Uttar Pradesh Land Revenue Act, 19011
| [U.P. Act 3 of 1901 as amended up to U.P. Act 20 of 1997]2 |
An Act to consolidate and amend the law relating to Land Revenue and the jurisdiction of Revenue Officer in the [United Provinces]3
Whereas it is expedient to consolidate and amend the law relating to land revenue and the jurisdiction of Revenue Officers in the [Uttar Pradesh]4. It is hereby enacted as follows:
1. Received the assent of the Lieutenant-Governor on the 24th October, 1901 and of the Governor-General on the 19th December, 1901 and was published in Gaz. 1901. Pt. V, p. 349 under Section 40 of the Indian Councils Act, 1861, on the 21st December, 1901.
2. The Act has been extended under Ss. 5 and 5-A of the Scheduled Districts Act, 1874 (Act XIV of 1874). rep. by the A.O. 1937 to the Almora. Garhwal and Naini Tal districts (inclusive of the settled tracts of the Tarai sub-division) which correspond to the Scheduled Districts of Kumaun and Garhwal. The Act has also been extended to a certain portion of the Mirzapur District. see Noti. No. 1927, I-731-1901. dt. July 16, 1904, in Gaz. 1904, Pt. 1. p. 499.
The Act continues in force, with modifications, in territory transferred to Delhi Province, vide S. 3 and Sch III of the Delhi Laws Act, 1915, (Act VII of 1915).
3. Subs. by Ss. 3 and 5 of U.P. Act XI of 1941 of "Province of Agra and Oudh" which had been Subs. for "North-Western Provinces and Oudh" by S. 28(2) of U.P. Act I of 1904.
4. Subs. by S. 4 of U.P. Act XI of 1941, for "Agra Province and Oudh" which had been subs. for "the North-Western Provinces" by s. 15 of U.P. Act II of 1932.
Prefatory Note.-For Statement of Objects and Reasons see Gazette 1899, Pt. V, p. 223; for first R.S. Com., see ibid. 1901, dated June 22, p. 161, for second R.S. Com., see ibid. p. 172 and for discussion see L.C. Pro-ibid., 1899, Pt. VI, p. 399, ibid. 1900, p. 341, ibid. 1901, Pt. V, dated November 2, pp. 252 and 254.
Chapter I - Preliminary
Chapter I
PRELIMINARY
1. Title, extent and commencement.-(1) This Act may be called the [Uttar Pradesh]1 Land Revenue Act, 1901.
(2) 2[It extends3 to the whole of [Uttar Pradesh]4 except the areas specified in the First Schedule]:
[Provided that]5 the [State Government]6 may, by notification in the [official Gazette]7 extend8 the whole or any part of this Act to all or any of the areas so excepted [subject to exceptions or modifications as it thinks fit]9:
[Provided also that no provision of this Act which is inconsistent with the provisions of the Pargana of Kaswar Raja Act, 1915, shall apply to the pargana of Kaswar Raja in the district of Banaras:]10 and
(5) It shall come into force on the first day of January, 1902.
1. Subs. by S. 5(1) U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I. Act, 1935, for "Province of Agra and Oudh" which had been Subs. for "North-Western Provinces and Oudh by S. 28(2) of U.P. Act 1 of 1904, as continued by U.P. Act XIII of 1948.
2. Subs. by S. 5 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I. Act 1935, for the original sub-sections as amended by U.P. Act I of 1904 and adapted by the A.O. 1937-which ran as follows:
"It extends in the first instance to all the territories [* * *] administered by the Lieutenant Governor of the Province of Agra and Chief Commissioner of Oudh except the areas specified in the First Schedule.".
3. This Act has been extended subject to some restrictions to Almora, Garhwal exclusive of Kham villages of Garhwal Bhabar estate and to Naini Tal District exclusive of Kashipur Tahsil, Tarai and Kham villages Bhabar Tahsil by S. 1(2) of U.P. Land Revenue Act 1901 (Act III of 1901), vide Noti. No. 3109/I-A, dt. Oct. 18, 1947, in Gaz. 1947, Pt. I-A, pp. 643-645.
4. Subs. for "the United Provinces" by the A.O. 1950.
5. Subs. for "But, subject to the provisions of Ben. Reg. VII of 1828" by S. 3 of U.P. Act VI of 1915.
6. Subs. by the A.O. 1950 for (Provl. Govt.), which had been Subs. by the A.O. 1937 for (L.G.).
7. Subs. for "Gazette" by the A.O. 1937.
8. This Act has been extended to the areas mentioned in Column 1 of this table under the Act or Order mentioned in Column 2 and enforced in such areas under notification, if any, mentioned in Column 3 with effect from the date mentioned in Column 4 against each such area:
Areas
Act or Order under which extended
Notifications, if any, under which enforced
Date from which enforced
1
2
3
4
(1)
Rampur District . .
Rampur (Application of Laws) Act, 1950
. .
Chs. I, II and Ss. 21 to 27 of Ch. III came into force on and from December 1, 1949
(2)
Banaras District . .
Banaras (Application of Laws) Order, 1949
No. 3262(1) and No. 3262(2) XVII, dated Nov. 30, 1949
Chs. I, II and Ss. 21 to 27 of Ch. III came into force w.e.f. November 30, 1949
(3)
Tehri-Garhwal . .
District
Tehri Garhwal (Application of Laws) Order, 1949
Do.
Chs. I, II and Ss. 21 to 27 of Ch. III came into force w.e.f. November 30, 1949. The ramaining provisions of the Act shall extend to and came into force on such date and subject to such exceptions and modifications, as the State Government may, by notification in the Official Gazette specify in this behalf.
9. Ins. by S. 6 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I. Act, 1935, as continued by Act XIII of 1948.
10. Ins. by S. 3 of the U.P. Act VI of 1915.
2. Repeal.-(1) The enactments specified in the Second Schedule are repealed to the extent mentioned in the third column thereof.
(2) When this Act or any portion thereof is extended [with or without exception or modification]1 to any of areas excepted in the First Schedule, so much of any Act of Regulation in force therein as is inconsistent with this Act, or the portion thereof [as]2 extended, as the case may be, shall be thereby repealed.
(3) The repeal of any enactment by this Act shall not legalize any practice which immediately before the passing of such enactment was illegal, and shall not revive any right, privilege, matter or thing not in force or existing at the commencement or this Act.
Note.-Sub-section (1) shall be omitted in its application to Tehri-Garhwal, vide U.P. Act No. IV of 1957.
1. Ins. by S. 6 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I. Act, 1935, as continued S. 3 and Sch. of U.P. Act XIII of 1948.
2. Subs. for ‘so’ by S. 6 of U.P. act XI of 1941.
3. Savings.-(1) All rules, appointments, assessments partitions, and transfers made, notifications, proclamations, and orders issued, authorities and powers conferred, farms granted, records-of-rights and other records framed, rights acquired and liabilities incurred, rents fixed, places and times appointed, and other things done under any of the enactments hereby repealed shall, so far as may be, be deemed to have been respectively made, issued, conferred, granted, framed, acquired, incurred, fixed, appointed and done under this Act.
(2) Any enactment or document referring to any enactment hereby repealed, shall be construed to refer to this Act, or to the corresponding portion thereof.
Note.-This section shall be omitted in its application to Tehri-Garhwal, vide U.P. Act No. IV of 1957.
4. Definitions.-In this Act unless there be something repugnant in the subject or context-
(1) "Board" means the Board of Revenue;
1[(1-A) ‘Ex-proprietary tenant’, ‘grant at a favourable rate of rent’, ‘grove’, ‘grove-holder’, grove-land', ‘hereditary tenant’, ‘improvement’, ‘khudkasht’, ‘land-holder’, ‘occupancy tenant’, ‘rent’, ‘rent-free grant’, ‘sir’ and tenant' have the meanings assigned to them in the United Provinces Tenancy Act, 1939, subject to the following modifications:
(a) in the definition of improvement in sub-section (8) of Section 3 of the United provinces Tenancy Act, 1939, the words ‘with reference to a tenant's holding’ shall be deemed to have been omitted;
(b) in the definition of ‘rent’ in sub-section (18) of Section 3, in the United Provinces Tenancy Act, 1939, the words "and in Chapter VII except when the contrary intention appears, include sayar" shall be deemed to have been omitted; and
(c) the term ‘tenant’ as defined in sub-section (23) of Section 3 of the United Provinces Tenancy Act, 1939, shall be deemed not to include a ‘thekadar’.]
(2) "Incumbrance" means a charge upon or claim against land arising out of private contract.
(3) "Lambardar" means a co-sharer of a mahal appointed under this Act to represent all or any of the co-sharers in that mahal;
(4) "Mahal" means-
(a) any local area held under a separate engagement for the payment of the land revenue:
Provided that-
(i) if such area consists of a single village or portion of a village, a separate record-of-rights has been framed for such village or portion;
(ii) if such area consists of two or more villages or portions of villages, a separate record-of-rights has been framed either for the entire area, or for each of the villages or portions of villages included therein;
(b) any revenue-free area for which a separate record-of-rights has been framed;
(c) for such purposes as the 2[State Government], may determine, any grant of land made heretofore or hereafter under the Waste Land Rules; and
(d) any other local area which the 2[State Government] may by general or special order declare to be a mahal;
(5) "Minor" means a person who, under Section 3 of the Indian Majority Act, 1875, has not attained his majority;
(6) [* * *]3
(7) "Revenue" means land revenue;
(8) "Revenue Court" means all or any of the following authorities (that is to say), the Board and all members thereof, Commissioners, Additional Commissioners, Collectors, [Additional Collectors]4 Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record officers, and Assistant Record officers and Tahsildars;
(9) "Revenue Officer" means any officer employed under this Act in maintaining revenue records, or in the business of the land revenue;
(10) "Revenue-free", when applied to land, means land whereof the revenue has either wholly or in part been released, compounded for, redeemed, or assigned;
(11) "Settlement" means settlement of the land revenue;
(12) [* * *]5
6[(13) "Sayar" means receipts arising from or on account of natural products, excluding stones and other minerals; and]
(14) "Taluka" or "Taluqdari Mahal" means an estate in Oudh to which the provisions of the Oudh Estates Act 1 of 1869, apply; and
"Taluqdar" means the proprietor of such an estate;
(15) "Under-proprietor", means in Oudh a person possessing a heritable and transferable right in land who is, or but for a judicial decision or contract would be, liable to pay rent therefor;
7[(16) "sub-proprietor" in Agra means a person having an inferior but heritable and transferable proprietary interest in land, with whom a sub-settlement has been made under the provisions of this Act or of any other law for the time being in force;
8[(17) Any reference to any enactment shall be construed as a reference to that enactment as amended form time to time in its application to Uttar Pradesh, and, in the case of the Code of Civil Procedure, 1908, as reference to that Code, subject also to any annulments, alterations and additions to the rules contained in the First Schedule thereto made from time to time under Section 122 thereof by the High Court.]
Application of the Act to Tehri-Garhwal.-Clauses (1-A), (13), (14), (15) and (16) shall be omitted and for clause (3) the following shall be substituted, vide U.P. Act IV of 1957:-
"(3) ‘Lambardar’ means-
(a) a co-sharer of a mahal appointed under this Act to represent all or any of the co-sharers in that mahal or a mukhtar of recognized agent of such co-sharer whether called a malguzar, pradhan or sirgiroh, and
(b) a ghar pradhan."
1. Sub-section (1-A) Ins. by S. 7 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I. Act 1935, it was re-enacted by U.P. Act XIII of 1948.
2. Subs. by the A.O. 1950 for "Provl. Govt." which had been Subs. by the A.O. 1937 for "L.G.".
3. Sub-section (6) omit. by S. 7 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of g. of I. Act, 1935, as continued by U.P. Act XIII of 1948, it ran as follows: "Rent" and "tenant" shall have the same meaning as they have in the Agra Tenancy Act, 1926, or the Oudh Rent Act, 1886, as the case may be.".
4. Add. by S. 16 of U.P. Act II of 1932.
5. omit. by S. 7 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of 1. Act XIII of 1948.
The original sub-section as amended by S. 2 of U.P. Act IV of 1923, S. 2 of U.P. Act VI of 1926 and S. 2 of U.P. Act II of 1932, ran as follows:
"Sir shall have the same meaning in Agra as it has in the Agra Tenancy Act, 1926".
6. Subs. by S. 7 of U.P. Act XI of 1941, for the original sub-section as Subs. by S. 2 of U.P. Act V of 1921; it ran as follows:
"Sir shall have the same meaning in Oudh as it has in the Oudh Rent Act, 1886, as amended by the Oudh Rent (Amendment) Act, 1921.".
7. Subs. by S. 7 of U.P. Act XI of 1941, for the sub-section as Ins. by S. 3 of U.P. Act II of 1932; it ran as follows:
"A ‘sub-proprietor’, in the Province of Agra, means a person who possesses a subordinate but heritable and transferable right and whose name is recorded in the register of proprietors as such; and includes such persons as a rent-free grantee to whose grant the provisions of Ss. 185 and 186 of the Agra Tenancy Act apply, a gawanhadar, an arazidar, or other like person owning these rights.".
8. Added by U.P. Act XII of 1965.
Chapter II - Appointments and Jurisdiction
Chapter II
APPOINTMENTS AND JURISDICTION
1[5. Controlling powers of State Government and Board respectively.-Subject to the superintendence, direction and control of the State Government, the Board shall be the chief controlling authority in the matters provided under the Act, excepting matters relating to disposal of cases, appeals, 2[* * *] and revisions.]
1. Subs. by U.P. Act 30 of 1975.
2. The word "references" omitted by U.P. Act 20 of 1997, S. 2.
6. Appointment of members of the Board.-The [State Government]1 [* * *]2 shall appoint [* * *]3 the members of the Board.
1. Subs. by AO 1950 for "[Provl. Govt.]" which had been Subs. by the AO 1937 for "LG".
2. The words "with the previous sanction of the G.G. in C." omit by S. 2 and Sch. I of Act 38 of 1920.
3. The words "and may remove" omit. by A.O. 1937.
7. Power to distribute business.-(1) Subject to such rules or orders as the [State Government]1 may prescribe or issue, the Board may distribute its business and make such territorial division of its jurisdiction amongst its members as to the Board may seem fit.
(2) All orders made or decrees passed by a member of the Board in accordance with such distribution or division shall be held to be the orders or decrees (as the case may be) of the Board.
1. Subs. by AO 1950 for "[Provl. Govt.]" which had been Subs. by the AO 1937 for "LG".
8. Alteration or reversal of a judicial order.-1[(1) where a proceeding coming under the consideration of the Board on appeal 2[* * *] or in revision is heard by a Division Bench composed of two or more members, the case shall be decided in accordance with the opinion of such members of the majority, if any, of such members.]
Note.-The words "on appeal" shall be omitted in its application to Tehri-Garhwal, vide U.P. Act IV of 1957.
1. Subs. by U.P. Act 30 of 1975.
2. The words "or reference" omitted by U.P. Act 20 of 1997, S. 3.
9. Reference to State Government in case of difference of opinion.-When the members of the Board are equally divided in opinion as to any order to be made in the course of [business connected with settlement]1 the question regarding which there is such division of opinion, shall be referred for decision to the [State Government]2.
1. Subs. for the words "its non-judicial business" by S. 2 and Sch. of U.P. Act XII of 1922.
2. Subs. by the A.O. 1950 for "[Provl. Govt.]" which had been Subs. by the A.O. 1937 for "(LG)".
10. Power to authorize member to exercise power of Board.-Notwithstanding anything contained in this Act the [State Government]1 may authorize any member of the Board to perform or exercise, either generally or in respect of any particular locality, all or any of the duties and powers imposed and conferred on the Board.
1. Subs. by the A.O. 1950 for "[Provl. Govt.]" which had been Subs. by the A.O. 1937 for "(LG)".
11. Power to create, alter and abolish divisions, districts, tahsil and sub-divisions.-(1) The [State Government]1 may [* * *]2 create new or abolish existing divisions of districts.
(2) The [State Government]3 may alter the limits of any division, district, or tahsil, and may create new or abolish existing tahsil, and may divide any district into sub-divisions, and may alter the limits of sub-divisions.
(3) Subject to the orders of the [State Government]4 under sub-section (2), all tahsils shall be deemed to be sub-divisions of districts.
1. Subs. by the A.O. 1950 for "[Provl. Govt.]" which had been Subs. by the A.O. 1937 for "(LG)".
2. The words "with the previous sanction of the G.G. in C." omit. by AO 1937.
3. Subs. by the A.O. 1950 for "[Provl. Govt.]" which had been Subs. by the A.O. 1937 for "(LG)".
4. Subs. by the A.O. 1950 for "[Provl. Govt.]" which had been Subs. by the A.O. 1937 for "(LG)".
12. Commissioners of divisions.-The [State Government]1 shall appoint in each division a Commissioner, who shall within his division exercise the powers and discharge the duties conferred and imposed on a Commissioner under this Act, or under any other law for the time being in force, and who shall [* * *]2 exercise authority over all the revenue officers in his division.3
1. Subs. by the A.O. 1950 for "[Provl. Govt.]" which had been Subs. by the A.O. 1937 for "(LG)".
2. The words "subject to the control of the Board" omit. by S. 2 and Sch. of U.P. Act XII of 1922.
3. For appointment of Deputy Commissioner, Naini Tal as Commissioner, Kumaun Division, in addition to his own duties, see Noti. No. 180-R/I-345, dt. May 19, 1937, in Gaz., 1937, Pt. I, p. 1068.
13. Appointment, power and duties of Additional Commissioner.-(1) The [State Government]1 may [* * *]2 appoint Additional Commissioner in a division, or in two or more divisions combined.
(2) An Additional Commissioner shall hold his office during the pleasure of the [State Government]3.
(3) An Additional Commissioner shall exercise such powers and discharge such duties of a Commissioner in such cases or classes of cases as the [State Government]4 or in the absence of orders from the [State Government]5 the Commissioner concerned, may direct.
(4) This Act and every other law for the time being applicable to a Commissioner shall apply to the Additional Commissioner, when exercising any powers or discharging any duties under sub-section (3), as if he were the Commissioner of the division.
1. Subs. by the A.O. 1950 for "[Provl. Govt.]" which had been Subs. by the A.O. 1937 for "(LG)".
2. The words "with the previous sanction of the G.G. in C." omit. by S. 2 and Sch. I of Act XXXVIII of 1920.
3. Subs. by the A.O. 1950, for "[Provl. Govt]" which had been Subs. by the A.O. 1937 for "[LG]".
4. Subs. by the A.O. 1950, for "[Provl. Govt]" which had been Subs. by the A.O. 1937 for "[LG]".
5. Subs. by the A.O. 1950, for "[Provl. Govt]" which had been Subs. by the A.O. 1937 for "[LG]".
14. Collector of the district-The [State Government]1 shall appoint in each district an officer who shall be the Collector of the district, and who shall throughout his district, exercise all the powers and discharge all the duties conferred and imposed on a Collector by this Act or any other law for the time being in force.
1. Subs. by the A.O. 1950, for "[Provl. Govt]" which had been Subs. by the A.O. 1937 for "[LG]".
1[14-A. Appointment powers and duties of Additional Collectors.-(1) The [State Government]2 may appoint an Additional Collector in a district or in two or more districts combined.
(2) An Additional Collector shall hold his office during the pleasure of the [State Government]3
4[(3) An Additional Collector shall exercise such powers and discharge such duties of a Collector in such cases of classes of cases as the Collector concerned may direct.]
(4) This Act and every other law for the time being applicable to a Collector shall apply to every Additional Collector, when exercising any powers or discharging any duties under sub-section (3), as if he were the Collector of the district.]
1. S. 14-A Ins. by S. 2 of U.P. Act III of 1920.
2. Subs. by the A.O. 1950, for "[Provl. Govt]" which had been Subs. by the A.O. 1937 for "[LG]".
3. Subs. by the A.O. 1950, for "[Provl. Govt]" which had been Subs. by the A.O. 1937 for "[LG]".
4. Subs. by U.P. Act No. XXI of 1962.
15. Assistant Collectors.-(1) The [State Government]1 may appoint to each district as many other persons as it thinks fit to be Assistant Collector of the first or second class.
(2) All such Assistant Collectors and all other revenue officers in the district, shall be subordinate to the Collector.
1. Subs. by the A.O. 1950, for "[Provl. Govt]" which had been Subs. by the A.O. 1937 for "[LG]".
16. [* * *]1
1. S. 16 re. suspension of removal of officers omit by AO 1937.
17. Tahsildar and Naib-Tahsildars.-The 1[State Government] may appoint to each district as many person as it may think fit to be Tahsildars and Naib-Tahsildars [* * *]2.
Note.-For the words "Naib-Tahsildar" the word "Peshkar" shall be substituted in its application to Tehri-Garhwal vide U.P. Act IV of 1957.
1. Subs. by the A.O. 1950, for "[Provl. Govt]" which had been Subs. by the A.O. 1937 for "[LG]".
2. The words "and may suspend or remove such officers or any of them. or it may delegate its powers of appointing, suspending or removing them subject to such rules as the LG may prescribe" omit by AO 1937.
1[18. Sub-Divisional Officers and Additional Sub-Divisional Officers.-(1) The State Government may place any Assistant Collector of the first class in-charge of one or more sub-divisions of a district, and may remove his therefrom.
(2) Such Assistant Collector shall be called an Assistant Collector in-charge if a sub-division of a district or a Sub-Divisional Officer and shall exercise all the powers and discharge all the duties conferred and imposed upon him by this Act or by any other law for the time being in force, subject to the control of the Collector.
(3) The State Government may designate any Assistant Collector of the first class appointed to a district to be Additional Sub-Divisional Officer in one or more sub-divisions of the district.
(4) The Additional sub-Divisional Officer shall exercise such powers and perform such duties of an Assistant Collector in charge of a sub-division of a district in such cases of classes of cases as the State Government may direct.
(5) The provisions of this Act and of every other law for the time being applicable to a Sub-Divisional Officer shall apply to every Additional Sub-Divisional Officer when exercising any powers of discharging any duties under sub-section (4) as if he were a Sub-Divisional Officer.
(6) The State Government may delegate its powers under this section to the Collector of the district and may revoke such delegation.]
1. Subs. by U.P. Act X of 1961.
19. Subordination of Revenue officers.-Every Revenue Officer of Sub-division of a district shall be subordinate to the Assistant Collector (if any) in-charge of such sub-division, subject to the general control of the Collector.
20. Collector of the district in case of temporary vacancy.-if the Collector dies or is disabled from performing his duties, the officer who succeeds temporarily to the chief executive administration of the district in revenue matters shall be held to be the Collector under this Act until the [State Government]1 appoints a successor to the Collector so dying or disabled, and such successor takes charges of his appointment.
1. Subs. by the AO 1950 for [Provl. Govt.] which had been Subs. by the AO 1937 for [LG].
Chapter III - Maintenance of Maps and Records
Chapter III
MAINTENANCE OF MAPS AND RECORDS
(A) Kanungos and [Lekhpals]1
21. Power to form and alter 2[Lekhpals'] halkas.-3[(1) The Collector may arrange the villages of the district in lekhpals' halkas and may, from time to time, alter the limits of such halkas without effecting any change in the strength of lekhpals.
(2) If the change or alteration referred to in sub-section (1) is likely to effect any change in the strength of lekhpals, previous sanction of the State Government shall be obtained for the purpose.]
But no such arrangement or alteration shall be final unless and until it has been sanctioned by the [State Government.]4
Note.-Land Records Manual Chapter XI, Paragraphs 550 to 557 lay down the rules about the number and limit of Patwari's Circles or in the scale of pay. See also Board's Circular No. 8, dated 23rd September, 1862.
1. Subs. for the word "Patwaris" by the U.P. Land Reforms (Amend). Act, 1956.
2. Subs. for the word "Patwaris" by the U.P. Land Reforms (Amend). Act, 1956.
3. Subs. by U.P. Act No. 37 of 1958.
4. Subs. by the AO 1950 for [Provl. Govt.] which had been Subs. by the AO 1937 for [LG].
22. [* * *]1
1. S. 22 relating to the salaries of patwaris omitted by the AO 1937.
1[23. Appointment of Lekhpals.-The State Government shall appoint a Lekhpal to each halka for the preparation of records specified by or under the Act and for the purpose of such other duties as may be prescribed.]
1. Subs. by U.P. Land Reforms Amend.) Act, 1956.
24. [* * *]1
1. S. 24 relating to nomination and appointment of patwaris to fill vacancies omitted by AO 1937.
25. Appointment of Kanungos.-One or more Kanungos may 1[* * *] be appointed in each district for the proper supervision, maintenance, and correction of the annual registers, and for such other duties as the [State Government]2 may, time to time, prescribe.
1. Deleted by U.P. Act No. 18 of 1956.
2. Subs. by the AO 1950 for (Provl. Govt.) which has been Subs. by the AO 1937 for (Board) by S. 2 and Sch of U.P. Act XII of 1922, as adapted by the AO 1937.
26. [* * *]1
1. S. 26 relating to salaries of Kanungos omitted by ibid.
27. Kanungos and Lekhpals to be public servants, and their records public records.-Every kanungo and lekhpal and every person appointed temporarily to discharge the duties of any such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code and all official records and [documents]1 kept by any other officer shall be held to be public records and the property of [the State Government.]2
1. Subs. by S. 339 (c), Sch III, List II, Sl. 3 of U.P. Act I of 1951 for [papers].
2. Subs. by ibid. for [Crown] which had been Subs. by the AO 1937 for [Govt].
(B) Maps
28. Maintenance of map and field-book.-The Collector shall in accordance with rules made under Section 234, maintain a map and field-book of each village in his district and shall cause annually, or at such longer intervals as the [State Government]1 may prescribe, to be recorded therein all changes in the boundaries of each village [* * *]2 or field and shall correct any errors which are shown to have been made in such map or field-book.
1. Subs. by the AO 1950 for [Prov. Govt.] which had been Subs. by the AO 1937 for [Board] by S. 2 and Sch of U.P. Act XII of 1922, as adapted by the AO 1937.
2. The word [Mahal] omitted by S. 339(c) Sch III, List II, Sl. 4 of U.P. Act I of 1951 in its application to area where U.P. Act I of 1951 is applicable.
29. Obligations of owners as to boundary makes.-All owners of villages, mahals or fields are bound to maintain and keep in repair, at their own cost, the permanent boundary marks lawfully erected thereon, and the Collector may at any time order such owners-
(a) to erect proper boundary marks on such villages, mahals or fields;
(b) to repair or renew in such form and material as he may prescribe all boundary marks lawfully erected thereon.
If such order is not complied with within thirty days from the communication thereof, the Collector shall cause such boundary marks to be erected, repaired or renewed, and shall recover the charges incurred form the owners concerned in such proportion as he thinks fit.
Explanation.-The term "owners" in this and the following section includes also under-proprietors, lessees, mortgagees or other person in possession of the land referred to.
Application of the Act to Areas where U.P. Act 1 of 1951 enforced.-Section 29 shall stand substituted as under where U.P. Act 1 of 1951 is applied:-
29. Obligations of owners as to boundary marks.-(1) It shall be the duty of every tenure-holder to maintain and keep in repair at his cost the permanent boundary marks lawfully erected on his fields.
(2) It shall be the duty of the Gaon Sabha to maintain and keep in repair at it cost the permanent boundary marks lawfully erected on the village situate within its jurisdiction.
(3) The Collector may at any time order, as the case may be, a Gaon Sabha or tenure holder-
(a) to erect proper boundary marks on such villages or fields;
(b) to repair or renew in such form and nature as may be prescribed all boundary marks lawfully erected therein.
30. Penalty for injury to, or removal of, marks.-The Collector may order any person convicted before him of wilfully erasing, removing or damaging a boundary, or survey mark to pay such sum, not exceeding fifty rupees for each mark so erased, removed, or damaged, as may be necessary to restore it, and to reward the informer through whom the conviction was obtained. When such sum cannot be recovered, or if the offender cannot be discovered, the Collector shall restore the mark and recover the cost thereof from such of [tenure-holder or Gaon Sabhas of co-terminous fields of villages as the case may be]1 as he thinks fit.
1. Subs. by U.P. Act 1 of 1951 for [the owners of the co-terminous villages, mahals of fields]. in its application to areas where U.P. Act 1 of 1951 in applicable.
(C) Registers
31. Registers of revenue paying and revenuefree mahals.-The Collector shall prepare and maintain-
(a) a list of all revenue-paying mahals, specifying the revenue assessed on each and the lambardar or other person through whom it is payable;
(b) a list of all revenue-free mahals, specifying the authority and conditions which they are exempt from the payment of revenue.
Application of the Act to Areas where U.P. Act 1 of 1951 is enforced.-Section 31 shall stand substituted as under where U.P. Act 1 of 1951 is applied:-
31. List of villages.-The Collector shall prepare and maintain in the prescribed form a list of all villages and will show therein the prescribed manner, the areas-
(a) liable to fluvial action,
(b) having precarious cultivation and
(c) the revenue whereof has either, wholly or in part been released, compounded, redeemed or assigned.
Such registers shall be revised every five years in accordance with the rules framed in that behalf.
32. Record-of-rights.-1[There shall be a record-of-rights for each village subject to such exceptions as may be prescribed by rules made under the provisions of Section 234. The record-of-rights shall consist of a register of all persons cultivating or otherwise occupying land specifying the particulars required by Section 55.]
Note.-This section has been considerably changed as a result of the abolition of Zamindari, and much of the commentary may be useless in future. It has, however, been retained, in order to facilitate the interpretation of the old section, which is also given below.
1. Subs. by Sl. 8, of U.P. Act I of 1951.
33. The annual registers.-(1) The Collector shall maintain the record-of-rights, and for that purpose shall annually, or at such longer intervals as the [State Government]1 may prescribe, cause to be prepared an amended [register mentioned in Section 32.]2
The [register]3 so prepared shall be called the annual register.
4[(2) The Collector shall cause to be recorded in the annual register-
(a) all successions and transfers in accordance with the provisions of Section 35; or
(b) other changes that may take place in respect of any land;
and shall also correct all errors and omissions in accordance with the provisions of Section 39:
Provided that the power to record a change under clause (b) shall not be construed to include the power to decide a dispute involving any question of title.]
5[(3) No such change or transaction shall be recorded without the order of the collector or as hereinafter provided, of the Tahsildar or [the Kanungo.]6
7[(4) The Collector shall cause to be prepared and supplied to every person recorded as bhumidhar, whether with or without transferable rights, assami or Government Lessee a Kisan Bahi (Pass book) which shall contain-
(a) such extract from the annual register prepared under sub-section (1) relating to all holdings of which he is so recorded (either solely or jointly with others);
(b) details of grants sanctioned to him; and
(c) such other particulars as may be prescribed:
Provided that in the case of joint holdings it shall be sufficient for the purpose of this sub-section of Kisan Bahi (Pass book) is supplied to such one or more of the recorded co-sharers as may be prescribed.
(4-A) The Kisan Bahi (Pass book) referred to in sub-section (4) shall be prepared in such manner and on payment of such fee, which shall be realisable as arrears of land revenue, as may be prescribed.
(5) Every such person shall be entitled, without payment of any extra fee, to get any amendment made in the annual register under sub-section (2) incorporated in his Kisan Bahi (Pass book).]
(6) The State Government may make rules to carry out the purposes of this section, including, in particular, rules, prescribing the mode of reception in evidence, and of proof in judicial proceedings, of entries in the [Kisan Bahi (Pass Book)]8, and the mode of its revision and authentication up-to-date and for issue of duplicate copies thereof, and the fees, if any, to be charged for any of the said purposes.
(7) In this section, ‘prescribed’ means prescribed by rules made by the State Government.
(8) Nothing in sub-sections (4) to (7) shall apply in relation to any area which is either under consolidation operations or under record operations.]
1. Subs. by A.O. 1950 for [Provl. Govt.] which had been subs. for [Board] by S. 2 and Sch. of U.P. Act XII of 1922, as adapted by the A.O. 1937.
2. Subs. by S. 339(c), Sch. III, List II, Sl. 9(a) of U.P. Act I of 1951 for [set of the registers enumerated in Section 32].
3. Subs. by S. 9(b) ibid. for [registers].
4. Subs. by U.P. Act 30 of 1975.
5. Subs. by S. 339(c), Sch. III. List II. Sl. 9(1) of U.P. Act 1 of 1951 in its application to areas where U.P. Act 1 of 1951 in enforced for the following sub-s (3):
(3) No such charge of transaction affecting the registers prescribed by clauses (a) to (d) of Section 32 shall be recorded without the order of the Collector, or, as hereinafter provided of the Tahsildar.
6. Subs. by U.P. Act 37 of 1958.
7. Subs. by U.P. Act 23 of 1992 (w.e.f. 24-9-1992).
8. Subs. by U.P. Act 23 of 1992 for "jot Bahi (Pass Book);" (w.e.f. 24-9-1992).
1[33-A. Correction of annual registers in cases of uncontested successions.-(1) Where a person obtained possession of any land by succession, the Kanungo shall make such enquiry as may be prescribed and if the case is not disputed record the same in the annual registers.
2[(2) The provisions of sub-section (1) shall mutatis mutandis apply-(i) to a person, who has been admitted as a sirdar of any land under Section 195 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 before the commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977 or as a bhumidhar with non-transferable rights under the said section after such commencement, or as an asami of any land under Section 197 of the first mentioned Act,
(ii) to every settlement of land made under sub-section (3) of Section 27 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.]
1. Ins. by U.P. Act 37 of 1958.
2. Subs. by U.P. Act 24 of 1986.
34. Report of succession or transfer of possession.-(1) Every person obtaining possession of any land by succession or transfer (other than a succession or transfer which has already been recorded under Section 33-A), shall report such succession or transfer to the Tahsildar of the Tahsil in which the land is situate.]
(2) [Omitted]1
(3) [Omitted]
(4) If the person so succeeding, or otherwise obtaining possession, is a minor or otherwise disqualified, the guardian or other person who has charge of his property shall make the report required by this section.
(5) No Revenue Court shall entertain a suit or application by the person so succeeding or otherwise obtaining possession until such person has made the report required by this section.
2[Explanation.-For the purposes of this section, the word ‘transfer’ includes-
(i) a family settlement by which the holding or part of the holding recorded in the record-of-rights in the name of one or more members of that family is declared to belong to another or other members; or
(ii) an exchange of holding or part thereof under Section 161 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.]
1. Omitted by U.P. Act 30 of 1975.
2. Subs. by U.P. Act 30 of 1975.
1[35. Procedure on report.-On receiving a report of succession or transfer under Section 34, or upon facts otherwise coming to his knowledge, the Tahsildar shall make such inquiry as appears necessary, and if the succession or transfer appears to have taken place, he shall direct the annual registers to be amended accordingly.]
Amendment 37 of 1958.-The result of amendment made by U.P. Act 37 of 1958 was that with effect from November 7, 1958, Tahsildar himself was given the power to decide all cases of succession irrespective of the fact-whether they were disputed or undisputed.2
1. Subs. by U.P. Act 30 of 1975.
2. Maharaji v. jai Dev, 1968 RLJ 179.
36. Collector to specify land held by ex-proprietary tenant and fix its rent.-1[(1) When ex-proprietary rights have accrued under the provisions of the Agra Tenancy Act, 19262 (U.P. Act III of 1926), the Oudh Rent Act, 18863 (Act XXII 1886), or the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939), the Collector shall, i the course of mutation proceedings under Section 35 or, if more convenient in a separate proceeding, pass an order specifying, and, if necessary, demarcating the land in which such ex-proprietary rights have been created, and fixing the rent payable therefor in accordance with the provisions of the Act which was in force at the time when such rights accrued.]
(2) The rent so fixed shall be payable from the date the exproprietary tenancy arose, subject to the law of limitation as to arrears of rent [* * *]4
(3) If the case is one in which the Tahsildar would otherwise be empowered to order mutation of names under Section 35, he shall refer it to the Collector.
(4) If for any reason and order specifying [and, if necessary, demarcating]5 the land and fixing the rent payable has not been passed under sub-section (1), the landholder or tenant or any co-sharer directly interested in such matter, may at any time during the continuance of an ex-proprietary tenancy apply for the issue of such order.
Note.-S. 36 stands omitted where U.P. Act 1 of 1951 is enforced vide U.P. Act 1 of 1951, Sch. III.
1. Subs. by S. 9 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I. Act, 1935, for the original section as amended by S. 10 of U.P. Act II of 1932; it ran as follows:
"(1) When a right of occupancy has been created under the provisions of S. 14 of the Agra Tenancy Act, 1928, or S. 7-A of the Oudh Rent Act, 1886, as the case may be, in favour of an ex-proprietary tenant, the Collector shall, in the course of the mutation proceedings under S. 35, of, if more convenient, in a separate proceeding, pass an order specifying the land in which such occupancy right has been created, and fixing the rent payable therefor in accordance with the provisions of those sections.".
2. rep. by the U.P. Tenancy Act, 1939, (U.P. Act XVII of 1939), except in respect of the areas to which it does not apply.
3. rep. by the U.P. Tenancy Act, 1939 (U.P. Act XVII of 1939).
4. The words "and save as provided by S. 41 of the Agra Tenancy Act, 1926 or S. 35-B of the Oudh Rent Act, 1886, shall not be liable to enhancement or abatement for a period of ten years, except by order of a settlement officer under S. 87 of the Act" omit. by S. 9 of U.P. Act XI of 1941.
5. Ins. by ibid.
37. Power to prescribe fees for mutation.-(1) The [State Government]1 may prescribe proper fees for mutation in the registers:
Provided that no fee for a single mutation shall exceed [five]2 rupees.
(2) Such fees shall be levied from the person in whose favour the mutation is made [* * *]3.
1. Subs. by the A.O. 1950 for [Provl. Govt.] which had been Subs. by the A.O. 1937 for (L.G.).
2. Subs. by S. 339(c) Sch. III, List II Sl. 13, for the words [one hundred] in its application to areas where U.P. Act 1 of 1951 enforced.
3. The words "and shall be expended in such manner as the Provincial Govt. thinks fit", a adapted by A.O. 1937 omitted by S. 10 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I Act, 1935, as continued by U.P. Act XIII of 1948.
38. Fine for neglect to report.-Any person neglecting to make the report required by Section 34 within three months from the date of obtaining possession under a [* * *]1 lease, or from the date of the succession or other transfer, shall be liable to a fine not exceeding five times the amount of the fee which would otherwise have been payable under Section 37, or when no fee is leviable, then not exceeding such amount as the [State Government]2 may by rule prescribe.
Note.-For Rules under this section see Notifications No. 196/11-412-A, dated March 15, 1910 and No. 300/11-412-A, dated May 5, 1910, in Gazette, 1910, Pt. II, pp. 435 and 752, respectively.
1. The words (mortgage or) deleted by S. 339(c), Sch. III, List II, Sl. 14 of U.P. Act I of 1951 in its application to areas where U.P. Act I of 1951 enforced.
2. Subs. by the A.O. 1950 for [Provl. Govt.] which had been Subs. for [Board] by S. 2 and Sch. of U.P. Act XII of 1922, as adapted by the A.O. 1937.
1[39. Correction of mistakes in the annual register.-(1) An application for correction of any error or omission in the annual register shall be made to the Tahsildar.
(2) On receiving an application under sub-section (1) or any error or omission in the annual register coming to his knowledge otherwise, the Tahsildar shall make such inquiry as appears necessary and then refer the case to the Collector, who shall dispose it of, after deciding the dispute in accordance with the provisions of Section 40.
2[Provided that nothing in this sub-section shall be construed to empower the Collector to decide a dispute involving any question of title.]
(3) The provisions of sub-sections (1) and (2) shall prevail, notwithstanding anything contained in the U.P. Panchayat Raj Act, 1947.
1. Subs. by Sch. of U.P. Act X of 1961.
2. Ins. by U.P. Act 30 of 1975.
40. Settlement of disputes as to entries in annual register.-(1) All disputes regarding entries in the annual registers shall be decided on the basis of possession.
(2) If in the course of inquiry into a dispute under this section the [Collector or the Tahsildar]1 is unable to satisfy himself as to which party is in possession, he shall ascertain by summary inquiry who is the person best entitled to the property and shall put such person in possession.
(3) [Deleted.]2
1. Subs. by S. 339(c), Sl. 16, List II, Sch. III, of U.P. Act I of 1951 for [Collector], in its application to areas where U.P. Act 1 of 1951 is enforced.
2. Deleted by U.P. Act X of 1961.
1[40-A. Saving as to title suits.-No order passed under Section 33, Section 35, Section 39, Section 40, Section 41 or Section 54 shall bar any suit in a competent court for relief on the basis of a right in a holding.]
1. Subs. by U.P. Act, 35 of 1970.
41. Settlement of boundary disputes.-(1) All disputes regarding boundaries shall be decided as far as possible on the basis of existing survey maps, but if this is not possible, the boundaries shall be fixed on the basis of actual possession.
(2) If, in the course of an inquiry into a dispute under this section, the Collector is unable to satisfy himself as to which party is in possession, or if it is shown that possession has been obtained by wrongful dispossession of the lawful occupants of the property within a period of three months previous to the commencement of the inquiry, the Collector-
(a) in the first case shall ascertain by summary inquiry who is the person best entitled to the property, and shall put such person in possession;
(b) in the second case, shall put the person so dispossessed in possession; and shall then fix the boundary accordingly.
41-A. Application of Panchayat Raj Act to certain proceedings of the Act.-Notwithstanding anything contained in this Act, the Tahsildar shall, in the areas in which Panchayati Adalats have been established under Section 42 of the U.P. Panchayat Raj Act, 1947, transfer, in accordance with the provisions contained in sub-section (3) of Section 51 of the U.P. Panchayat Raj Act, 1947, to the Panchayati Adalat having jurisdiction all applications under Sections 33, 34, 35, 39, 40 and 41 as soon as they become disputed and thereafter the provisions of Chapter VI of the Panchayat Raj Act shall apply to such proceedings.
Note.-Section 41-A shall stand omitted in its application to areas where U.P. Act 1 of 1951 is enforced-Vide U.P. Act 1 of 1951, Sch. III.
42. Determination of class of tenant.-(1) In case of any dispute respecting the class of tenure of any tenant, the Collector shall decide, according to the principles laid down in the [United Provinces Tenancy Act, 1939]1. (U.P. Act XVII of 1939).
(2) In the trial of disputes under this section the collector shall observe the procedure prescribed for the trial of cases of a similar kind under the [United Provinces Tenancy Act, 1939]2 (U.P. Act XVII of 1939).
Note.-Section 42 stands omitted where U.P. Act 1 of 1951 is enforced Vide U.P. Act 1 of 1951, Sch. III.
1. Subs. for "Agra Tenancy Act, 1926, of the Oudh Rent Act, 1886, as the case may be" by S. 12 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of Govt. of India Act, 1935.
2. Subs. for "Agra Tenancy Act, 1936, or for the trial or suits under the Oudh Rent Act, 1886, as the case may be" by S. 82 of ibid.
43. Procedure when rent payable is disputed.-In case of any dispute regarding the [revenue or]1 rent payable by any [tenure-holder],2 the Collector shall not decide this dispute, but shall record as payable for the year to which the annual register refers the [revenue or]3 rent payable for the previous year, unless it has been enhanced or abated by an order or agreement under this Act, 4[or the United Provinces Tenancy Act, 1939], [or the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951.]5
1. Ins. by S. 43(a) by U.P. Act 1 of 1951 where this Act is enforced.
2. Subs. by Sl. 43(a) by U.P. Act 1 of 1951 where this Act is enforced for "tenant".
3. Ins. by S. 43(a) by U.P. Act 1 of 1951 where this Act is enforced.
4. Subs. for "or the Agra Tenancy Act, 1926, or the Oudh Rent Act, 1886, as the case may be" by S. 13 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I Act, 1935.
5. Added by S. 339(c), Sch. III, List II, Sl. 19(c) of U.P. Act I of 1951 where this Act is enforced.
44. Presumption as to entries; and decisions binding on Revenue Courts.-All entries in the annual register made under sub-section (3) of Section 33 shall be presumed to be true until the contrary is proved; and subject to the provisions of sub-section (3) of Section 40, all decisions under Sections 40, 41 and 42 shall be binding on all Revenue Courts in respect of the subject-matter of the dispute; but no such entry or decision shall affect the right of any person to claim and establish in the Civil Court any interest in land which requires to be recorded in the registers prescribed by clauses (a) to (d) of Section 32.
Note.-Section 44 shall stand substituted as under in its application to areas where U.P. Act 1 of 1951 is enforced Vide Sch. III of this Act:-
44. Presumption as to entries in the annual register.-All entries in the annual register shall, until contrary is proved, be presumed to be true.
45. Appointment of lambardars.-(1) During the corrency of a settlement the office of lambardars in any mahal, or part of a mahal becomes vacant, or if any time the Collector decides that one or more additional lambardars should be appointed, he shall issue a proclamation calling on the co-sharers concerned to nominate a lambardar, and, subject to rules made under Section 234, such nominee shall be appointed.
(2) If no nomination is made within one month from the issue of the notice, or if the nominee is not qualified or refuses to act, the Collector may attach the mahal, or part thereof, and hold it under direct management until a qualified nominee is appointed.
The collections of the mahal, or part thereof, so attached shall be applied to the payment of the revenue, the cost of management, and any expenses which the mahal, or part thereof, is chargeable, and any surplus shall be divided amongst the recorded co-sharers in proportion to their respective shares at such times as the profits are ordinarily divisable.
Note.-Section 45 stands omitted in its application to areas where U.P. Act 1 of 1951 is enforced-Vide U.P. Act. 1 of 1951, Sch. III.
46. Obligation to furnish information necessary for the preparation of records.-Any person whose rights, interests or liabilities are required by any enactment for the time being an force or by any rule made under any such enactment, to be entered in any official register by a Kanungo or Lekhpal shall be bound to furnish, on the requisition of the Kanungo or lekhpal or of any revenue officer engaged in compiling the register, all information necessary for the correct compilation thereof.
47. Inspection of records.-All maps, field-books and registers kept under this Act shall be open to public inspection at such hours and on such conditions as to fees or otherwise as the [State Government]1 may prescribe.
1. Subs. by the A.O. 1950 for [Provl. Govt.] which had been Subs. by the A.O. 1937 for (L.G.).
Chapter IV - Revision of Maps and Records
Chapter IV
REVISION OF MAPS AND RECORDS
48. Notification of record operations.-If the [State Government]1 thinks that, in any district or other local area a general or partial revision of the records or a re-survey, or both, should be made, it shall publish a notification to that effect.
Effect to notification.-And every such local area shall be held to be under record or survey operations, or both, as the case may be, from the date of the notification until the issue of another notification declaring the operations to be closed therein.
1. Subs. by the A.O. 1950 for [Provl. Govt.] which had been Subs. by the A.O. 1937 for (L.G.).
49. Record Officers.-The [State Government]1 may appoint an officer, hereinafter called the Record Officer, to be in charge of the record operations or the survey, or both, as the case may be, in any local area and as many Assistant Record Officers, as to it may seem fit, and such officers shall exercise all the powers conferred on them by this Act so long as such local area is under record or survey operations, as the case may be.
1. Subs. by the A.O. 1950 for [Provl. Govt.] which had been Subs. by the A.O. 1937 for (L.G.).
1[50 Powers of Record Officer as to erection of boundary marks.-When any local area is under survey operations the Record Officer may issue a proclamation directing all Gaon Sabha and bhumidhars to erect, within fifteen days such boundary marks, as he may think necessary to define the limits of the villages and fields and in default of their compliance within the time specified in the proclamation, he may cause such boundary marks to be erected, and the Collector shall recover the cost of their erection from the Gaon Sabhas or bhumidhars concerned.]
1. Subs. by U.P. Act 8 of 1977 (w.e.f. 28-1-1977).
51. Decision of disputes.-In case of any dispute concerning any boundaries, the Record Officer shall decide such dispute in the manner prescribed in Section 41.
52. Records to be prepared in re-survey.-When any local area is under survey operations the Record Officer shall prepare for each village therein a map and field-book, which shall thereafter be maintained by the Collector as provided by Section 28, instead of the map and field-book previously existing.
53. Preparation of new record of rights.-When any local area is under record operations the Record officers shall frame, for such mahal therein, a record containing the registers enumerated in Section 32 or such of them as the [Provincial Government]1 may direct, and the record or portion thereof so framed shall thereafter be maintained by the Collector, instead of the record or portion of the record previously maintained under Section 33.
Note.-Section 53 stands substituted as under where U.P. Act 1 of 1951 is enforced Vide U.P. Act 1 of 1951, Sch. III:-
53. Preparation of new record-of-rights.-Where any local area is under record operation, the Record officer shall frame for each village therein the record specified in Section 32 and the record so framed shall thereafter the maintained by the Collector instead of the record previously maintained under Section 33.
1. Subs. for "LG" by AO.
1[54. (1) For revising the map and records under this Chapter, the Record Officer shall, subject to the provisions hereinafter contained, cause to be carried out survey, map correction, field to field Partal and test ad verification of current annual register in accordance with the procedure prescribed.
(2) After the test and verification of the current annual register in accordance with sub-section (1), the Naib-Tahsildar shall correct clerical mistakes and errors, if any in such register, and shall cause to be issued to the concerned tenure-holder and other persons interested, notices containing relevant extracts from the current annual register and such other records as may be prescribed, showing their rights and liabilities in relation to land and mistakes and disputes discovered during the operations mentioned in the said sub-section.
(3) Any person to whom notice under sub-section (2) has been issued may, within twenty-one days of the receipt of notice, file before the Naib-Tahsildar objection in respect thereof disputing the correctness of nature of the entries in such records of extracts.
(4) Any person interested in the land may also file objection before the Naib-Tahsildar at any time before the dispute is settled in accordance with sub-section (5), or before the Assistant Record Officer, at any time before the objections are decided in accordance with sub-section (6).
(5) The Naib-Tahsildar shall-
(a) where objections are filed in accordance with sub-section (3) or sub-section (4) after hearing the parties concerned; and
(b) in any other case after making such inquiry as he may deem necessary;
correct the mistake, and settle the dispute, by conciliation between the parties appearing before him, and pass order on the basis of such conciliation.
(6) The record of all cases which cannot be disposed of by the Naib-Tahsildar by conciliation as required by sub-section (5), shall be forwarded to the Assistant Records officer who shall dispose of the same, in accordance with the provisions of Section 40, 41 or 43, as the case may be, and where the dispute involves a question of title, he shall decide the same after a summary inquiry.
(7) Where after the summary inquiry under sub-section (6), the Assistant Record Officer is satisfied that the land in dispute belongs to the State Government or a local authority, he shall cause the person in unauthorised occupation of such land to be evicted and may, for that purpose use or cause to be used such force as may be necessary.
(8) Every order of the Assistant Record Officer-
(a) made under sub-section (6) shall, subject to the provisions of Section 210 and 219, be final;
(b) made under sub-section (7) shall subject to the result of any suit which the aggrieved person may file in any court of competent jurisdiction, be final].
1. Subs. by U.P. Act. No. 6 of 1978 (w.e.f. 21-1-1978).
55. Particulars to be stated in list of tenants.-The register of persons cultivating or otherwise occupying land prescribed by Clause (e) of Section 32 shall specify as to each tenant the following particulars:
(a) the nature and class of his tenure as determined by the [United Provinces Tenancy Act, 1939]1, (U.P. Act XVII of 1939).
(b) the rent payable by the tenant;
(c) [* * *]2
3[(d) any other condition of the tenure which the Provincial Government may, by rules made under Section 234; required to be recorded.]
The register shall also specify the proprietors or under proprietors (if any) holding land as sir, or cultivating land not being sir, otherwise than as tenants and shall state with respect to the latter class of land the number of completed years during which they have so cultivated.
Explanation.-For the purpose of this section the year for which the register is prepared shall be reckoned as a completed year.
Note.-Section 55 stands substituted as under for the areas where U.P. Act 1 of 1951 is enforced Vide U.P. Act 1 of 1951, Sch. III:-
"55. Particulars to be stated in the list of cultivators.-The register of persons cultivating or otherwise occupying land specified in Section 32 shall specify as to each tenure-holder the following particulars:-
(a) the class of tenure as determined by the Uttar Pradesh Zamindari and land Reforms Act, 1951,
(b) the revenue or rent payable by the tenure-holder, and
(c) and other conditions of tenure which the State Government may be rules made under Section 234 require to be recorded.
1. Subs. for "Agra Tenancy Act, 1925, of the Oudh Rent Act, 1886, as the case may be" by S. 13 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of Govt. of India Act, 1945.
2. Clause (c) reproduced below, as, amended by S. 2 and Sch. of U.P. Act XII of 1922 and S. 15 of U.P. Act II of 1932, and adapted by AO was omit. by S. 14 of U.P. Act XI of 1941:
"(c) in Agra Province if he be a tenant without right of occupancy the number of completed years during which he has held the land then in his possession and subject to rule made by the Provincial Govt. under S. 234".
3. Subs. by S. 14 of U.P. Act XI of 1941.
56. Cesses payable as rent to be recorded in Agra Province.-In [the Agra Province]1 all cesses which are payable by tenants on account occupation of land and which are of the nature of rent payable in addition to the rent of tenants or in lieu of which proprietary rights may be assigned under Section 78, Clause (b) shall be recorded by the Record Officer under the appellations by which they are known, and no cesses not so recorded shall be recoverable in any Civil or Revenue Court.
Note.-Section 56 stands omitted for the areas where U.P. Act 1 of 1951 is enforced Vide U.P. Act 1 of 1951, Sch. III.
1. Subs. for "the North-Western Provinces" by S. 15 of U.P. Act II of 1932.
57. Presumption as to entries.-All entries in the record-of-rights prepared in accordance with the provisions of this Chapter shall be presumed to be true until the contrary is proved; and all decisions under this Chapter in cases of dispute shall, subject to the provisions of sub-section (3) of Section 40, be binding on all Revenue Courts in respect of the subject-matter of such disputes; but no such entry or decision shall affect the right of any person to claim and establish in the Civil Court any interest in land which requires to be recorded in the registers prescribed by [* * *]1 Section 32.
1. The words "clauses (a) to (b) of" dele. by Sl. 27, of Sch. III of U.P. Act 1 of 1951 for the areas where this Act is enforced.
Chapter V - Settlement of the Revenue
Chapter V
SETTLEMENT OF THE REVENUE
Note.-Chapter V to VIII repealed in their application to such areas where U.P. Act No. 1 of 1951 is applicable).
58. Assessment of Revenue.-(1) All land, to whatever purpose applied and wherever situate, is liable to the payment of revenue to the Crown except such land as has been wholly exempted from such liability by special grant of, or contract with the Crown or by the provisions of any law for the time being in force.
(2) Revenue may be assessed on land, notwithstanding that revenue, by reason of its having been assigned, released, compounded for or redeemed, is not payable to Crown.
Saving of liability for revenue.-(3) No length of occupancy of any land, nor any grant of land made by the proprietor, shall release such land from the liability to pay revenue.
58-A. Forecast.-When the period for which the land revenue of a district or other local area has been settled is about to expire, the State Government shall cause a forecast of the probable results or re-settlement to be prepared.
58-B. Considerations which shall determine whether settlement shall be made.-[* * *].
59. Notification as to settlement. Settlement to be deemed in progress until closing notified.-Whenever the State Government decides that any district or other local area liable to be brought under settlement should be so brought, it shall publish a notification to that effect, and every such local area shall be held to be under settlement from the date of the notification until the issue of another notification declaring settlement operations to be closed therein.
60. Appointment and powers of Settlement Officer.-The State Government may appoint an officer, hereinafter called the Settlement Officer, to be in charge of the settlement of any district or other local area, and as many Assistant Settlement Officers as to it may seem fit; and such officers shall, while so employed, exercise the powers conferred upon them by this Act so long as such local area is under settlement.
61. Transfers of duties of Collector to Settlement Officer.-When a local area is under settlement the duty of maintaining the maps and field-books, and preparing the annual registers, may be transferred under the orders of the State Government from the Collector to the Settlement Officer, who shall thereupon exercise all the powers conferred on the Collector by Chapter III.
62. Rules.-The State Government may, after previous publication in the Official Gazette, make rules for the procedure of Settlement Officers in settlement operations.
63. Inspections and rent-rate proposals.-(1) When any local area has been brought under settlement, the Settlement Officer or an Assistant Settlement Officer shall inspect every village in the local area, shall ascertain the extent to which caste is taken into account in the termining the rent payable by tenants and the extent to which any class of persons hold at favourable rates of rent, shall in accordance with rules made under [* * *] Section 62 divide the local area into soil classes and assessment circle [shall in accordance with the provisions of Sections 110 and 111 of the United Provinces Tenancy Act, 1939, select rent rates;] and shall publish such rent-rates and shall then submit them to the board of Revenue, who shall consider any objections which may be made and shall thereafter sanction the rent-rates without modification or with such modification as they may think fit.
(2) [* * *]
(3) The Settlement Officer shall also, before assessing the revenue on any mahal, consider whether, in view of the physical or fiscal characteristics and the existing level of the rents, the rent-rates selected in accordance with sub-section (1) of this section are applicable without modification, or whether they should be modified in whole, or in part for application to it.
63-A. Assessable area.-The area which shall ordinarily be assessed to revenue shall be the normal cultivated area, that is to say, the area which has been cultivated in those of the thirteen years including preceding the year of record in which remissions of revenue have not been granted. Land which ion the year of record has been continuously out of the cultivation for three years, and is then still out of cultivation, shall not be assessed to revenue unless-
(a) it is pasturage for which the landlord received rent, based on area,
(b) it is land producing sayer income of a kind liable to the payment of revenue,
(c) it is grove-land held by a grove-holder or included in the holding of a tenant.
63-B. Exception of land reclaimed from waste.-When land has been reclaimed from waste with the aid of a loan granted under the land Improvement Loans Act, 1883 (Act XIX of 1883), or by or at the cost of the proprietor, and has brought under cultivation the increase in rental resulting shall not be taken into account in assessing revenue during a period of fifteen years from the date of the commencement of the cultivation:
Provided that nothing in this section shall apply to grants of land held on special terms from the Crown which shall be assessed in accordance with the terms of the grant or to ordinary extensions of cultivation in the waste land of villages.
63-C. Non-assessment of revenue on certain lands.-The Settlement Officer shall not assess revenue on the income from-
(a) land occupied by buildings other than buildings which are improvements; or
(b) cesses other than payments in kind which form part of the rent payable for a holding.
63-D. Assets.-Subject to the provisions of Sections 63-I and 63-J, the assets of a mahal shall consist of-
(a) except in case provided for in clauses (b) and (c), the rental of tenants, other than sub-tenants and tenants, of sir after taking into account such abatement or enhancement of rent as the Settlement Officer is empowered to make under the provisions of Section 87, less such amount as, in the opinion of the Settlement Officer, cannot regularly be collected over a series of years;
(b) the valuation at the appropriate rent-rates of the holdings of tenants whose rent has not been determined or whose rent is payable by division of the crop, or is based on an estimate or appraisement of the standing crop, or on rates varying with crop sown, or partly in one and partly in another or other of such ways;
(c) the valuation at the appropriate rent-rates holdings the recorded rent of which is less than such valuation because-
(i) the rent is not correctly recorded, or
(ii) premia were taken from the tenants for admission to their holdings, or
(iii) the rent was reduced in anticipation of settlement,
(d) in the case of groves held by grove-holders, the valuation at the rates applicable to occupancy tenants;
(e) in the case of land rent-free grantees, or by grantees at a favourable rate of rent, the valuation at the rates applicable to occupancy tenants;
(f) the valuation at the rates applicable to hereditary tenants of land excluded from a holding in anticipation of settlement;
(g) the valuation at the rates applicable to occupancy tenants of lands held as khudkasht and sir, other than grove land planted with timber trees;
(h) such sayar as, in the opinion of the Settlement Officer can be realized on the average over a series of years:
Provided that the Settlement Officer shall not take into account petty casual receipts or petty dues customarily paid by the tenant.
63-E. Consideration of collections.-The Settlement Officer shall in making any deduction from the recorded rental under clause (a) of Section 63-D, take into consideration the actual collections of the period of thirteen years preceding and ending with year of record.
63-F. Assets to be assessed.-[* * *]
63-G. Notice in cases covered by Sections 63-D(a) or (d).-Where the Settlement Officer proposes to make an allowance for enhancement or rent under clause (a) of Section 63-D, or to value land under clause (c) or clause (f) of the section he shall give notice in writing to each lambardar showing in the first case the rent recorded for each class of tenants, the valuation at the appropriate rent-rates and the valuations proposed to be accepted for the purpose of assessment to revenue, and in the second case the area and valuation of the land valued. A copy of the notice shall also be published locally by affixation at the village chaupal or other conspicuous place in the village. The lambardars will also be informed by the notice that if they have any objection to put forward to the proposed addition or valuations the must submit them within a period to be prescribed by rules made under Section 62, and that they may apply for enhancement of rent within the same period. The Settlement Officer shall consider all objections, so received, and after modifying his estimates, if necessary, shall submit them with a report for the consideration of higher authority. The board of Revenue shall not pass final order on the assessment of a mahal in which a notice under this section has been issued before the decision of-
(a) all the objections, which have been filed in response to such notice and within the period specified in it, and
(b) all the applications which have been made in response to such notice issued under this rule or to any similar notice or notification previously issued within the period specified in them, and which relate to rental which has been the subject of a notice under this rule.
Explanation.-For the purposes of this section the word "lambardar" includes a single proprietor of a whole mahal.
63-H. Siwai income.-[* * *]
63-I. Deduction for proprietory cultivation.-The Settlement Officer shall deduct from the assets of the mahal an allowance for proprietary cultivation which shall not be less than fifteen per cent nor more than thirty per cent of the valuation of the land so cultivated:
Provided that in a mahal in which the number of proprietors is large and their circumstances are poor, the deduction shall not be less than twenty-five per cent.
63-J. Deduction for improvement.-(1) Where an improvement has been made since the last settlement by or at the cost of a proprietor or under-proprietor, whereby the assets of the mahal have been materially increased, or whereby there has been an increase i their stability, or whereby protection against drought or floods has been effected, the Settlement Officer shall make an allowance for such improvement by deducting from the assets an amount which shall not exceed ten per cent of the estimated cost of the improvement.
(2) Where such improvement has been made since the last settlement by or at cost of a tenant, the Settlement Officer shall, in calculating the assets of the holding which has benefited by such improvement, have regard to the provisions of Section 120, United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939).
63-K. Percentage of assets to be taken as revenue.-Subject to the provision of Section 63-L regarding enhancements, the revenue assessed on a mahal shall ordinarily be forty per cent of the net assets, as nearly as may be:
Provided, first, that the revenue assessed may exceed forty per cent of the net assets in order that a round sum may be fixed or in order that a reduction of the existing revenue may be avoided, where the circumstances of the mahal do not justify it but shall not in any case exceed forty-five per cent of the net assets:
Provided, secondly, that the revenue assessed shall not ordinarily exceed thirty-eight per cent of the net assets in mahals in which the number of proprietors is large and their circumstances are poor, if an assessment at this level will not involve a reduction of the existing demand:
provided, thirdly, that the revenue assessed may be less than thirty-five per cent of the net assets in cases where the number and circumstances of the proprietors or the existence of heavy charges on account of Malikana justify a reduction below thirty-five per cent of the net assets, but shall not in any such case be less than twenty-five per cent of the net assets.
63-L. Limitation of enhancement.-(1) Notwithstanding anything in Section 63-K the revenue revenue of a mahal shall not be enhanced by more than one-third of the expiring demand; except than in any mahal in which the expiring demand when increased by one-third amounts to less than thirty per cent of the net assets the revenue shall ordinarily be thirty per cent of the net assets and shall in no case be less than one-fifth of the net assets.
(2) In any mahal of which the assets have been increased since the previous settlement by works of direct agricultural improvement constructed by or at the expense of the State or by an increasement of not less than ten per cent in the assessed area, the Settlement Officer shall calculate separately the amount of the assets which is in his opinion due to the improvement or to the increase in excess of ten per cent in the [assessed] area and shall assess revenue separately thereon and to such assessment the provisions of sub-section (1) shall not apply.
(3) If the revenue payable in respect of any mahal has been reduced since the last settlement on account of a temporary determination which has since disappeared, the revenue payable before the reduction was made shall for purpose of assessment be deemed to be the expiring demand.
63-M. Application for reduction of revenue.-If during the currency of settlement in any mahal in which the assets due to an increase in the cultivated area of more than ten per cent have been calculated separately under the provisions of Section 63-L(2), there is a decrease in the cultivated area of more than ten per cent the proprietor may apply for reduction of revenue equal to the additional revenue assessed on account of the extension in the cultivated area.
63-N. Progressive enhancement.-(1) If the revenue assessed on the mahal exceeds the expiring demand the more than 15 per cent but not by more than 30 per cent the revenue immediately payable, shall be the expiring demand with the addition of 15 per cent thereon, plus 25 per cent of the assets, if any, separately calculated under the provisions of sub-section (2) of Section 63-L, and the full demand shall become payable on the expiry of the fifth year after assessment.
(2) If the revenue assessed on the mahal exceeds the expiring demand by more than 30 per cent the revenue immediately payable shall be calculated as in sub-section (1) of this section, the revenue payable on the expiry of the fifth year after assessment shall be the expiring demand with the addition of 30 per cent thereon, plus one-third of the assets, if any, separately calculated under the provisions of sub-section (2) of Section 63-L, and the full demand shall become payable on the expiry of the tenth year after assessment.
(3) For the purposes of this section the expiring demand shall be deemed to include the average annual amount of owners, rate paid in the mahal, and shall be the demand payable immediately, before assessment, subject to the deduction of any remission for the fall in prices than in force, but excluding any temporary remission ordered on account of an agricultural calamity.
(4) For the purposes of this section the revenue assessed on a mahal shall be deemed to be the revenue assessed thereon after the deduction of the net enhancement which the landlord could secure as a result of proceedings for modification of rents which have been or could be instituted on or before the date on which the new revenue will come into force.
(5) Notwithstanding anything in sub-sections (1) and (2) the revenue payable at any stage shall in no case be fixed at less than one-fifth of the net assets.
63-O. Assessment proposal.-When the Settlement Officer has completed the assessment of such area as he may think convenient he shall publish his proposals in such manner as may be prescribed by rules, made under Section 62 and shall consider any objections which may be made and shall then submit his proposals together with the objections, if any, and such orders as he may have passed thereon to the Board of Revenue who shall, subject to the sanction of the State Government approve or modify them.
64. Declaration of assessment.-After the receipts of, and subject to, the orders of the Board on such proposals, the Settlement Officer shall declare the assessment of each mahal to the person with whom the settlement thereof is to be made.
If any mahal comprises two or more villages or portions of villages, the Settlement Officer shall declare the assessment of each such village or portion of village, and also the aggregate amount of the assessment of the whole mahal.
Such declaration shall be made at a time and place to be notified by the Settlement Officer.
65. With whom settlement to be made.-(1) Subject to the provisions of Section 75, the settlement shall be made-
(a) in the case of a taluqdari mahal, with the taluqdar;
(b) in the case of other mahals, with the proprietor of the mahal, or, when there are two or more proprietors, with the lambardars, unless for special reasons the Settlement Officer decide to make the settlement with all the proprietors.
(2) If any taluqdar or other proprietor with whom settlement would otherwise have been made-
(a) has transferred possession of his mahal or share to a mortgagee, the settlement may be made with such mortgagee;
(b) in a lunatic, minor, or other person incapable of making a contract, the settlement shall be made on his behalf with his legal representative.
66. Effect of agreement to assessment declared.-If the persons entitled to settlement agree to the assessment so declared, they and those whom they represent shall be liable to pay such assessment-
(a) if the term of the former settlement has not expired, from the date on which it expires;
(b) if such term has expired, from the date of such agreement or from such subsequent date as the Board direct;
Distribution of assessment.-and in mahals in which the land or part of the land is held in severalty, the Settlement Officer shall distribute such assessment on the land so held.
67. Enforcement of custom as to re-distribution of land and adjustment of revenue shares.-In any mahal whereby, the established custom, the land or the amount of revenue payable by each sharer is subject to periodical re-distribution or re-adjustment, the Settlement Officer may, on application of the co-sharers, enforce such re-distribution or re-adjustment according to such established custom.
67-A. Distribution of revenue.-The Settlement Officer shall distribute the revenue assessed on each mahal over the several properties recorded separately in the register provided for by Section 33(1) unless the proprietors themselves unanimously make such distribution within such time as the Settlement Officer may consider reasonable. If they are not unanimous it shall ordinarily be made in such a way that revenue assessed on each share shall bear to the revenue assessed on the mahal the same proportion that the net assets of the share bear to the net assets of the mahal.
68. Exclusion of person refusing or falling to accept settlement.-If the person to be settled with refuses to accept the assessment declared by the Settlement Officer, or fails to accept such assessment within thirty days from the date of declaration by the Settlement Officer under Section 64, the Settlement Officer shall report the case through the Commissioner to the Board;
and the Board may direct that the person so refusing or failing be excluded from the settlement for such term, not exceeding fifteen years from the date of such direction, as the Board think fit;
and the Collector may with the previous sanction of the Board, either from the mahal or hold it under direct management during such term, or any part thereof, and shall pay to the person so excluded any annual allowance to which he may be entitled under Section 74:
Provided that, if the mahal is a taluqdari mahal, the taluqdar shall not be excluded from the settlement of his entire mahal [* * *] or [* * *] of a portion thereof without the sanction of the State Government.
69. Offer of farm to under-proprietor.-If a taluqdar is excluded from the settlement of any portion of his taluqdar under Section 68, and if such portion is held in sub-settlement by an under-proprietor, the farm of such portion shall be offered to such under-proprietor on such terms as the Board may in each case direct.
70. Allowance to excluded taluqdar.-If such under-proprietor accepts the assessment so offered the taluqdar so excluded shall be entitled to an allowance out of the portion to be fixed by the Board, not exceeding the share of the gross assets (if any), to which he would have been entitled had he accepted the assessment.
In other cases the taluqdar so excluded shall (subject to the orders of the Board) be entitled to an allowance out of the profits of such portion of not less than five or more than fifteen per cent on the amount proposed to be assessed thereon.
71. Offer of settlement to excluded proprietor.-Where the term fixed under Section 68 expires, the Collector shall offer settlement of the mahal to the person then entitled to settlement at such assessment as the Board may direct for the remainder of the term of settlement of the local area i which the mahal is situated. If such person refuses to accept the offer, he may, with the sanction of the Board and subject to the provisions of Section 68 as far as they are applicable, be excluded from settlement for such period not exceeding the remainder of the settlement of the local area as the Board may direct.
72. Procedure in case of some of several proprietors refusing assessment.-If in a mahal in which the land or a part of the land is held in severalty, the Settlement Officer has decided to make the settlement with all the proprietors under Section 65, any co-sharer refuses or fails, within thirty days from the date of the declaration by the Settlement Officer under Section 64, to accept the assessment so declared the Settlement Officer may transfer the share of the person so refusing or failing, for a term not exceeding fifteen years, to all or any of the remaining co-sharers in the mahal who may be willing t accept the transfer. The co-sharers accepting the transfer shall pay to the proprietor any annual allowance to which he is entitled under Section 74.
If no co-sharer accepts such transfer, the entire mahal shall be dealt with under Section 68, as if all the co-sharers had refused or failed to accept the assessment.
73. Offer of share to co-sharer whose share has been transferred.-When the term fixed under Section 72 expires, if the co-sharer whose has been transferred then accepts the assessment declared by the Settlement Officer, the Collector shall put such co-sharer in possession of his share.
If such co-sharer does not so accept, the transfer shall be maintained for the remainder of the term of the settlement of the mahal.
74. Allowance to excluded proprietor or to co-sharer whose share has been transferred.-Any proprietor who has been excluded from settlement under Section 68, or whose share has been transferred under Section 72, shall be entitled during the term of such exclusion of transfer:
(a) if he has no land which he would be entitled to hold upon a transfer of his proprietary rights, as an ex-proprietary tenant [* * *] to receive an annual allowance of not less than five and not more than fifteen per cent on the revenue assessed upon the mahal or share; or
(b) if he has such land, to hold it a rent to be fixed by the Settlement Officer in accordance with the provisions of United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939, and if one-third of the rent so fixed is less than fifteen per cent on the revenue of the mahal or share, to receive such annual allowance as, when added to the one-third aforesaid, shall be not less than five and nor more than fifteen per cent on such revenue.
75. Power in Agra Province to direct to which of several parties having separate and different interests shall be admitted to settlement and to prescribe distribution of profits.-In any mahal in the Agra Province whenever several persons possess separate heritable and transferable proprietary interest being of different kinds the Settlement Officer shall under the rules for the time being in force determine-
(a) which of such person shall be admitted to engage for the payment of the revenue, due provision being made for securing the rights of the others; and
(b) the manner and proportion in which the net profits of the mahal shall be allotted to the several persons possessing separate interests as aforesaid for the term of the settlement.
76. Power to make sub-settlement with inferior proprietor on behalf of superior proprietor of mahal coming under Section 75.-(1) If in any mahal coming under the provisions of Section 75 the separate properties bear to each other the relation of superior and inferior, and the settlement be made with the party possessing the superior right, the Settlement Officer may make on behalf of the superior proprietor, a sub-settlement with the inferior proprietor by which such inferior shall be bound to pay to the superior an amount equal to the Government demand in respect of the mahal, together with the share of the profits thereof allotted to the superior proprietor under Section 75.
(2) Exclusion of inferior proprietor.-If the inferior proprietor refuses to agree to the sub-settlement the mahal shall be made over to the superior proprietor shall hold as an exproprietary tenant the land (if any), cultivated by him at the date of such refusal at a rent to be fixed by the Settlement Officer in accordance with the provisions of the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939).
(3) If one-third of the rent so fixed is less than fifteen per cent of the profits allotted to the inferior proprietor under Section 75, the superior proprietor shall pay the inferior proprietor an annual allowance, which when added to the one-third aforesaid, shall be not less than five and not more than fifteen per cent of such profits.
(4) If the inferior proprietor cultivated no land at the date of such refusal, the superior proprietor shall pay him an annual allowance of not less than five or more than fifteen per cent of the profits allotted to him as the Board may direct.\
77. Assessment on inferior proprietor when settlement made with him.-If the settlement of such a mahal is made with the inferior proprietor, the amount to be paid by him shall be fixed by the Settlement Officer at such a sum as may be equal to the assessment of such mahal, together with the share of the profits allowed to the superior proprietor shall be realized as revenue, and paid to him by the Collector.
78. Power of Agra Province in make arrangements for the benefit of persons possessing rights which do not entitle them to settlement.-If in any mahal in the Agra Province there exist persons possessing proprietary rights therein which is not of such a nature as to entitle their possessors to settlement, the Settlement Officer may make such arrangements as shall secure such persons in possession of their existing rights, or of an equivalent thereto.
This may be done-
(a) by the formation of a sub-settlement on behalf of the proprietors with such persons for any lands actually in their possession; or
(b) in mahals held as joint undivided property and when the said rights are rights to receive from the tenants any money payment or portion of the agricultural produce, by assigning, in lieu thereof the proprietary right in a certain portion of the mahal, the profits of which are equivalent, in the opinion of the Settlement Officer, to the said payment or portion; or
(c) in such other way as shall maintain the persons referred to in the first clause of this section in the enjoyment of or of an equivalent to, their existing rights.
79. Determination in Oudh of amount payable to proprietor.-In Oudh, after declaring the assessment of a mahal, the Settlement Officer shall, in accordance with the provisions of the Oudh Sub-Settlement Act, 1866 (Act XXVII of 1866), so far as they are applicable, and subject to rules made under Section 234, determine the rent to be paid by all under-proprietors in a mahal, whether holding a sub-settlement or not, and by all holders of heritable, non-transferable leases holding under a judicial decision.
When the rent is to determine the co-sharers may agree that the rent shall be paid by one of them as their representative, and the Settlement Officer shall record such agreement, but no such agreement shall affect the joint and several responsibility of all co-sharers for the rent.
Nothing in this section shall apply to rent payable by an occupancy tenant.
80. Procedure in Agra province as to waste land not included in any mahal at previous settlements.-Waste land in the Agra Province which has neither been judicially declared to be part of any mahal, nor included within the boundaries of any mahal at any previous settlement, shall be marked off by the Settlement Officer; and he shall record a proceeding declaring such land to be the property of the Crown and issue a proclamation to that effect calling on all persons having any claims on such land to make the same within three months from the date of the proclamation.
81. Proclamation to be held advertisement under Act XXIII of 1863.-Such proclamation shall be held to be an advertisement of the disposal of such land within the meaning of Act XXIII of 1863 (an Act to provide for the adjudication of claims to waste lands), Section 1, and any person having claims to such land must proceed according to the provisions of that Act; and for the adjudication of such claims the Settlement Officer shall have the powers of a Collector under that Act.
82. Procedure as to wasteland unclaimed or adjudged to belong to the Crown.-If no claim is made to the proprietary right of such waste land, or if such waste land is decided to be the property of the Crown but the proprietor of the adjoining mahal proves that he has therefore enjoyed the use of such land for pastoral or agricultural purposes, the Settlement Officer may assign to such mahal so much of such waste land as he may consider requisite for such purposes; and he shall mark off the remainder and declare it to be the property of the Crown.
83. Settlement of waste-land adjudged to belong to claimant.-If the claimant obtains a decree under the provisions of the said Act XXIII of 1863, for the whole or part of such waste land, the Settlement Officer shall make the settlement of the land to which a title is so established under the provisions of this Chapter.
84. Arrangements agreed to by co-sharers to be recorded.-(1) In mahals in which there are more than one proprietor, the Settlement Officer shall record the agreement agreed to by the persons concerned-
(a) for the distribution of the profits derived from sources common to the proprietary body;
(b) as to the nature apportionment of the village expenses;
(c) when a mahal, patti, or other sub-division of a mahal is held in joint ownership as to the manner in which the co-sharers shall contribute to the payment of the revenue fixed on such mahal or distributed on such patti or sub-division by the Settlement Officer;
(d) as to the manner in which lambardars or co-sharers are to collect from the cultivators.
(2) Decision of disputes.-If no arrangement is agreed to, the Settlement Officer shall decide all disputes concerning any of the matters aforesaid in accordance with the existing village custom and frame the record accordingly.
(3) Record of custom.-The Settlement Officer shall also ascertain and record the existing village custom in regard to any other matter which he may be directed to record by rules made under Section 234.
(4) Presumption as to entries.-All entries in the record made under this section shall be presumed to be true until the contrary is proved.
85. Arrangements to be determined and recorded.-The Settlement Officer shall subject to rules made under Section 234, determine and record-
(a) the amount of instalments of rent and the respective dates for their payment;
(b) the dates for the payment of any amount payable by inferior to superior proprietors under Section 75;
(c) the dates on which profits shall be divisible by lambardars; and
(d) any other matter which he may be directed by such rules to determine and record.
86. Cesses to be recorded.-(1) A list of all cesses other than those referred to in Section 56 levied in accordance with village custom shall, if generally or specially sanctioned by the State Government be recorded by the Settlement Officer, and no cesses not so recorded shall be recoverable in any Civil or Revenue Court; and no such list shall be altered or added to during the currency of settlement.
(2) Conditions on collection of cesses.-The State Government may from time to time impose on the collection of any cesses so sanctioned such conditions as to conservancy, police or other establishments connected with the village, bazar, or fair in or on account of which the cesses are levied as it thinks fit.
(3) The State Government may, in case of doubt, declare what shall be a cess within the meaning of this section.
(4) This section shall not apply to Oudh, unless and until a list of cesses as aforesaid has been recorded by the Settlement Officer at a revision of settlement in the manner prescribed in this section.
87. Determination of rent of exproprietary and occupancy tenants.-(1) The Settlement Officer may of his own motion, and shall, on the application of the land-holder or of an exproprietary, an occupancy, or a hereditary tenant, made within a period to be prescribed by rules made under Section 62, determine and fix the rent of such tenant, whether by way of abatement or enhancement, or otherwise than by commutation.
(2) The Settlement Officer may, of his own motion, or on the application of the land-holder, or of any such tenant commute to a fixed cash rent a rent hitherto payable in kind, or based on an estimate or appraisement of the standing crop, or on rates varying with the crops sown, or partly in one of such ways and partly in another or other of such ways.
(3) In determining, abating, enhancing or commuting rents under this section, the Settlement Officer shall have regard-
(a) to the appropriate rent-rates sanctioned by the Board;
(b) to the condition that the rent of a tenant shall not be enhanced by more than one-third of the recorded rent, provided that the rent fixed after enhancement shall not ordinarily be less than three-fourths of the valuation at the appropriate sanctioned rates; and
(c) to the difference between the rent actually paid and the valuation of he holding at the appropriate rent rates.
(4) Notwithstanding anything to the contrary in the United Provinces Tenancy Act, 1939, no suit for the enhancement or abatement of any rent in respect of which a land-holder or a tenant, as the case may be, became entitled under this section to make an application for enhancement or abatement to the Settlement Officer after the first day of July, 1941, whether such application was made or not, shall be entertained by a Collector or Assistant Collector until-
(a) a period of ten years has elapsed from the last date prescribed for making such application, or
(b) the period the settlement of the local area in which the mahal is situated has come to an end;
whichever of these two periods first expires.
88. Power to commute rent in kind, etc. to fixed money rents.-[* * *]
89. Procedure on receiving application to commute.-[* * *]
90. Joinder of tenants in applications relating to rent.-(1) An application for enhancement or abatement or commutation of rent may be brought before a Settlement Officer against or by any number of tenants collectively, provided that all such tenants are tenants to the same land-holders and all the holdings in respect of which the application is made are situated in the same mahal.
(2) No order shall be passed in any such suit affecting the interests of any persons unless the Settlement Officer is satisfied that he has had an opportunity of appearing and being heard.
(3) The order shall specify the extent to which each of the tenants is affected thereby.
91. Rent from what date payable.-Any rent fixed by order of the Settlement Officer under this Act shall in the case of an ex-proprietary tenant be payable form the date such ex-proprietary tenancy arose, subject to the law of limitation as to arrears of rent, and in other cases from the first day of July next following the date of such order, unless for some reasons to be recorded the Settlement Officer thinks fit to direct that it shall be payable from some earlier date.
92. Inquiry in certain cases of land held revenue-free.-The Settlement Officer shall inquire into the case of all lands released, conditionally or for a term, from the payment of revenue, and shall assess such lands if it appears to him that the conditions have been transgressed or the term has expired.
93. Title to hold revenue-free to be proved.-(1) Any person claiming land free of revenue not recorded as revenue-free shall be bound to prove his title to hold such land-free of revenue.
Report of Government when title proved.-(2) If he proves his title to the satisfaction of the Settlement Officer, the case shall be reported to the State Government whose orders thereon shall be final.
Assessment and settlement on failure of proof.-(3) If the title is not so proved, the Settlement Officer shall proceed to assess the land, and to make the settlement of it with the person in actual possession as proprietor.
94. Term of settlement.-(a) The term of every settlement made under this Chapter after the commencement of the United Provinces Land Revenue (Amendment) Act, 1929 (U.P. Act 1 of 1929), shall be forty years: [* * *]
Provided also that for special reasons to be recorded, such a serious deterioration, considerable concealment of assets or the deliberate and extensive throwing of land out of cultivation, the State Government may sanction shorter term for individual mahals:
Provided also that for precarious tracts and alluvial areas the State Government may sanction shorter terms and provide by rule for intermediate revisions to be carried out according to methods to be prescribed by rules framed under Section 234 in the case of such tracts and areas.
(b) No settlement under this Chapter shall be final until it has been confirmed by the State Government.
95. Tenure of land under expired settlement until new settlement is made.-All persons with whom a settlement of land has been made shall, if they continue to hold the land after the term of such settlement has expired, hold upon the conditions of such settlement until a new settlement is made.
95-A. Opportunities for discussion by the Legislature.-The State Government shall give the Legislative Council and the Legislative Assembly an opportunity of discussing [* * *] the final settlement report and shall consider any resolution which the Council or the Assembly may carry before passing orders on it.
Chapter VI - Revision of Assessment and Other Proceedings During Currency of Settlement
Chapter VI1
REVISION OF ASSESSMENT AND OTHER PROCEEDINGS DURING CURRENCY OF SETTLEMENT
96. Short term settlements.-When the term of settlement fixed for any mahal or class of mahals is less than that fixed for the local in which they are situated and such term expires, the Collector shall assess and settle such mahals in accordance with rules made under Section 234.
1. Chapter V to VIII stand repealed in their application to such areas where U.P. Act No. 1 of 1951 is applicable.
97. Powers to invest any officer with power of a Settlement Officer.-At any time during the currency of a settlement the State Government may invest any officer with the powers of a Settlement Officer under Chapter V within such limits, with such restrictions, and for such period as it thinks fit, but not so as to enable him to enhance the revenuer of a mahal.
98. Annual inquiry as to revenue-free grants.-The Collector shall inquire annually into the cases of all lands released conditionally or for a term from the payment of revenue.
If the condition is broken, he shall report the case to the Commissioner for orders;
and if the term has expired, or (where the grant is for the life of the grantee) if the grantee has died, he shall assess the land and report his proceedings to the Commissioner for sanction.
99. Settlement of land added by alluvion, and revision of assessment when culturable area reduced by fluvial action.-(1) Land added by alluvion to a mahal may be assessed and settled by the Collector in accordance with rules made under Section 234.
(2) When the culturable area of any mahal has been diminished by fluvial action, the Collector may, in the case of a mahal under permanent settlement grant suspension of revenue, and in the case of mahal not under permanent settlement revise the assessment.
100. Determination in Oudh of rent payable by under-proprietor of lessee.-When such assessment or revision of assessment is made in a holding in Oudh to which the provisions of Section 79 apply, the Collector shall determine the rent payable by the under-proprietor or lessee in accordance with the provisions of Section 79.
101. Reduction, suspension or remission of amount payable by an inferior proprietor or under-proprietor or lessee.-When the revenue assessed on land held in the Agra Province by an inferior proprietor, or in Oudh by a person to whom in provisions of Section 79 apply has been reduced or in part suspended or remitted, the Collector may, subject to rules made under Section 234, make a proportionate reduction, suspension or remission in the amount payable by such inferior proprietor or such person for such land.
102. Collector to have powers of a Settlement Officer.-(1) For the purpose of making settlement or revising assessments under Sections 96, 98 and 99 the Collector shall have the powers of Settlement Officer.
(2) No settlement, revision of assessment or suspension of revenue made under the foregoing sections of this Chapter shall be final until it has been sanctioned by the Commissioner.
103. Power to determine revenue of specific areas transferred during settlement.-If during the currency of a settlement the proprietary possession of any specific area other than a definite share in a mahal is transferred, the Collector may determine the proportion of the revenue payable thereon.
104. Commutation or rent and joinder of tenant in applications relating to rent during the currency of settlement.-[* * *].
105. Applications and proceedings pending before Record or Settlement Officer when operations are closed.-When the record or settlement operations are closed by notification under Section 48 or Section 59, all applications and proceedings then pending before the Record of Settlement Officer shall be transferred to the Collector, who shall have the powers of a Record or Settlement Officer for the disposal thereof.
Chapter VII - Partition and Union of Mahals
Chapter VII
PARTITION AND UNION OF MAHALS
106. Meaning of "Partition".-"Partition" means the division of a Mahal or a part of a mahal into two or more portions, each consisting of one or more shares.
In "imperfect partition" the several portions remain jointly responsible for the revenue assessed on the whole mahal.
In "perfect partition" the whole mahal is divided and the several portions become separate mahals, each severally responsible for the revenue distributed thereon.
The procedure prescribed in this chapter shall be followed in all partitions, whether imperfect, or perfect except where it is otherwise expressly declared.
107. Application for partition.-An application for partition shall be accompanied by a certified copy of the annual register of proprietors prescribed by Section 33 and may be presented by one or jointly by two or more of the recorded co-sharers of a mahal:
Provided that when a share is in possession of a mortgagee, no application for partition by either mortgagor or mortgagee shall be entertained unless both have joined in such applications.
108. Partition of mahal in several districts.-When a mahal is situated in two or more districts, the partition shall be made in such one of the districts as, if they are in the same divisions, the Commissioner, or, if in different divisions, the Board may direct.
109. Power to stop a partition.-(1) If on receipt of the application, or at any other stage of a partition before confirmation, there appears to be any sufficient reason for refusing or stopping the partition, the Collector may, of his own motion or on the report of the Assistant Collector making the partition, stay the partition, and order the proceedings to be quashed.
(2) No mahal shall be formed by perfect partition unless the area thereof is at least one hundred acres or unless, if the area is less than one hundred acres, the revenue thereof is at least one hundred rupees; and if the application for perfect partition involves the formation of a mahal infringing these conditions it shall be disallowed.
110. Proclamation of application for partition.-(1) The Collector, on receiving an application for partition, shall, if it is in order and not open to objection on the face of it, issue a proclamation calling on such of the recorded co-sharers in the mahal as have not joined in the application to appear before him either in person or by a duly authorized agent on a day not less than thirty or more than sixty days from the date of the issue thereof, and to state their objections (if any), to the partition. A copy of the proclamation shall, if possible, be served on each co-sharer personally.
(2) Any recorded co-sharer not joining in the original application may, at any time before the date fixed by the proclamation issued under this section, apply for partition, in which case such co-sharer shall be deemed to have joined in the original application:
Provided that any such application shall be disallowed if it would involve the formation of a mahal prohibited by sub-section (2) of Section 109.
111. Objection raising question of title.-(1) If, on or before the day so fixed, any objection is made by a recorded co-sharer, involving a question of proprietary title which has not been already determined by a court of competent jurisdiction the Collector may either-
(a) decline to grant the application until the question in dispute has been determined by a competent court, or
(b) require any party to the case to institute within three months a suit in the Civil Court for the determination of such question, or
(c) proceed to enquire into the merits of the objection.
(2) When the proceedings have been postponed under clause (b), if such party fails to comply with the requisition, the Collector shall decide the question against him. If he institutes the suit the Collector shall deal with the case in accordance with the decision of the Civil Court.
(3) If the Collector decides to enquire into the merits of the objection, he shall follow the procedure laid down in the Code of Civil Procedure, for trial of original suits.
112. Collectors' decrees equivalent to decrees of Civil Court.-All decrees passed under sub-section (3) of the preceding section shall be held to be decrees of a Court of Civil Judicature of the first instance, and shall be open to appeal to the District Judge of High Court [* * *] as the case may be under the rules applicable to appeals to those courts [* * *].
112-A. Stay of partition pending decision of appeal.-The Appellate Court may issue a precept to the Collector, directing him to stay the partition pending the decision of the appeal, whether the appeal is pending from a Civil Court under Section 111(1)(b) or from the court of the Collector under Section 111(3).
113. Partition by whom to be made.-When it has been decided to make a partition the Collector may allow the parties to make the partition themselves or appoint arbitrators for the purpose, or he may make the partition himself, or cause it to be made by an Assistant Collector.
If the partition is made by arbitrators, they shall not be bound by the provisions of Section 117 but they shall deliver an award specifying the portion into which the mahal has been divided, or he may make the partition himself, or cause it to be made by an Assistant Collector.
If the partition is made by arbitrators, they shall not be bound by the provisions of Section 117 but they shall deliver an award specifying the portion in to which the mahal has been divided, and the names of the parties to whom such portions have been allotted.
114. The partition proceedings.-If the Collector makes the partition himself, or causes it to be made by an Assistant the Collector, the Collector or Assistant Collector shall record a proceeding declaring the nature and extent of the interests of the persons applying for the partition and of any other person who may be affected thereby, detailing how the partition is to be made, and deciding all disputed questions that may have arisen in connection therewith.
If such proceeding is recorded by Assistant Collector, it shall be submitted to the Collector for confirmation.
115. Power to hold mahal under direct management, pending completion of partition.-When it has been decided to make a partition the Collector may, with the sanction of the Commissioner, hold the mahal under direct management pending the completion of the partition.
The collections of the mahal shall be applied to the payment of the revenue, the expenses of management, the costs of partition, and any other expenses with which the mahal is chargeable and any surplus shall be divided amongst the recorded co-sharers in proportion to their respective shares at such time as the profits are ordinarily divisable.
116. Estimate and levy of costs.-When the partition proceeding has been confirmed under Section 114, the Collector shall cause the cost of making the partition to be estimated, and shall instruct that the cost be levied in the first instance from the applicant for partition or from all the co-sharers in the mahal in such instalments and at such times during the progress of the partition as may be prescribed by rules under Section 234(m).
If the amount first estimated is found insufficient, supplementary estimates may be made from time to time, and the additional amount may be levied as above provided.
The State Government shall make rules for determining the costs of partitions under this Act and the Board shall make rules for determining the mode in which such costs are to be apportioned:
Provided that the cost of surveying a mahal, when such survey is necessary for the purpose of partition, shall be paid rateable by all the co-sharers of he mahal, according to their shares therein.
117. Partition of land held on severalty or in common.-In making a partition the Collector shall, subject to the provisions of the Sections 122, 123 and 125, first allot to the applicant such lands (if any), as are held by him as his sir or in severalty, and then so much of the lands held in common (if any), as shall give him, as far as may be, portion of the mahal proportionate in value to his share therein, unless there is any village custom to the contrary or the parties otherwise agree.
118. Building of one sharer on land allotted to another.-If in making a partition, it is necessary to include in the portion allotted to on co-sharer the land occupied by a dwelling-house or other building in the possession of another co-sharer, the latter shall be allowed to retain it with the buildings thereon, on condition of his paying for it a reasonable ground rent to the co-sharer in whose portion it may be included.
The limits of such land and the rent to be paid for it shall be fixed by the Collector.
In such cases a defined path way shall, as far as possible be secured to the owner of the house, leading from the his house to some public highway or some portion of the separate estate allotted to him.
119. Rule contained in the last preceding section applicable to gardens etc.-The rule contained in the last preceding section may be applied to gardens, orchards or any other lands of special value to the proprietor in occupation thereof, in consequence of improvements made by him or of the particular use to which such lands are put.
120. Tanks, wells, water courses and embankments.-Tanks, wells, water-courses and embankments shall be considered as attached to the lard for the benefit of which they were originally made.
When, from the extent, situation or construction of such works, it is necessary that they should continue the joint property of the proprietors of two or more of the portions into which the mahal may be divided, the Collector shall determine the extent to which the proprietors of each portion may use the said works and the proportion in which the charges for repairs thereof shall be borne by such proprietors and the manner, in which the profits (if any), derived thereform shall be divided.
121. Places of worship and burial grounds.-Places of worship and burial grounds held in common before the partition shall continue to be so held, unless the persons holding them otherwise, decide, by an agreement, which shall be filed with the record.
122. Exchange of Sir and severalty by consent.-The Collector shall, unless there be any reasonable objection thereto, give effect to any exchange of land held as sir or in severalty, and forming part of the mahal, agreed to by the parties before the confirmation of the partition.
123. In imperfect partitions transfer of Sir and severalty barred without consent.-In making an imperfect partition no land held as sir or in severalty by one co-sharer shall, without his consent, be included in the portion allotted to another co-sharer:
Provided that when any co-sharer holds more land as his sir than the area of his share, the excess may be so included without his consent.
124. Incompactness a reason for disallowing perfect partition.-In making a perfect partition the several portion shall be made as compact as possible, provided that except with the sanction of the Board, no partition shall be disallowed solely on the ground of incompactness.
125. Transfer of Sir and severalty in perfect partition.-In making a perfect partition if the partition cannot otherwise be conveniently carried out or the portions cannot otherwise be made compact, the Collector or, with the sanction of the Collector, the Assistant Collector making the partition, may, without the consent of the parties concerned, include in the portion allotted to one co-sharer land held as sir or in severalty by another co-sharer, provided no reasonable objection thereto is shown.
126. Sir of one sharer included in portion allotted to another.-When any exchange of sir has been effected such sir shall become the sir of the co-sharer in whose portion it is included; and when any land held as sir by any co-sharer is included in the portion allotted to another co-sharer, otherwise than by exchange of sir and the former continues to cultivate it after partition, he shall be an ex-proprietary tenant thereof, and the rent to be paid thereof shall be fixed by the Collector in accordance wit the provisions of the United Provinces Tenancy Act, 1939.
127. Certain other land to be treated as Sir.-For the purposes of allotment under Sections 117, 123 and 125 land cultivated by a co-sharer, which, if his proprietary rights were transferred he would be entitled to hold as an ex-proprietary tenant [* * *] shall be treated as sir; and when such land is included in the portion allotted to another co-sharer, the provisions of Section 126 shall apply.
128. Division of tenant's holding.- When in the course of partition the holding of any tenant is divided the Collector shall distribute the rent of the holding over the parts divided off.
129. When perfect partition has been disallowed, imperfect partition may be granted.-When a perfect partition has been disallowed under Section 109, 110 or 124, the Collector may, if the applicant for partition so desires, make an imperfect partition without a fresh application.
130. Distribution of revenue on partition.-In all cases, whether partition has been made by arbitrators or otherwise, the revenue of the mahal shall be distributed by the Collector over the several portions into which the mahal is divided.
131. Confirmation of partitions.-A partition shall not be complete until the Collector has passed an order confirming it.
When the partition has been confirmed the Collector shall issue a proclamation thereof, and the partition shall take effect from the first day of July next following the date of such proclamation.
132. Appeals in case of partition.-(1) Partition shall not be stayed by reason of any appeal against any order passed by an Assistant Collector other than an order under Section 111.
(2) When a partition-proceeding has been submitted to the Collector for confirmation under Section 114 he shall proceed, after the expiry of the period allowed for appeal against a partition-proceeding to decide all appeals against orders previously passed by the Assistant Collector, and all appeals against the partition-proceeding itself, and shall then confirm the partition proceeding or pass such other orders as he thinks fit.
(3) When a partition has been submitted to the Collector for confirmation under Section 131 he shall proceed to decide all appeals against orders of the Assistant Collector passed since the partition proceedings was confirmed and shall then confirm the partition or pass such other order as he thinks fit.
133. Orders appealable.-(1) Subject to the provisions of Section 112 an appeal shall lie form the following orders by a Collector passed in course of a partition and from no other such order:
(a) Orders under Section 100, staying a partition and quashing proceedings, or disallowing partition.
(b) Orders under Section 114, recording a partition proceeding.
(c) Order under Section 132, sub-section (2), relating to partition proceeding.
(d) Orders under Section 132, sub-section (3) relating to the confirmation or otherwise of a partition.
(2) An appeal against the decision of the Collector confirming a partition under Section 131 shall lie to the Commissioner of the division within six months from the date on which such partition takes effect.
134. Partition of two or more mahals belonging to the same proprietors.-When applications for the partition of two or more mahals belonging to the same proprietors are made, the Collector may proceed to make a partition as if the mahal in question were a single mahal.
Such partition shall be made in accordance with the provisions of this chapter, so far as they are applicable, and if possible, in such manner as to allot to the applicant one or more of the existing mahals.
135. Division of complex mahals.-When a mahal consists of two or more villages or portion of villages, the State Government may direct its division into as many mahals as may be necessary for administrative convenience. On receipt of such direction the Collector shall, after considering any representations made by the proprietors, distribute the revenue of the whole mahal over the several mahals into which it is divided, in accordance with rules made under Section 234, and shall correct the annual registers accordingly. The mahals so formed shall be severally responsible for the revenue distributed thereon.
136. Fraudulent or erroneous distribution of revenue.-When, in making a division under the last section or in making a perfect partition, the revenue has, owing to fraud or error, been wrongly distributed, the Board may within twelve years from the date of an order under Section 135 or of confirmation of partition by the Collector, order such a distribution of the revenue of the original mahal over the several mahals into which it is divided as but for the error or fraud would have been made at the time of partition.
137. Under-assessed estates to refund to over-assessed estates.-The Board may in any case under Section 136 direct that any proprietor whose mahal has been found to have been under-assessed shall for each year, not exceeding three years in all, in which he has held possession, of his separate mahal, be required to pay to the recorded proprietor of any mahal which has been over-assessed a sum equal to the annual amount in which the latter shall be found to have been over-assessed, and in default of payment the amount shall be recovered as an arrear of revenue and paid to the proprietor to whom it is due.
No order passed under this section shall be questioned in any Civil or Revenue Court.
138. Partition of taluqdari and under-proprietary mahals etc.-(1) The partition of sub-proprietary rights in Agra, and of taluqdari and under-proprietary mahals and of mahals held by lessees whose rent has been fixed by the Settlement Officer or other competent authority in Oudh shall be carried out according to the provisions of this chapter, so far as they are applicable.
(2) In the partition of taluqdari mahals all mahals whether under-proprietary or held by lessees whose rent has been fixed by the Settlement Officer or other competent authority shall, if practicable, be allotted to one or other of the new taluqas to be formed by the partition.
(3) if such allotment cannot be made the division shall be made as far as possible by existing sub-divisions, and each portion so divided off shall be deemed a separate mahal and the joint responsibility of the co-sharers shall be limited to such portion.
(4) The rent payable on each portion so divided off shall be fixed by the Collector and all objections to the distribution shall be decided by him.
(5) No partition of a taluqdari mahal under this section shall be proceeded without the sanction of the State Government previously obtained.
139. Union of mahals, forming part of the same village.-If two or more revenue-paying mahals form portion of the same village, the proprietor may apply to the Collector for the union of the same into a single mahal, and the Collector may, at his discretion, grant such application, and in such case shall correct the annual registers accordingly.
140. Partition and union of revenue-free mahals.-The provisions of this chapter, so far as they are applicable, may, at the discretion of the Collector, be applied to the partition or union of revenue-free mahals.
Chapter VIII - Collection of Revenue
Chapter VIII
COLLECTION OF REVENUE
141. Revenue the first charge on a mahal.-In the case of every mahal the revenue assessed thereon shall be the first charge on the entire mahal, and on the rents, profits or produce thereof.
The rents, profits or produce of a mahal shall not be applied in satisfaction of a decree or order of any Civil Court until all arrears of revenue due in respect of the mahal have been paid.
142. Responsibility for revenue.-All the proprietors of a mahal are jointly and severally responsible to Government for the revenue for the time being assessed thereon, and all persons succeeding to proprietary possession their otherwise than by purchase under Section 160, shall be responsible for all arrears of revenue due at the time of their succession.
Explanation.-"Proprietor" in this chapter means a person in proprietary possession for his own benefit and includes a mortgagee and a lessee of proprietary rights.
143. Rules as to payment of revenue arrears and defaulters.-The revenue shall be paid in such instalments to such persons and at such be paid in such instalments to such persons and at such times, and places as may be prescribed by rules made under Section 234, and any sum not so paid becomes an arrear of revenue, and the persons responsible for it, whether as co-sharer or as lambardars, become defaulters.
Interest not chargeable.-No interests shall be demanded on any arrears of revenue.
144. Payment through lambardars.-The revenue shall be paid through the lambardar who, subject to rules made under Section 234, shall be remunerated by such fees, to be paid by the other proprietors not exceeding five per cent on the revenue payable in respect of their shares, as the State Government may prescribe.
145. Certified account to be evidence as to arrear.-A statement of account certified by the Tahsildar shall, for the purposes of this chapter, be conclusive evidence of the existence of the arrear, of its amount, and of the person who is the defaulter.
146. Processes of recovery of revenue.-(1) An arrear of revenue may be recovered by one or more of the following process:
(a) by serving a writ of demand or a citation to appear on any of defaulters;
(b) by arrest and detention of his person;
(c) by attachment and sale of his moveable property;
(d) by attachment of the specific area, share, patti or mahal in respect of which the arrears is due;
(e) by transfer of such share or patti to a solvent co-sharer in the mahal;
(f) by annulment of the settlement of such patti or of the whole mahal;
(g) by sale of such specific area of patti or of the whole mahal;
1[(h) by attachment and sale of other immovable property of the defaulter]; and
2[(i) by appointing a receiver of any property, moveable or immovable, of the defaulter];
3[(2) The costs of any of the processes, mentioned in sub-section (1) shall be added to and be recoverable in the same manner as the arrear of land revenue].
1. Subs. by U.P. Act No. 12 of 1965.
2. Added by U.P. Act No. 12 of 1965.
3. Added by U.P. Act No. 12 of 1965.
147. Writ of demand and citation to appear.-When an arrear of revenue becomes due, a writ of demand calling on the defaulter to pay the amount within a time therein stated, or a citation to appear, may issue.
148. Arrest and detention.-The defaulter may be arrested and detained in custody for fifteen days, unless the arrear, and the costs of arrests and detention are sooner paid:
Provided that no taluqdar, no person exempted from personal attendance in the Civil Courts, and no female, shall be subject to arrest or detention in custody under this section.
149. Attachment and sale of moveable property.-The Collector may, whether the defaulter has been arrested or not, attach and sell his moveable property.
Every attachment and sale ordered under this section shall be made, according to the law in force for the time being for the attachment and sale of moveable property under the decree of a Civil Court. In addition to the particulars mentioned in clauses (a) to (o) of the proviso to Section 60 of the Code of Civil Procedure, 1908 (Act V of 1908), articles set aside exclusively for the use of religious endowments shall be exempted from attachment and sale under this section. The costs of the attachment and sale shall be added to the arrear of revenue, and shall be recoverable by the same procedure.
150. Attachment of land.-The Collector may, in addition to, or instead of any of the other processes hereinbefore specified attach, and take under his own management, any specific area, share, patti or mahal in respect of which an arrear is due, but no land shall be held under attachment for the same arrear for a term exceeding three years from the first day of July next following the attachment:
Provided that if the arrear is sooner liquidated, the land shall be released and the surplus receipts (if any), made over to the defaulter or his legal representative.
151. Powers and obligations of manager.-While any land is so held under direct management the Collector shall be bound by any engagement which at the time of attachment existed between the defaulter and the inferior proprietors, under proprietors, or tenants, and shall be entitled to manage the property so attached, and to receive all rents and profits accruing therefrom. The collection of the property so attached shall be applied to the payment of any instalment of revenue which may become due after attachment and of the cost of attachment and management, and any surplus shall be applied to discharging the arrear on account of which the attachment was made.
152. Transfer of defaulter's share.-When the arrear is due in respect of a share or patti of a mahal, the Collector may in addition to or instead of any of the processes hereinbefore specified with the previous sanction of the Commissioner, transfer such share of patti for term not exceeding fifteen years from the first day of July next after the date of the sanction, to all or any of the co-sharers of the mahal other than the proprietors of such share of patti on condition of their paying the arrear, and on such terms as the Commissioner in each case may prescribe. Such transfer shall not affect the joint and several liability of the co-sharers of the mahal in which it is enforced.
When the term of transfer has expired the share of patti shall be restored to the proprietors thereof free of any claim on the part of the Crown or the transferee for any arrear in respect of such share or patti.
153. When settlement may be annulled.-When the Collector is of opinion that the processes herein before specified are not sufficient for the recovery of such arrears, he may in addition to or instead of all or any of such processes, report the matter, and [* * *] the State Government may thereupon order the existing settlement of the patti or mahal in respect of which the arrears is due to be annulled.
The provisions of this section shall not be put in force for the recovery of any arrear of revenue which may have accrued on land-
(a) while under attachment;
(b) while under the charge of the Court of Wards; or
(c) which is permanently settled.
154. Management during annulment.-When the settlement of any land has been annulled, the Collector may, with the previous sanction of the Commissioner, either manage the land himself or he may let it in farm, for such term and on such conditions as may be sanctioned by the Commissioner:
Provided that no land may be so managed or let for a term exceeding fifteen years from the first day of July next after the date of such annulment.
All contracts relating to such land previously made by the defaulter, or any person through whom he claims, and all grants liable to resumption under the law for the time being in force, shall become voidable at the option of the Collector or the farmer.
155. Proclamation of attachment or annulment of settlement.-When the Collector attaches any land under Section 150, or transfers it under Section 152, or when the settlement of any land has been annulled under Section 153, he shall issue a proclamation thereof.
156. Payments to defaulter thereafter or in anticipation of due date not to discharge payer.-No payment on account of rent, or any other asset of the land, made after the date of such proclamation, or in anticipation of due date, to any person other than the Collector, the transferee or the farmer, shall relieve him from liability for payment to the Collector, the transferee of the farmer, as the case may be.
157. Recovery of balance due by farmer.-When any land has been let in farming under Section 154 or Section 159, any sum due by the farmer under his lease may be recovered from him or his surety (if any), as if it were an arrear of revenue.
158. Joint responsibility for revenue suspended during annulment.-When the settlement of any patti is annulled under Section 153, the joint responsibility of the co-sharers of the mahal for the revenue of such patti shall be in abeyance from the date of such annulment until a new settlement of such patti is made under Section 159.
159. Settlement on expiry of period for which land is farmed or taken under management.-When the period for which any land has been managed or farmed under Section 154 has expired the Collector shall offer to the person entitled to settlement under Section 65 a new settlement on such conditions as the [* * *] State Government may direct for the remainder of the term of the original settlement.
If such offer is refused, the Collector may with the sanction of the Commissioner, deal with the land for the remainder of the term of the original settlement in accordance with the provisions of Sections 68 to 74 (inclusive) so far as they are applicable.
160. Sale of defaulter's specific area, patti or mahal.-When the Collector is of opinion that the other processes hereinbefore specified are not sufficient for the recovery of an arrear he may, in addition to, or instead of, all or any such other processes, with the previous sanction of the Commissioner, or, in the case of an ancestral land within the meaning of Section 20 of the Oudh Laws Act, 1876 (Act No. 18 of 1876), of the State Government sell by auction the specific area, patti or mahal in respect of which such arrear is due:
Provided that no specific area, patti or mahal shall be sold for any arrear which may have accrued while it was-
(a) under the management of the Court of Wards;
(b) under direct management by the Collector; or
(c) in farm under the provisions of this Act.
161. Land to be sold free of encumbrances.-(1) Land sold under the last preceding section shall be sold free of all encumbrances;
and all grants liable to resumption under the law for the time being in force, and all contracts previously made by any person other than the purchaser in respect of such land, shall become voidable at the option of the purchaser at the auction sale.
(2) Nothing in sub-section (1) applies-
(a) in mahals permanently settled, to lands held under written leases duly registered, granted in good faith at fair rents, and for specified areas, by a former proprietor for terms not exceeding twenty years;
(b) in all mahals, to land held under bona fide leases at fair rents, temporary or perpetual, for the erection of dwelling-houses or manufactories or for mines, gardens, tanks, canals, places of worship, burying-grounds such lands continuing to be used for the purposes specified in such leases.
(3) Notwithstanding anything contained in sub-section (1), [* * *] the 1[authority sanctioning the sale], may, at any time before the sale has been made, direct that it be made, subject to such interest or rights in land created by the proprietor in possession thereof, or any person through whom he claims, as it thinks fit.
1. Subs. by U.P. Act No. 21 of 1962.
162. Power to proceed against interest of defaulter in property other than that in respect of which default is made.-1[(1) If an arrear cannot be recovered by any of the processes mentioned in the clauses (a) to (g) of sub-section (1) of Section 146, the Collector may realize the same by attachment and sale of the interest of the defaulter in any other immovable property of the defaulter:
Provided that when such property is sold the provisions of Section 161 shall not apply to such sale.]
(2) Sums of money recoverable as arrears of revenue, but not due in respect of any specific land, may be recovered by process under this section against any immovable property of the defaulter.
1. Subs. by U.P. Act No. 12 of 1965.
163. Proclamation of sale.-When the sale of any land or other immovable property has been sanctioned under Section 160 or Section 162, the Collector shall issue a proclamation of the intended sale, specifying the land to be sold, and the revenue (if any), assessed, thereon, the arrears, for which it is to be sold, the time and place of sale, whether or not the land is to be sold free of encumbrances under Section 161, and any other particulars the Collector may think necessary.
A copy of the proclamation shall be served on the defaulter.
164. Sale, when and by whom to be made.-Every sale under this chapter shall be made either by the Collector in person or by an Assistant Collector specially appointed by him in this behalf.
No such sale shall take place on a Sundary or other authorized holiday, or until after the expiration of at least thirty days from the date on which the proclamation thereof was issued.
The Collector may from time to time postpone the sale.
165. Prohibition to bid for or acquire the property sold.-No officer having any duty to perform in connection with any such sale, and no persons employed by or subordinate to such officer shall, either directly or indirectly, bid for, acquire or attempt to acquire, except on behalf of the Crown or the Court of Wards, the property sold or any interest therein.
166. When sale may be stayed.-If the defaulter pays the arrear in respect of which the land is to be sold, at any time before the day fixed for the sale, to the person appointed under Section 143 to receive payment of the revenue assessed on such land, or to the Collector, or to the Assistant Collector in charge of the sub-division in which the land is situated, the sale shall be stayed.
167. Deposit by purchaser. Re-sale in default of deposit.-The person declared to be the purchaser shall be required to deposit immediately twenty-five per cent on the amount of his bid, and in default of such deposit the land shall forthwith be again put up and sold; and such person shall be liable for the expenses attending the first sale and any deficiency of price which may occur on the re-sale, which may be recovered from him by the Collector as if the same were an arrear of revenue.
168. Purchase money when to be paid.-The full amount of purchase-money shall be paid by the purchaser at the Collector's Office on or before the fifteen day from the date of the sale.
Effect of default.-And if the purchase-money is not so paid the deposit, after the expenses of the sale have been defrayed therefrom shall be forfeited to Government and the property shall be re-sold and the defaulting purchaser shall forfeit all claim to the property, or to any part of the sum for which it may be subsequently sold.
169. Liability of purchaser for loss by re-sale.-If the proceeds of the sale which is eventually made are less than the price bid by such defaulting purchaser, the difference shall be recoverable from him as if it were an arrear of revenue.
170. Proclamation before re-sale.-No sale after postponement under Section 164, and no re-sale under Section 167 in default of payment of the purchase-money, shall be made until a fresh proclamation has been issued as prescribed for the original sale.
171. Sale to be reported to Commissioner.-Every sale of land or other immovable property under this Act shall be reported by the Collector to the Commissioner.
172. Application to set aside sale on deposit of arrear, etc.-(1) Any person whose land or other immovable property has been sold under this Act may, at any time within thirty days from the date of sale, apply to have the sale set aside on his depositing in the Collector's Office-
(a) for payment to the purchaser, a sum equal to five per cent of the purchase-money; and
(b) for payment on account of the arrear, the account specified in the proclamation of sales as that for the recovery of which the sale was ordered, less any amount which may, since the date of such proclamation of sale have been paid on that account;
(c) the costs of the sale.
If such deposit is made within thirty days, the Collector shall pass as order setting aside the sale:
Provided that if a person applies under Section 173 to set aside such sale, he shall not be entitled to make an application under this section:
Provided also that if the land has been sold free of encumbrances under Section 161, the encumbrances shall be revised as soon as the sale is set aside under this section.
(2) Every application to set aside a sale under this section, and the final order passed thereon shall be immediately reported by the Collector to the Commissioner.
173. Application to set aside sale for irregularity, etc.-At any time within thirty days from the date of the sale, application may be made to the Commissioner to set aside the sale on the ground of some material irregularity or mistakes in publishing or conducting it; but no sale shall be set aside on such ground unless the applicant proves to the satisfaction of the Commissioner that he has sustained substantial injury by reason of such irregularity or mistake.
174. Order confirming or setting aside sale.-On the expiration of thirty days from the date of the sale, if no such application as is mentioned in Section 172 or 173 has been made, or if such application has been made and rejected, the Commissioner shall pass an order confirming the sale;
and, if such application under Section 173 is made and allowed, the Commissioner shall pass an order setting aside the sale.
Every order under this section shall be final.
175. Bar of claims founded on or mistake.-If no application under Section 173 is made within the time allowed therefor, all claims on the ground of irregularity or mistake in publishing or conducting the sale shall be barred.
Nothing herein contained shall bar the institution of a suit in the Civil Court for the purpose of setting aside a sale on the ground of fraud.
176. Refund of purchase money when sale set aside.-Whenever the sale of any land or other immovable property is set aside under Section 174, the purchaser shall be entitled to receive back his purchase-money, with interest at such rate not exceeding six per cent per annum, or without interest, as the Commissioner thinks fit.
177. Purchaser to be put in possession of certificate of purchase.-After a sale of land or other immovable property under this Act has been confirmed in the manner aforesaid, the Collector shall put the person declared to be purchaser into possession of such property, and shall, grant him a certificate to the effect that he has purchased the property to which the certificate refers, and such certificate shall be deemed to be a valid transfer of such property, but need not be registered as a conveyance except as provided by Section 89 of the Registration Act, 1877 (Act III of 1877).
If land has been sold under Section 160 on account of an arrear of revenue due in respect thereof, the certificate shall also state that the purchaser has purchased the land to which the certificate refers free of every encumbrances other than the leases mentioned in sub-section (2) of Section 161 and the interests or rights specified by the State Government under sub-section (3) of Section 161.
178. Bar of suit against certified purchaser.-The certificate shall state the name of the person declared at the time of sale to be actual purchaser, and any suit brought or application made in a Civil or Revenue Court against the certified purchaser on the ground that the purchase was made on behalf of another person not the certified purchaser, though by agreement the name of the certified purchaser was used, shall be dismissed with costs.
179. Application of proceeds or sale.-When a sale of land under this Act has been confirmed, the proceeds of the sale shall be applied in the first place to the payment of any arrears, including costs incurred for the recovery thereof, due to the Government from the defaulter at the confirmation of the sale, whether the arrears are of revenue or sums recoverable as arrears of revenue; and in the second place, if the sale took place for the recovery of an amount recoverable as an arrear of revenue, but not due to Government, to the payment of that amount including costs as aforesaid;
and the surplus (if any), shall be paid to the person whose land has been sold;
or, if the land sold was held in shares then the co-sharers collectively, or according to the amount of their recorded interests, at the discretion of the Collector.
180. Surplus not be paid to creditors nor retained by Government except under order of Court.-Such surplus shall not except under a Revenue of a Civil or Revenue Court, be paid to any creditor of the person whose land has been sold, nor shall it (except under like order) be retained by the Collector.
181. Liability of purchaser for revenue.-The person named in the certificate of title as purchaser of any land shall be liable for all instalments of revenue becoming due in respect of such and after the date of the confirmation of the sale.
182. Pre-emption by co-sharers.-When any land sold under Section 160 or 162 is a portion of a mahal, any recorded co-sharer in the mahal other than the person whose land has been sold, may, if the lot has been knocked down to a stranger claim to take the said land at the sum last bid:
Provided that, the said demand of pre-emption be made on the day of sale, and before the officer conducting the sale has left the office for the day; and provided that the claimant fulfils all the other conditions of the sale:
Provided also, that, in Oudh, a demand of pre-emption may be made by proprietor or under-proprietor, subject to same conditions as in Section 250 of the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939).
1[182-A. Appointment of Receiver.-(1) Notwithstanding anything in this Act, when 2[an arrear of revenue or any other sum recoverable as an arrear of revenue] is due, the Collector may, in addition to or instead of any of the processes hereinbefore specified, by order,-
(a) appoint, for such period as he may deem fit, a Receiver of any moveable or immovable property of the defaulter;
(b) remove any person from the possession or custody of the property;
(c) commit the same to the possession, custody or management of the Receiver;
(d) confer upon the Receiver all such powers, as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits, and the execution of documents, as the defaulter himself has or such of those powers as the Collector thinks fit.
(2) Nothing in this section shall authorise the Collector to remove from the possession or custody of property any person whom the defaulter has not a present right to remove.
(3) The Collector may from time to time extend the duration of appointment of the Receiver.
3[(3-A) No order under sub-section (1) or sub-section (3) shall be made except after giving notice to the defaulter to show cause, and after considering any representations that may be received by the Collector in response to such notice:
Provided that an interim order under sub-section (1) or sub-section (3) may be made at any time before or after the issue of such notice:
Provided further that where an interim order is made before the issue of such notice the order shall stand vacated if no notice is issued within two weeks from the date of the interim order.]
(4) The provisions of Rules 2 to 4 of Order XL, contained in the First Schedule to the Code of Civil Procedure, 1908, shall apply in relation to a Receiver appointed under the Code with the substitution to a Receiver appointed under the Code with the substitution of references to the Collector for references to the Court.]
1. Added by U.P. Act No. 12 of 1965.
2. Subs. by U.P. Act 34 of 1974 and shall be deemed always to have been substituted.
3. Ins. by U.P. Act 34 of 1974 and be deemed always to have been inserted.
1[183. Payment under protest and suit for recovery.-(1) Whenever proceedings are taken under this Chapter against any person for the recovery of any arrears of land revenue or for the recovery of any sum of money recoverable as arrears of land revenue he may pay the amount claimed under protest to the officer taking such proceedings, and upon such payment the proceedings shall be stayed and the person against whom such proceedings were taken may sue the State Government in the Civil Court for the amount so paid, and in such suit the plaintiff may, notwithstanding anything contained in Section 145, give evidence of the amount, if any, which he alleges to be due from him.
(2) No protest under this section shall enable the person making the same to sue in the Civil Court, unless, it is made at the time of the payment in writing and signed by such person or by an agent duly authorised in this behalf.]
1. Subs. by U.P. Act No. 35 of 1976 as amended by U.P. Act 20 of 1982.
184. Recovery of arrears due from co-sharers paid by a lambardar.-Any lambardar who has paid an arrear of revenue due on account of the share of any co-sharer whom he represents may, within six months from the date of such payment, apply in writing to the Collector to recover such arrear together with any fees due under Section 144, on his behalf as if it were an arrear of revenue payable to Government.
The Collector shall, on receipt of such application, satisfy himself that the amount claimed is due to the lambardar, and may then, subject to rules made under Section 234, proceed to recover, as if it were an arrear of revenue, such amount with costs and interests from the said co-sharer or any person in possession of his share.
The Collector shall not be made a defendant to any suit in respect of an amount for the recovery of which an order has been passed under this section.
No appeal shall lie from an order of a Collector under this section; but nothing herein contained and no order passed under this section, shall debar a lambardar or a co-sharer from maintaining a suit under Chapter XII of the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939).
185. In Oudh rent of under-proprietor recoverable as revenue.-In Oudh whenever a mahal or patti is held in sub-settlement, or under a heritable, non-transferable lease, the rent payable under which has been fixed by the Settlement Officer or other competent authority and the rent of such mahal or patti falls into arrear, the proprietor instead of suing under the United Provinces Tenancy Act, 1939, may, within one year from the accrual of such arrear, apply in writing to the Collector to realize the same, and the Collector shall after satisfying himself that the amount claimed is due, proceed, subject to rules made under Section 234, to recover such amount with costs, but without interests, as an arrear of revenue.
If a sub-settlement has been annulled under this section, a new sub-settlement shall be made on the expiration of the period of such annulment in accordance with Section 79.
186. Rent of land held by proprietor of mahal attached etc. as ex-proprietary tenant, to be fixed by Collector.-When any mahal or portion of a mahal is attached, transferred, taken under direct management or formed under the provisions of Chapter V or of this chapter, the Collector shall in accordance with the provisions of the United Provinces Tenancy Act, 1939, fix a rent to be paid by any proprietor or co-sharer of such mahal or portion of a mahal on account of the land which, if his proprietary rights were transferred, he would be entitled to hold as an ex-proprietary tenant [* * *].
187. Rent of land held by under-proprietor in Oudh as ex-proprietary tenant.-When in Oudh any mahal or portion of a mahal held by an under-proprietor is attached, transferred, held under direct management or formed under the provisions of Chapter V or of this chapter, the Collector shall in accordance with the provisions of the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939), fix the rent to be paid by such under-proprietary on account of the land which if his under proprietary rights were transferred, he would be entitled to hold as an ex-proprietary tenant.[* * *]
188. Provisions applied to arrears due at commencement of Act.-The provisions of this Act with regard to the recovery of arrears of revenue shall apply to all arrears of revenue and sums of money recoverable as arrears of revenue due at the commencement of this Act.
Chapter IX - Procedure of Revenue Courts and Revenue Officers
Chapter IX
PROCEDURE OF REVENUE COURTS AND REVENUE OFFICERS
189. Place for holding Court.-A Commissioner may hold his Court at any place within his division.
An Additional Commissioner may hold his Court at any place within the division of divisions to which he is appointed.
A Collector, [Additional Collector],1 an Assistant Collector (whether in charge or not of a sub-division of a district), a Record Officer, an Assistant Record Officer, a Settlement Officer or an Assistant Settlement Officer, may hold his Court at any place within the district to which he is appointed.
A Tahsildar may hold his Court at any place within his tahsil.
1. Add. by S. 16 of U.P. Act II of 1932.
190. Power to enter upon and survey land.-The Collector, Settlement Officer, Record Officer, and their assistants, sub-ordinates, servants, agents and workmen may enter upon the survey land, and demarcate boundaries and do all acts necessary for any purpose connected with their duties, under this or any other Act.
1[191. Power of Board or Commissioner to transfer cases.-The Board or a Commissioner may transfer any case or proceeding arising under the provisions of this Act, including a partition case, from any subordinate Revenue Court or Revenue Officer to any other court or officer competent to deal therewith.]
1. Subs. by U.P. Act 30 of 1975.
192. Power to transfer cases to and from subordinates.-The Collector, an Assistant Collector in charge of a sub-division of district, a Tahsildar, a Record Officer, or a Settlement Officer may make over any case or class of cases arising under the provisions of this Act or otherwise, for inquiry or decision, from his own file to any of his subordinates competent to deal with such case of class of cases;
or may withdraw any case or class of cases from any Revenue Officer subordinate to him and may deal with such case or class of cases himself or refer the same for disposal to any other such Revenue Officer competent to deal therewith.
1[192-A. Consolidation of cases.-Where more cases than one involving substantially the same question for determination and based on the same cause of action are pending in one or more court they shall, on application being made by any party to the court to which the court or courts concerned are all sub-ordinate, be consolidated in one court and decided by a single judgement. Such cases may be filed direct in the superior court.]
1. S. 192-A added by S. 9 of U.P. Act II of 1932.
193. Power to summon persons to give evidence and produce documents.-Any Revenue Court may summon any person whose attendance it considers necessary for the purpose of any investigation, suit or other business before it.
All persons so summoned shall be bound to attend, either in person or by an authorized agent, as such court may direct, and to state the truth upon any subject respecting which they are examined or make statements,
and to produce such documents and other things as may be required:
Provided that persons exempt from personal attendance in the Civil Court under [Section 132 and 133 of the Code of Civil Procedure, 1908 (Act V of 1908),1 shall subject to the provisions of those sections, be exempt from personal attendance under this section.
1. Subs. for "Ss. 640 and 641 if the Code of Civil Procedure" by S. 47 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I. Act, 1935, as re-enacted by U.P. Act XIII of 1948.
194. Procedure in case of non-compliance with summons.-If any person, on whom a summons to give evidence or produce a document has been served, fails to comply with the summons, the officer by whom the summons has been issued may exercise the powers conferred on Civil Courts by [Order XVI, Rules 10 to 13, 17 and 18 of the Code of Civil Procedure, 1908]1.
1. Subs. for "S. 174 of the Code of Civil Procedure" by S. 48, ibid.
195. Summons to be in writing, signed and sealed.-Every summons shall be in writing in duplicate, and shall be signed and sealed by the officer issuing it, or by such person as he empowers in this behalf.
Mode of serving summons.-Service in district other than that of issue.-And shall be served by tendering or delivering a copy of it to the person summoned, or, if he cannot be found, by affixing a copy of it to some conspicuous part of the usual residence and if such person resides in another district, the summons may be sent by post to the Collector of that district for service.
196. Mode of serving notice.-Every notice under this Act may be served either by tendering, delivering or sending a copy thereof by post, in a cover register under the Indian Post Officer Act, 1898, to the person on whom t is to be served; or if such person is a proprietor of land, to his agent;
or by affixing a copy thereof at some place of public resort on or adjacent to the land to which such notice refers.
197. Mode of issuing proclamations.-Whenever a proclamation is issued under this Act copies thereof shall be posted in the Court-house of the officer issuing it, at the headquarters of the tahsil within which the land to which it refers is situated, and at some place of public resort on or adjacent to the Land to which it refers; and if the officer issuing it so directs, the proclamation shall be further published by beat of drum on or near the land to which it refers.
198. Notice and proclamation not void for error.-No notice or proclamation shall be deemed void on account of any error in the name or designation of any person or in the description of any land referred to therein, unless such error has produced substantial injustice.
199. Procedure for procuring attendance of witnesses.-If in any proceeding of a judicial nature pending before any Revenue Court, either party desires the attendance of witnesses, he shall follow the procedure prescribed by the [Order XVI, Rules 2 to 4 of the Code of Civil Procedure, 1908.]1
1. Subs. for "Code of Civil Procedure, Ss. 160, 161 and 162" by S. 49 of U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I. Act, 1935. It was re-enacted by U.P. Act XIII of 1948.
1[200. Hearing in absence of party.-Whenever any party to such proceeding neglects to attend on the date specified in the summons or on any day to which the case may have been postponed, the court may dismiss the case for default or may hear and determine it ex parte.]
1. Subs. by S. 10 of U.P. Act II of 1932.
201. No appeal from orders passed ex parte or by default.-No appeal shall lie from an order passed under Section 200 ex parte or by default.
Re-hearing on proof of good cause for non-appearance.-But in all such cases, if the party against whom judgement has been given appears either in person or by agent (if a plaintiff, within fifteen days from the date of such order, and if a defendant, within fifteen days after such order has been communicated to him, or after any process for enforcing the judgment has been executed or at any earlier period), and shows good cause for his non-appearance, and satisfied the officer making the order that there has been a failure of justice, such officer may, upon such terms as to costs or otherwise as he thinks proper, revive the case and alter or rescind the order according to the justice of the case:
Order not to be altered without summons to adverse party.-Provided that no such order shall be reversed or altered without previously summoning the party in whose favour judgment has been given to appear and be heard in support of it.
202. Correction or error or omission.-Any Court of officer by whom an order has been passed in any proceeding under this Act may, within ninety days of such order, either of his own motion or on the application of a party, correct any error or omission, not affecting a material part of the case, after such notice to the parties as may be necessary.
203. Power to refer disputes to arbitration.-The Board, a Commissioner, [an Additional Commissioner],1 a Collector, [Additional Collector],2 an Assistant Collector of the first class, a Record Officer or an Assistant Record Officer, a Settlement Officer or an Assistant Settlement Officer, may, with the consent of the parties, by order refer any dispute before it, or him, to arbitration.
1. Add. by S. 17 of U.P. Act II of 1932.
2. Add. by S. 16 of ibid.
204. Procedure in cases referred to arbitration.-In all cases of reference to arbitration under Section 203, the provisions of [the Arbitration Act, 1940],1 shall apply so far as they are not inconsistent with anything in this Act.
1. Subs. for "Ss. 507 to 521 of the Code of Civil Procedure" by S. 50, U.P. Act XI of 1941, made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I. Act, 1935, as continued by U.P. Act XIII of 1948.
205. Application to set aside award.-Any application to set aside an award shall be made within ten days after the day appointed for hearing the award.
206. Decision according to award.-If the officer making the reference does not see cause to remit the award or any of the matters referred to arbitration for reconsideration, and if no application has been made to set aside the award, or if he has refused such application, he shall decide in accordance with the award, or if the award has been submitted to him in the form of a special case, according to his own opinion in such case.
207. Bar to appeal and suit in Civil Court.-Such decision shall be at once carried out, and shall not be open to appeal unless the decision is in excess of, or not in accordance with, the award or unless the decision is impugned on the ground that there is no valid award in law, or in fact;
and no person shall institute any suit in the Civil Court for the purpose of setting it aside or against the arbitrators on account of their award.
208. Recovery of fines and costs.-All fees, fines, costs, other than costs between party and party, and other moneys ordered to be paid under this Act shall be recoverable as if they were an arrear of revenue.
A Revenue Court shall have power, subject to any special provisions in this Act, to give and apportion costs due under this Act in any proceedings before it in such manner as it thinks fit:
Provided that when land is sold under this section for moneys not payable to [the Government]1, the provisions of Section 161 shall not apply to such sale.
1. Subs. by the A.O. 1950 for [the Crown] which had been Subs. by the A.O. 1937 for [Govt.].
209. Delivery of possession of immovable property.-When 1[an order is made that a person be put in possession of any immovable property], the officer making the order may deliver over possession in the same manner, and with the same powers in regard to all contempts, resistance and the like, as may be lawfully exercised by the Civil Courts, in execution of their own decrees.
1. Subs. for "possession of immovable property is adjudged" by S. 51 of U.P. Act XI of 1941 made by the Governor in exercise of the powers assumed by him under S. 93 of G. of I. Act, 1935 as continued by U.P. Act, XIII of 1948.
Chapter X - Appeals and Revision
Chapter X
APPEALS, [* * *]1 AND REVISION
210. Courts to which appeals lie.-2[(1) Appeal shall lie under this Act as follows:
(a) to the Record Officer form orders passed by any Assistant Record Officer;
3[(b)(i) to the Commissioner from orders passed by a Collector or an Assistant Collector first class or Assistant Collector in charge of sub-division.
(ii) to the Collector from orders passed by an Assistant Collector second class or Tahsildar.
4[(c) [* * *]
(2) [* * *]5
(3) [* * *]6
(4) [* * *]7
(5) [* * *]6
8[(6) No appeal shall lie against an order passed under Section 28, 33, 9[* * *], 39 or 40].
1. The word "Reference" omitted by U.P. Act 20 of 1997, S. 4.
2. Subs. by S. 339(c), Sch. III, List II, Sl. 29 of U.P. Act I of 1951. For the following where this Act is enforced:
Courts to which appeals lie.-(1) Appeals shall lie under this Act as follows:
(a) to the Collector, Record Officer, or Settlement Officer, from orders passed by any Assistant Collector or Tahsildar, Assistant Record Officer or Assistant Settlement Officer, respectively;
(b) to the Commissioner from orders passed by a Collector [Additional Collector], Record Officer or Settlement Officer;
(c) to the Board from [judicial or settlement] orders passed by a Commissioner [or Additional Commissioner].
(2) For the purposes of this Chapter, the word "order" includes a declaration of assessment under Section 64 and a partition proceeding under Section 114.
(3) An appeal against a declaration or assessment made by an Assistant Settlement Officer shall lie to the Commissioner.
(4) No appeal shall be allowed from a non-judicial order not connected with settlement passed by a Commissioner.
(5) When a party desires to appeal in a partition case against several decisions passed on objections relating either to the partition-proceedings or to the final partition he may do so in a single appeal. The period of limitation for such an appeal shall run from the date on which the partition-proceeding or the final partition papers are submitted to the Collector for confirmation.
3. Subs. by Sch. of U.P. Act XX of 1954.
4. Clause (c) deleted by Sch. of U.P. Act XX of 1954.
5. Sub-ss. (2), (3) and (5) deleted by S. 339(c), Sch. III, List II, Sl. 29 of U.P. Act I of 1951.
6. Subs. by the A.O. 1950, for "[Provl. Govt]" which had been subs. by the A.O. 1937 for "[LG]".
7. Add. by S. 2 and Sch. to U.P. Act XII of 1922 and deleted by Sch. of U.P. Act XX of 1954.
8. Added by U.P. Act X of 1961.
9. Omitted by U.P. Act 30 of 1975.
211. First appeal.-Unless an order is expressly made final by this Act, an appeal shall lie to the court authorized under Section 210 to hear the same from every original order passed in any proceedings held under the provisions of this Act.
212. Second appeals.-[Subject to the provisions of Section 210]1 a second appeal shall lie to the Commissioner [and Additional Commissioner]2, or to the Board, as the case may be:
(a) when the order of the Commissioner [or Additional Commissioner], is an order in appeal from a declaration of assessment under Section 64;
(b) when the original order has in appeal been varied, cancelled, or reversed; or
(c) on any of the following grounds (namely):
(i) the decision being contrary to some specified law; or usage having the force of law;
(ii) the decision having failed to determine some material issue of law, or usage having the force of law;
(iii) a substantial error or defect in the procedure as prescribed by this Act, which may have produced error or defect in the decision of the case upon the merits.
Explanation.-A variation of original order in the matter of costs only is not a variation within the meaning of clause (b).
Save as above provided, no second appeal shall be allowed.
Note.-S. 212 shall stand omitted for the areas where U.P. Act 1 of 1951 in enforced-Vide U.P. Act 1 of 1951, Sch. III.
1. Ins. by S. 2 and Sch. of U.P. Act XII of 1922.
2. Added by S. 17 of U.P. Act II of 1932.
213. Third appeals.-Subject to the provisions of Section 210, a third appeal shall lie to the Board on the following ground and no other (namely).
the decision being contrary to some specified law, or usage having the force of law.
Note.-S. 213 stands omitted for the areas where U.P. Act 1 of 1951 is enforced-Vide U.P. Act 20 of 1954.
1[214. No appeal shall be brought after the expiration of 30 days from the date of the order complained of, unless otherwise expressly provided in this Act.]
1. Subs. by U.P. Act X of 1961.
215. Appeal against order admitting an appeal.-No appeal shall lie against an order admitting an appeal on the grounds specified in Section 5 of the Indian Limitation Act, 1908.
216. Powers of Appellate Court.-(1) The Appellate Court may either appealed against;
or may direct such further investigation to be made or such additional evidence to be taken as it may think necessary;
or it may itself take such additional evidence;
or it may remand the case for disposal with such directions as it thinks fit.
217. Power to suspend execution of order of lower Court.-When an appeal is admitted the Appellate Court may, pending the result of the appeal, direct the execution of the order of the lower Court to be stayed.
1[218. Reference to the Board.-2[* * *]
1. Subs. by U.P. Act 30 of 1975.
2. Omitted by U.P. Act 20 of 1997, S. 6. Prior to omission it read as:
The Commissioner, the Additional Commissioner, the Collector, the Record Officer or the Settlement Officer may call for and examine the record of any case decided or proceedings held by any officer sub-ordinate to him for the purpose of satisfying himself as to the legality or propriety of the order passed and as to the regularity of proceedings, and, if he is of opinion that the proceeding taken or order passed by such subordinate officer should be varied, cancelled or reversed, he shall refer the case with his opinion thereon for the orders of the Board and the Board shall thereupon pass such orders as it thinks fit.
1[219. Revision.-(1) The Board or the Commissioner or the Additional Commissioner or the Collector or the Record Officer, or the Settlement Officer, may call for the record of any case decided or proceeding held by any revenue court subordinate to him in which no appeal lies or where an appeal lies but has not been preferred, for the purpose of satisfying himself as to the legality or propriety of the order passed or proceeding held and if such subordinate revenue court appears to have-
(a) exercised a jurisdiction not vested in it by law, or
(b) failed to exercise a jurisdiction so vested, or
(c) acted in the exercise of jurisdiction illegally or with material irregularity,
the Board or the Commissioner or the Additional Commissioner or the Collector or the Record Officer, or the Settlement Officer, as the case may be, may pass such order in the case as he thinks fit.
(2) If an application under this section has been moved by any person either to the Board, or to the Commissioner, or to the Additional Commissioner, or to the Collector or to the Record Officer or to the Settlement Officer, no further application by the same person shall be entertained by any other of them.]
1. Subs. by U.P. Act 20 of 1997, S. 6.
220. Power of Board to review and alter its order and decrees.-(1) The Board may review, and may rescind, alter or confirm any order may by itself or by any of the members in the course of [business connected with settlement.]1
(2) No decree or order passed judicially by it or by any of its members shall be so reviewed except on the application of a party to the case made within a period of ninety days from the passing of the decree or order, or made after such period if the applicant satisfies the Board that he had sufficient cause for not making the application within such period.
(3) Members not empowered to alter each other's orders.-A single member vested with all or any of the powers of the Board shall not have power to alter or reverse a decree or order passed by the Board or by any member other than himself.
1. Subs. for "its non-judicial business" by S. 2 & Sch. of U.P. Act XII of 1922.
Chapter XI - Miscellaneous
Chapter XI
MISCELLANEOUS
(A) Powers
221. Conferring of powers.-In conferring powers under this Act, the [State Government]1 may empower persons by name, or classes of officials generally, by their official titles, and may vary or cancel any such order.
1. Subs. by the A.O. 1950 for "Provl. Govt." which had been Subs. by the A.O. 1937 for "L.G.".
222. Powers of offices transferred to another district.-Whenever any person holding an office in the service of [the Government],1 who has been invested with any powers under this Act in any district in [the Agra Province]2 or Oudh, is transferred to an equal or higher office of the same nature in any other district in [* * *]3 he shall unless the State Government otherwise directs, be held to be invested with the same powers under this Act in the district to which he is transferred.
1. Subs. by the A.O. 1950 for "Provl. Govt." which had been Subs. by the A.O. 1937 for "L.G.".
2. Subs. for "the North-Western Provinces' by S. 15 of U.P. Act II of 1932.
The expression "the Agra Province" shall stand unmodified by A.O. 1950.
3. The words "the said province" omitted by the A.O. 1950.
223. Investment of Assistant Collector with powers of Collector.-The [State Government]1 may confer on any Assistant Collector of the first class all or any of the powers of a Collector, and all powers so conferred shall be exercised subject to the control of the Collector of the district.
1. Subs. by the A.O. 1950 for "Provl. Govt." which had been Subs. by the A.O. 1937 for "L.G.".
224. Conferring of powers of Tahsildars and Naib-Tahsildars.-The [State Government]1 may confer on any Tahsildar all or any of the powers of an 2[Assistant Collector of the first or second class] and on any Naib-Tahsildar all or any of the powers of a Tahsildar [or of an Assistant Collector of the second class.]3
1. Subs. by the A.O. 1950 for "Provl. Govt." which had been Subs. by the A.O. 1937 for "L.G.".
2. Subs. by U.P. Act 37 of 1958.
3. Added by U.P. Act X of 1961.
225. Collector to have all powers of an Assistant Collector.-The Collector may exercise all or any of the powers of an Assistant Collector under this or any other Act for the time being in force.
226. Investing of settlement officers with powers of Collector and Assistant Collector.-The [State Government]1 may invest any officer in charge of a settlement with all or any of the powers of a Collector under this or any other Act for the time being in force, and any Assistant Settlement Officer with all or any of the powers conferable or an Assistant Collector under this or any other Act for the time being in force, within such limits and with such restrictions and for such period as it thinks fit.
Note.-S. 226 stands omitted for the areas where U.P. Act 1 of 1951 has been enforced vide U.P. Act 1 of 1951, Sch. III.
1. Subs. by the A.O. 1950 for "Provl. Govt." which had been Subs. by the A.O. 1937 for "L.G.".
227. Powers of an Assistant Collector in charge of sub-division.-As Assistant Collector in charge of a sub-division of a district shall, as such have the following powers:
1[(1) to exercise all or any of the powers of an Assistant Collector of the Second Class of a Tahsildar;]
(2) to call on owners to erect or repair boundary marks, and in default, to erect or repair and charge the cost to [tenure-holders or Gaon Sabhas]2 under Section 29;
(3) to fine for injuries to boundary or survey marks, and in certain cases apportion the charges or repairing boundary or survey marks under Section 30;
(4) to order alterations in the annual registers, under Section 33;
3[(5)]
4[(5-a) to enquire into and decide applications made under Section 39.]
5[(6)]
(7) to levy fees for mutation under Sections 37, and fines, under Section 38;
(8) to decide disputes and to pass orders, under [Sections 40, 41 and 43]6
[(9) to (17)]7
(18) to exercise any other jurisdiction or authority which by this Act is expressly conferred on Assistant Collectors.
1. Ins. by U.P. Act 30 of 1975.
2. Subs. for the word "owner" by U.P. Act XVI of 1953.
3. Omitted by U.P. Act 30 of 1975.
4. Added by Sch. of U.P. Act XX of 1954 for the areas where U.P. Act 1 of 1951 has been enforced.
5. Clause (b) deleted by ibid.
6. Subs. by ibid.
7. Clauses (9) to (17) as under del. by S. 339(c), Sch. III, List II, Sl. 34 of U.P. Act I of 1951 for the areas where this Act has been enforced.
(9) To appoint lambardars duly nominated, under S. 45;
(10) to make settlements, under S. 96;
(11) to report on revenue-free holdings and to assess them to revenue, under S. 98;
(12) to assess alluvial lands, and revise assessments, under S. 99;
(13) to dispose of such of applications or proceedings referred to in S. 105 as may be made over to him by the Collector;
(14) to exercise the powers conferred on a Collector in partition cases, under Ss. 110, 111, 113, 117 to 123, 126 to 130 and 134;
(15) to receive applications for and carry out, the union of mahals, under S. 139;
(16) to attach and sell moveable property of defaulters, under S. 149;
(17) to fix rents, under Ss. 36, 186 and 187.
228. Powers of an Assistant Collector of first class not in charge of a sub-division.-An Assistant Collector of the first class not in charge of a sub-division of a district shall exercise all or any of the powers conferred on an Assistant Collector of the first class in charge of a sub-division in such cases or class of cases as the Collector may, from time to time, refer to him for disposal.
229. Powers of Assistant Collectors of second class.-Assistant Collectors of the second class shall have power to investigate and report on such cases as the Collector or Assistant Collector in-charge of a sub-division of a district may, from time to time, commit to them for investigation and report.
230. Powers of Assistant Record Officers.-An Assistant Record Officer may, subject to the control of the Record Officer, exercise all or any of the powers conferred by this Act on Record Officers.
1[231. Powers of subordinate authority to be exercised by superior authority.-Where any powers are to be exercised or duties to be performed by any officer or authority under this Act, such powers or duties may also be exercised or performed by an officer or authority superior to him or it.]
1. Ins. by U.P. Act No. 8 of 1977 (w.e.f. 28-1-1977).
232. Powers of Assistant Settlement Officers.-All other powers conferred on Settlement Officers by this Act shall be exercised by Assistant Settlement Officers under such restrictions as the officer in charge of a settlement may, from time to time, impose.
Note.-S. 232 stands omitted for the areas where U.P. Act 1 of 1951 has been enforced.
(B) Jurisdiction of Civil Courts
233. Matters excepted from cognizance of Civil Courts.-No person shall institute any suit or other proceeding in the Civil Court with respect to any of the following matters:
(a) the arrangement of [Lekhpals]1 [Halkas]2;
(b) claims by any person to any of the officer mentioned in 3[Sections 23 and 25], or to any emolument or fees appertaining such office, or in respect of any injury caused by his exclusion therefrom, or claims by any person to nominate person to such offices;
[(c)]4
(d) the formation of the record-of-rights or the preparation, signing, or attestation of any of the documents contained therein, or the preparation of the annual registers;
[(e) to (m)]5
1. Subs. for the word "patwaris" by U.P. Land Reforms (Amend.) Act, 1956.
2. Subs. for the word "circles' by U.P. Act XVI of 1953.
3. Subs. for "S. 23, 25 or 45" by ibid.
4. Clause (c) and Clauses (e) to (m) dele as under deleted by U.P. Act 1 of 1951, Sch. III for the areas where this Act has been enforced-
(e) the claims of any person to engage for the payment of revenue; or the validity of any engagement with the Crown for the payment of revenue, or the amount of revenue cess, or rate assessed or to be assessed, or distributed or to be distributed, on any mahal or portion of a mahal, or specific area under this or any other Act for the time being in force, or the amount to be paid to a proprietor by an inferior proprietor when that amount has been fixed by the Settlement Officer; or
the declaration of assessment, under S. 64 or the term of any settlement.
(f) any claims connected with, or arising out of, any process enforced on account of neglect or refusal to accept the assessment or terms of sub-settlement proposed by the Settlement Officer.
(g) any matters provided for in Ss. 75 to 83 (both inclusive).
(h) the preparation of the record referred to in Ss. 84 and 85.
(i) save as provided in S. 44, the determination of the class of a tenant, or of the rent payable by him, or the period for which such rent is fixed under this Act.
(j) any matters provided for in Ss. 92, 93 and 98.
(k) partition or union of mahals except as provided in Ss. 111 and 112.
(l) claims to set aside a sale for arrear of revenue except on the ground of fraud under S. 175.
(m) claims connected with or arising out of, the collection of revenue (other than claims under S. 183), or any process enforced on account of an arrear of revenue, on account of an arrear of revenue, on account of any sum which is by this or any other Act realizable as revenue.
5. Subs. by U.P. Act 23 of 1992 (w.e.f. 24-9-1992).
(C) Power to make rules
1[234. Power of Board of make rules.-(1) The Board may, with the previous sanction of the State Government, make rules consistent with the Act in respect of all or any of the following matters, namely:-
(a) prescribing the duties of Tahsildars and Naib-Tahsildars and regulating their postings and transfers and their appointment in temporary vacancies;
(b) prescribing the forms, contents, methods of preparation, attestation and maintenance of the record-of-rights and other records, maps, field books registers, and lists make or kept under this Act and prescribing the kind of land, if any, in respect of which any such record need not be prepared under Section 32;
(c) regulating the imposition of lines, under Section 38 for failure to notify successions and transfers.
(d) regulating the costs which may be recovered in or in respect of any proceeding under this Act;
(e) regulating the procedure to be followed by any officer (or other person), who under any provision of this Act is required or empowered to take action in any case or proceeding under this Act;
(f) generally for the guidance of all persons in a case or proceeding under this Act, and for carrying out the provisions of this Act in respect of such case or proceeding;
(g) regulating the issue of licences to persons to act as petition writers in the revenue courts, the conduct of business by such persons and the scale of fees to be charged by them, and the cancellation of such licences for breach of the terms and conditions thereof.
(2) Notwithstanding anything in sub-section (1), all rules made by the State Government of the Board under this section as it stood immediately before the date of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1975, and in force on such date shall continue in force until repealed, amended or altered by the competent authority.]
1. S. 234 Subs. by U.P. Act 30 of 1975.
Schedule 1
THE FIRST SCHEDULE
(See Section 1)
| Serial No. | Areas | |
| 1. | The Kumaun Division, consisting of the districts of1 Naini Tal, Almora and Garhwal (exclusive of the settled tracts of the Tarai sub-division of the Naini Tal District). | |
| 2. | In the Mirzapur District- | |
| (1) | The tappa of Agori Khas and south Kon, in the pargana of Agori. | |
| (2) | The tappa of British Singrauli, the pargana of Singrauli. | |
| (3) | The tappar of Phulwa Dudhi and Barha, in the pargana of Bechipar. | |
| (4) | The Dudhi Kham estate. | |
| 3. | [* * *]2 | |
| 4. | The tract of country known as Jaunsar-Bawar, in the Dehra Dun District. |
1. The Act, with certain modifications and restrictions, has since been extended under Ss. 5 & 5-A of the Scheduled Districts Act, 1874 (Act XIV of 1874), rep. by A.O. 1937 to these districts.
2. Serial No. 3 omitted by S. 2 & Sch. of U.P. Act VI of 1915.
Schedule 2
THE SECOND SCHEDULE
(See Section 2)
| Acts repealed | Extent of repeal | |
| Act No. XIX of 1873 | The Agra Province Land Revenue Act.1 | The whole, so far as not already repealed. |
| Act No. XVII of 1876 | The Oudh Land Revenue Act. | The whole, so far as not already repealed. |
| Act No. VIII of 18792 | The Agra Province Land Revenue Act, 1879.3 | Sections 2 to 17 and 25 to 27, inclusive. |
| Act No. IX of 18894 | The United Provinces Kanungos and Patwaris Act, 1889.5 | Sections 10, 11, 12, 17 and 19 |
| Act No. XX of 1890 | The North-Western Provinces and Oudh Act, 1890. | Section 3, 4, 12 to 16, 18 to 20, 21 (so far as not already repealed), 22 to 27, 32 to 34 and 64. |
1. As to the method of citing these Acts see S. 28(2) of the U.P. General Clauses Act, 1904 (U.P. Act I of 1904), supra.
2. The rest of Act rep. by the U.P. Local and Rural Police Rates Act, 1906 (U.P. Act II of 1906), which was rep. by U.P. Act I of 1914.
3. As to the method of citing these Acts see S. 28(2) of the U.P. General Clauses Act, 1904 (U.P. Act I of 1904), supra.
4. The rest of the Act rep. by the U.P. Act IV of 1906 which was rep. by U.P. Act XVII of 1919.
5. As to the method of citing these Acts see S. 28(2) of the U.P. General Clauses Act, 1904 (U.P. Act I of 1904), supra.
Application of the U.P. Land Revenue Act, 1901 to Kumaun and Uttarakhand
Notification No. 2532/IA-317-60, June 21, 19651
In exercise of the powers under sub-section (2) of Section 48 of the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (U.P. Act No. XVII of 1960), the Governor of Uttar Pradesh is pleased to make the following adaptations, modifications and alterations or exceptions, not affecting the substance, as specified in the Schedule annexed hereunder, i the provision of the U.P. Land Revenue Act, 1901 (U.P. Act No. III of 1901), as amended from time to time in its application to the area to which a notification under Section 4 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, relates, subject to which they shall apply to the area specified under a notification issued under sub-section (1) of Section 4 of the aforesaid U.P. Act No. XVII of 1960.
SCHEDULE
| Serial No. | Section of U.P. Act No. III of 1901 | Extent of adaptations, modifications, etc. | |
|---|---|---|---|
| 1 | 2 | 3 | |
| 1. | 4 | . . | For clause (3) as under, |
| "(3) ‘Lambardar’ means a co-sharer of a mahal appointed under this Act to represent all or any of the co-sharers in that mahal;" | |||
| the following shall be substituted: | |||
| "(3) ‘Lambardar’ means- | |||
| (a) a co-sharer of a mahal appointed under this Act to represent all or any of the co-sharer in that mahal or a mukhtar or recognised agent of such co-sharers whether called a malguzar, padhan or sirgiroh | |||
| (b) a gharpadhan." | |||
| 2. | 17 | . . | For the words "Naib-Tahsildars" the word "Peshkars" shall be substituted. |
| 3. | 21, 23 and 27 | For the words "lekhpal", "lekhpals", "lekhpals", "halka" and "halkas" wherever occurring, the words "Patwari", "Patwaris", "Circle" and "Circles" shall respectively be substituted. | |
| 4. | 38 | . . | For the words "three months" the words "six months" shall be substituted. |
| 5. | 43 | . . | For Section 43 as under, |
| "43. In case of any dispute regarding the revenue or rent payable by any tenure-holder, the Collector shall not decide the dispute, but shall record as payable, for the year to which the annual register refers, the rent payable for the previous year, unless it has been enhanced or abated by an order or agreement under this Act or the united Provinces Tenancy Act, 1939, or the U.P. Zamindari Abolition and Land Reforms Act, 1950." | |||
| the following shall be substituted: | |||
| "43. In case of any dispute regarding the revenue or rent payable by any tenure-holder, the Collector shall not decide the dispute, but shall record, as payable, for the year to which the annual register refers, the rent payable for the previous year, unless it has been enhanced or abated by an order or agreement under this Act or the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960." | |||
| 6. | 46 | . . | For the word "Lekhpal" wherever occurring the word "Patwari" shall be substituted. |
| 7. | 55 | . . | In Section 55 for clause (a), as under: |
| "(a) the class of tenure as determined by the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950," | |||
| the following shall be substituted: | |||
| "(a) the class of tenure as determined by the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960." | |||
| 8. | 224 | . . | For the words "Naib-Tahsildar" the word "Peshkar" shall be substituted. |
| 9. | 233 | . . | In Section 233, for the word "Lekhpal's" the word "Patwari's" shall be substituted and the following shall be added as clause (n) at the end: |
| "(n) Grants of unmeasured or unassessed waste lands," | |||
| 10. | 234 | . . | In clause (a), for the words "Naib-Tahsildars" the word "Peshkars" shall be substituted. |
1. Pub. In U.P. Gaz., Part I-A, dated June 26, 1965, p. 1367.