(1) This Act may be called the Uttar Pradesh Revenue Code, 2006. (2) It extends to the whole of Uttar Pradesh. (3) It shall come into force on such date1 as the State Government may, by notification, appoint, and different dates may be appointed for different areas or for different provisions of this Code.
The provisions of this Code, except Chapters VIII and IX shall apply to the whole of Uttar Pradesh, and Chapters VIII and IX shall apply to the areas to which any of the enactments specified at serial numbers 19 and 25 of the First Schedule was applicable on the date immediately preceding their repeal by this Code.
(1) Where after the commencement of this Code, any area is added to the territory of Uttar Pradesh, the State Government may, by notification, extend the whole or any provision of this Code, to such area. (2) Where any notification is issued under sub-section (1), the provisions of any Act, rule or regulation in force in the area referred to in the said sub-section, which are inconsistent with the provisions so applied, shall be deemed to have been repealed. (3) The State Government may, by a subsequent notification, amend, modify or alter any notification issued under sub-section (1).
(1) abadi or village abadi means such area in a village which, on the date of commencement of this Code, is being used for the purposes of residence of its inhabitants or for purposes ancillary thereto such as sahan and green trees, wells etc. or which may have been or be hereafter reserved for such use; (2) agriculture includes horticulture, animal husbandry, pisciculture, flower farming, bee keeping and poultry farming; (3) agricultural labourer means a person whose main source of livelihood is manual labour on agricultural land; (4) bank shall have the meaning assigned to it in the Uttar Pradesh Regulation of Money Lending Act, 1976; (5) Bhumi Prabandhak Samiti means a Bhumi Prabandhak Samiti constituted under section 28-A of the U.P. Panchayat Raj Act, 1947; (6) Board means the Board of Revenue constituted or deemed to be constituted under section 7; (7) charitable institution means any establishment, undertaking, organisation or association formed for a charitable purpose, and includes a specific endowment; (8) collector means an officer appointed as such by the State Government under sub-section (1) of section 12, and shall include- (a) an Additional Collector appointed by the State Government under sub section (2) of the said section; and (b) an Assistant Collector of the first class empowered by the State Government by notification to discharge all or any of the functions of a Collector under this Code; (9) Consolidated Gaon Fund means the Consolidated Gaon Fund constituted under section 69; 1[(10)] . family, in relation to a tenure-holder, means himself or herself and his wife or her husband or third gender spouse, as the case may be, (other than a judicially separated wife or husband or third gender spouse), minor sons and minor daughters other than married daughters and third gender minor issue. Explanation- Third Gender means such a person who is of a gender different from the male or female gender. (11) grove land means any specific part of land in a holding having trees (not including papaya or banana plants) planted thereon in such manner that they preclude, or when full grown will preclude, the land or any considerable portion thereof from being used primarily for any other purpose, and the trees on such land shall constitute a grove; (12) holding means a parcel of lands held under one tenure or one lease, engagement or grant; (13) improvement in relation to a holding, means any work which adds materially to the value of the holding which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it, and, subject to the foregoing provisions, includes- (i) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes; (ii) the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water; (iii) the planting of trees and the reclaiming, clearing, enclosing, leveling or terracing of land; (iv) the erection of buildings on, or in the vicinity of the holding elsewhere than in an abadi or urban area, required for the convenient or profitable use or occupation of the holding; and (v) the renewal or reconstruction of any of the foregoing works, or alteration therein or additions thereto; (14) land , except in Chapters VII and VIII and sections 80, 81 and section 136, means land held or occupied for purposes connected with agriculture; (15) land holder means the person to whom rent is or but for a contract, express or implied, would be payable; (16) " 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, Chief Revenue Officers, Assistant Collectors, Settlement Officers, Assistant Settlement Officers,Record Officers, Assistant Record Officers, Tahsildars, Tahsildars (Judicial) and Naib Tahsildars; (17) " Revenue Officer " means the Commissioner, an Additional Commissioner, the Collector, an Additional Collector, the Chief Revenue Officer, the Sub-Divisional Officer, an Assistant Collector, the Settlement Officer, an Assistant Settlement Officer, the Record Officer, an Assistant Record Officer, the Tahsildar, the Tahsildar (Judicial), the Naib Tahsildar and the Revenue Inspector; (18) Sub-Divisional Officer means the Assistant Collector in charge of the Tahsil; (19) taungya plantation means the system of afforestation in which the plantation of trees is, in the earlier stages, done simultaneously with the cultivation of agricultural crops which ceases, when trees so planted begin to form a canopy, rendering the cultivation of agricultural crops impossible; (20) village means any local area whether compact or otherwise, recorded as a village in the revenue records of the district concerned, and includes an area which the State Government may, by general or special notification, declare to be a village; (21) village artisan means a person whose main source of livelihood is manufacture or repair of traditional tools, implements and other articles or things used for agriculture or purposes ancillary thereto, and includes a carpenter, weaver, potter, blacksmith, silversmith, goldsmith, barbar, washerman, cobbler or any other person who normally earns his livelihood by practising a craft either by his own labour or by labour of any member of his family in any village; (22) words and expressions Gaon Fund, Gram Sabha and Gram Panchayat shall have the meanings assigned to them in the U.P. Panchayat Raj Act, 1947; (23) agricultural year means an year which begins from the first day of July and ends on thirtieth day of June of a calendar year. It is also characterised as fasli year; (24) intermediary with reference to any estate means a proprietor, underproprietor,sub-proprietor, thekedar, permanent lessee in Avadh and permanent tenure-holder of such estate or part thereof; (25) lease in relation to mines and minerals shall include a sub-lease, a prospecting lease and an agreement to lease or sublet, and lessee shall be construed accordingly; (26) decree shall have the meaning assigned to it in the Code of Civil Procedure, 1908 (Act no.V of 1908); (27) State Government means the Government of Uttar Pradesh; (28) Central Government shall have the meaning assigned to it in section 3 of the General Clauses Act, 1897 (Act no.X of 1897); (29) Minjumla number means a shajra number denoting a component part of a field which has theoretically been partitioned but physically has not been partitioned.
For the purposes of this Code, the State shall be divided into revenue areas comprising of divisions which may consist of two or more districts, and each district may consist of two or more Tahsils and each Tahsil may consist of one or more parganas, and each pargana may consist of two or more villages.
(1) The State Government may, by notification, specify-
(1) There shall be a Board of Revenue for Uttar Pradesh consisting of a Chairman and such other members as the State Government may,from time to time, appoint:
(1) The Board shall be the Chief Controlling Authority-
(1) Subject to such rules or orders as the State Government may make or issue, the Board may distribute its business amongst its members as the Board may deem fit. Chairman may constitute bench or benches consisting of more than one member for disposal of a particular case or class of cases.
(1) Where any proceeding coming under the consideration of the Board on appeal or in revision is heard by a Bench composed of two or more members, the case shall be decided in accordance with the opinion of such members or of the majority, if any, of such members.
(1) The State Government 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 by or under this Code or any other law for the time being in force, and shall exercise authority over all the revenue officers in his division.
(1) The State Government shall appoint, in each district, a Collector who shall be in-charge of the revenue administration thereof and shall exercise all the powers and discharge all the duties conferred and imposed on a Collector by or under this Code or any other law for the time being in force.
(1) The State Government may appoint in each district as many persons as it thinks fit to be Assistant Collectors of the first or second class.
(1) The State Government may appoint in each district as many persons as it thinks fit to be Tahsildars and Tahsildar Judicial.
The State Government may appoint in each district as many persons as it thinks fit to be Naib-Tahsildars who shall exercise the power and perform the duties conferred or imposed on them by or under this Code or under any other law for the time being in force.
(1) The Collector may appoint in each tahsil one or more Revenue Inspectors for the proper supervision, maintenance and correction of the village records, and for such other duties as the State Government may, from time to time, by general or special order specify.
It shall be lawful for the State Government or the authority competent to appoint, as the case may be, to appoint one and the same person, being otherwise competent according to law for any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as it may deem expedient.
(1) The Collector may in cases in which there is claim outstanding on any revenue officer or on any person formerly employed as such in his district for public money or papers or other property of the State Government in his charge, by order, for reasons to be recorded, require the money, or the particular papers or property detained to be delivered either immediately to the bearer of the said order or to such person on such date and at such place as the order may specify.
(1) When any power is exercisable or any duty is dischargeable by any officer or authority under this Code, such power or duty may be exercised or discharged by any superior officer or authority as well.
(1) Boundaries of all villages in the State and of all survey numbers in a village shall be fixed and demarcated by boundary marks.
(1) Every tenure-holder shall be responsible to maintain and repair at his cost the boundary marks lawfully erected in his holding or on the boundary thereof.
(1) If any boundary mark lawfully erected in a Lekhpal circle is destroyed, removed or damaged, then the concerned Lekhpal shall be bound promptly to report the matter to the Naib Tahsildar.
(1) The Sub-Divisional Officer may, on receipt of the recommendations of the Naib Tahsildar under section 22, or otherwise, require a Gram Panchayat in relation to a village and a tenure holder in relation to his holding, to erect or restore proper boundary marks or to repair or replace the same in such manner as may be prescribed.
(1) The Sub-Divisional Officer may, on his own motion or on an application made in this behalf by a person interested, decide, by summary inquiry, any dispute regarding boundaries on the basis of existing survey maps or, where they have been revised in accordance with the provisions of the Uttar Pradesh Consolidation of Holdings Act, 1953, on the basis of such maps, but if this is not possible, the boundaries shall be fixed on the basis of actual possession.
In the event of any dispute arising as to the route by which a tenure holder or an agricultural labourer shall have access to his land or to the waste or pasture land of the village (other than by the public roads, paths or common land) or as to the source from or course by which he may avail himself of irrigational facilities, the Tahsildar may, after such local inquiry as may be considered necessary, decide the matter with reference to the prevailing custom and with due regard to the convenience of all the parties concerned. He may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed.
If the Tahsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed.
The Sub-Divisional Officer may call for the record of any case decided by the Tahsildar under section 25 or 26,for the purpose of satisfying himself as to the legality or propriety of such decision, and may, after affording opportunity of hearing to the parties concerned, pass such orders as he thinks fit:
No order made under this Chapter shall debar any person from establishing such right of easement or customary right as he may claim by a civil suit.
(1) The Collector shall prepare and maintain a register, in the form prescribed, containing list of all villages in his district and shall show therein-
(1) The Collector shall maintain, in the manner prescribed, a map and a field book (khasra) for each such village and shall cause to be recorded therein, annually, or at such longer intervals as may be prescribed, all changes in the boundaries of the village or survey numbers, and shall also cause to be corrected, any errors or omissions which are, from time to time, detected in such map or field book (khasra).
(1) The Collector shall maintain, in the form and manner prescribed, a record of rights (khatauni) for each village, which shall contain the following particulars, namely
(1) Subject to the control of the Collector, the Sub-Divisional Officer, the Tahsildar, or the Revenue Inspector shall record, in the manner hereinafter provided in this Chapter, all changes in the record of rights (Khatauni), the field book (Khasra) and the map that may take place, and all transactions that may affect any of the rights or interests recorded, and correct therein any errors proved to have been made in the records previously prepared: Provided that order for correction in map shall be passed by the Collector.
(1) Every person obtaining possession of any land by succession shall submit report of such succession to the Revenue Inspector of the circle in which the land is situate in such form as may be prescribed.
(1) Every person obtaining possession of any land by transfer, other than a transfer referred to in sub-section (3) of section 33 shall report such transfer, in the manner prescribed, to the Tahsildar of the Tahsil in which the land is situate. Explanation.- For the purposes of this section, the word transfer includes a family settlement. (2) State Government may fix a scale of fees for getting entry recorded in the record of rights on the basis of transfer. A fee in respect of any such entry shall be payable by the person in whose favour the entry is to be made.
(1) On the receipt of a report under section 33 or section 34, or upon facts otherwise coming to his knowledge, the Tahsildar shall issue a proclamation and make such inquiry as appears to be necessary and-
(1) Notwithstanding anything contained in section 34, where any document purporting to create, assign or extinguish any title to or any charge on land or in respect of which a record of rights (Khatauni) is prepared, is registered under the Registration Act, 1908 the registering authority shall send intimation to the Tahsildar within whose jurisdiction such land is situate in such form and within such time, as may be prescribed.
No suit or other proceeding shall lie in any revenue court at the instance of any person obtaining possession of any land by succession or transfer, until he has made a report under section 33 or section 34, as the case may be.
(1) An application for correction of any error or omission in the map, filed-book (Khasra) or record of rights (Khatauni) shall be made to the Tahsildar in the manner prescribed.
No order passed by a Revenue Inspector under section 33, or by a Tahsildar under sub-section (1) of section 35 or by a Sub-Divisional Officer under sub-section (3) of section 38 or by a Commissioner under sub-section (4) of section 38 shall debar any person from establishing his rights to the land by means of a suit under section 144.
All entries in the record of rights (Khatauni) prepared in accordance with the provisions of this Code shall be presumed to be true, until the contrary is proved.
(1) Every time when a record of rights (Khatauni) is prepared under this Chapter, the Collector shall as soon as may be, cause to be supplied to every tenure-holder, a Kisan Bahi containing such particulars as may be prescribed.
Every person whose rights, interests or obligations are required to be or have been entered in any record or register maintained under this Chapter shall be bound, on the requisition of any revenue officer engaged in compiling or revising such record or register, to furnish or produce for his inspection, within such time as may be specified, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.
(1) Whenever the State Government is of opinion that in any district or other local area, a revision of records or a re-survey, or both is necessary, it shall publish a notification to that effect, and thereupon such district or area shall be deemed to be under record operation or survey operation or both, as the case may be.
(1) The State Government may appoint a Record Officer who shall be in-charge of the record operation or the survey operation or both and may also appoint as many Assistant Record Officers as it may deem fit.
Where any district or other local area is under record or survey operation, the powers conferred by sections 23 to 26 shall be exercised by the Record Officer.
When any district or other local area is under record operation, the Record Officer shall cause to be revised, for each village comprised therein, the field book (khasra) and the record of rights (khatauni) or the record of abadi or village abadi.
When any district or other local area is under survey operation, the Record Officer shall cause to be prepared for each village comprised therein, a map, and thereafter, proceed to revise the field book (Khasra) and the record of rights (Khatauni) or the record of abadi or village abadi, as the case may be.
When any local area is under survey operation the Record Officer may issue a proclamation directing all Gram Panchayat 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, he may cause such boundary marks to be erected, and the Collector shall recover the cost of their erection from the Gram Panchayats or Bhumidhars concerned.
(1) For revising the map and records under sections 46 and 47, the Record Officer shall, subject to the provisions of sub-sections (2) to (8), cause to be carried out survey, map correction, field to field partal and test and verification of current record of rights (Khatauni) in accordance with the procedure prescribed.
After the revision of map or records in accordance with section 49, the Assistant Record Officer shall confirm or amend the record of rights (Khatauni) under his dated signature.
The Assistant Record Officer shall thereafter prepare, for each village in the area under the record or survey operation, the records specified in sections 30 and 31 on the basis of the record of rights (Khatauni) referred to in section 50 and the records so prepared shall be maintained by the Collector in place of the records previously existing.
(1) The provisions of this Chapter shall, mutatis mutandis, apply to a record operation or survey operation in respect of every such village or part thereof, where no map or other record referred to in section 46 or section 47 is available, and for this purpose, the Record Officer shall follow such procedure as may be prescribed.
All entries in the record of rights (Khatauni) prepared in accordance with the provisions of this Chapter shall be presumed to be true until the contrary is proved.
All public roads, lanes and paths, bridges, ditches, dykes and fences on or beside them, the bed of rivers, streams, nallas, lakes, ponds and tanks and all canals and water channels, and all standing and flowing water, and all lands wherever situated, which are not owned by any person, and except insofar as any rights of any persons may be established in or over the same, and except as may be otherwise provided in any law for the time being in force, are hereby declared, with all rights in or over the same, or appertaining thereto, to be the property of the State Government:
(1) Notwithstanding anything contained in this Code, the right to operate or work in any mine or to extract any mineral there from shall be governed by the Mines and Minerals (Development and Regulations) Act, 1957.
(1) All trees existing on any holding or grove shall, subject to the provisions of this Code or any other law for the time being in force, be deemed to belong to the person who holds such holding or grove.
(1) Where before the commencement of this Code, any fruit bearing tree was planted by any person on either side of any public road or path or canal with the permission in writing of any revenue officer or any officer of the Forest or Public Works Department or Irrigation Department of the State Government, not below the rank of a Tahsildar or an Assistant Conservator of Forest or an Assistant Engineer, as the case may be, then, notwithstanding that such land vests in the State Government, such person and his legal representative shall be entitled to the fruits of such trees without payment of any charges whatsoever.
(1) Where any dispute arises in respect of any property referred to in section 54 or section 56 or section 57 or in respect of any right to such property, such dispute shall be decided by the Collector.
(1) The State Government may, by general or special order to be published in the manner prescribed, entrust all or any of the things specified in subsection (2), which vest in the State Government, to a Gram Panchayat or other local authority for the purposes of superintendence, preservation, management and control in accordance with the provisions of this Code.
(1) Subject to the provisions of this Code, every Bhumi Prabandhak Samiti shall be charged, for and on behalf of the Gram Panchayat, with the superintendence, preservation, management and control of all land and other things entrusted or deemed to be entrusted to that Gram Panchayat under section 59 or over which such Gram Panchayat is entitled to take possession under this Code or any other law for the time being in force.
Where a tank in any village is entrusted or deemed to be entrusted to any Gram Panchayat under section 59, then, notwithstanding anything contained in any contract or grant or and law for the time being in force, its management by such Gram Panchayat shall be regulated by the following conditions, namely:-
(1) Subject to the provisions of sub-section (2) and such other conditions as may be prescribed, the Chairman or such members of the Bhumi Prabandhak Samiti as may be authorised in this behalf by such Samiti, may sign any document and do all other things for the proper conduct and prosecution of suits and other proceedings for and on behalf of the Gram Panchayat.
(1) The Sub-Divisional Officer may of his own motion or on the resolution of the Bhumi Prabandhak Samiti earmark the following classes of land for the provision of abadi sites for allotment to persons specified in section 64:-
(1) The following order of preference shall be observed in making allotment of land referred to in section 63:-
(1) Where any land referred to in section 63 has been allotted for building a house under section 64, and any person other than an allottee is in occupation of such land in contravention of the provisions of this Code, the Sub-Divisional Officer may, of his own motion and shall, on the application of the allottee, put the allottee in possession of such land, and may, for that purpose, use or cause to be used such force as he may consider necessary.
(1) The Collector may, of his own motion and shall, on the application of any person aggrieved by an allotment of land made under section 64, inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment, and thereupon, the right, title and interest of the allottee and of every other person claiming through him in the land allotted shall cease.
(1) Where any property entrusted or deemed to be entrusted under the provisions of this Code to a Gram Panchayat or other local authority is damaged or misappropriated, or where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of this Code and such land is occupied otherwise than in accordance with the said provisions, the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed.
(1) If any person referred to in sub-section (1) of section 64 has built a house on any land referred to in section 63 of this Code, not being land reserved for any public purpose, and such house exits on the November 29, 2012, the site of such house shall be held by the owner of the house on such terms and conditions as may be prescribed.
(1) All sums received under this Code by a Gram Sabha, Gram Panchayat or a Bhumi Prabandhak Samiti shall be credited to the Gaon Fund:
(1) There shall be established for each district, a Consolidated Gaon Fund to which the following amounts shall be credited, namely-
(1) The State Government and, subject to its control, the Collector may issue such orders or directions to the Bhumi Prabandhak Samiti as may appear to be necessary for purposes of this Code.
If at any time the Collector is satisfied that-
(1) The State Government may, on such terms and conditions and in such manner as may be prescribed, appoint-
(1) In any suit or other proceedings under this Code, the Gram Panchayat shall be represented-
There shall be following classes of tenure holders, namely-
Every person belonging to any of the following classes, shall be called bhumidhar with transferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhar by or under this Code namely,
(1) Every person belonging to any of the following classes shall be called a bhumidhar with non-transferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhar by or under this Code namely:-
(1) Notwithstanding anything contained in this Code or any other law for the time being in force; no person shall acquire the rights of a bhumidhar in the following land:-
Every person belonging to any of the following classes, shall be called an asami, and shall have all the rights and be subject to all the liabilities conferred or imposed upon such asami by or under this Code, namely:-
(1) A bhumidhar with transferable rights shall, subject to the provision of this Code, have the right to exclusive possession of all land of which he is such a bhumidhar and to use it for any purpose whatsoever.
(1) Where a bhumidhar with transferable rights uses his holding or part thereof, for industrial, commercial or residential purposes, the Sub-Divisional Officer may, suomotu or on an application moved by such bhumidhar, after making such enquiry as may be prescribed, ether make a declaration that the land is being used for the purpose not connected with agriculture or reject the application. The Sub-Divisional Officer shall take a decision on the application within forty five working days from the date of receipt of the application. In case the application is rejected, the Sub-Divisional Officer shall state the reasons in writing for such rejection and inform the applicant of his decision.
Where a declaration has been made under 1 sub section (1) of section 80 the following consequences shall, in respect of such holding or part to which it relates ensue:
(1) Whenever any holding or part thereof in respect of which a declaration has been made under section 80 is used for any purpose connected with agriculture, the Sub-Divisional Officer may, of his own motion or on an application made in that behalf and after making such inquiry as may be prescribed, cancel such declaration.
Every declaration under section 80 or cancellation under section 82 shall be recorded in record of rights in the manner as may be prescribed and even after declaration under section 80, the mutation order on the basis of transfer or succession shall be passed in the manner prescribed.
An asami shall, subject to the provisions of this Code, have the right to exclusive possession of all land comprised in his holding and to use such land for any purpose connected with agriculture:
(1) Where a bhumidhar with non-transferable rights uses his holding or part thereof, in contravention of the provisions of section 79, he shall, notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part on the suit of the Gram Panchayat.
Where a bhumidhar with non-transferable rights or an asami has been ejected from any holding or part thereof in accordance with section 85, all rights and interest of such bhumidhar or asami in such holding or part together with any improvements made therein shall stand extinguished.
(1) It shall be lawful for a bhumidhar to make any improvement in the land of which he is bhumidhar for cultivation of such land or for more convenient use thereof.
(1) The interest of a bhumidhar with transferable rights shall, subject to the provisions of this Code, be transferable.
(1) No bhumidhar shall have the right to transfer any holding or part thereof where such transfer contravenes or is likely to contravene the provisions of sub-section (2) or sub-section (3).
Notwithstanding anything contained in this Code or in any other law for the time being in force, no person, other than an Indian citizen, shall have the right to acquire any land, by sale or gift, or in any other manner involving transfer of possession in his favour, without prior permission in writing from the State Government.
No bhumidhar shall have right to mortgage any holding or its part where possession of the mortgaged property is transferred or agreed to be transferred to the mortgagee as security for the amount of mortgage advanced or to be advanced or for interest thereon.
Subject to the provisions of this Code, the interest of a bhumidhar with non-transferable rights in any holding or its part may be-
If any bhumidhar transfers possession of any holding or part thereof for the purpose of securing any money advanced by way of loan or in lieu of interest on such loan, then, notwithstanding anything contained in any law or contract or document of transfer, the transaction shall be deemed at all times and for the purposes of this Code, to be a sale to the transferee, and to every such sale, the provisions of section 89 shall apply.
(1) A Bhumidhar may lease out his holding or any part thereof to Lease by a any person, firm, company, partnership firm, limited liability Bhumidhar partnership firm, trust, society or any other legal entity for agriculture or for setting up a solar energy plant. Such lease shall be known as the private lease by a bhumidhar.
Private lease by a bhumidhar may be oral or in writing or Registered.
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(1) Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste, except with the previous permission of the Collector in writing:
Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled tribe shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled tribe.
A bhumidhar or an asami belonging to a scheduled caste or a scheduled tribe may, notwithstanding anything contained in any other provision of this Code, transfer his interest in any holding or part, by mortgage without possession as security for a loan taken or to be taken from the State Government or any institution referred to in clause (a) of section 92.
(1) Notwithstanding anything in section 77 of this Code, any bhumidhar may with prior permission in writing of the Sub-Divisional Officer exchange his land with the land-
Where an exchange is made in accordance with section 101-
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Every Lease or transfer of interest in any holding or part thereof made by a bhumidhar or any asami in contravention of the provisions of this Code shall be void.
(1) Where transfer of interest in any holding or part made by a bhumidhar is void under section 104, the following consequences shall, with effect from the date of such transfer, ensue, namely:-
Where transfer of interest in any holding or part made by an asami is void under section 104, such asami shall be liable to ejectment on the suit of the Gram Panchayat or other land holder, as the case may be, in accordance with the provisions of this Code.
(1) Subject to the provisions of subsection (2), a bhumidhar with transferable rights may bequeath his interest in any holding by will.
(1) Subject to the provisions of section 107, where a bhumidhar, asami or government lessee, being a male 1 third gender dies, his interest in his holding shall devolve upon his heirs being the relatives specified in sub-section (2) in accordance with the following principles, namely:-
Where before or after the commencement of this Code, any woman inherits the interest of a male 1third gender bhumidhar, asami or government lessee in any holding, and such woman dies, marries or remarries after such commencement, then, her interest in the holding shall, subject to the provisions of sections 107 and 112 devolve upon the nearest surviving heir of the last male 1third gender bhumidhar, asami or government lessee, as the case may be.
Where any female bhumidhar asami or a government lessee dies, after the commencement of this code, then her interest in any holding or its part shall subject to the provisions of section 107 to 109, devolve, in accordance with the order of succession given below.
etc. - Nothing in this Chapter shall be construed to apply to the devolution of management of a Hindu devasthan, math or debutter property or of a Muslim waqf comprising any holding, which shall continue to be governed by such personal or other law as may be applicable to it.
(1) Where before or after the commencement of this Code, two or more co-widows inherit the interest of a male tenure-holder, and any one of them dies or remarries after such commencement without leaving any heir entitled to succeed in accordance with section 108, the interest of such co-widow shall pass by survivorship to the surviving widow, and where there are two or more surviving co-widows, then to the surviving co-widows in equal shares.
Notwithstanding anything contained in this Code or any other law for the time being in force, no person other than an Indian citizen and person of Indian origin who has acquired citizenship of any other country shall be entitled to acquire any land or any interest therein either by bequest or by inheritance.
The devolution of interest in any holding under this Chapter shall be subject to the following conditions :-
(1) Where a bhumidhar or an asami holding land from a Gram Panchayatdies without known heirs, the Sub-Divisional Officer may take possession of the land held by such bhumidhar or asami, and may lease it for a period of one agricultural year at a time, in the manner prescribed.
(1) A bhumidhar may sue for the division of the holding of which he is a co-sharer.
(1) In every suit for division of holding under section 116 the Court of Assistant Collector shall-
(1) A bhumidhar may surrender his interest in any holding or any part thereof by giving an application in writing to the Tahsildar intimating his intention to do so and by giving up possession thereof to him whether or not such holding is let.
An asami may surrender his interest in any holding (but not any part thereof) by giving notice in writing to the land holder intimating his intention to do so, and by giving up possession thereof to him.
(1) A bhumidhar or asami shall be deemed to have surrendered any land held by him, with effect from the date when possession over such land is given up in accordance with section 118 or section 119.
Notwithstanding the provisions of sections 118 to 120, the bhumidhar, or asami shall continue to be liable to pay the land revenue or the rent, as the case may be, for the holding in respect of the agricultural year next following the date of surrender, unless the notice of surrender was given before the first day of April.
(1) If a bhumidhar does not pay the land revenue and does not use the land for agriculture for a continuous period of three agricultural years and has left the village in which he usually resides and whose whereabouts are not known, then the Collector may, after such inquiry, as he may deem necessary, take possession of the land held by such bhumidhar.
Where any holding has been abandoned under section 122, the following consequences shall ensue, namely-
(1) When the interest of a bhumidhar in any land is extinguished under the provisions of this Code or any other law for the time being in force, the Sub-Divisional Officer may, on the application of the Gram Panchayat concerned evict any person in unauthorized occupation of such land and deliver possession thereof to the Gram Panchayat in such manner as may be prescribed.
The Bhumi Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer, admit any person as 63 (a) bhumidhar with non-transferable rights to any land entrusted or deemed to be entrusted to the Gram Panchayat under section 59 other than land specified in section 77;
(1) In the admission of any person to land as bhumidhar with non-transferable rights or as asami under section 125, hereinafter in this Chapter referred to as allotment of land, the Bhumi Prabandhak Samiti shall observe the following order of preference:-
(1) Where any land is allotted to a person in accordance with sections 125 and 126 and any tree or other improvement exists on such land, then unless the contrary intention appears, such tree or improvement shall also be deemed to be allotted to the person concerned along with the land.
(1) the Collector may, of his own motion and shall on the application of any person aggrieved, inquire in the manner prescribed into any allotment and if he is satisfied that the allotment is in contravention of the provisions of this Code or any of the enactments repealed by this Code or the rules made there under, he may cancel the allotment and the lease, if any.
(1) Where any person is admitted to any land in accordance with section 125, or where any land is let out to any person by the State Government, and any person, other than the allottee or lessee, is in occupation of such land in contravention of the provisions of this Code, the Assistant Collector may, of his own motion, and shall, on the application of the allottee or the lessee, as the case may be, put him in possession of such land, and may for that purpose use or cause to be used such force as he considers necessary.
No bhumidhar shall be liable to ejectment from the land held by him except as provided by or under this Code.
(1) No asami shall be liable to ejectment from the land held by him, except on the suit of the landholder or Gram Panchayat, which may be filed on one or more of the following grounds, namely-
(1) Where in execution of a decree passed in a suit under section 131, an asami is ejected, and the Court is satisfied that any ungathered crops or trees belonging to the judgment debtor exist on the land, the Court shall, notwithstanding anything contained in the Code of Civil Procedure, 1908, proceed in the following manner:
The Gram Panchayat, or the landholder may, in lieu of suing for ejectment of an asami under section 131, file a suit in the Court of Sub-Divisional Officer:
(1) Where a person takes or retains possession of any land forming part of the holding of any bhumidhar or asami otherwise than in accordance with the provisions of the law for the time being in force and without the consent of such bhumidhar or asami, such person shall be liable to ejectment on the suit of the bhumidhar or asami concerned, and shall also be liable to pay damages at the rate prescribed.
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(1) Notwithstanding anything contained in other provisions of this Code, the Sub- Divisional Officer may, of his own motion or on the application of the Gram Panchayat or other local authority, eject any person taking or retaining possession of any land specified in sub-section (2), if such possession is in contravention of the provisions of this Code and is without the consent of such Gram Panchayat or the local authority and shall also be liable to pay damages at the rates prescribed.
(1) An asami ejected or apprehending ejectment from or prevented from obtaining possession of any land otherwise than in accordance with the provisions of any law for the time being in force, may sue the person so ejecting him, trying to eject him or keeping him out of possession (i) for possession of the land; or
Subject to such restrictions and conditions as may be prescribed, an asami shall, on being admitted to the occupation of any land, be liable to pay such rent as may be agreed upon between him and his land holder or the Gram Panchayat, as the case may be.
(1) Where any person is in occupation of any land as an asami, without the rent being agreed upon, the asami or his land holder may apply to the Tahsildar for fixation of rent.
Where the Court hearing a suit for recovery of arrears of rent is satisfied that the holding was substantially decreased by diluvion or otherwise, or the produce thereof was substantially diminished by drought, hail, deposit of sand or other calamity during the period for which the arrear is claimed, it may allow such remission from the rent, as may appear to it to be just:
(1) Where the rent in respect of any holding is payable otherwise than in cash, the Assistant Collector may, of his own motion, or on the application of the Gram Panchayat or the person by or to whom the rent is payable, commute the rent in the manner prescribed.
Arrears of rent due from an asami holding land from Gram Panchayat or other local authority either before or after the commencement of this Code, shall be recoverable as an arrear of land revenue.
The whole or any part of the arrears of rent, in respect of any land or other property entrusted or deemed to be entrusted to a Gram Panchayat or other local authority under the provisions of this Code may, in such circumstances as may be prescribed, be written off as irrecoverable by the Bhumi Prabandhak Samiti or by the local authority, as the case may be, by resolution passed in that behalf:
(1) Any person claiming to be a bhumidhar or asami of any holding or part thereof, whether exclusively or jointly with any other person, may sue for a declaration of his rights in such holding or part.
Notwithstanding anything to the contrary contained in section 34 of the Specific Relief Act, 1963, the Gram Panchayat may institute a suit against any person claiming to be entitled to any right in any land for the declaration of the right of such person in such land, and the Court may, in its discretion make a declaration of the right of such person, and the Gram Panchayat need no in such suit ask for any further relief.
If in the course of a suit under section 144 or 145, it is proved by affidavit or otherwise-
Every person who holds any land on lease from the State Government, whether such lease was granted before or after the commencement of this Code, shall be called a Government lessee in respect of such land.
Notwithstanding anything contained in this Code, every Government lessee shall be entitled to hold such land in accordance with the terms and conditions of the lease.
A Government lessee may be evicted from the land held by him on one or more of the following grounds, namely-
The provisions of the Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972 shall, mutatis mutandis, apply to the eviction of Government lessee as they apply to the unauthorized occupants within the meaning of that Act, and the Sub- Divisional Officer shall be deemed to be the prescribed authority for the purposes of that Act.
(1) If a person takes or retains possession over any land, let out to a Government lessee, otherwise than in accordance with the terms and conditions of the lease and without the consent of such lessee, such person shall be liable to ejectment on the suit of the Government lessee concerned and shall also be liable to pay damages at the rates prescribed.
Arrears of rent or any other sum due from a Government lessee may be recovered as an arrear of land revenue.
(1) All lands held by abhumidhar, wherever situate and to whatever purpose applied, shall be liable to assessment (by such authority and in such manner as may be prescribed) and payment of land revenue to the State Government:
(1) Every person, who held any land as a bhumidhar from before the date of commencement of this Code, shall pay and continue to pay to the State Government, the same amount of land revenue which he was liable to pay in respect of such land for the agricultural year preceding the year in which this Code comes into force.
Notwithstanding anything contained in this Chapter, the land revenue payable by a bhumidhar may be varied in the manner prescribed on the ground of an increase or decrease in the area of his holding or in the productivity of the land comprised therein by fluvial action or other natural cause
Notwithstanding anything contained in this Code, every member of a family, the total area of land held by whose members as bhumidhar, does not exceed 1.26 hectares (3.125 acres) shall be exempted from the liability to pay land revenue to the State Government.
(1) Notwithstanding anything contained in this Code, the State Government may, on the occurrence of an agricultural calamity affecting the crops of any village or part of a village, remit or suspend, for any period, the whole or any part of the land revenue of any holding affected by such calamity.
Whenever the land revenue is increased or decreased under section 155 or is remitted or suspended under section 157, the State Government may increase or decrease or, as the case may be, remit or suspend the whole or part of any rent payable by an asami, other than an asami of a Gram Panchayat.
Where the payment of any rent has been suspended under section 157-
(1) The Collector shall inquire annually into the case of all lands exempted from the payment of land revenue.
Where the amount payable on account of land revenue or any instalment thereof involves a fraction of a rupee, the same shall be rounded off to the nearest rupee, and for this purpose, where such amount contains a part of a rupee, then if such part is fifty paise or more, it shall be increased to one rupee, and if such part is less than fifty paise, it shall be ignored.
Every order of the State Government under this Chapter shall be final and shall not be called in question in any Court.
(1) The land revenue assessed on any holding shall be the first charge on such holding, and also on trees or buildings standing thereon or the rents, profits or produce thereof.
All co-bhumidhars of any holding shall be jointly and severally liable to the State Government for the payment of land revenue for the time being assessed thereon and all persons succeeding whether by devolution or otherwise to the interest of such bhumidhars shall be liable for all arrears of land revenue due in respect of such land.
The land revenue leviable in respect of an agricultural year shall become due on the first day of that year, and shall be payable at such times, in such instalments, to such persons, at such places and in such manner as may be prescribed
The State Government may make such arrangement and employ such agency for the collection of land revenue as it may deem fit.
Any land revenue due and not paid on or before the date specified in section 165 becomes there from an arrear and the persons liable for its payment shall become defaulters.
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 land revenue, of its amount and of the person who is the defaulter.
As soon as an arrear of land revenue has become due, a writ of demand may be issued by the Tahsildar against the defaulter calling upon him to appear or to pay the amount within a time to be specified.
(1) An arrear of land revenue remaining unpaid within the time specified in the writ of demand, may be recovered by any one or more of the following processes, namely-
(1) Any person committing default in payment of an arrear of land revenue may be arrested and detained in custody in the Tahsil lock-up and if there is no such lock-up, at such other place as may be prescribed, for a period not exceeding fifteen days, unless the arrears are sooner paid.
(1) The Sub-Divisional Officer may attach and sell movable properties of the defaulter including agricultural produce.
The attachment of any bank account of the defaulter shall, so far as possible, be made by serving a garnishee order on the manager in charge of the branch of the bank concerned in the manner laid down in Rules, 46, 46-A and 46-B of Order XXI contained in the First Scheduled to the Code of Civil Procedure, 1908, and in the case of a locker hired by the defaulter, the same shall be sealed in the presence of such manager who shall, thereafter, await further orders of the Sub-Divisional Officer regarding preparation of inventory of its contents and their ultimate disposal.
(1) The Collector may attach any land in respect of which any arrears of land revenue is due.
(1) Where any land is attached under section 174 the Collector may, notwithstanding anything contained in this Code, but subject to such conditions as may be prescribed, let out the same for such period not exceeding ten years (commencing from the first day of July next following) as he deems fit, to any person other than the defaulter.
(1) Where a suitable person is not forthcoming to take on lease the land attached under section 174, or where the lease of such land is determined under section 175, the Collector may sell the whole or any part of such land in such manner as may be prescribed and appropriate the sale proceeds in accordance with section 200.
Notwithstanding anything contained in any law for the time being in force, the Collector may realize any arrears of land revenue by attachment and sale of the interest of a defaulter in any other immovable property belonging to such defaulter:
(1) Where any arrear of land revenue is due from any defaulter, the Collector may by order-
For the purposes of collection of land revenue or other dues recoverable as arrears of land revenue, in accordance with this Chapter, the recovery officer shall follow such procedure as may be prescribed.
(1) The costs of any of the processes mentioned in sections 170 to 178 including costs of arrest and detention shall be such as may be prescribed.
(1) If at any time before or after the commencement of any proceedings for the recovery of any arrears of land revenue under this Chapter, the defaulter dies, the proceedings(except arrest and detention) may be commenced or continued against the legal representatives of the defaulter as if the legal representatives were themselves be defaulter.
(1) Every process of attachment of any immovable property under section 174 or section 177, or for lease of any land under section 175 shall be issued by the Collector.
(1) Where any claim is preferred by any person other than the defaulter or any person claiming under him in respect of any property attached under this Chapter, the Collector may, after an inquiry, held after reasonable notice, admit or reject such claim:
(1) Where any immovable property is sought to be sold under the provisions of this Chapter, the Collector or an Assistant Collector authorised by him, shall issue a proclamation of the intended sale in the form prescribed, specifying therein-
A copy of the sale proclamation referred to in section 184 shall be affixed in each of the following places:-
(1) Every such sale shall be made by the Collector or by the Assistant Collector authorized by him.
If the defaulter pays the arrears in respect of which the property is to be sold together with the cost of the process at any time before the date fixed for the sale, the officer conducting the sale shall stop such sale.
(1) No officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, directly or indirectly, bid for or acquire or attempt to acquire the property sold or any interest therein.
(1) The person declared to be the purchaser shall be required to deposit immediately twenty-five per cent of the amount of his bid, and in default of such deposit, the property shall be forthwith re-sold, and such person shall be liable for the expenses incurred on the first sale and any deficiency in price occurring on re-sale, and the same may be recovered from him by the Collector as if the same were an arrear of land revenue.
The balance amount of the purchase money shall be paid by the purchaser on or before the fifteenth day from the date of the sale in the office of the Collector or at the district treasury or sub-treasury, and in case of default-
Where the right, title or interest of a person belonging to a scheduled caste or scheduled tribe in any land is sold by public auction under or in accordance with the provisions of this Code, and any other person belonging to such caste or tribe pays an amount equal to the amount of the highest bid and a sum equal to one percent amount of the purchase money for payment to the purchaser, within a period of thirty days from the date of such auction, then, notwithstanding anything contained in any other provision of this Code or any other law for the time being in force, the person so offering the amount shall be entitled to preference in the matter of sale over and above any person not belonging to such caste or tribe:
(1) Any person whose holding or other immovable property has been sold under this Chapter may, at any time within thirty days from the date of sale, apply to the Collector for setting aside the sale, on his depositing, in the office of the Collector or at the district treasury or sub-treasury-
(1) At any time within thirty days from the date of sale, the defaulter or the auction purchaser or any other person whose interests are affected by such sale, may apply to the Commissioner to set aside the sale on the ground of any material irregularity or mistake in publishing or conducting it.
(1) On the expiration of thirty days from the date of sale, if no application is made under section 192 or section 193, or if such application has been made and rejected by the Collector or the Commissioner, as the case may be, the Collector shall, subject to the provisions of sub-section (2), confirm the sale.
Notwithstanding anything contained in section 192, section 193 or section 194, if the Collector or the Commissioner, as the case may be, has reason to believe that the sale of an immovable property made under this Chapter ought to be set aside he may, after notice to the auction purchaser to show cause, if any, set aside the sale for the reasons to be recorded in writing.
If no application under section 193 is made within the time specified therein, all claims regarding irregularity or mistake in publishing or conducting the sale shall be barred.
Where the sale of any property is set aside under section 192 or section 193, the purchaser shall be entitled to receive back his purchase money, plus, in the case mentioned in section 192, an amount equivalent to one percent of such money deposited for that purpose by the defaulter.
(1) After a sale has been confirmed in accordance with section 194, the Collector shall grant to the purchaser a certificate, in the form prescribed, specifying the property sold and the name of the person who at the time of sale was declared to be its purchaser.
(1) The Collector shall put the person declared to be the purchaser of such property into possession, and for that purpose, he may use or cause to be used such force as may be necessary.
Where the sale of a property has been confirmed under section 194, the proceeds of the sale shall be utilised in the following order-
Any person taking or retaining possession of any land or other property attached, leased or sold under this Chapter otherwise than in accordance with the provisions of said Chapter may be summarily ejected by the Collector who may use or cause to be used such force as may be necessary
Subject to the provisions of section 203, no suit or other proceedings shall lie in any Civil Court in respect of any assessment or collection of land revenue or the recovery of any sum recoverable as an arrear of land revenue.
Whenever proceedings are taken under this Chapter against any person for the recovery of any arrear of land revenue, he may pay the amount claimed to the recovery officer, and upon such payment the proceedings shall be stayed, and the person against whom such oceedings were taken may, notwithstanding anything contained in any other provisions of this Code, sue the State Government in the Civil Court for the recovery of amount so paid
No payment on account of rent or other dues in respect of any land attached under this Chapter, made after such attachment, by the asami or any other person in possession thereof to any person other than the revenue officer authorized in this behalf, shall operate as valid discharge.
The provisions of this Chapter shall apply to the recovery of all arrears of land revenue and all other sums recoverable as an arrear of land revenue whether due before or after the commencement of this Code.
(1) Notwithstanding anything contained in any law for the time being in force, but subject to the provisions of this Code, no Civil Court shall entertain any suit, application or proceeding to obtain a decision or order on any matter which the State Government, the Board, any Revenue Court or revenue Officer is, by or under this Code, empowered to determine, decide or dispose of.
(1) Any party aggrieved by a final order or decree passed in any suit, application or proceeding specified in column 2 of the Third Schedule, may prefer a first appeal to the court or officer specified against it in column 4, where such order or decree was passed by a Court or officer specified against it in column 3 thereof.
(1) Where in any suit, application or proceeding specified in column 2 of the Third Schedule, any final order or decree is passed in any first appeal filed under section 207, and any party to such appeal is aggrieved by it, such party may prefer a second appeal to the Court specified against it column 5.
Notwithstanding anything contained in sections 207 and 208, no appeal shall lie against any order or decree-
(1) The Board or the Commissioner may call for the record of any suit or proceeding decided by any sub-ordinate Revenue Court in which no appeal lies, for the purpose of satisfying itself or himself as to the legality or propriety of any order passed in such suit or proceeding, and if such subordinate Court appears to have-
(1)The Board may, of its own motion or on the application of any party interested, review any order passed by itself and pass such orders in reference thereto as it thinks fit.
(1) Where it appears to the Board that it will be expedient for the ends of justice to do so, it may direct that any case be transferred from one revenue officer to another revenue officer of an equal or superior rank in same district or any other district.
Subject to the provisions of this Code or the rules made there under, the State Government shall be made a party to any suit instituted by or against the Gram Panchayat or local authority under this Code
Unless otherwise expressly provided by or under this Code, the provisions of the Code of Civil Procedure, 1908 and the Limitation Act, 1963 shall apply to every suit, application or proceedings under this Code.
No order passed by a revenue officer shall be reversed or altered in appeal or revision on account merely of any error, omission or irregularity in the summons, notice, proclamation, warrant or order or other proceedings before or during any inquiry or other proceedings under this Code, unless such error, omission or irregularity has in fact occasioned a failure of justice.
Any notice or other document required or authorized to be served under this Code may be served either:-
Notwithstanding anything contained in the provisions of this Code, the Board or any other Revenue Court shall have no jurisdiction in respect of a matter which involves a question as to the validity of the provisions of this Code or any other law for the time being in force or any rule or notification made or issued there under.
The State Government may, by notification, exempt any land owned by it or by the Central Government or by any local authority from the application of all or any of the provisions of this Code, and may likewise cancel or modify any such notification
The State Government may, by notification, delegate to the Board or any other officer or authority subordinate to it, any of the powers conferred on it by this Code, other than the power to make rules, to be exercised subject to such restrictions and conditions as may be specified in the notification.
Subject to such conditions or restrictions that may be prescribed, any officer appointed under this Code may enter at any such public servants as he considers necessary, for carrying out any of his duties under this Code, or any other law for the time being in force.time upon any land with
All documents, statements, records and registers prepared or maintained under this Code or the rules framed there under shall be open to inspection during such hours and subject to such conditions and on payment of such fees as may be prescribed, and any person shall on payment of the prescribed fee, be entitled to obtain the certified copy of the such document or any portion of any such document, statement, record or register.
For the purposes of computing the area fixed under any of the provisions of this Code, one and a half hectares of land shall count as one hectare in the following area :-
Any fee, fine, cost, expense, penalty or compensation payable to or recoverable by the State Government, a Gram Panchayat or other local authority under this Code or any other law for the time being in force may, without prejudice to any other mode of recovery, be realised as if it were an arrear of land revenue.
statement.-(1) Where any revenue officer considers it necessary for the enforcement of the provisions of this Code, it may call upon any tenure holder or any person in possession of any land to furnish within such time as may be specified, a statement containing the nature and extent of his interest in the land held or possessed by him as well as by members of his family.
(1) No officer or servant of the State Government shall be liable in any civil or criminal proceeding in respect of any act done or purporting to be done under this Code or any rules made there under, if the act was done in good faith and in the course of execution of the duties or the discharge of functions imposed by or under this Code.
proceeding.-Notwithstanding anything contained in other provisions of this Code, all the questions arising for determination in any summary proceeding under this Code shall be decided upon affidavits, in the mannProvided that if Revenue Court or Revenue Officer is satisfied that the cross examination of any witness, who has filed affidavit, is necessary, it or he may direct to produce the witness for such cross examinationer prescribed:
(1) Where an application is expected to be made in any suit, appeal, revision or other proceeding under this Code, any person claiming the right to oppose the application, may, either personally or through his counsel, after serving a copy of caveat through registered post on the person by whom the application is expected to be made, lodge a caveat in the court in respect thereof.
(1) Notwithstanding anything to the contrary contained in any other provisions of this Code or the Rules made thereunder,the Collector shall constitute, such Committee at Gram Panchayat level, as may be notified by the State Government from time to time to assist in the disposal of cases and redressal of grievances in the manner prescribed.
An Assistant Collector of the first class not in charge of a subdivision 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 classes of cases as the Collector may, from time to time, refer to him for disposal.
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.
(1) Where more cases than one involving substantially the same question for determination and based on the same cause of action are pending in different courts, they shall, on application being made by any party to the court to which all the courts concerned are subordinate, be transferred and consolidated in one court and decided by a single judgment.
(1) Any person who,-
(1) if any person wilfully destroys or injures or without lawful authority removes any boundary marks lawfully erected under Chapter IV or under any other law for the time being in force, he may be ordered by the Tahsildar to pay such amount not exceeding one thousand rupees for each mark so destroyed, injured or removed, as may in the opinion of the Tahsildar be necessary to defray the expense of restoring the same and of rewarding the informant, if any.
(1) Every person who cuts, removes or otherwise appropriates any tree or any portion thereof which is the property of the State Government or any local authority or a Gram Panchayat,without any authority therefor shall be liable to pay the value thereof, which shall be recoverable from him in addition to any penalty to which he may be liable under the provisions of this Code for the occupation of the land or otherwise, and notwithstanding any criminal proceedings which may be instituted against him in respect of such cutting, removal or appropriation.
Every person who:-
(1) The enactments specified in the First Schedule are hereby repealed.
(1) Save as otherwise expressly
(1) The State Government may, for the purposes of removing any difficulty, particularly in relation to the transition from the provisions of the enactments repealed by this Code to the provisions of this Code, by a notified order, direct that the provisions of this Code shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission as it may deem necessary or expedient;
(1) The State Government may, by notification, make rules for carrying out the purposes of this Code.
(1) Subject to the provisions of this Code and the rules made there under, the Board may, with the previous approval of the State Government, make regulations-