Uttar Pradesh act 8 of 1956 : The UTTAR PRADESH REVENUE CODE 2006 AMEDMENT ACT 2019

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No. 1469(2)/LXXIX-V-1-19-1(Ka)4-19

Dated Lucknow, August 5, 2019 IN pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of the Uttar

Pradesh Rajaswa Samhita (Sanshodhan) Adhiniyam, 2019 (Uttar Pradesh Adhiniyam Sankhya 7

of 2019) as passed by the Uttar Pradesh Legislature and assented to by the Governor on August

2, 2019. The Rajaswa Anubhag-1 is administratively cc ncerned with the said Adhiniyam.

THE UTTAR PRADESH REVENUE CODE (AMENDMENT)

ACT, 2019

(U.P. Act No. 7 of 2019) x [As passed by the Uttar Pradesh Legislature] | |

AN

ACT

to amend the Uttar Pradesh Revenue Code, 2006 for facilitating the availability of land for industrialization and agricultural development in the state of Uttar Pradesh and for changes in subjects related to inheritance of land holders. IT IS HEREBY enacted in the Seventieth Year of the Republic of India as - follows:-

Short title and 1. (1) This Act may be called the Uttar Pradesh Revenue Code (Amendment)

(2) It shall be deemed to have come into force on March 10, 2019. Amendment of 2. In section 24 of the Uttar Pradesh Revenue Code, 2006 hereinafter referred yay sean to as the principal Act, in sub-section (4), for the words "the order of the Commissioner shall be final," the words "The order of the Commissioner shall, subject to the provisions of section 210, be final" shall be substituted.

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is ^———

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3. In section 38 of the principal Act, in sub-section (4), for the words "The Amendment of decision of the Commissioner shall be final," the words "The decision of the section 38 Commissioner shall, subject to the provisions of section 210, be final' shall be substituted.

4. In section 66 of the principal Act, in sub-section (3) for the words "Every Amendment of order of the Collector made under this section shall be final", the words "Every order section 66 of the Collector made under this section shall, subject to the provisions of section 210, be final" shall be substituted.

5. In section 69 of the principal Act, in sub-section (3) for clause (c) the Amendment of following clause shall be substituted, namely :- section 69

* "(c) The payment of expenses incurred on protection, preservation and development of lands of common utility; and" , 6. In section 72 of the principal Act, in sub-section (1) for clause (c) the Amendment of following clause shall be substituted, namely:- section 72 "(c) one or more Divisional Government Counsel (Revenue) for the divisional head-quarters who shall also look after the work related to Circuit Courts of the Board, (wherever Circuit Courts exist at Division level) and" 7. In section 77 of the principal Act, in sub-section (2) for the words "in the Amendment of same Gram Panchayat" the words "in the same or any nearby Gram Panchayat" shall section 77 be substituted.

8. For section 80 of the principal Act, the following section shall be Amendment of substituted, namely :- section 80 '*80 (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, either 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.

(2) Where a bhumidhar with transferable rights proposes to use in future his

holding or part thereof, for industrial, commercial or residential purposes, the Sub- Divisional Officer may on an application moved by such bhumidhar, after making such enquiry as may be prescribed, either make a declaration that the land may be used for the purpose not connected with agriculture or reject 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 of such rejection and inform the applicant of his decision:

Provided that for declaration under this sub-section there must exist a boundary wall surrounding the holding or part thereof, which is proposed to be used for such purpose:

Provided further that if the bhumidhar fails to start the proposed non agricultural activity within a period of five years from the date of declaration under this sub-section, then the declaration under sub-section (2) for the holding or part thereof shall lapse:

Provided also that a declaration under this sub-section (2) shall not amount to change of land use and the land shall continue to be treated as agricultural land only. However, the bhumidhar shall be entitled to obtain loan and other necessary

permissions, clearances etc. for the activity or project, proposed on the holding or part

thereof, for which declaration under this sub-section has been obtained.

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Divisional officer, after making such enquiry as necessary, shall approve or reject the

application within a period of 15 days from the receipt of the application. In case of

rejection, he shall record in writing the reasons for such rejection:

Provided that for conversion of declaration under sub-section (2) to a declaration under sub-section (1), the bhumidhar shall be liable to pay only the balance amount of fee payable, calculated at prevailing circle rate, after adjusting the amount

already paid by him for declaration under sub-section (2) earlier.

(4) No application for a declaration under sub-section (1) or (2), moved by any co-bhumidhar having undivided interest in bhumidhari land shall be maintainable, unless application is moved by all the co-bhumidhars of such bhumidhari land. In case

only one of the co-bhumidhar wants to get a declaration for his share in the land with

joint interest, then such an application shai] be entertained only after the respective

shares of the co-bhumidhars in the land have been divided in accordance with the

provisions of law.

(5)The application for declaration [under sub-section (1) or sub-section (2)] shall contain such particulars and shall be made in such manner as may be ptescribed. (6)Where the application under sub-section (1) or sub-section (2) is made in respect of a part of the holding, the sub-divisional officer may, in the manner prescribed, demarcate such part for purposes of such declaration.

(7) No declaration under this section shall be made by the sub-divisional officer, if he is satisfied that the land or part thereof is being used or is proposed to be used for a purpose which is likely to cause a public nuisance or to affect adversely

public order, public health, safety or convenience or which is against the uses proposed

in the master plan.

(8) In case the land or part thereof for which a declaration under this section is being sought falls within the area notified under any Urban or Industrial Development Authority, then prior permission of the concerned Development Authority shall be mandatory.

(9) The State Government may fix the scale of fees for declaration under this

section and different fees may be fixed for different purposes:

Provided that if the applicant uses the holding or part thereof, for his own residential purpose, no fee shall be charged for the declaration under this section."

Amendment of 9. In section 81 of the principal Act, for the words and figures "section 80"

section 8] the words and figures "sub-section (1) of section 80" shall be substituted. Amendment of 10. In section 89 of the principal Act, for sub-section (3) the following sub- section 89 sections shall be substituted, namely:-

"(3) The State Government or an officer authorized for this purpose under this Act may approve an acquisition or purchase done or proposed to be done, in excess of the limits specified in sub-section (2), if such acquisition 'or purchase is in favour of a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable

institution; and if it is of opinion that the acquisition or purchase would be in

public interest and likely to generate economic activities (other than

agricultural) and provide employment. In such case, the provisions of the Uttar Pradesh Imposition of Ceiling on Land Holding Act, 1960 shall not apply to such acquisition:

186_RPH_Data 4 "idhaika Folder (Adhiniyam_2019)

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(4) Permission under sub-section (3) for acquisition or purchase of land by a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution in excess of limits prescribed

under sub-section (2) shall be granted, on the conditions and in the manner prescribed,

by :- (i) the Collector concerned for acquisition or purchase of land upto

20.2344 hectares;

(ii) the Commissioner concerned for acquisition or purchase of land

more than 20.2344 hectares and upto 40.4688 hectares;

(iii) the State Government for acquisition or purchase of land more than 40.4688 hectares. Provided that if the applicant fails to set up the project within a period of five years from the date of grant of permission under sub-section (3), the same shall lapse and the land acquired or purchased in excess of the limit prescribed under sub-section (2) shall vest in the State and the consequences of section 105 shall become applicable:

Provided further that the State Government may extend the period of permission granted under sub section (3) for a further period of maximum three years, after recording reasons for the same." 11. For section 94 of the principal Act, the following section shall be Amendment of substituted, namely:- section 94 "94 (1) A Bhumidhar may lease out his holding or any part thereof to Lease bya —_any person, firm, company, partnership firm, limited liability asap 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.

(2) Private lease by a Bhumidhar means a contract based on an agreement, with mutually agreed terms and conditions, between Lessor, who

may be a Bhumidhar and the Lessee who wishes to undertake agricultural

activities or set up a solar energy plant, by which the Lessor grants permission to the Lessee to use the land or holding or any part thereof for agricultural purposes or for establishment of solar energy plant, against a

consideration in cash or kind or a share of produce, payable to the Lessor as

per the lease agreement. (3) Period of private lease by a bhumidhar — maximum period of the

private lease by a Bhumidhar shall not exceed fifteen years at a time:

Provided that, after the expiration of the first lease period, the duration of lease period may be further extended by mutual consent of the Lessor and the Lessee:

Provided further that for purpose of establishing a solar energy plant,

the maximum period may be upto thirty years.

(4) Conditions of the private Lease by a bhumidhar- The terms and

conditions of the private lease by a bhumidhar shall be as mutually agreed between the Lessor and Lessee. The general conditions of the lease shall be in the manner as may be prescribed."

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its termination : : é a antaasdencie for period upto one year may be either oral or in writing. arising thereto | Lease agreement for period exceeding one year shall be

made by a registere. instrument only.

(2) Private Lease by a bhumidhar to be recorded in remarks column of Record of Rights - In case of written or registered lease agreement, a copy of the agreement or deed shall be made available to Revenue Inspector concerned, who shall pass order for recording the details of the private lease by a bhumidhar lease agreement (names and other details of Lessor and Lessee; date of agreement; period of lease; proposed use, of

land; and annual lease rent) in the Remarks column of Record of Rights (khatauni). (3) Private Lease by a bhumidhar shall not create any type of Tenancy Right- An agreement of private lease by a Bhumidhar either registered under the Registration

Act 1908 or countersigned by a Revenue Officer or Gram Pradhan or notarized by a

Notary or oral, shall not create or confer any rights or interest in favour of the Lessee

over the leased land, including protected tenancy or occupancy right or any other right

against eviction or lease termination, other than those contained in this Act or Rules,

the lease agreement shall! not be used by the Lessee to establish and permanent right over the leased land in any Court of Law.

(4) Resumption of Land- After expiration of the private lease by a bhumidhar

period of or termination of such private lease, the instrument of private lease by a bhumidhar shall be a nullify and if the period of such private lease is not extended, the leased land shall automatically revert to the Lessor and the Lessee shall hand over peaceful possession of the land, free from all encumbrances, to the Lessor and shall cease to have any right, title or interest in the land so leased out. Explanation- Regardless of any dispute, arising out of private lease made

under Section-94, pending before any Court of Law, the Lessor shall be entitled to get

peaceful possession of the leased land afier the expiration of the private lease period

and the Lessee shall have no right to retain possession over the leased land.

(5) Effect of Private Lease by a bhumidhar - The provisions contained in the

Code regarding private lease by a bhumidhar shall not have retrospective effect.

(6) Termination of the private lease by a bhumidhar -

(a) Unless extended by mutual consent between the Lessor and Lessee, the private lease agreement would terminate on expiry of the private lease period mentioned in the agreement,

(b) In case of non-payment of consideration amount or annual lease

rent by the Lessee by the due date, or if any of the terms and conditions of the private lease are violated by him, the private lease by a bhumidhar agreement may be terminated by the Lessor, prior to expiry of the lease period, after giving due notice to the Lessee in writing.

(c) In case the private lease agreement is proposed to be terminated prematurely by the Lessor, then the Lessee shall be entitled to remove such structures, mochinery etc. that were created or installed by the Lessee on the leased land. The Lessee would also be entitled to recover such damages and compensation from the Lessor, as agreed upon and laid down in the private lease agreement.

int 2019)

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(d) In case the Lessee wishes to terminate the lease agreement pre- maturely or surrenders the land during the private lease by a bhumidhar period, then he shall have to give at least six months' notice to the Léssor and

shall also be liable to pay the annual rent for the remaining part of the year to the Lessor, in addition to such other compensation, as agreed upon and laid down in the private lease by a bhumidhar agreement or as prescribed.

(e) In case after expiration of the private lease by a bhumidhar period or

termination of the lease agreement, the Lessee fails to handover peaceful possession of the-leased land to the Lessor, the Lessee shall be treated as unauthorised occupant and shall be liable to be ejected from the leased land. The Lessee shall also be liable to pay such penal rent or damages to the

Lessor for the period of unauthorised occupation, as provided in the private

lease by a bhumidhar agreement, in addition to the cost of such ejection.

(f) The Lessor and Lessee may terminate the private lease by a

bhumidhar on mutually agreed terms at any time.

(7) Disputes arising out of the private lease by a bhumidhar-

(a) In an event of a dispute arising out of the private lease agreement by a bhumidhar, or any terms and conditions thereof, the Lessee and the Lessor shall make all efforts to amicably resolve and settle the dispute amongst themselves or if mutually agreed, by using mediation by a third party arbitrator or Gram Panchayat or Village Revenue Committee.

(b) If the dispute is not settled through the mechanism mentioned in clause (a) either party may file a petition before the Sub-Divisional Officer.

(c) The Sub-Divisional Officer shall adjudicate the dispute using the

summary procedure within a period of thirty days of its institution.

(d) An appeal against the order, other than an interim order, passed by a Sub-Divisional Officer, shall lie before the Commissioner. The decision of Commissioner shall subject to the provision of section 210, be final."

13. Sections 96 and 97 of the principal Act shall be omitted. Omission of sections 96 and 97 14. Section 103 of the principal Act shall be omitted. Omission of section 103 15. For section 104 of the principal Act, the following section shall be Amendment of

section 104 substituted, namely:-

"104 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."

16. In section 105 of the principal Act, in sub-section (1) after clause (d) the Amendment of

section 105 following clause shall be inserted, namely :-

"(e) the provisions of this section shall not apply to any lease made under section 94."

17. In section 108 of the principal Act, for sub-section (2) the following sub- Amendment of section 108 section shall be substituted, namely:- "'(2) The following relatives of the male bhumidhar, asami or government lessee are heirs, subject to the provisions of sub section (1), namely-

(a) widow, unmarried daughter and the male lineal descendants in the male line of descent as per stirpes :

186 RPH_Data 4 Vidhaika Folder (Adhinivam 20)9)

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(b) mother and father;

(c) married daughter; (d) brother and unmarried sister being respectively the son and the daughter of the same father as the deceased, and son and unmarried daughter of a predeceased brother, the predeceased brother having been the son of the same father as the deceased;

(e) son's daughter;

(f) father's mother and father's father;

(g) daughter's son and unmarried daughter; (h) married sister;

(i) half sister, being the daughter of the same father as the deceased; (j) sister's son and unmarried daughter;

(k) half sister's son, and unmarried daughter, the sister having been the daughter of the same father as the deceased;

(1) brother's son's son and unmarried daughter;

(m) father's father's son and unmarried daughter;

(n) father's father's son's son and unmarried daughter;

(o) mother's mother's son and unmarried daughter."' Amendment of 18. In section 110 of the principal Act, the following section shall be section 110 substituted namely:-

"110 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 Sections 107 to 109 devolve, in accordance with the order of succession given below—

(a) son, unmarried daughter, son's son and unmarried daughter, son's son's son and unmarried daughter, predeceased son's widow, and predeceased son's predeceased son's widow, in equal shares as per stirpes:

Provided firstly that the nearer shall exclude the remoter in the same branch :

Provided secondly that a widow who has remarried, shall be excluded;

(b) husband;

(c) married daughter; (d) daughter's son and unmarried daughter;

(e) father;

(f) widowed mother; (g) brother, being the son of the same father as the diseased and brother's son and unmarried daughter as per stirpes;

(h) unmarried sister;

(i) married sister; (j) sister's son and unmarried daughter.""

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19. In section 210 of the principal Act, in the Hindi version, in sub-section (1) Amendment of for the words "tg anita aél eat' the words "#tg_anfta vel et wad?" shall be 'tion 210 substituted.

20. In the third Schedule to the principal Act, in the entries against sub-section Amendment of (4) of section 131 and 133 for the word "Tehsildar" the words "Sub-divisional officer" — shall be substituted. UP. 21. (1)The Uttar Pradesh Revenue Code (Amendment) Repeal and saving

Ordinance : i fis Fok Ordinance, 2019 is hereby repealed.

= (2) Notwithstanding such repeal, anything done or any action taken under the provisions of principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times. STATEMENT OF OBJECTS AND REASONS

The Uttar Pradesh Revenue Code, 2006 has been enacted to consolidate, and amend the law relating to land tenures and land revenue in the State of Uttar Pradesh. It was decided to amend the said Act with a view to facilitating the availability of land for industrialization and agricultural development in

the State of Uttar Pradesh, to authorize a bhumidhar or an asami to lease out his/her holding or any part thereof to any person, firm, company, partnership firm, limited liability partnership firm, trust, society or any other legal entity for agriculture or for setting up a solar energy plant and for making changes in the

subjects related to inheritance of land holders in the whole of the state.

In order to implement the aforesaid decision the Uttar Pradesh Revenue Code (Amendment) Bill, 2018 was introduced in, and passed by, the Uttar Pradesh State Legislature. The said Bill was reserved by the Governor for the consideration of the President and sent to the Government of India for obtaining the

assent of the President thereon. The Government of India had suggested certain amendments in the Bill.

After considering the suggestion of the Government of Inc 'a it was decided that the said Bill should be

withdrawn and in place thereof the Uttar Pradesh Revenue Co te (Amendment) Bill, 2019 by incorporating

the amendments suggested by the Government of India shall be introduced in the State Legislature.

Since the State Legislature was not in session and immediate legislative action was necessary to

implement the aforesaid decision the Uttar Pradesh Revenue Code (Amendment) Ordinance, 2019 (U.P.

oT Ordinance no.2 of 2019) was promulgated by the Governor on March 10, 2019.

This Bill is introduced to replace the aforesaid Ordinance.

By order,

J.P. SINGH-II,

Pramukh Sachiv. Glovaoyotio—gotio 186 waraa-(fe=dl)-2019—-(555)-se9 uftal—(aeger/at / arpa) |

logaoyotio—votio 63 ero faerei—2019—-(556)-300 ufeai—(@rger / cf / aTHe)|

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