MANAGEMENT OF LAND AND OTHER PROPERTIES BY

GRAM PANCHAYAT OR OTHER LOCAL AUTHORITY

Entrustment of land to Gram Panchayats and other local authorities.-

(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.

(2) The following things may be entrusted to a Gram Panchayat or other local authority under
sub-section (1), namely-

(i) lands, whether cultivable or otherwise, except land for the time being comprised in any
holding or grove;

(ii) grove standing on the Gram Panchayat land, pasture land, graveyard, cremation ground,
manure pits, Khaliyans, Chakroads, link roads, sector roads, land in river bed, road, Sadak
Khanti, Sullage farm;

(iii) forests and fisheries;

(iv) trees, other than trees in a holding or on the boundary of a holding or in a grove or abadi,
or any trees on unoccupied land;

(v) hats, bazaars, melas, tanks, ponds, water-channels, private ferries, pathways and abadi sites;
(vi) subject to the provisions of the Treasure Trove Act, 1878, any properties specified in
section 55 and belonging to the State Government.

(3) Every land and other thing-

(a) vested in a Gram Panchayat or any other local authority under the provisions of the Uttar
Pradesh Consolidation of Holdings Act, 1953, or the Uttar Pradesh Imposition of Ceiling on
Land Holdings Act, 1960;

(b) placed under the charge of a Gram Panchayat or any other local authority under any of the
enactments repealed by this Code;

(c) otherwise coming into possession of a Gram Panchayat or other local authority, either
before or after the commencement of this Code; shall be deemed to be entrusted to such Gram
Panchayat or other local authority, as the case may be, with effect from the date of
commencement of this Code or from the date of such coming into its possession, for the purpose
of superintendence, preservation, management and control, in accordance with the provisions of
this Code.

(4)The State Government may, by a subsequent order to be published in the manner prescribed,-
(a) add to, amend, vary or rescind any earlier order issued under sub-section (1);

(b) transfer to any other Gram Panchayat or other local authority, any land or other thing
entrusted or deemed to be entrusted under sub-section (1) or subsection (3) for superintendence,
preservation, management and control;

(c) resume any land or other thing so entrusted or deemed to be entrusted, or transferred to any
Gram Panchayat or local authority on such terms and conditions as prescribed;

(d) impose conditions and restrictions subject to which the powers of superintendence,
preservation, management and control under this section shall be exercised.

(5) Where any of the things specified in sub-section (2) has been entrusted or deemed to have
been entrusted to a Gram Panchayat, and the village or any part thereof in which such things are
situated lies outside the circle of the Gram Panchayat, such Gram Panchayat or its Bhumi
Prabandhak Samiti shall, subject to any general or special order issued by the State Government
in this behalf, perform, discharge and exercise the functions, duties and powers assigned,
imposed or conferred by or under this Code or the U.P. Panchayat Raj Act, 1947 on a Gram
Panchayat or a Bhumi Prabandhak Samiti as if that village or part also lay within that circle.
(6) Where any of the things specified under sub-section (2) has been entrusted or deemed to be
entrusted to a local authority other than the Gram Panchayat, the provisions of this Chapter shall
mutatis mutandis apply to such local authority.

60 Superintendence, management and control by Bhumi Prabandhak Samiti

(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.

(2) Without prejudice to the generality of the foregoing provisions, the functions and duties of
the Bhumi Prabandhak Samiti shall include:-

(a) the settlement and management of land;

(b) the preservation, maintenance and development of forests and trees;

(c) the maintenance and development of abadi sites and village communications;

(d) the management of hats, bazaars and melas;

(e) the maintenance and development of fisheries and tanks;

(f) the development of cottage industries;

(g) the development and improvement of agriculture;

(h) the conduct and prosecution of suits and proceedings by or against the Gram Panchayat; and
(i) such other matters as may be prescribed.

61 Management of village tanks.-

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:-
(a) where the area of the tank measures 0.5 acre or less, it shall be reserved for public use by the
inhabitants of the village;

(b) where the area of the tank exceeds 0.5 acres, the Bhumi Prabandhak Samiti shall, with the
previous approval of the Sub-Divisional Officer, let it out in the manner prescribed.
Explanation. - For the purpose of this section, the term ‘tank’, includes talab, pond, pokhar and
other land covered with water.

62 Conduct of suits and legal proceedings.-

(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.

(2) No suit or other proceedings to which any Gram Panchayat is a party shall be compromised
or withdrawn on behalf of such Gram Panchayat, unless such compromise or withdrawal is
approved by a resolution of the Bhumi Prabandhak Samiti and prior sanction of the Sub-
Divisional Officer is obtained.

63 Land which may be allotted for abadi sites.-

(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:-

(a) all lands entrusted or deemed to be entrusted to a Gram Panchayat under clause (i) of sub-
section (2) of section 59;

(b) all lands coming into possession of Gram Panchayat under any other provisions of this Code.
(2) Notwithstanding anything contained in any other provision of this Code or in the U.P.
Panchayat Raj Act, 1947, the Bhumi Prabandhak Samiti may, with the previous approval of the
Sub-Divisional Officer, allot the following classes of land for the purposes of building houses:-
(a) any vacant land referred to in sub-section (1); (b) any land earmarked for abadi sites under
the Uttar Pradesh Consolidation of Holdings Act, 1953; (c) any land acquired under the
provisions of Land Acquisition Act, 1894 (Act No.1 of 1894) and The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(Act No.30 of 2013).

64 Allotment of abadi sites.-

(1) The following order of preference shall be observed in making allotment of land referred to
in section 63:-

(a) an agricultural labourer or a village artisan residing in the Gram Sabha and belonging to a
scheduled caste or scheduled tribes or other backward classes or a person of general category
living below poverty line as determined by the State Government;

(b) any other agricultural labourer or a village artisan residing in the Gram Sabha;

(c) any other person residing in the Gram Sabha and belonging to a scheduled caste or scheduled
tribe or other Backward Classes or a person of general category living below poverty line as
determined by the State Government: Provided that preference will be given to widow and
physically handicapped person within same category.

Explanation.- For the purposes of this sub-section- (one) “other backward class” means the
backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services
(Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994
(U.P. Act No.4 of 1994); (two) “person of general category living below poverty line” means
such persons as may be determined from time to time by the State Government.

(2) In making an allotment under this section, preference shall be given to a person who either
holds no house or has insufficient accommodation considering the requirements of his family.
(3) Every land allotted under this section shall be held by the allottee on such terms and
conditions as may be prescribed: Provided that if the allottee is a married man and his wife is
alive, she shall be co-allottee of equal share in the land so allotted.

65 Delivery of possession to allottee.-

(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.

(2) Where any person, after being evicted under this section, reoccupies the land or any part
thereof, without lawful authority, he shall be punished with imprisonment for a term which may
extend to two years but which shall not be less than three months and also with fine which may
extend to three thousand rupees: Provided that the Court convicting the accused may, while
passing the sentence, direct that the whole or such portion of the fine that may be recovered as
the court considers proper be paid to the allottee as damages for use and occupation.

(3) Where in any proceeding under sub-section (2), the Court, at any stage after cognizance of
the case has been taken, is satisfied by affidavit or otherwise that-

(a) the accused is in occupation of the land to which such proceeding relates, in contravention of
the provisions of this Code, and

(b) the allottee is entitled to the possession of such land, the Court may, summarily, evict the
accused from such land pending the final determination of the case, and may put the allottee in
possession of such land.

(4) Where in any proceeding under sub-section (2), the accused is convicted, the interim order
passed under sub-section (3) shall be confirmed by the Court.

(5) Where, in any proceeding under sub-section (2), the accused is acquitted or discharged and
the Court is satisfied that the person so acquitted or discharged is entitled to be put back in
possession over such land, the Court shall, on the application of such person, direct that delivery
of possession be made to him.

(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence
under sub-section (2) may be tried summarily.

(7) For the purpose of speedy trial of offences under this section, the State Government may, in
consultation with the High Court, by notification constitute special Courts each consisting of an
officer not below the rank of Sub-Divisional Magistrate, who shall, subject to the provisions of
the Code of Criminal Procedure, 1973, exercise in relation to such offence, the powers of the
Judicial Magistrate of the First Class.

(8) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No.2 of
1974), every offence punishable under sub-section (2) shall be cognizable and non-bailable.

66 Inquiry into irregular allotment of abadi sites.-

(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.

(2) No application under sub-section (1) shall be entertained, if it is made after the expiration of
the period of three years from the date of allotment.

(3) Every order of the Collector made under this section shall be final.

67 Power to prevent damage, misappropriation and wrongful occupation of Gram

Panchayat property.-

(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.

(2) Where from the information received under sub-section (1) or otherwise, the Assistant
Collector is satisfied that any property referred to in sub-section (1) has been damaged or
misappropriated, or any person is in occupation of any land referred to in that sub-section in
contravention of the provisions of this Code, he shall issue notice to the person concerned to
show cause why compensation for damage, misappropriation or wrongful occupation not
exceeding the amount specified in the notice be not recovered from him and why he should not
be evicted from such land.

(3) If the person to whom a notice has been issued under sub-section (2) fails to show cause
within the time specified in the notice or within such extended time as the Assistant Collector
may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector
may direct that such person shall be evicted from the land, and may, for that purpose, use or
cause to be used such force as may be necessary, and may direct that the amount of
compensation for damage or misappropriation of the property or for wrongful occupation, as the
case may be, be recovered from such person as arrears of land revenue.

(4) If the Assistant Collector is of opinion that the person showing cause is not guilty of causing
the damage or misappropriation or wrongful occupation referred to in the notice under sub-
section (2), he shall discharge the notice.

(5) Any person aggrieved by an order of the Assistant Collector under sub-section (3) or sub-
section (4), may within thirty days from the date of such order, prefer an appeal to the Collector.

(6) Notwithstanding anything contained in any other provision of this Code, and subject to the
provisions of this section every order of the Assistant Collector under this section shall, subject
to the provisions of sub-section (5) be final.

(7) The procedure to be followed in any action taken under this section shall be such as may be
prescribed.

Explanation. - For the purposes of this section, the word ‘land’ shall include the trees and
buildings standing thereon.

67-A Certain house sites to be settled with existing owners thereof.-

(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.
(2) Where any person referred to in sub-section (1) of section 64, has built a house on any land
held by a tenure holder (not being a government lessee) and such house exits on November 29,
2000, the site of such house, notwithstanding anything contained in this Code, be deemed to be
settled with the owner of such house by the tenure holder on such terms and conditions as may
be prescribed.

Explanation. - For the purpose of sub-section (2), a house existing on November 29, 2000, on
any land held by a tenure holder, shall, unless the contrary is proved, be presumed to have been
built by the occupant thereof and where the occupants are members of one family by the head of
that family.

68 Gaon Fund.-

(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: Provided that the amount of damages or
compensation recovered under section 67 shall be credited to the Consolidated Gaon Fund.

(2) The Gaon Fund constituted under the enactments repealed by this Code and subsisting
immediately before the commencement of such Code shall be deemed to have been constituted
under this section.

(3) The Gaon Fund shall be operated in such manner and shall be applied for such purposes as
may be prescribed.

69 Consolidated Gaon Fund.-

(1) There shall be established for each district, a Consolidated Gaon Fund to which the following
amounts shall be credited, namely-

(a) The amount referred to in the proviso to sub-section (1) of section 68;

(b) All contributions received by the Collector under sub-section (2);

(c) Such other amounts as may be prescribed.

(2) Every Gram Panchayat in a district shall pay to the Collector annually such percentage, not
exceeding twenty five, as the State Government may from time to time notify, of the total
amount credited to the Gaon Fund under section 67, in the manner prescribed.

(3) The Consolidated Gaon Fund shall be operated by the Collector and may be applied for the
following purposes namely-

(a) the payment of fees and allowances, if any, of the lawyers appointed under section 72;

(b) the payment of expenses incurred in connection with the conduct and prosecution of suits,
applications or other proceedings by or against the Gram Panchayat or the Bhumi Prabandhak
Samiti under this Code;

(c) the payment of expenses incurred on the development of lands of common utility; and

(d) the payment of any other sum which the State Government may by general or special order
declare to be an appropriate charge on such fund. (

4) The Consolidated Gaon Funds constituted under any of the enactments repealed by this Code
and subsisting immediately before its commencement shall be deemed to have been constituted
under this section.

(5) The State Government may, by notification in the gazette, direct that a Consolidated Gaon
Fund shall be established also for each tahsil for the purpose and in the manner prescribed.

70 Orders and directions of the State Government and the Collector.

(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.

(2) It shall be the duty of the Bhumi Prabandhak Samiti and its office bearers to forthwith carry
out the orders and comply with the directions issued under sub section (1).

71 Alternative arrangement.-

If at any time the Collector is satisfied that-

(a) the Bhumi Prabandhak Samiti has failed without reasonable cause or excuse to discharge its
duties or to perform the functions imposed or assigned to it by or under this Code; or

(b) circumstances have so arisen that the Bhumi Prabandhak Samiti is or may be rendered
unable to discharge the duties or perform the functions imposed or assigned by or under this
Code; or

(c) it is otherwise expedient or necessary to do so; he may, direct that the duties, powers and
functions of such Bhumi Prabandhak Samiti under the Code, shall, notwithstanding anything
contained in any other law for the time being in force, be discharged, exercised and performed by
an officer not below the rank of a Naib-Tahsildar and for such period and subject to such
restrictions as may be specified: Provided that reasonable opportunity of hearing shall be given
to the Bhumi Prabandhak Samiti before issuing any direction under this section.

72 Standing Counsel and other lawyers.–

(1) The State Government may, on such terms and conditions and in such manner as may be
prescribed, appoint- (a) one or more Standing Counsel (Revenue) each at Allahabad High Court
and Lucknow Bench thereof;

(b) one or more Standing Counsel (Revenue) each for Board of Revenue Allahabad and
Lucknow;

(c) one or more Divisional Government Counsel (Revenue) for the divisional head-quarter; and
(d) one District Government Counsel (Revenue) and one or more Additional District
Government Counsel (Revenue) for the district head-quarter.

(2) The Collector may, on such terms and conditions and in such manner as may be prescribed
appoint not more than two Panel Lawyers (Revenue) for every tahsil.

(3) Subject to the provisions of sub-section (2) of section 62, the legal practitioners appointed
under sub-section (1) or sub-section (2) may plead or act, without any written authority, on
behalf of any Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti in any Court or
authority for which he is so appointed.
(4) No Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti shall engage any legal
practitioner other than one appointed under this section without prior permission of the Collector.
(5) Notwithstanding anything contained in the Court Fees Act 1870 (Act No.7 of 1870) no Court
fee shall be payable on any vakalatnama or memo of appearance filed by any legal practitioner
appointed under this section.

(6) The legal practitioners appointed under this section shall not be competent to plead or act
against any Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti before any Court for
which he is so appointed.

(7) The State Government may, by notification in the gazette, issue any direction, for monitoring
of cases filed by or against Gram Panchayat, Gram Sabha or Bhumi Prabandhak Samiti and
performance based annual appraisal of Panel Advocates appointed under this Code or the
enactments repealed by it, and also for appointing any law officer for the aforesaid purpose.

73 Representation of Gram Panchayat.-

(1) In any suit or other proceedings under this Code, the Gram Panchayat shall be represented-
(a) in proceeding before the Collector or in a Civil Court, by the District Government Counsel
(Revenue);

(b) in proceeding before the Commissioner, by the Divisional Government Counsel (Revenue),
and;

(c) in proceeding before the Board or the High Court by the separate Standing Counsel
(Revenue) of Lucknow or Allahabad, as the case may be.

(2) Nothing in this chapter shall preclude the State Government or the Collector from appointing
special counsel for the conduct of any suit or proceeding to which any Gram Panchayat is party
on such terms and conditions as may be prescribed.