MADHYA PRADESH

Madhya Pradesh Land Revenue Code,1959

Part 1/5
The Madhya Pradesh Accommodation Control Act, 1961.

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 Madhya Pradesh Land Revenue Code, 1959.
(PART 1 of 5)
Chapter I: Preliminary
Section 1:
This Act may be called the Madhya Pradesh Land Revenue
Code, 1959.
Section 2:
It extends to the whole of Madhya Pradesh.

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Does not apply on:

Reserved or protected forest under

the Indian Forest Act, 1927

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Provisions relating to the following applies to reserved
or protected forest under the Indian Forest Act, 1927:

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Chapter II: Board of Revenue
Section 3:
There shall be a Board of Revenue for Madhya Pradesh
consisting of a:

Board of Revenue for Madhya Pradesh

President

2 or more members as State Govt.

may appoint

Did you Know?

Ashwini Kumar Rai has been
appointed as President of MP Board
of Revenue.

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 4:
The principal seat of the Board shall be at such place as
State Govt. may appoint.

Did you Know?

State Government has appointed
Gwalior as the Principal
Seat of Board of Revenue.

Notwithstanding anything contained in sub-section,

The President and members of the Board shall also sit
at such other place or places as,

With the
consultation of

State
President of
Government
the board
may notify
Reference: Madhya Pradesh Land Revenue Code, 1959
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Section 5:

Any member unable State Government may

to perform duties appoint any other person
because of any reason for the time being.

Qualification for appointment as a member of the Board:

If a person is

Eligible for appointment as a Judge of the

High Court; or

Has been a Revenue Officer, and has held,

for at least five years, an office not lower
in rank than that of a Collector
Reference: Madhya Pradesh Land Revenue Code, 1959
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Section 6:
Salary and allowances:

Salary to members as State

Government determines

Salary to be charged
from Consolidated fund
of India

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Section 7:
The Board shall exercise the powers and discharge the
functions conferred upon it by

Section 8:
The Board shall,
In respect of all matters have superintendence over all
authorities.

Extra Notes!
The matters must be such which are subject to its
appellate or revisional jurisdiction of the Board.

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 9:
The Board may make rules for the exercise of powers
and functions of the Board by benches constituted of
one or more members thereof, and

All decisions given by such benches shall be deemed to

be the decisions of the Board.

Section 10:
All appeals, applications for revision and other proceedings
pending before the existing Board immediately before the
coming into force of this Code shall be heard and decided
by the Board.
Reference: Madhya Pradesh Land Revenue Code, 1959
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 Chapter III: Revenue Officers, their Classes and Powers
Section 11: There shall be the following classes of the
Revenue officers:

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 12:

Subordinate
to
State
Revenue
Govt.
officer

Subordinate
to

Revenue officer in
division
Commissioner

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Revenue officer Subordinate to
in district Collector

Section 13:
The State Government may create divisions comprising
of such districts and may abolish.
The State Government may alter the limits and may
create of any district or subdivision or tehsil.

Did you Know?

MP has 51 districts and 10 divisions.

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Appointments (Section 13A-20)

Sections State Government to Powers

appoint conferred by

Section 13A Principal Revenue By State Govt.

Commissioner

Section 14 A Commissioner in each By code or other

division enactment

Section 15 One or more additional By Comm. or

commissioner in division code or other
enactment

Section 16 A collector in each By code or other

district. enactment

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 17 One or more Additional By Collector or
Collector in a district code or other
enactment
Assistant Collectors of
Section 18 By code or other
the first and second
enactment
grades;
Joint Collectors; and
Deputy Collectors
Superintendents of Land
Section 20 -
Records and Assistant
Superintendents of Land
Records in each district

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 22:
The Collector may place any
Assistant Collector or
Joint Collector or
Deputy Collector
to be in charge of one or more sub-divisions of the
district.
They shall exercise the powers and perform the duties
conferred or imposed on a Sub-Divisional Officer.

I make all 3 of
you in charge
of different
We all
sub-division.
love you. You are
the
best sir.

Deputy Joint Ass.

Collector
Collector Collector Collector

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 23:

Revenue officer in district suboridnate

to Sub divisional officer.
Naib Tehsildar in Tehsil subordinate to
Tehsildar.

The Collector may direct otherwise.

I am State Government
and making you a
Revenue Officer, please
save my revenue.
Section 24:
The State Government may confer on any
public servant or local body the powers
conferred by or under this Code on any
Revenue Officer.

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 25:
If any revenue officer who has been invested with any
powers under this Code, is transferred to an equal or
higher office of the same nature,
He shall, exercise the same powers under this Code
in such other tehsil or district.

Congratulation for
promotion sir. Now,
What’s the use? I
you are transferred
have same powers
as higher officer.
as before, not even a
single new power.

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 26:
If the Collector dies or is disabled from performing his
duties,

The collector is dead. Who will perform

his duties until the appointment of new
successor?
I think some temporary officer will be
placed.

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Reference: Madhya Pradesh Land Revenue Code, 1959

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 Chapter IV: Procedure of Revenue Officers and Revenue
Courts

Section 27: Except for reasons to be recorded in

writing,
No Revenue Officer shall enquire into, or hear, any
case at any place outside the local limits of his
jurisdiction.
Provided that Sub-Divisional Officer may enquire into, or
hear, any case at any place within the district.

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Reference: Madhya Pradesh Land Revenue Code, 1959

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 Section 28: Any Revenue Officer, Revenue Inspector, Nagar
Sarvekshak and patwari, may direct

Their servants and workmen to enter

upon and survey land and demarcate
boundaries and do other acts
connected with their duties.
No person shall enter into:

Building Enclosed court

Garden attached to
dwelling house

Reference: Madhya Pradesh Land Revenue Code, 1959

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 With the consent of the occupier thereof,
without giving such occupier at least twenty-
four hours' notice.

Section 29:
The Board may direct that any particular
case be transferred from one Revenue
Officer to another Revenue Officer of an
equal rank.

Section 30:
A Collector, a Sub-Divisional Officer, or a Tahsildar may:

Make over case from his own file to

any Revenue Officer subordinate to him
competent to decide such, or
May withdraw any case from any
Revenue Officer.

He may deal with such case himself or refer the same for
disposal to any other Revenue Officer subordinate to him.

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Section 31:
The Board or a Revenue Officer while exercising power to
enquire into or to decide any question arising for
determination between Don’t fight, I am
here to resolve it.
State Government and
any person, or
Parties to any
proceedings,
shall be a Revenue Court. Revenue officer

Nobody can
Section 32: challenge my
powers
Nothing in this Code shall be deemed to
limit the inherent power of the Revenue
Court. RO

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Inherent Powers under other codes
Code of Civil Procedure: Section 151
Code of Criminal Procedure: Section 482

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Reference: Madhya Pradesh Land Revenue Code, 1959

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 Section 33:
Every Revenue Officer acting as a Revenue Court shall have
power
To take evidence, or
To summon any person whose attendance he
considers necessary, either
To be examined as party
To be witness
To produce necessary document.

Summons from revenue

court to produce documents
and to give evidence as well.

(2) No person shall be ordered to attend in person, unless

he resides
within the local limits of his jurisdiction; or
without such limits but at a place less than fifty
kilometers, or

Reference: Madhya Pradesh Land Revenue Code, 1959

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 where there is established
public conveyance for five-
sixths of the distance
between the place where
he resides and the place where he is summoned to
attend, less than two hundred miles distant from such
place.

(4) Every such Revenue Officer shall have power to issue a

commission to examine any person who is
Exempted from attending Court, or
Cannot be ordered to attend in person or is unable to
attend on account of sickness or infirmity.

Court has sent me to

take your evidence, take
tea and tell me
everything truthfuly.

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 34:
If any person fails to comply with the summons issued
under Section 33, the Revenue officer may:

Issue a bailable warrant of arrest;

Order him to furnish security for appearance;

or

Impose upon him a fine.

Fine- not exceeding Rs. 50.

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 35:

Where is the We will decide this

They did other party? case w/o them.
not come.

Party
absent

If any party to proceeding does not appear, the case

may be heard and determined in his absence or may
be dismissed in default.

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Don’t worry, as per
code, we can file
application within 30 Did you hear? The
days for setting aside Revenue case has been
such order. decide against us.

The party against whom order has been passed may

file an application to set aside order passed in absence
on the basis of sufficient cause or summons not served.

Reference: Madhya Pradesh Land Revenue Code, 1959

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 We reject I will file appeal
your against this
application. rejection order.

If application of party is rejected, he can file appeal

against it.

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Case adjourned for
Section 36:
the day. I will intimate
you the next date.
A Revenue Officer may adjourn the
hearing of a case, for reasons to be
recorded and on such terms as to
cost.

The date and place of an adjourned hearing shall be

intimated at the time of the adjournment to the
parties and witnesses present.

Section 37:
A Revenue Officer may award costs incurred in any case or
proceeding.

Provided that the fees of a legal

practitioner shall not be allowed as
costs unless for reasons to be recorded
by him in writing.

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 38:
Where any person against whom an order to deliver
possession of immovable property has been passed shall
be executed:

by serving a notice on the person or

persons in possession requiring them
within to vacate the land; and

If such notice is not obeyed, by

deputing a subordinate to remove any
person who may refuse to vacate, and

Don’t you try to

remove my owner
If the officer removing any such from this house.
pson is resisted, the Revenue
Officer shall hold a summary inquiry
into the facts of the case.

Reference: Madhya Pradesh Land Revenue Code, 1959

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If RO is satisfied that the resistance was without any just
cause, he may take such steps which are necessary for
compliance of order.

Section 42:
Order shall not be Order shall be altered
altered on account of on account of error or
error or omission in omission
service of summons or
notice Resulting in failure of
justice
Proclamation

Warrant

Section 43:
The procedure laid down in the Code of Civil
Procedure, 1908 shall be followed in all
proceedings under this Code unless otherwise
expressed.

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Chapter V: Appeal, Revision and Review

Section 44:
An appeal shall lie from every original order of a Revenue
Officer competent to pass such order-

Order passed by Appeal made to

Sub-Divisional Officer
Revenue Officer
subordinate to the Sub-
Divisional Officer
Deputy Survey Officer
Revenue Officer
subordinate to the Deputy
Survey Officer
Collector
Sub-Divisional Officer
District Survey Officer
Deputy Survey Officer
Collector
Assistant Collector, Joint
Collector or Deputy
Collector

Reference: Madhya Pradesh Land Revenue Code, 1959

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 Revenue Officer as the
Revenue Officer in respect
State Government
of whom a direction has
been issued u/s 12(3)
Commissioner
Collector or District Survey
Officer
Board
Commissioner

Reference: Madhya Pradesh Land Revenue Code, 1959

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 A second appeal shall lie against every order-

First Appeal Order passed by Second Appeal made

to
Sub-Divisional Officer or the Commissioner
Deputy Survey Officer or the
Collector or the District Survey
Officer
Commissioner Board

Second appeal shall lie only:

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 46:
Notwithstanding anything contained in section 44, no
appeal shall lie from an order –

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 47:
The period of limitation for filing first or
second appeal shall be forty-five days
from the date of the order appealed
against.

Section 48:
Every petition for appeal, review or
revision shall be accompanied by a
certified copy of the order to which
objection is made
Unless the production of such copy is
dispensed with.

Section 49:
(1) The appellate authority may,

Admit the
appeal Reject the
appeal

(2) If appeal is admitted, date shall be fixed for hearing and

notice shall be served on the respondent.

Reference: Madhya Pradesh Land Revenue Code, 1959

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 (3) After hearing the parties, if they appear, the appellate
authority may:

Did you Know?

Appellate authority shall not ordinarily
remand the case for disposal to any
Revenue Officer subordinate to it.

Reference: Madhya Pradesh Land Revenue Code, 1959

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Section 50:
(1) Subject to the provisions of sub-sections (2), (3), (4)
and (5), -

Who may call for When the case which has

record been decided by
Commissioner
Board
Collector or the District
Commissioner
Survey Officer
Revenue Officer
Collector or the
subordinate to him
District Survey
Officer

Reference: Madhya Pradesh Land Revenue Code, 1959

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The Board or the Commissioner or the Collector or the
District Survey Officer may make such order he thinks fit if
it appears:

Reference: Madhya Pradesh Land Revenue Code, 1959

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 o application for revision shall be entertained against an
order:

Food for Thought!

Revision shall be presented within forty-
five days from the date of order or its
communication to the party.

Reference: Madhya Pradesh Land Revenue Code, 1959

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(2) The Board or the Commissioner or Collector or the
District Survey Officer shall not vary or reverse any
order made or any order deciding an issue except:

The order, if it had been made in

favour of the party applying for
revision, would have finally disposed
of the proceedings

The order, if allowed to stand, would

occasion a failure of justice or cause
irreparable injury to the party
against whom it was made

(3) A revision shall not operate as a stay of proceeding,

except where such proceeding is stayed.

(4) No order shall be varied or reversed

in revision unless notice has been
served on the parties interested and
opportunity given to them of being
heard.

Reference: Madhya Pradesh Land Revenue Code, 1959

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