UTTAR PRADESH REVENUE CODE, 2006 With 2020 Amendment
UTTAR PRADESH REVENUE CODE, 2006 With 2020 Amendment
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Disclaimer: This Act/Rule has been provided for information only. Due to the
unavailability of the State Gazette, the Publisher is unable to confirm if the Act/Rule
has been further amended. The Publisher shall not be liable for any advice given or
sought to be given on the basis of the document provided.
CONTENTS
CHAPTER I
PRELIMINARY
4. Definitions
CHAPTER II
REVENUE DIVISIONS
CHAPTER III
7. Board of Revenue
15. Naib-Tahsildars
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CHAPTER IV
CHAPTER V
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CHAPTER VI
CHAPTER VII
CHAPTER VIII
59. Entrustment of land etc. to [Gram Panchayats] and other local authorities
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70. Orders and directions of the State Government and the Collector
CHAPTER IX
TENURES
78. Asami
80.
85. Consequences of using the land in contravention of the provisions of this Code
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92. Mortgage of land by bhumidhar with non-transferable rights
95. Lease - how made, its termination and any dispute arising thereto
101. Exchange
104.
110.
113. Persons other than Indian citizens and persons of Indian origin not to inherit
115. Escheat
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121. Liability for rent revenue in use of surrender
CHAPTER X
GOVERNMENT LESSEES
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149. Ejectment of Government lessee
CHAPTER XI
CHAPTER XII
167. Defaulters
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CHAPTER XIII
214. Applicability of Code of Civil Procedure, 1908 and Limitation Act, 1963
217. Revenue Courts to have no power to adjudicate upon the validity of enactment
CHAPTER XIV
MISCELLANEOUS
219. Delegation
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CHAPTER XV
PENALTIES
CHAPTER XVI
230. Repeal
233. Rules
234. Regulations
Second Schedule. Matters Excluded from the Jurisdiction of the Civil Court
Third Schedule
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1901 are the important Acts. Several enactments were enacted during the British
Regime. Most of the provisions of those have become absolete. Some of the provisions
of those enactments are inconsistent with each other. On account of different
provisions in different enactments relating to revenue law, the revenue litigations have
considerably increased. Consequently the revenue cases are pending for disposal for a
very long period. Under these circumstances it has become necessary to consolidate
with modifications of relevant provisions of all these enactments into single
enactment. It has, therefore, been decided to provide for consolidating and amending
the laws relating to land-tenures and land revenue in the State and for matters
connected therewith and incidental thereto. The U.P. Revenue Code Bill, 2006 has,
therefore, been prepared to fulfil the above mentioned requirements.
The Uttar Pradesh Revenue Code Bill, 2006, is introduced accordingly.
Chapter I
PRELIMINARY
1. Short title, extent and commencement.—(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 date as the State Government may, by
notification, appoint and different dates may be appointed for different areas or for
different provisions of this Code.
NOTIFICATION
UTTAR PRADESH SHASAN
Rajaswa Anubhag-1, No. 1879/1-1-2015-15(1)/1998-19 T.C. III
Lucknow, dated December 18, 2015
In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh
Revenue Code, 2006 (U.P. Act No. 8 of 2012) the Governor is pleased to appoint
December 18, 2015 as the date on which Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 233 and 234 of the said Act shall come into force and February
11, 2016 as the date on which the remaining provisions of the said Act shall come into
force.
Section 1 enforced w.e.f. December 18, 2015
2. Applicability of the Code.—The provisions of this Code, except Chapter VIII and
IX shall apply to the whole of Uttar Pradesh, and Chapter 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.
Section 2 enforced w.e.f. February 11, 2016
3. Extension of the Code to new areas.—(1) Whereafter 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).
Section 3 enforced w.e.f. February 11, 2016
4. Definitions.—In this Code,—
(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,
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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;
2 [(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.]
Provided that where the question relates to the transfer of any land and the
transferee is a minor, the expression ‘family’ shall include the parents of such
minor;
(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;
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(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, 3 [Chief Revenue Officers,
Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record
Officers, Assistant Record Officers, Tahsildars, Tahsildars (Judicial) and Naib
Tahsildars;]
4
[(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, barber,
washerman, cobbler or any other person who normally earns his livelihood by
practicing a craft either by his own labour or by labour of any member of his
family in any village;
(22) words and expressions 5 [“Gaon Fund”, “Gram Sabha” and “Gram
Panchayat”] shall have the meanings assigned to them in the U.P. Panchayat
Raj Act, 19476 [;]
7
[(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, under
proprietor, 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 Section 2 of the Code of
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Civil Procedure, 1908 (Act No. V of 1908);
(27) ‘State Government’ means the State 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.]
Section 4 enforced w.e.f. December 18, 2015
Chapter II
REVENUE DIVISIONS
5. Division of State into revenue areas.—For the purposes of this Code, 8 [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.]
Section 5 enforced w.e.f. December 18, 2015
6. Constitution of revenue areas.—(1) The State Government may, by notification,
specify—
(i) the districts which constitute a division;
(ii) the tahsils which constitute a district;
(iii) the villages which constitute a tahsil.
(2) The State Government may, by notification, alter the limits of any revenue area
referred to in sub-section (1) by amalgamation, re-adjustment, division or in any other
manner whatsoever, or abolish any such revenue area and may name and alter the
name of any such revenue area, and in any case where any area is renamed, then all
references in any law or instrument or other document to the area under its original
name shall be deemed to be references to the areas as renamed unless expressly
provided otherwise:
Provided that before passing any order under this sub-section on any proposal to
alter the limits of any revenue area, the State Government shall publish, in the
prescribed manner, such proposals for inviting objections, and shall take into
consideration any objections to such proposals.
(3) The Collector may, by an order, published in the prescribed manner, arrange the
villages in a tahsil into Lekhpal circles and the Lekhpal circles into Revenue Inspector
circles and specify also the headquarter of each Revenue Inspector within the Circle.
(4) The divisions, districts, tahsils, pargana, Revenue Inspector circles, Lekhpal
circles and villages, as existing at the commencement of this Code shall, until altered
under the preceding sub-sections, be deemed to be the revenue areas specified under
this section.
Section 6 enforced w.e.f. December 18, 2015
Chapter III
BOARD AND THE REVENUE OFFICERS
7. Board of Revenue.—(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:
Provided that the Board as constituted and functioning immediately before the
commencement of this Code shall be deemed to be the Board constituted under this
section.
(2)9 [* * *]
(3) No person shall be qualified for appointment as—
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(a) an Administrative Member of the Board, unless he has held an office not
lower in rank than that of a Commissioner;
(b) a Judicial Member of the Board, 10 [unless he has held an office not below the
rank of a Collector.]
(4) The State Government may, at the time of making the appointment or at any
time subsequent thereto, designated any member, as Judicial Member of the Board,
and any such member shall be allotted only judicial business.
Section 7 enforced w.e.f. December 18, 2015
8. Jurisdiction of the Board.—(1) The Board shall be the Chief Controlling
Authority—
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[(a) in all matters relating to disposal of cases, appeals or revisions; and]
(b) subject to the superintendence, direction and control of the State
Government, in all other matters provided in this Code.
(2) Subject to the provisions of sub-section (1), the Board shall exercise, perform
and discharge powers, functions and duties conferred upon it by or under this Code or
any other law for the time being in force.
(3) The State Government may authorise any member of the Board to exercise,
perform and discharge either generally or in respect of any particular locality or
matter, all or any of the powers, functions and duties conferred or imposed on the
Board.
Section 8 enforced w.e.f. December 18, 2015
9. Power to distribute business.—(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.
(2) All orders made or decrees passed by a member of the Board in accordance with
such distribution shall be deemed to be orders or decrees, as the case may be, of the
Board.
Section 9 enforced w.e.f. December 18, 2015
10. Decisions of the Board.—(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.
(2) Where the members of the Board constituting the Bench are equally divided in
opinion as to the decision of a case, it shall be heard by a larger Bench to be
constituted by the Chairman, and the case shall be decided in accordance with the
opinion of the members constituting such Bench or of the majority, if any, of such
members.
(3) All decisions given by a member sitting singly, or by a Division Bench
comprising two members or a larger Bench constituted as aforesaid shall be deemed
to be decisions of the Board.
Section 10 enforced w.e.f. December 18, 2015
11. Commissioners and Additional Commissioners.—(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 12 [being in force, and shall exercise
authority over all the revenue officers in his division.]
(2) The State Government may appoint one or more Additional Commissioners in
one or more Divisions.
(3) An Additional Commissioner shall exercise such powers and discharge such
duties of Commissioner in such cases or classes of cases as the State Government or,
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in the absence of any direction from the State Government, the Commissioner of the
division may direct.
(4) The provisions of this Code and every other law for the time being applicable to
a Commissioner shall apply to the Additional Commissioner when exercising powers or
discharging any duties under this section, as if he were the Commissioner of the
division.
13 [(5) The State Government may, at the time of making the appointment or at any
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from the State Government, the Collector may direct.
18 [(6) The State Government may, at the time of making the appointment or at any
time subsequent thereto, designate any Assistant Collector first class, as Sub-
Divisional Officer (Judicial) for one or more tahsils, and any such Sub-Divisional Officer
(Judicial) shall be allotted only judicial business. Such a Sub-Divisional Officer
(Judicial) shall exercise such powers and discharge such duties of a Sub-Divisional
Officer in such cases or classes of cases as the State Government, or in the absence of
any direction from the State Government, the Collector, may direct.]
Section 13 enforced w.e.f. December 18, 2015
14. Tahsildars and Tahsildars Judicial.—(1) The State Government may appoint in
each district as many persons as it thinks fit to be Tahsildars and Tahsildar Judicial.
(2) Subject to the provisions of this Code, the Tahisildar and Tahsildar Judicial shall
exercise such powers and discharge such duties as the State Government or the
Board, and in the absence of any directions from the State Government or the Board,
the Collector may direct.
Section 14 enforced w.e.f. December 18, 2015
15. Naib-Tahsildars.—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.
Section 15 enforced w.e.f. December 18, 2015
16. Revenue Inspectors and Lekhpals.—(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.
(2) The Collector may appoint in each tahsil, as many Lekhpals for the preparation,
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.
Section 16 enforced w.e.f. December 18, 2015
17. Combination of Offices.—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.
Section 17 enforced w.e.f. December 18, 2015
18. Recovery of money, papers, and other Government property.—(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.
19 [(2) If the officer or other person aforesaid does not comply as directed, the
Collector shall impose a penalty of two hundred and fifty rupees each day till the
direction is complied with, so however, total amount of such penalty shall not exceed
twenty-five thousand rupees:
Provided that the officer or other person, as the case may be, shall be given a
reasonable opportunity of hearing before any penalty is imposed on him.
(3) Imposition of penalty under sub-section (2) shall not bar the prosecution for
any offence or recovery of money, papers and other government property under any
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law for the time being in force.]
Section 18 enforced w.e.f. December 18, 2015
19. Other power of Revenue Officers.—(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.
(2) The revenue officers appointed under this Code shall, subject to the control of
the State Government, exercise such other powers and discharge such other duties as
the State Government may, by any general or special order, direct.
Section 19 enforced w.e.f. December 18, 2015
Chapter IV
BOUNDARIES AND BOUNDARY MARKS
20. Fixation and demarcation of boundaries.—(1) Boundaries of all villages in the
State and of all survey numbers in a village shall be fixed and demarcated by
boundary marks.
(2) The boundary marks shall, subject to the provisions hereinafter contained in this
chapter, be of such specifications and shall be constructed and maintained in such
manner as may be prescribed.
Section 20 enforced w.e.f. February 11, 2016
21. Obligation regarding maintenance and repair of 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.
(2) The 20 [Gram Panchayat] shall be responsible to maintain and repair at its cost
the boundary marks, other than those mentioned in sub-section (1), lawfully erected
in the village situate within its jurisdiction.
Section 21 enforced w.e.f. February 11, 2016
22. Destruction etc. of boundary marks.—(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-Tehsildar.
(2) The Naib-Tehsildar shall make an inquiry in respect of such report and shall
submit his recommendation to the Sub-Divisional Officer.
Section 22 enforced w.e.f. February 11, 2016
23. Power to require erection, repair or renewal of boundary marks.—(1) The Sub-
Divisional Officer may, on receipt of the recommendations of the Naib Tahsildar under
Section 22, or otherwise, require a 21 [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.
(2) Where the 22 [Gram Panchayat] or a tenure holder fails to erect, restore, repair or
replace the boundary marks as required under sub-section (1), the Sub-Divisional
Officer may cause such boundary marks to be erected, restored, repaired or replaced,
as the case may be, and recover the cost thereof from such 23 [Gram Panchayat] or the
tenure holder in the manner prescribed.
Section 23 enforced w.e.f. February 11, 2016
24. Disputes regarding boundaries.—(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.
(2) If in the course of an inquiry into a dispute under sub-section (1), the Sub-
Divisional Offices is unable to satisfy himself as to which party is in possession or if it
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is shown that possession has been obtained by wrongful dispossession of the lawful
occupant, the Sub-Divisional Officer shall—
(a) in the first case, ascertain by summary inquiry who is the person best
entitled to the property, and shall put such person in possession;
(b) in the second case, put the person so dispossessed in possession, and for
that purpose use or cause to be used such force as may be necessary and
shall then fix the boundary accordingly.
(3) Every proceeding under this section shall, as for as possible, be concluded by
the Sub-Divisional Officer within 24 [three months] from the date of the application.
(4) Any person aggrieved by the order of the Sub-Divisional Officer may prefer an
appeal before the Commissioner within 30 days of the date of such order. 25 [The order
of the Commissioner shall, subject to the provisions of Section 210, be final].
Section 24 enforced w.e.f. February 11, 2016
25. Rights of way and other easements.—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.
Section 25 enforced w.e.f. February 11, 2016
26. Removal of obstacle.—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.
Section 26 enforced w.e.f. February 11, 2016
27. Revisional powers of Sub-Divisional Officer.—The Sub-Divisional Officer may call
for the record of any case decided by the Tahsildar under Sections 25 and 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 26 [:]
27 [Provided that no application under this section shall be entertained after the
expiry of a period of thirty days from the date of the order sought to be revised.]
Section 27 enforced w.e.f. February 11, 2016
28. Order not to debar from establishing any right of easement.—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.
Section 28 enforced w.e.f. February 11, 2016
Chapter V
MAINTENANCE OF VILLAGE RECORDS
29. List of villages.—(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—
(a) the areas which are liable to fluvial action;
(b) the areas which have precarious cultivation; and
(c) such other particulars as may be prescribed.
(2) The register shall be revised every five years or at such longer intervals as may
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be prescribed.
Section 29 enforced w.e.f. February 11, 2016
30. Maintenance of Map and Field Book.—28 [(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).
29 [(2) The minjumla number shall be divided physically in the manner prescribed
and revenue records including map and khasra shall be corrected accordingly.]
Section 30 enforced w.e.f. February 11, 2016
31. Record of Rights.—30 [(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—
(a) the names of all tenure holders together with survey numbers or plot
numbers held by them and their areas;
(b) the nature or extent of the 31 [respective interests including shares] of such
persons and the conditions or liabilities, if any, attaching thereto;
(c) the rent or revenue, if any, payable by or to any such person;
(d) particulars of all land (other than holdings) belonging to or vested in the 32
[State Government, Central Government, Gram Panchayat] or a local
authority.
(e) such other particulars as may be prescribed.
33 [(2)
Shares of the co-tenureholders shall be determined in the manner
prescribed.]
Section 31 enforced w.e.f. February 11, 2016
32. Correction of records.—(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 error proved to
have been made in the records previously prepared 34 [:]
35 [Provided that order for correction in map shall be passed by the Collector.]
(2) No application for correction of error under sub-section (1) where the claim is
based solely on possession as well as involving intricate question of title shall be
maintainable.
Section 32 enforced w.e.f. February 11, 2016
33. Mutation in cases of succession.—(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.
(2) On receipt of a report under sub-section (1) or on facts otherwise coming to his
knowledge, the Revenue Inspector shall—
(a) if the case is not disputed, record such succession in the record of rights
(Khatauni);
(b) in any other case, make such inquiry as may appear to him to be necessary
and submit his report to the Tehsildar.
36
[(3)] Any person whose name has not been recorded by Revenue Inspector or
who is aggrieved by the order passed by the Revenue Inspector 37 [under clause (a) or
(b) of sub-section (2)] may move an application before Tehsildar.
38 [(4)] The provisions of this section shall mutatis mutandis apply to every person
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admitted as a Bhumidhar with non-transferable rights or as an asami by the Bhumi
Prabandhak Samiti in accordance with the provisions of this Code or any enactment
repealed by it.
Section 33 enforced w.e.f. February 11, 2016
34. Duty to report in cases of transfer.—39 [(1)] Every person obtaining possession
of any land by transfer, other than transfer referred to in sub-section (3) of Section 33
shall report such transfer, in the manner prescribed, to the Tehsildar of the Tahsil in
which the land is situate.
Explanation.—For the purposes of this section, the word transfer includes a family
settlement 40 [***].
41 [(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.]
Section 34 enforced w.e.f. February 11, 2016
35. Mutation in cases of succession or transfer.—(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—
(a) if the case is not disputed, he shall direct the record of rights (Khatauni) to
be amended accordingly;
(b) 42 [** *]
43 [(c) if the case is disputed, he shall decide the dispute and direct, if necessary,
prefer an appeal to the Sub-Divisional Officer within a period of thirty days from the
date of such order.]
Section 35 enforced w.e.f. February 11, 2016
36. Intimation of transfer and deposit of land revenue.—(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.
(2) Notwithstanding anything contained in this chapter, no order for correction of
records under Section 32 and no order for recording succession under Section 33 and
no amendment of record of rights (Khatauni) under Section 35 and no correction
under Section 38 shall be recorded, unless the amount of land revenue due up-to-date
in respect of the land to which such order relates has been deposited.
Section 36 enforced w.e.f. February 11, 2016
37. Bar against certain suits.—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.
Section 37 enforced w.e.f. February 11, 2016
38. Correction of error and omission.—(1) An application for correction of any error
or omission in the map, field-book (Khasra) or record of rights (Khatauni) shall be
made to the Tahsildar in the manner prescribed.
45 [(2) On receiving an application under sub-section (1) or on any error or omission
otherwise coming to his knowledge, the Tahsildar shall make such inquiry as may
appear to him to be necessary, and refer the case along with his report to the Collector
in the case of map correction and to the Sub-Divisional Officer in matter of other
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correction.
(3) The case shall be decided by the Collector or the Sub-Divisional Officer, as the
case may be, after considering any objection filed and evidence produced before him
or before the Tahsildar.
(4) Any person aggrieved by an order of the Collector or the Sub-Divisional Officer,
as the case may be, under sub-section (3), may prefer an appeal to the Commissioner
within a period of thirty days from the date of such order, and 46 [The decision of the
Commissioner shall, subject to the provisions of Section 210, be final].
47 [(5) Any forged or manipulated entry in the map, the khasra or the record of
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be punished with imprisonment of either description for a term which may extend to
three years and shall, also be liable to fine.
(9) Such bank or other financial institution shall also endorse the final repayment of
the loan on the Kisan Bahi.
Section 41 enforced w.e.f. February 11, 2016
42. Duty to produce information or documents.—Every person whose rights,
interests or obligations are required to be or have been entered in any record or
register maintained under his 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.
Section 42 enforced w.e.f. February 11, 2016
Chapter VI
REVISION OF VILLAGE RECORDS
43. Notification of record and survey operations.—(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.
51 [(2) The State Government may, by notification in the Gazette, order that a
survey operation or a record operation of abadi or village abadi or both shall be made
in the manner prescribed.]
52 [(3) The State Government may, by a subsequent notification, amend or cancel
the notification issued under sub-section (1) or sub-section (2), or declare the
operation to be closed.]
Section 43 enforced w.e.f. February 11, 2016
44. Record Officer and Assistant Record Officer.—(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.
(2) The Assistant Record Officer shall, for so long as the notification under 53 [sub-
section (1) or sub-section (2) of Section 43] is in force, exercise the powers conferred
on him by this Code and shall discharge such other duties as may be entrusted to him
by the Record Officer.
Section 44 enforced w.e.f. February 11, 2016
45. Power of Record Officer during record or survey operation.—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.
Section 45 enforced w.e.f. February 11, 2016
46. Revision of records during record operation.—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 54 [the record of rights
(khatauni) or the record of abadi or village abadi].
Section 46 enforced w.e.f. February 11, 2016
47. Revision of records during survey operation.—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 55 [the field book
(Khasra) and the record of rights (Khatauni) or the record of abadi or village abadi, as
the case may be].
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Section 47 enforced w.e.f. February 11, 2016
48. Powers of Record Officer as to erection of boundary marks.—When any local area
is under survey operation the Record Officer may issue a proclamation directing all 56
[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 57 [Gram Panchayats] or Bhumidhars concerned.
Section 48 enforced w.e.f. February 11, 2016
49. Procedure of revision of map and records.—(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.
(2) After the test and verification of the current record of rights, the Naib Tahsildar
shall correct clerical mistakes and errors, if any, in such records, and shall cause to be
issued to the concerned tenure holders and other persons interested, notices
containing relevant extracts from the current record of rights and such other records
as may be prescribed showing their rights and liabilities in relation to land and
mistakes and disputes discovered during the operations mentioned in sub-section (1).
(3) Any person to whom notice under sub-section (2) has been issued may within
twenty-one days of the receipt of notice, file before the Naib Tahsildar objections in
respect thereof disputing the correctness or nature of the entries in such records or
extracts.
(4) Any person interested in the land may also file objection before the Naib
Tahsildar at any time before the dispute is settled in accordance with sub-section (5)
or before the Assistant Record Officer, at any time before the objections are decided in
accordance with sub-section (6).
(5) The Naib Tehsildar shall—
(a) where objections are filed in accordance with sub-section (3) or sub-section
(4) after hearing the parties concerned; and
(b) in any other case, after making such inquiry as he may deem necessary,
correct the mistake, and settle the dispute by conciliation between the parties
appearing before him, and pass order on the basis of such conciliation.
(6) The record of all cases which cannot be disposed of by the Naib Tahsildar by
conciliation as required by sub-section (5), shall be forwarded to the Assistant Record
Officer who shall dispose of the same, in accordance with the procedure laid down in
Section 24 and where the dispute involves a question of title, he shall decide the same
after a summary inquiry.
(7) Where after the summary inquiry under sub-section (6), the Assistant Record
Officer is satisfied that the land in dispute belongs to the State Government or a local
authority, he shall cause the person in unauthorised occupation of such land to be
evicted and may, for that purpose, use or cause to be used such force as may be
necessary.
(8) Any person aggrieved by an order of the Assistant Record Officer made under
sub-section (6) or sub-section (7) 58 [may prefer an appeal within thirty days from the
date of such order to the Record Officer in the manner prescribed] and every order of
the Record Officer on such appeal shall, subject to the provisions of Section 210, be
final.
Section 49 enforced w.e.f. February 11, 2016
50. Finalisation of record of rights.—After the revision of map or records in
accordance with Section 49, the Assistant Record Officer shall confirm or amend the
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record of rights (Khatauni) under his dated signature.
Section 50 enforced w.e.f. February 11, 2016
51. Preparation of new record of rights.—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.
Section 51 enforced w.e.f. February 11, 2016
52. Procedure for villages where no records are available.—59 [(1)] The provision 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.
60 [(2) The provisions of this Chapter shall, mutatis mutandis, apply to record
the State Government under any of the enactments repealed by this Code, for the
purposes connected with the working or extraction of any mine or mineral, and
operating on the date of commencement of this Code, shall, subject to the terms and
conditions of the lease aforesaid, continue to retain possession thereof on payment of
such rent as was in force on the date of such commencement.]
Section 55 enforced w.e.f. February 11, 2016
56. Rights in trees.—(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.
(2) All trees existing on the boundary of any holdings shall be deemed to belong
jointly to the persons who hold the holdings on either side of such boundary.
(3) All trees in abadi or in any unoccupied land belonging to or held by any person
immediately before the date of commencement of this Code shall continue to belong
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to such person and be held subject to any other law for the time being in force and to
any rules made under this Code.
(4) Subject to the provisions of Section 57, all trees, brushwood, jungle or other
natural product, wherever growing or planted, other than the trees referred to in sub-
sections (1) to (3) shall, with effect from the date of commencement of this Code be
deemed to be the property of the State Government.
Explanation.—For the purposes of this section, and Section 59, the expression
‘unoccupied land’ means the land in a village other than the land held by tenure-
holders.
Section 56 enforced w.e.f. February 11, 2016
57. Fruit bearing trees.—(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 an 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 representatives shall be entitled to the fruits of
such trees without payment of any charges whatsoever.
(2) Any person desiring to plant a fruit bearing tree after the commencement of this
Code, on either side of any public road or path or canal may do so with the permission
in writing of the Collector or any other officer authorized by the State Government in
this behalf, and the provisions of sub-section (1) shall apply to the trees so planted.
(3) The right conferred under this section shall be heritable but the person planting
the fruit bearing tree or his heirs shall have no right to the corpus of such tree or in
the land on which it stands.
Section 57 enforced w.e.f. February 11, 2016
58. Disputes to be decided by Collector.—(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.
(2) Any person aggrieved by any order passed under sub-section (1) may file an
appeal before the Commissioner within 62 [thirty days] from the date of order.
Section 58 enforced w.e.f. February 11, 2016
Chapter VIII
MANAGEMENT OF LAND AND OTHER PROPERTIES BY 63 [GRAM PANCHAYAT] OR OTHER
LOCAL AUTHORITY
59. Entrustment of land etc. to 64 [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 sub-section (2), which
vest in the State Government, to a 65 [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 66 [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 67 [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;
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(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 or other thing—
(a) vested in a 68 [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 69 [Gram Panchayat] or any other local authority
under any of the enactments repealed by this Code;
(c) otherwise coming into possession of a 70 [Gram Panchayat] or other local
authority, either before or after the commencement of this Code;
shall be deemed to be entrusted to such 71 [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,—
72 [(a)(i) add to, amend, vary or rescind any earlier order issued under sub-
section (1);
(ii) convert any land entrusted or deemed to be entrusted or transferred to any
Gram Panchayat or local authority, which is not covered under sub-section (1)
of Section 77 to a land covered under sub-section (1) of Section 77.]
(b) transfer to any other 73 [Gram Panchayat] or other local authority, any land or
other thing entrusted or deemed to be entrusted under sub-section (1) or sub
-section (3) for superintendence, preservation, management and control;
74 [(c)(i) resume any land or other thing so entrusted or deemed to be entrusted
Kshettra Panchayat, Zila Panchayat, Town Area, Notified Area, Cantonment Area,
Nagar Panchayat, Nagar Palika, Nagar Mahapalika, Nagar "Nigam, Noida Vikas
Pradhikaran, Greater Noida Vikas Pradhikaran, Yamuna Expressway Vikas Pradhikaran
or any Industrial township declared as an Industrial Development Area under the Uttar
Pradesh Industrial Area Development Act, 1976 under Article 243-Q of the
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Constitution of India.]
Section 59 enforced w.e.f. February 11, 2016
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 81 [Gram Panchayat], with the superintendence,
preservation, management and control of all land and other things entrusted or
deemed to be entrusted to that 82 [Gram Panchayat] under Section 59 or over which
such 83 [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;
84 [(b) the preservation, maintenance and development of forests, trees and
pastures.]
(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 85
[Gram Panchayat]; and
(i) such other matters as may be prescribed.
Section 60 enforced w.e.f. February 11, 2016
61. Management of village tanks.—Where a tank in any village is entrusted or
deemed to be entrusted to any 86 [Gram Panchayat] under Section 59, then,
notwithstanding anything contained in any contract or grant or any law for the time
being in force, its management by such 87 [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 acre, 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.
Section 61 enforced w.e.f. February 11, 2016
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 88 [Gram
Panchayat].
(2) No suit or other proceedings to which any 89 [Gram Panchayat] is a party shall be
compromised or withdrawn on behalf of such 90 [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.
Section 62 enforced w.e.f. February 11, 2016
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
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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 91 [Gram Panchayat] under
clause (i) of sub-section (2) of Section 59;
(b) all lands coming into possession of 92 [Gram Panchayat] under any other
provision 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) 93 [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;
94 [(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).]
Section 63 enforced w.e.f. February 11, 2016
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 Tribe 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—
(1) “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);
(2) “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 95 [:]
96 [Provided that if the allottee is a married man and his wife is alive, she shall be co
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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 a 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.
Section 65 enforced w.e.f. February 11, 2016
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 a period of three years from the date of allotment.
(3) 97 [Every order of the Collector made under this section shall, subject to the
provisions of Section 210, be final].
Section 66 enforced w.e.f. February 11, 2016
67. Power to prevent damage, misappropriation and wrongful occupation of 98 [Gram
Panchayat] property.—(1) Where any property entrusted or deemed to be entrusted
under the provisions of this Code to a 99 [Gram Panchayat] or other local authority is
damaged or misappropriated, or where any 100 [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,
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shall inform the 101 [Assistant Collector] concerned in the manner prescribed.
102 [(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
103 [Assistant Collector] may allow in this behalf, or if the cause shown is found to be
insufficient, the 104 [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 105 [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 106 [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 107 [Assistant Collector]
under this section shall, subject to the provisions of sub-sections (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 building standing thereon.
Section 67 enforced w.e.f. February 11, 2016
108
[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 exists 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
exists 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.]
Section 67-A enforced w.e.f. February 11, 2016
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
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have been constituted under this section.
(3) The 109 [Gaon Fund] shall be operated in such manner and shall be applied for
such purposes as may be prescribed.
Section 68 enforced w.e.f. February 11, 2016
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 110 [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 111
[Gram Panchayat] or the Bhumi Prabandhak Samiti under this Code;
112
[(c) The payment of expenses incurred on protection, preservation and
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 the Code and subsisting immediately before its commencement shall be deemed to
have been constituted under this section.
113
[(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.]
Section 69 enforced w.e.f. February 11, 2016
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).
Section 70 enforced w.e.f. February 11, 2016
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 function imposed or
assigned to it 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 this 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
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the rank of a Naib Tahsildar and for such period and subject to such restrictions as
may be specified 114 [:]
115 [Provided that reasonable opportunity of hearing shall be given to the Bhumi
head-quarters who shall also look after the work related to Circuit Courts of
the Board, (wherever Circuit Courts exist at Division level) and]
(d) 119 [one District Government Counsel (Revenue) and one or more Additional
District Government Counsel (Revenue) for the district headquarters.]
(2) The Collector may, on such terms and conditions and in such manner as may be
presctibed, 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
apponted 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 120 [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.
121 [(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 for 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.]
Section 72 enforced w.e.f. February 11, 2016
73. Representation of 122 [Gram Panchayat].—(1) In any suit or other proceedings
under this Code, the 123 [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
Counsels (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
124
[Gram Panchayat] is party on such terms and conditions as may be prescribed.
Section 73 enforced w.e.f. February 11, 2016
Chapter IX
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TENURES
74. Classes of tenures.—There shall be following classes of tenure holders, namely—
(a) Bhumidhar with transferable rights;
(b) Bhumidhar with non-transferable rights;
(c) Asami, and
(d) Government lessee.
Section 74 enforced w.e.f. February 11, 2016
75. Bhumidhar with transferable rights.—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—
(a) every person who was a bhumidhar with transferable rights immediately
before the date of commencement of this Code;
(b) every person who in any other manner acquires, on or after the said date, the
rights of such a bhumidhar under or in accordance with the provisions of this
Code or under any other law for the time being in force.
Section 75 enforced w.e.f. February 11, 2016
76. Bhumidhar with non-transferable rights.—(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—
(a) every person who was a bhumidhar with non-transferable rights immediately
before the date of commencement of this Code;
(b) every person who is admitted as a bhumidhar with non-transferable rights on
or after the said date by the Bhumi Prabandhak Samiti to any land under or in
accordance with the provisions of this Code;
125 [(c) every person who is allotted any land on or after the said date under the
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(3) Every person who was a Bhumidhar with non-transferable rights on the
commencement referred to sub-sections (1) and (2) or becomes Bhumidhar with non-
transferable rights after such commencement shall become Bhumidhar with
transferable rights after expiry of five years from his becoming Bhumidhar with non-
transferable rights.
(4) Notwithstanding anything contained in any other provisions of this Code, if any
person transfers land by sale after becoming Bhumidhar with transferable rights 129
[under sub-section (2) or sub-section (3)], he shall not be eligible for lease of any
land vested in the 130 [Gram Panchayat] or the State Government or the surplus land
defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.
Section 76 enforced w.e.f. February 11, 2016
77. Bhumidhar rights not to accrue in certain lands.—131 [(1)] Notwith-standing
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—
(a) Khaliyan, manure pits, pasture land or land normally used as burial or
cremation ground;
(b) land covered by water and used for the purpose of growing singhara or other
produce;
(c) land situate in the bed of a river and used for casual or occasional cultivation;
(d) such tracts of shifting or unstable cultivation which the State Government
may by notification specify;
(e) land declared by the State Government to be intended or set apart for
taungya plantation and notified as such;
(f) grove land entrusted or deemed to be entrusted to a 132 [Gram Panchayat] or
any other local authority under Section 59;
(g) land included in sullage farm or trenching ground entrusted or deemed to be
entrusted to a 133 [Gram Panchayat] or any other local authority under Section
59;
(h) land acquired or held for a public purpose or a work of public utility;
(i) land covered by a pond, tank or lake, or forming part of an embankment,
bandh or bhita; and
(j) any other land which the State Government may, by notification, specify in
this behalf.
Explanation.—The expression ‘public purpose’, in clause (h) shall include:
(i) land set apart for military encamping ground;
(ii) land included within railway or canal boundaries;
(iii) land acquired and held by a local authority for its own purposes;
(iv) land referred to in Section 29-C of the Uttar Pradesh Consolidation of
Holdings Act, 1953; or
(v) land reserved by a 134 [Gram Panchayat] for the purposes of public utility.
135
[* * *]
136 [(2) Notwithstanding anything to the contrary contained in other provisions of
this Code, where any land or part thereof specified in sub-section(1) of this section is,
surrounded by or, in between, or on the edges and necessary for public purpose, the
plot or plots of land purchased, acquired or resumed for public purpose, the State
Government may change the class of such public utility land, and if class of such
public utility land is changed, any other land equivalent to or more than that of the
aforesaid public utility land, shall be reserved for the same purpose in the same or any
nearby Gram Panchayat or local authority, as the case may be or the State
Government may permit the exchange thereof under Section 101 of this Code in the
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manner prescribed.
Provided that the class of any public utility land may be changed only in
exceptional cases on such terms and conditions, as may be prescribed. The reason
for changing the class of public utility land shall be recorded in writing.]
(3) The State Government, while changing the class of the land or permitting the
exchange of the same under Section 101 of the Code, shall consider the location,
public utility and suitability of the land proposed to be reserved or exchanged.
(4) If class of land is changed under sub-section (2) of this section, the Collector
shall order the record of rights (Khatauni) and the map to be corrected accordingly.
Explanation.—The expression ‘public purpose’, in sub-section (2) of this section
means, mutatis mutandis, ‘the public purpose’ as defined in clause (za) of Section 3 of
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Act No. 30 of 2013).]
Section 77 enforced w.e.f. February 11, 2016
78. Asami.—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—
137
[(a) subject to the provisions of clause (dd) of sub-section (1) of Section 76 of
this Code, every person who was an asami immediately before the date of
commencement of this Code;]
(b) every person who is admitted as an asami on or after the said date by the
Bhumi Prabandhak Samiti to any land under or in accordance with the
provisions of this Code;
(c) every person who is admitted as lessee on or after the said date, by a
bhumidhar of any land under or in accordance with the provisions of this
Code;
(d) every person who in any other manner acquires the rights of an asami under
or in accordance with the provisions of this Code or any other law for the time
being in force.
Section 78 enforced w.e.f. February 11, 2016
79. Right of bhumidhars to exclusive possession.—(1) A bhumidhar with
transferable rights shall, subject to the provisions 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.
(2) A bhumidar with non-transferable rights shall, subject to the provisions of this
Code, have the right to exclusive possession of all land of which he is such a
bhumidhar, and to use such land for any purpose connected with agriculture.
Section 79 enforced w.e.f. February 11, 2016
138
[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, suo motu 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:
139
[Provided that if the application for declaration is accompanied with the
prescribed fee and in case of joint holding, no objection of co-tenure holders is
attached in case of co-tenure holder and if the declaration is not made by the Sub-
Divisional Officer with forty-five days as aforesaid, then the declaration shall be
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deemed to have been made. Tehsildar will make a record of it in the revenue
records, with the comment “subject to the order of the Sub-Divisional Officer”.
If any affected party wants to file an objection in relation to the said declaration, it
may file an objection in the competent court.]
(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:
140
[* * *]:
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.
(3) A bhumidhar possessing declaration under sub-section (2) for his holding or
part thereof, may apply to Sub-Divisional officer for converting declaration under sub-
section (2) to a declaration under sub-section (1), after completion of construction
activity or start of the proposed non- agricultural activity, within a period of five years
from declaration under sub-section (2). On receipt of such an application, the Sub-
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 shall 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 prescribed.
(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.
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(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.]
Section 80 enforced w.e.f. February 11, 2016
81. Consequences of declaration.—Where a declaration has been made under 141
[sub-section (1) of Section 80] the following consequences shall, in respect of such
holding or part to which it relates ensue:
(a) all restrictions imposed by or under this chapter, in respect of transfer of land
shall cease to apply to the bhumidhar with transferable rights;
(b) notwithstanding anything contained in Chapter XI, the land shall, with effect
from the commencement of the agricultural year following the date of
declaration, be exempted from payment of land revenue;
(c) the bhumidhar shall, in the matter of devolution be governed by the personal
law to which he is subject.
Section 81 enforced w.e.f. February 11, 2016
82. Cancellation of declaration.—(1) Whenever any holding or part thereof in
respect of which a declaration has been made under Section 80 is used for 142 [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.
(2) Where a declaration is cancelled under sub-section (1) the following
consequences shall in respect of the holding or part to which it relates ensue namely—
(a) the holding or part shall become subject to all restrictions imposed by or
under this chapter in matters of transfer and devolution;
(b) the holding or part shall become liable to payment of land revenue with
effect from the commencement of the agricultural year in which the order for
cancellation of the declaration is made:
Provided that until any land revenue is reassessed on such holding or part
in accordance with the provisions of this Code, the land revenue payable or
deemed to be payable in respect of such holding or part before the grant of
declaration under Section 80 shall be deemed to be the land revenue payable
in respect of such holding or part;
(c) where the land is in possession of any person other than the bhumidhar
thereof on the basis of a contract or lease, and the terms of such contract or
lease are inconsistent with the provisions of this Code, such contract or lease
shall to the extent of the inconsistency, become void and the person in
possession shall be liable to ejectment on the suit of bhumidhar:
Provided that a mortgage with possession existing on the date of the
cancellation of the declaration shall, to the extent of the amount due and
secured on such land, be deemed to be substituted by a simple mortgage
carrying such rates of interest as may be prescribed.
Section 82 enforced w.e.f. February 11, 2016
143 [83. Recording of declaration or cancellation.—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
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prescribed.]
Section 83 enforced w.e.f. February 11, 2016
84. Right of an asami for exclusive possession of his holding.—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:
Provided that no asami shall be entitled to use any land declared by the State
Government by notification to be intended or set apart for taungya plantation, for any
purpose other than cultivation and raising of crops.
Section 84 enforced w.e.f. February 11, 2016
85. Consequences of using the land in contravention of the provisions of this Code.
—(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 144 [Gram Panchayat].
(2) Where an asami uses his holding or part thereof for any purpose not permitted
by Section 84, 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 land
holder.
(3) A decree for ejectment under this section may direct payment of damages
equivalent to the cost of works which may be required to restore the land to its
original condition.
Section 85 enforced w.e.f. February 11, 2016
86. Extinction of interest of bhumidhar with non-transferable rights or asami.—
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.
Section 86 enforced w.e.f. February 11, 2016
87. Improvement not to be removed.—(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.
(2) Where the right, title or interest of any tenure holder in any holding or part is
extinguished under or in accordance with the provisions of this Code, he shall not be
entitled to remove or appropriate any improvement made by him under sub-section
(1).
Section 87 enforced w.e.f. February 11, 2016
Transfers
88. Transferability of a bhumidhar's interest.—(1) The interest of a bhumidhar with
transferable rights shall, subject to the provisions of this Code, be transferable.
(2) Save as otherwise expressly provided by this Code or any other law for the time
being in force, the interest of a bhumidhar with non-transferable rights or an asami in
any holding shall not be transferable.
Section 88 enforced w.e.f. February 11, 2016
89. Restriction on transfer by bhumidhar.—(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).
145
[(2) Subject to the provisions of sub-section (3), no person shall have the right
to acquire by purchase or gift any holding or part thereof from a bhumidhar with
transferable rights, where the transferee shall, as a result of such acquisition, become
entitled to land which together with land, if any, held by such transferee and where
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the transferee is a natural person, also together with land, if any, held by his family
shall exceed 5.0586 hectares in Uttar Pradesh.]
146
[* * *]
147
[(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:
148 [Provided that where the land has been acquired or purchased by a registered
firm, company, partnership firm, limited liability partnership firm, trust, society or any
other educational or a charitable institution, without obtaining prior approval under
this sub-section or sub-section (3) of Section 154 of the Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950 as enacted before the repeal, the State
Government or an officer authorized for this purpose under this Act, may give its
approval for regularizing such acquisition or purchase, after payment of an amount as
fine, which shall be ten percent of the cost of the land in excess of the limit prescribed
under sub-section (2) calculated as per the circle rate prevailing af the time of making
the application:
Provided further that where the State Government is satisfied that any transfer has
been made in the public interest under various promotion investment policies or for
the projects being encouraged by the State Government, for the establishment of
private Universities and medical colleges, it may exempt any such transferee from the
payment of fine under this sub-section.]
(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.]
Section 89 enforced w.e.f. February 11, 2016
90. Persons other than Indian nationals not to acquire land.—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
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prior permission in writing from the State Government.
Explanation.—For the purposes of this section, the expression “an Indian citizen”
includes any company or association or body of individuals, whether incorporated or
not, which is wholly or substantially owned or controlled by Indian citizens.
Section 90 enforced w.e.f. February 11, 2016
91. Restrictions on transfer by mortgage.—No bhumidhar shall have the 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.
Section 91 enforced w.e.f. February 11, 2016
92. 149 [Mortgage of land by bhumidhar with non-transferable rights].—Subject to
the provisions of this Code, the interest of a bhumidhar with non-transferable rights in
any holding or its part may be—
(a) transferred by mortgage without possession as security for a loan taken or to
be taken from the State Government or a bank or a co-operative society or the
U.P. State Agro Industrial Corporation Ltd. or any other financial institution
owned and controlled by such Government;
(b) sold in execution of a decree of any court regarding the matter referred to in
clause (a) or in proceedings for collection of land revenue under Chapter XII.
Section 92 enforced w.e.f. February 11, 2016
93. Transfer of possession for securing money shall be deemed to be a sale.—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.
Section 93 enforced w.e.f. February 11, 2016
150
[94. Lease by a Bhumidhar.—(1) A Bhumidhar may lease out his 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. 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.]
Section 94 enforced w.e.f. February 11, 2016
151 [95. Lease - how made, its termination and any dispute arising thereto
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Lease by a bhumidhar for a single crop or for period upto one year may be either oral
or in writing. Lease agreement for period exceeding one year shall be made by a
registered 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 after 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, machinery 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.
(d) In case the Lessee wishes to terminate the lease agreement prematurely 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 Lessor 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
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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.]
Section 95 enforced w.e.f. February 11, 2016
96. Lease by a disabled co-shares.—152 [* * *]
Section 96 enforced w.e.f. February 11, 2016
97. Lease how made.—153 [* * *]
Section 97 enforced w.e.f. February 11, 2016
154 [98. Restrictions on transfer by Bhumidhars belonging to a scheduled caste.—(1)
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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.
Section 100 enforced w.e.f. February 11, 2016
155 [101. Exchange.—(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—
(a) held by another bhumidhar; or
(b) entrusted or deemed to be entrusted to any Gram Panchayat or a local
authority under Section 59:
156 [Provided that permission for exchange may be granted even if the
valuation of private land offered for exchange is more than ten percent of the
value of the public land.]
(2) The Sub-Divisional Officer shall refuse permission under sub-section (1) in the
following cases, namely—
(a) if the exchange is not necessary for the consolidation of holdings or securing
convenience in cultivation; or
(b) if the difference between the valuation, determined in the manner
prescribed, of the lands given and received in exchange exceeds ten per cent
of the lower valuation; or
(c) if the difference between the areas of the land given and received in
exchange exceeds twenty-five per cent of the lesser area; or:
157
[Provided that permission for exchange may be granted even if the area of
private land offered for exchange is more than twenty five percent of the area of the
public land.]
(d) in the case of land referred to in clause (b) of sub-section (1), if it is reserved
for planned use, or is land in which bhumidhari rights do not accrue; or
(e) if the land is not located in same or adjacent village of the same tahsil:
Provided that the State Government may permit the exchange with land
mentioned in clause (d) aforesaid, on the conditions and in the manner,
prescribed.
(3) Nothing in this section shall be deemed to empower any person to exchange his
undivided interest in any holding, except where such exchange is in between two or
more co-sharers.
(4) Nothing in the Registration Act, 1908 (Act No. 16 of 1908), shall apply to an
exchange in accordance with this section.]
Section 101 enforced w.e.f. February 11, 2016
102. Consequences of exchange.—Where an exchange is made in accordance with
Section 101—
(a) the parties to the exchange shall have the same rights in the land received in
exchange as they had in the land given;
(b) the Sub-Divisional Officer shall order the record of rights (Khatauni) to be
corrected accordingly; and
(c) the amount of land revenue assessed, payable or deemed to be payable for
the land so exchanged shall not be affected thereby.
Section 102 enforced w.e.f. February 11, 2016
103. Effect of lease in contravention of this Code.—158 [* * *]
Section 103 enforced w.e.f. February 11, 2016
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159
[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.]
Section 104 enforced w.e.f. February 11, 2016
105. Consequences of transfer by Bhumidhar in contravention of the Code.—(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—
(a) the subject matter of such transfer shall vest in the State Government free
from all encumbrances;
(b) the trees, crops, wells and other improvements; existing on such holding or
part shall vest in the State Government free from all encumbrances;
(c) the interests of the transferor and the transferee in the properties specified in
clauses (a) and (b) shall stand extinguished;
(d) the extinction of interest of the transferor under clause (c) shall operate to
extinguish the interest of any asami holding under him.
160 [(e) the provisions of this section shall not apply to any lease made under
Section 94.]
(2) Where any land or other property has vested in the State Government under
sub-section (1) it shall be lawful for the Collector to take over possession of such land
and other property, and to direct that any person occupying such land or property be
evicted therefrom, and for that purpose, the Collector may use or cause to be used
such force as may be necessary and the provisions of Section 59 mutatis mutandis
shall apply to such property.
Section 105 enforced w.e.f. February 11, 2016
106. Consequences of transfer made by asami in contravention of this Code.—
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 161 [Gram
Panchayat] or other land holder, as the case may be, in accordance with the provisions
of this Code.
Section 106 enforced w.e.f. February 11, 2016
Devolution
107. Bequest by Bhumidhar or Asami.—(1) Subject to the provisions of sub-section
(2), a bhumidhar with transferable rights may bequeath his interest in any holding by
will.
(2) In relation to a bhumidhar with transferable rights belonging to a scheduled
caste or scheduled tribe, the provisions of Sections 98 and 99 shall apply to the
making of bequests as they apply to transfer during life time.
(3) Every will made under this section shall, notwithstanding anything contained in
any law, custom or usage, be in writing attested by two witnesses and registered.
(4) No bhumidhar with non-transferable rights or asami shall have the right to
bequeath his interest in any holding by will.
(5) A bequest made in contravention of the provisions of this section shall be void.
Section 107 enforced w.e.f. February 11, 2016
162 [108. General order of succession to male bhumidhar, asami or government
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(ii) the heirs specified in any preceding clause of sub-section (2) shall take to the
exclusion of all heirs specified in succeeding clauses, that is to say, those in
clause (a) shall be preferred to those in clause (b), those in clause (b) shall be
preferred to those in clause (c) and so on, in succession;
(iii) if there are more widows than one, of the bhumidhar, asami or government
lessee, or of any predeceased male lineal descendant, who would have been
an heir, if alive, all such widows together shall take one share;
(iv) the widow or widowed mother or the father's widowed mother or the widow
of any predeceased male lineal descendant who would have been an heir, if
alive, shall inherit only if she has not remarried.
164
[(2) The following relatives of the male third gender Bhumidhar, asami or
government lessee are heirs subject to the provisions of sub section (1), namely—
(a) Widow, or third gender spouse, unmarried daughters, third gender issue and
the male lineal descendants in the male line of descent per stirpes:
Provided that widow, unmarried daughters, third gender issue and sons
howsoever low shall inherit per stripes the share which would have devalved upon
the predeceased son had he been alive.
(b) Mother and father;
(c) Married daughter;
(d) Brother, unmarried sister, third gender sibling being respectively the son and
daughter, third gender issue of the same father as the deceased, and son,
unmarried daughter, third gender issue of predeceased brother, the
predeceased brother, having been the son of the same father as the deceased.
(e) Son's daughter and third gender issue;
(f) Father's mother and father's father;
(g) Daughter's son, third gender issue and unmarried daughter; (h) Married
sister;
(i) Half sister, being the daughter of the same father as the deceased;
(j) Sister's son, third gender issue and unmarried daughter;
(k) Half sister's son, third gender issue and unmarried daughter the sister having
been the daughter of the same father as the deceased;
(l) Brother's son's son, third gender issue and unmarried daughter;
(m) Father's father's son, third gender issue and unmarried daughter;
(n) Father's father's son's son, third gender issue and unmarried daughter;
(o) Mother's mother's son, third gender issue and unmarried daughter.]
Section 108 enforced w.e.f. February 11, 2016
109. Succession to woman inheriting interest as a female heir.—Where before or
after the commencement of this Code, any woman inherits the interest of a male 165
[third 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 bhumidhar, asami or Government lessee, as the
case may be.
Explanation.—The expression ‘nearest surviving heir’ in this section means the heir
ascertained in accordance with Section 108:
166
[Provided that if any woman inheriting as a daughter, who has surviving heirs
specified in clause (a) of Section 110 of this Code, dies, her interest in the holding
shall devolve upon heirs specified in clause (a) of Section 110.]
Section 109 enforced w.e.f. February 11, 2016
167 [110. Where any female bhumidhar asami or a government lessee dies, after the
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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—
(a) Son, third gender issue, unmarried daughter, son's son, third gender issue,
and unmarried daughter, son's son's son, third gender issue and unmarried
daughter, predeceased son's widow, and predeceased son's predeceased son's
widow, in equal shares as per stripes:
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 or married third gender spouse;
(c) Married daughters;
(d) Daughter's son, third gender issue and unmarried daughter;
(e) Father;
(f) Widow mother;
(g) Brother being the son of the same father as the deceased, third gender
sibling being the issue of the same father as the deceased and brother's son,
third gender issue and unmarried daughter as per stirpes;
(h) Unmarried sister;
(i) Married sister;
(j) Sister's son, third gender issue and unmarried daughter.]
Section 110 enforced w.e.f. February 11, 2016
111. Savings as to religious endowments, 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 wakf comprising any holding, which shall continue to
be governed by such personal or other law as may be applicable to it.
Section 111 enforced w.e.f. February 11, 2016
112. Interest of co-tenure-holders to pass by survivorship.—(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.
(2) Where any land is held by two or more co-tenure holders, and any one of them
dies after the commencement of this Code without leaving any heir entitled to succeed
under Sections 108 to 110, the interest of such co-tenure holder shall pass to the
surviving co-tenure holders in equal shares.
Section 112 enforced w.e.f. February 11, 2016
113. Persons other than Indian citizens and persons of Indian origin not to inherit.
—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.
Section 113 enforced w.e.f. February 11, 2016
114. Other conditions regarding devolution.—The devolution of interest in any
holding under this chapter shall be subject to the following conditions—
(a) If a 168 [bhumidhar, asami or government lessee] dies intestate, and at the
time of his death; a child was in the womb who was subsequently born alive,
then such child shall have the same right to inherit as if he or she had been
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born before the death of such 169 [bhumidhar, asami or government lessee],
and the inheritance shall be deemed to vest in such a case with effect from
the date of death of such 170 [bhumidhar, asami or government lessee];
(b) Where two persons have died in circumstances rendering it uncertain
whether either of them and if so which survived the other, then for purposes
of devolution of interest in any holding, it shall be presumed, until the
contrary is proved, that the younger survived the elder;
(c) A person who commits murder of a 171 [bhumidhar, asami or government
lessee], or abets the commission of such murder, shall be disqualified from
inheriting the interest of the deceased in any holding;
(d) If any person is disqualified from inheriting the interest in the holding of any
172 [bhumidhar, asami or government lessee] under clause (c), such interest
shall devolve as if the disqualified person had died before the death of such 173
[bhumidhar, asami or government lessee].
174
[Explanation.—In this section, the expression ‘murder’ means any offence
punishable under Section 302, Section 304, Section 304-B, Section 305 or Section
306 of the Indian Penal Code.]
Section 114 enforced w.e.f. February 11, 2016
115. Escheat.—(1) Where a bhumidhar or an asami holding land from a 175 [Gram
Panchayat] dies without known heir, 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.
(2) The terms and conditions of every lease under sub-section (1) shall be such as
may be prescribed.
(3) If within three years of the date on which the Sub-Divisional Officer takes
possession of the land any claimant applies for the land being restored to him, the Sub
-Divisional Officer may, after such inquiry as he thinks fit, allow or reject his claim.
(4) Any person aggrieved by an order rejecting his claim under sub-section (3)
may, within one year from the date of communication of such order to him, file a suit
for declaration of his rights under Section 144.
(5) The Sub-Divisional Officer shall continue to lease out the land in accordance
with sub-sections (1) and (2) till the suit referred to in sub-section (4) is finally
decided.
(6) If no claimant appears within three years from the date of taking possession of
the land by the Sub-Divisional Officer, or if the claimant whose claim has been
rejected under sub-section (3) does not file a suit in accordance with sub-section (4),
or the suit, if filed is finally dismissed, then the land shall be deemed to have vested
in the 176 [Gram Panchayat] or the local authority under Section 59 with effect from the
following date, namely—
(a) where no claimant appears, from the date of expiry of the three years period
referred to in sub-section (3); or
(b) where the claimant does not file a suit for declaration, from the date of expiry
of the one year period referred to in sub-section (4); or
(c) where the suit filed by the claimant under sub-section (4) is finally
dismissed, from the date of such final dismissal.
(7) Where any claimant succeeds in any claim under sub-section (3) or in any suit
filed under sub-section (4), he shall, notwithstanding anything contained in any law
for the time being in force, be entitled to possession of the land and to the rent
realised from the lessee after deducting all arrears of land revenue due in respect of
such land and the expenses of its management.
Section 115 enforced w.e.f. February 11, 2016
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Division
116. Suit for division of holding.—(1) A bhumidhar may sue for the division of the
holding of which he is a co-sharer.
177
[(2) In every such suit, the Court may also divide the trees, wells and other
improvements existing on such holding but where such division is not possible, the
trees, wells and other improvements aforesaid and valuation thereof shall be divided
and adjusted in the manner prescribed.]
(3) One suit may be instituted for the division of more holdings than one where all
the parties to the suit other than the 178 [Gram Panchayat] are, jointly interested in
each of the holdings.
(4) To every suit under this section, the 179 [Gram Panchayat] concerned shall be
made a party.
Section 116 enforced w.e.f. February 11, 2016
117. Duty of Court in suits for division of holding.—(1) In every suit for division of
holding under Section 116 the Court of Assistant Collector shall—
(a) follow such procedure as may be prescribed;
(b) apportion the land revenue payable in respect of each such division.
(2) A division of holding referred to in Section 116 shall not affect the joint liability
of the tenure-holders there of in respect of the land revenue payable before the date of
the final decree.
Section 117 enforced w.e.f. February 11, 2016
Surrender and Abandonment
118. Surrender by bhumidhar.—(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.
(2) Where only part of a holding has been surrendered, the Tahsildar shall apportion
the land revenue payable by such bhumidhar.
Section 118 enforced w.e.f. February 11, 2016
119. Surrender by asami.—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.
Section 119 enforced w.e.f. February 11, 2016
120. Effect of surrender.—(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.
(2) Where any land is so surrendered—
(a) by an asami, his right, title or interest in such land shall be deemed to have
been extinguished from the date of such surrender;
(b) by a bhumidhar, the right, title and interest of such bhumidhar and of every
other person claiming through him in such holding or its part shall be deemed
to have been extinguished from the said date.
Section 120 enforced w.e.f. February 11, 2016
121. Liability for rent revenue in use of surrender.—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.
122. Abandonment by bhumidhar.—(1) If a bhumidhar does not pay the land
revenue and 180 [does not use the land for agriculture] for a continuous period of three
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agricultural years and has left the village in which the 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.
(2) Where the Collector has taken possession of any land under sub-section (1), he
may let it out on behalf of the bhumidhar for a period of one agricultural year at a time
in the manner prescribed.
(3) If the bhumidhar or any other person lawfully entitled to the land claims it
within a period of three years from the commencement of the agricultural year next
following the date on which the Collector took possession thereof, it shall be restored
to him on payment of dues, if any and on such terms and conditions as the Collector
may think fit.
(4) Where no claim is preferred under sub-section (3) or if any claim is preferred
but is disallowed, the Collector shall make an order declaring the holding abandoned.
(5) Every order of the Collector under sub-section (4) shall be published in the
manner prescribed, and shall, subject to the result of any suit under Section 144, be
final.
(6) Nothing in this section shall apply to any holding held by a bhumidhar in whose
favour a declaration has been made under Section 80 where such declaration
continues to be in force.
Section 122 enforced w.e.f. February 11, 2016
123. Consequence of abandonment.—Where any holding has been abandoned
under Section 122, the following consequences shall ensue, namely—
(a) the holding shall vest absolutely in the State Government free from all
encumbrances;
(b) the bhumidhar concerned shall cease to have any right, title or interest in
such holding;
(c) the bhumidhar concerned shall continue to be liable for land revenue due in
respect of such holding for the agricultural year during which the order
referred to in sub-section (4) of the said section was made.
Section 123 enforced w.e.f. February 11, 2016
124. Delivery of possession to 181 [Gram Panchayat].—(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
182
[Gram Panchayat] concerned evict any person in unauthorised occupation of such
land and deliver possession thereof to the 183 [Gram Panchayat] in such manner as may
be prescribed.
(2) The provisions of sub-section (1) shall mutatis mutandis apply to the eviction of
an asami holding land from a 184 [Gram Panchayat], or from a bank under sub-section
(2) of Section 95.
Section 124 enforced w.e.f. February 11, 2016
Lease of land by 185 [Gram Panchayat]
125. Admission by Bhumi Prabandhak Samiti to land entrusted to 186 [Gram
Panchayat].—The Bhumi Prabandhak Samiti may, with the previous approval of the
Sub-Divisional Officer, admit any person as—
(a) bhumidhar with non-transferable rights to any land entrusted or deemed to
be entrusted to the 187 [Gram Panchayat] under Section 59 other than land
specified in Section 77;
(b) asami to any land specified in Section 77 except in clause (a) or clause (h) or
(i) thereof where such land is entrusted or deemed to be entrusted to the 188
[Gram Panchayat] under Section 59 other than a tank specified in clause (a)
of Section 61.
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persons.]
Section 126 enforced w.e.f. February 11, 2016
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127. Consequences of allotment.—(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.
(2) The allottee shall hold the land so allotted on such terms and conditions as may
be prescribed 191 [:]
192 [Provided that if the allottee is a married man and his wife is alive, she shall be
194 [(1-A) Under the provisions of sub section (1), an application may be moved in
the case of an allotment or lease of land made before or after the commencement of
this code, within five years from the date of such allotment of lease.]
(2) Where the allotment or lease of any land is cancelled under sub-section (1), the
following consequences shall ensure, namely—
(a) the right, title and interest of the allottee or lessee or any other person
claiming through him in such land and in every tree or other improvement
existing thereon shall cease, and the same shall revert to the 195 [Gram
Panchayat];
(b) the Collector may direct delivery of possession over such land, tree or
improvement forthwith to the 196 [Gram Panchayat] after ejectment of every
person holding or retaining possession thereof and may for that purpose use
or cause to be used such force as may be necessary.
(3) Where in proceedings for cancellation of allotment or lease referred to in clause
(b) of sub-section (1) the Collector is satisfied that any land referred to in Section 77
excepting clause (a) or clause (h) or (i) thereof has been allotted to any person as
bhumidhar with non-transferable rights, he may instead of cancelling the allotment or
lease, direct that the allottee or lessee shall be treated as an asami under clause (b) of
Section 125.
(4) Every order made by the Collector under this section shall, subject to the
provisions of Section 210, be final.
(5) The provisions of Sections 5 and 49 of the Uttar Pradesh Consolidation of
Holdings Act, 1953 shall not apply to the proceeding under this section.
Section 128 enforced w.e.f. February 11, 2016
129. Restoration of possession to allottee or the Government lessee.—(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.
(2) The provisions of sub-sections (2) to (8) of Section 65 shall mutatis mutandis
apply in relation to reoccupation of any land or part thereof after possession has been
delivered under sub-section (1).
Section 129 enforced w.e.f. February 11, 2016
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Ejectment
130. Bhumidhars not to be ejected.—No bhumidhar shall be liable to ejectment
from the land held by him except as provided by or under this Code.
Section 130 enforced w.e.f. February 11, 2016
131. Suit for ejectment etc. against asami.—(1) No asami shall be liable to
ejectment from the land held by him, except on a suit of the landholder or 197 [Gram
Panchayat], which may be filed on one or more of the following grounds, namely—
(a) that the interest of the asami in the land held by him has extinguished under
the provisions of this Code;
(b) that the asami was holding land from year to year or for a period which has
already expired or will expire before the end of the current agricultural year;
(c) that the asami is using the land for any purpose not permitted by Section 84;
(d) that the land holder was suffering from any of the disabilities referred to in
sub-section (1) of Section 95 and either his disability has ceased or he wishes
to bring the land under his personal cultivation;
(e) that the asami was in arrears of rent for a period of more than one year and
has failed to pay the same to the land holder within a period of thirty days
despite service of a notice of demand;
(f) that the asami has transferred the whole or part of the land held by him in
contravention of the provisions of this Code.
(2) No notice to quit to the asami shall be necessary before filing a suit under this
section.
(3) The land holder may in a suit for ejectment also claim arrears of rent.
(4) A land holder may, without suing for ejectment sue the asami for arrears of
rent.
Section 131 enforced w.e.f. February 11, 2016
132. Right to crops and trees.—(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:
(a) if the amount due from the judgment debtor is equal to or greater than the
value of such crops or trees, the court shall deliver the possession of the land
with the crops and trees to the decree holder, and all rights of the judgment-
debtor in or upon such crops or trees shall therefore pass to the decree-
holder;
(b) if the amount due from the judgment-debtor is less than the value of such
crops or trees, and—
(i) the decree-holder pays the difference between such amount and the value
to the judgment-debtor, the court shall deliver possession of the land to
the decree-holder and all rights of the judgment-debtor in such crops or
trees shall therefore pass to the decree-holder;
(ii) the decree-holder does not pay such difference the judgment-debtor shall
have the right of tending, gathering or removing such crops or trees or
fruits of such trees, until such crops or trees have been gathered or
removed or die or are cut down, as the case may be, paying such
compensation for the use and occupation of land as the court may fix.
(2) The court executing the decree may, on the application of any party, determine
the value of the crops or tree and the compensation payable by the judgment debtor
under the provisions of sub-section (1).
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Section 132 enforced w.e.f. February 11, 2016
133. Suit for injunction, compensation etc.—The 198 [Gram Panchayat] or the land-
holder may, in lieu of suing for ejectment of an asami under Section 131, file a suit in
the Court of Sub-Divisional Officer:
(a) for injunction restraining him from putting the land to any unauthorised use
or causing any waste or damage to it;
(b) for compensation for such use, waste or damage; or
(c) for repair of the waste or damage caused to the land.
Section 133 enforced w.e.f. February 11, 2016
134. Ejectment of persons occupying land without title.—(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.
(2) To every suit relating to any land referred to in sub-section (1), the State
Government and 199 [Gram Panchayat] shall be impleaded as necessary parties.
Section 134 enforced w.e.f. February 11, 2016
135. Consequences of failure to file suit under Section 134.—200 [* * *]
Section 135 enforced w.e.f. February 11, 2016
136. Ejectment of trespassers of Gaon Sabha land.—201 [(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.]
(2) The provisions of sub-section (1) shall apply to the following categories of land,
namely—
(a) any land entrusted or deemed to be entrusted to any 202 [Gram Panchayat] or
local authority under the provisions of this Code or any other law for the time
being in force;
(b) any land over which a 203 [Gram Panchayat] or local authority is entitled to
take possession under the provisions of this Code;
(c) any land which belongs to or is owned or held by a 204 [Gram Panchayat] or
local authority;
(d) that the asami is holding land specified in clause (d) or clause (e) of Section
77 and that the cultivation of crops in such land has become impossible;
(e) that the asami was admitted to the land under clause (b) of Section 125 and
the 205 [Gram Panchayat] proposes to use it for a public purpose.
(3) No person shall be evicted from any land under this section unless adequate
opportunity to show cause has been afforded to him.
(4) In evicting a person under this section, the Sub-Divisional Officer may use or
cause to be used such force as may be necessary.
Explanation.—For the purposes of this section, the word ‘land’ includes 206 [trees and
other improvements] existing on such land.
Section 136 enforced w.e.f. February 11, 2016
137. Remedies for wrongful ejectment.—(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
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person so ejecting him, trying to eject him or keeping him out of possession—
(i) for possession of the 207 [land; or]
(ii) for compensation for wrongful dispossession.
(2) When a decree is passed for compensation for wrongful dispossession but not
for possession the compensation awarded shall be for the whole period during which
the asami was entitled to remain in possession.
Section 137 enforced w.e.f. February 11, 2016
Rent
138. Rent payable by an asami.—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 landholder or the
208 [Gram Panchayat], as the case may be.
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143. Power to write off arrears.—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 211
[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:
Provided that no resolution passed by a Bhumi Prabandhak Samiti shall take effect
until it is confirmed by the Sub-Divisional Officer.
Section 143 enforced w.e.f. February 11, 2016
Declaratory suits
144. Declaratory suits by tenure holders.—(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.
(2) In every suit under sub-section (1) instituted by or on behalf of—
(a) a bhumidhar, the State and the 212 [Gram Panchayat] shall be necessary
parties;
(b) an asami, the landholder shall be a necessary party.
Section 144 enforced w.e.f. February 11, 2016
145. Declaratory suit by 213 [Gram Panchayat].—Notwithstanding anything to the
contrary contained in Section 34 of the Specific Relief Act, 1963, the 214 [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 215 [Gram
Panchayat] need not in such suit ask for any further relief.
Section 145 enforced w.e.f. February 11, 2016
146. Provision for injunction.—If in the course of a suit under Section 144 or 145, it
is proved by affidavit or otherwise—
(a) that any property, trees or crops standing on the land in dispute is in danger
of being wasted, damaged or alienated by any party to the suit; or
(b) that any party to the suit threatens or intends to remove or dispose of the
said property, trees or crops in order to defeat the ends of justice, the court
may grant a temporary injunction, and where necessary, also appoint a
receiver.
Section 146 enforced w.e.f. February 11, 2016
Chapter X
GOVERNMENT LESSEES
147. Definition of Government lessee.—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.
Section 147 enforced w.e.f. February 11, 2016
148. Government lessee's right to hold 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.
Section 148 enforced w.e.f. February 11, 2016
149. Ejectment of Government lessee.—A Government lessee may be evicted from
the land held by him on one or more of the following grounds, namely—
(a) that he has failed to pay the rent or any other sum due under the lease
within six months from the date on which it became due;
(b) that he has used such land for any purpose other than that for which it was
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granted;
(c) that the term of his lease has expired or the lease has been cancelled;
(d) that he has contravened any terms or conditions of the lease.
Section 149 enforced w.e.f. February 11, 2016
150. Provision of U.P. Act No. 22 of 1972 to apply.—The provisions of the Uttar
Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972 shall, mutatis
mutandis, apply to the eviction of Government lessee as they apply to the
unauthorised 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.
Section 150 enforced w.e.f. February 11, 2016
151. Trespass on land held by a Government lessee.—(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 he liable to pay damages at the rates prescribed.
(2) The State Government shall be made a party, but the Gram Panchayat shall not
be a necessary party to a suit instituted under sub-section (1).
(3) If a suit for eviction referred to in sub-section (1) is not instituted by a
Government lessee or a decree for eviction obtained in any such suit is not executed
within the period of limitation provided therefor, then the following consequences
shall, with effect from the expiry of such period ensue, namely—
(a) the person taking or retaining possession over the land let out to the
Government lessee shall be liable to eviction in accordance with Section 150;
(b) the right, title and interest of the Government lessee in such land shall stand
extinguished and the term of his lease shall be deemed to have expired.
Section 151 enforced w.e.f. February 11, 2016
152. Dues recoverable as arrear of land revenue.—Arrears of rent or any other sum
due from a Government lessee may be recovered as an arrear of land revenue.
Section 152 enforced w.e.f. February 11, 2016
Chapter XI
ASSESSMENT OF LAND REVENUE
153. Land held by bhumidhar liable to payment of land revenue.—(1) All lands held
by a bhumidhar, 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:
Provided that the State Government may by notification exempt any land, whether
wholly or partially, from such liability on such terms and conditions as it may think fit.
(2) Land revenue may be assessed on land, notwithstanding that it has been
exempted under the proviso to sub-section (1).
(3) No length of occupation shall release any land from the liability to payment of
land revenue.
(4) Notwithstanding anything contained in sub-section (1), sub-section (2) or sub-
section (3), the following lands shall be exempted from the payment of land revenue,
namely—
(a) land occupied by buildings other than improvement;
(b) graveyards and cremation grounds.
Section 153 enforced w.e.f. February 11, 2016
154. Land revenue payable by bhumidhar.—(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
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was liable to pay in respect of such land for the agricultural year preceding the year in
which this Code comes into force.
(2) Every person, who after such commencement, acquires bhumidhari rights in
any land shall, subject to the provisions of this Code, pay to the State Government the
same amount of land revenue which was payable in respect of such land, immediately
before the date of such acquisition.
(3) Every person who after such commencement, acquires bhumidhari rights in any
land, where no land revenue was payable in respect of such land immediately before
the date of such acquisition, shall be liable to pay land revenue determined by the Sub
-Divisional Officer in accordance with such principles as may be prescribed.
Section 154 enforced w.e.f. February 11, 2016
155. Variation of land revenue.—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.
Section 155 enforced w.e.f. February 11, 2016
156. Exemption of land revenue in certain cases.—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.
Section 156 enforced w.e.f. February 11, 2016
157. Remission or suspension of land revenue on the occurrence of agricultural
calamity.—(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.
(2) The State Government may likewise remit or suspend, for any period, the rent
payable by an asami to the 216 [Gram Panchayat], in a village or part where such
calamity has occurred.
Section 157 enforced w.e.f. February 11, 2016
158. Power of State Government to remit rent in certain cases.—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 217 [Gram Panchayat].
Section 158 enforced w.e.f. February 11, 2016
159. Consequences of suspension of rent.—Where the payment of any rent has
been suspended under Section 157—
(a) the period during which such suspension continues shall be excluded in
computing the period of limitation allowed for a suit for recovery of the rent;
and
(b) no suit or application shall lie, for the period of such suspension, for its
recovery.
Section 159 enforced w.e.f. February 11, 2016
160. Annual enquiry of revenue free land.—The Collector shall inquire annually into
the case of all lands exempted from the payment of land revenue.
(2) If the exemption has been granted on any condition and the same has been
broken, he shall report the matter to the Board for orders, and the orders of the Board
thereon shall be final.
Section 160 enforced w.e.f. February 11, 2016
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161. Rounding off the amount 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.
Section 161 enforced w.e.f. February 11, 2016
162. Finality of orders.—Every order of the State Government under this Chapter
shall be final and shall not be called in question in any Court.
Section 162 enforced w.e.f. February 11, 2016
163. Land Revenue to be the first charge.—(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.
(2) The claim of the State Government in respect of any other sum recoverable as
arrears of land revenue shall have priority over all unsecured claims on any land
against the holder thereof.
Section 163 enforced w.e.f. February 11, 2016
164. Bhumidhars to be jointly and severally liable.—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.
Section 164 enforced w.e.f. February 11, 2016
Chapter XII
COLLECTION OF LAND REVENUE
165. Land Revenue when becomes due and payable.—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 installments, to such persons, at such places and in
such manner as may be prescribed.
Section 165 enforced w.e.f. February 11, 2016
166. Arrangements for collection of land revenue.—The State Government may
make such arrangements and employ such agency for the collection of land revenue as
it may deem fit.
Section 166 enforced w.e.f. February 11, 2016
167. Defaulters.—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.
Section 167 enforced w.e.f. February 11, 2016
168. Certified account to be evidence of arrears.—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.
Section 168 enforced w.e.f. February 11, 2016
169. Writ of demand.—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.
Section 169 enforced w.e.f. February 11, 2016
170. Process for recovery of arrears.—(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—
(a) by arrest and detention of the defaulter;
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(b) by attachment and sale of his movable property including agricultural
produce;
(c) by attachment of any bank account or locker of the defaulter;
(d) by attachment of the land in respect of which the arrear is due;
(e) by lease or sale of the land in respect of which the arrear is due;
(f) by attachment and sale of other immovable property of the defaulter;
(g) by appointing a receiver of any property, movable or immovable, of the
defaulter.
Explanation.—For the removal of doubts, it is hereby declared that two or more
processes hereinbefore mentioned may be issued and enforced simultaneously or one
after the other.
(2) Sums of money recoverable as arrears of land revenue, but not due in respect of
any specific land, may be recovered by processes under this section from any
immovable property of the defaulter including any holding of which he is a 218
[bhumidhar].
Section 170 enforced w.e.f. February 11, 2016
171. Arrest and detention.—(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.
(2) Notwithstanding anything contained in sub-section (1), no person shall be liable
to arrest or detention for an arrear of land revenue, where and for so long as such
person—
219 [(a) is a woman or a minor, or a senior citizen of 65 years or more, or a person
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means a person who cultivates land personally and who depends for his livelihood
mainly on the income from agricultural land.
Explanation II.—For the purposes of Explanation I a person shall be deemed to
cultivate land personally, if he cultivates land—
(a) by his own labour;
(b) by the labour of any member of his family; or
(c) by servants or labourers on wages payable in cash or in kind or both.
(3) Where any movable property is attached by actual seizure and the defaulter
furnishes security to the satisfaction of the attaching officer, the property so attached
shall be left in the custody of the defaulter. In case the defaulter is not available at the
time of the attachment or if he is available but fails to furnish security to the
satisfaction of the attaching officer, the attached property may be left in the custody of
any responsible person who is willing to undertake its custody:
Provided that in the case of livestock, it may be removed to the nearest pound if
neither the defaulter furnishes such security nor any responsible person is willing to
undertake its custody.
(4) The person who undertake the custody of any movable property under sub-
section (3) shall execute a bond (supurdnama) in the prescribed form (which shall be
exempt from stamp duty) and shall preserve and maintain such property and produce
it whenever required. The supurdar shall be liable for all damages or loss caused to the
property given in his custody or for failure to produce it when required. Such damages
or loss shall be determined by the Sub-Divisional Officer and shall be recoverable from
the supurdar as arrears of land revenue.
(5) If the amount of arrears is not paid within a period of thirty days from the date
of attachment of movable properties under this section, the Sub-Divisional Officer may
sell the same in the manner prescribed.
Section 172 enforced w.e.f. February 11, 2016
173. Attachment of bank account and locker of the defaulter.—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 21 contained in the First
Schedule 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.
Section 173 enforced w.e.f. February 11, 2016
174. Attachment of holding.—(1) The 221 [Collector] may attach any land in respect
of which any arrears of land revenue is due.
(2) Where the amount of arrears in respect of which attachment was made under
sub-section (1) is paid, such attachment shall stand withdrawn.
(3) If the amount of arrears is not paid within a period of thirty days from the date
of such attachment, the Collector may proceed in accordance with the provisions of
Section 175 or Section 176, as the case may be.
Section 174 enforced w.e.f. February 11, 2016
175. Lease of holding.—(1) Where any land is attached under Section 174 the 222
[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.
(2) The person to whom any land is let out under sub-section (1), shall be bound to
pay the whole of the arrears due in respect of such land and to pay the land revenue,
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during the period of lease, at the rate payable by defaulter in respect of such land
immediately preceding its attachment.
(3) If during the period of lease, the lessee commits default in payment of any
amount due under the lease, and no other person is to take the land on lease for the
remaining period thereof then such amount may be recovered from such lessee by
anyone or more of the processes mentioned in Section 170 and the lease shall be
liable to be determined.
(4) Upon the expiry of the period of lease, the land shall be restored to the tenure
holder concerned free of any claim on the part of the State Government for any arrear
of revenue in respect of such land.
Section 175 enforced w.e.f. February 11, 2016
176. Sale of holding.—(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 223 [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.
(2) The 224 [Collector] shall report to the 225 [Board of Revenue] every sale of land
under sub-section (1).
Section 176 enforced w.e.f. February 11, 2016
177. Attachment and sale of other immovable property.—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:
Provided that the house or other building (with materials and sites thereof) and the
land immediately appurtenant thereto belonging to agriculturist and occupied by him
shall be exempted from attachment under this section.
Explanation.—For the purposes of this section, the expression ‘agriculturist’ shall
have the meaning assigned to it in Section 172.
Section 177 enforced w.e.f. February 11, 2016
178. Appointment of receiver.—(1) Where any arrear of land revenue is due from
any defaulter, the Collector may by order—
(a) appoint, for such period as he may deem fit, a receiver of any movable or
immovable property of the defaulter;
(b) remove any person from the possession or custody of the property and
commit the same to the possession, custody or management of the receiver;
(c) confer upon the receiver all such powers as to bringing and defending suits
and for the realization, management, protection, preservation and
improvement of the property, the collection of the rents and profits thereof,
the application and disposal of such rents and profits and the execution of
documents, as the defaulter himself has, or such those powers as the Collector
thinks fit.
(2) Nothing in this section shall authorise the Collector to remove from the
possession or custody of property any person to whom the defaulter has not a present
right to remove.
(3) The Collector may, from time to time, extend the duration of appointment of the
receiver.
(4) No order under sub-section (1) or sub-section (3) shall be made except after
giving notice to the defaulter to show cause, and after considering any representation
that may be received by the Collector in response to such notice:
Provided that an interim order under sub-section (1) or sub-section (3) may be
made at any time before or after the issue of such notice:
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Provided further that where an interim order is made before the issue of such
notice, the order shall stand vacated, if no notice is issued within two weeks from the
date of the interim order.
(5) The provision of Rules 2 to 4 of Order 40 contained in the First Schedule to the
Code of Civil Procedure, 1908 shall mutatis mutandis apply in relation to a receiver
appointed under this section.
(6) The receiver shall function subject to the control of Collector and furnish such
information, returns or statements as the Collector may deem fit.
(7) The Collector may by order passed in writing and without assigning any reason,
remove any receiver at any time before the expiry of the term of such receiver and
appoint any other person as receiver in his place, if he is satisfied that continuance of
that receiver shall not be desirable or expedient on ground of inefficiency, gross
negligence, wilful default, disobedience, misconduct, serious omission, or
misappropriation of any property. A person removed from the receivership under this
section shall not be entitled to claim any damages or compensation on the ground of
his removal.
(8) The Collector shall have power to determine, after giving opportunity to the
receiver, what loss, if any, has been caused by the wilful default, disobedience,
misconduct, serious omission or gross negligence of, or on account of any
misappropriation by the receiver and to recover the amount of loss from receiver as an
arrear of land revenue.
(9) The rent, profits or any other income from the property shall, after defraying the
expenses of management including the remuneration of the receiver, be adjusted
towards discharge of the arrears, and the balance, if any shall be paid to the defaulter.
(10) As soon as the arrears are discharged under sub-section (9) or otherwise, the
Collector shall restore the property to the defaulter.
Section 178 enforced w.e.f. February 11, 2016
179. Procedure of recovery.—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.
Section 179 enforced w.e.f. February 11, 2016
180. Recovery of costs and collection charges.—(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:
226 [Provided that if the application for declaration is accompanied with the
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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 the defaulter:
Provided that such legal representative shall be liable only to the extent of the
property of the deceased which has come to his or her hands.
(2) Where any person has become surety for the amount due from the defaulter, he
may be proceeded against under this chapter as if he were himself the defaulter.
Section 181 enforced w.e.f. February 11, 2016
Attachment and sale of immovable properties
182. Attachment of immovable property.—(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.
(2) Every such attachment shall be effected in the manner prescribed in Order XXI
Rule 54 of the First Schedule to the Code of Civil Procedure, 1908.
Section 182 enforced w.e.f. February 11, 2016
183. Objection against attachment.—(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:
Provided that no such claim shall be entertained.
(a) where, before the claim is preferred, the property attached has already been
sold; or
(b) where the Collector considers that the claim is designedly or unnecessarily
delayed; or
(c) where the claim is preferred after 30 days from the date of attachment.
(2) The person against whom an order is made under sub-section (1) may, within
227
[sixty days] from the date of the order, prefer an appeal before the Commissioner to
establish the right which he claims to the property attached but subject to the result
of such appeal, if any the order of the Collector shall be final.
Section 183 enforced w.e.f. February 11, 2016
184. Proclamation of sale.—(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) the details of the property sought to be sold;
(b) 228 [the estimated value, reserve price and circle rate of such property];
(c) the land revenue, if any, payable therefor;
(d) the encumbrances, if any;
(e) the amount of arrears for the recovery of which the property is sought to be
sold;
(f) the date, time and place of the intended sale; and
(g) such other particulars as the Collector may think necessary.
(2) Where the area of the land sought to be sold exceeds 229 [5.0586 hectares], a
single proclamation may be issued under sub-section (1), but the actual sale shall be
made in lots of 1.26 hectares or more.
(3) No sale shall take place until the expiry of twenty-one days from the date on
which the proclamation is issued under this section.
(4) A copy of the proclamation shall be served on the defaulter.
Section 184 enforced w.e.f. February 11, 2016
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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 230 [an amount equal
to the amount of the highest bid and a sum equal to one per cent 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 provisions
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:
Provided that if there are more persons than one making such deposit, bids shall be
called from them on the spot, and the highest bidder shall be entitled to such
preference:
231 [Provided further that where the auction sale in favour of highest bidder is not
confirmed due to the preference under this section, he shall be entitled to receive back
the money deposited by him plus an amount equivalent to one per cent of such money
deposited for that purpose.]
Section 191 enforced w.e.f. February 11, 2016
192. Application to set aside sale on deposit of arrears.—(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—
(a) for payment to the purchaser, a sum equal to 232 [one per cent] of the
purchase money; and
(b) for payment on account of the arrear, the amount specified in the sale
proclamation, less any amount which may, since the date of such
proclamation, have been paid on that account;
(c) the cost of the processes of sale including the collection charges, if any.
(2) If the amount has been deposited in accordance with sub-section (1) the
Collector shall set aside the sale.
(3) Where a person has applied for setting aside the sale under this section, he
shall not be entitled to make or prosecute an application under Section 193.
Section 192 enforced w.e.f. February 11, 2016
193. Application to set aside sale for irregularity.—(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.
(2) No sale shall be set aside under sub-section (1), unless the applicant proves to
the satisfaction of the Commissioner that he has sustained substantial injury by
reason of such irregularity or mistake.
(3) Subject to revision in the Revenue Board, the order of the Commissioner under
this section shall be final.
Section 193 enforced w.e.f. February 11, 2016
194. Confirmation of sale.—(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.
(2) Where in a sale of immovable property made under this chapter, the amount of
purchase money—
(a) exceeds Rupees Fifty lakh; or
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(b) 233 [is less than the reserve price or the amount of arrears specified in the sale
proclamation], then the Collector shall report the matter to the Commissioner,
who may confirm the sale or may pass such order as he thinks fit.
(3) Every order of the Collector or the Commissioner under this section shall be
final.
Section 194 enforced w.e.f. February 11, 2016
195. Setting aside of sale by Collector or Commissioner.—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.
Section 195 enforced w.e.f. February 11, 2016
196. Bar of claims against certain cases.—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.
Section 196 enforced w.e.f. February 11, 2016
197. Refund of purchase money.—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
234 [one per cent] of such money deposited for that purpose by the defaulter.
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may be necessary.
Section 201 enforced w.e.f. February 11, 2016
202. Bar of suits.—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.
Section 202 enforced w.e.f. February 11, 2016
203. Payment before suit.—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 proceeding 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.
Section 203 enforced w.e.f. February 11, 2016
204. Other payments not to be a valid discharge.—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 authorised in this behalf shall operate as a valid
discharge.
Section 204 enforced w.e.f. February 11, 2016
205. Applicability of the chapter.—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.
Section 205 enforced w.e.f. February 11, 2016
Chapter XIII
JURISDICTION AND PROCEDURE OF REVENUE COURTS
206. Jurisdiction of civil court and revenue courts.—(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 under this Code, empowered to determine, decide or
dispose of.
(2) Without prejudice to the generality of the provisions of sub-section (1), and
save as otherwise expressly provided by or under this Code—
(a) no civil court shall exercise jurisdiction over any of the matters specified in
the Second Schedule; and
(b) no court other than the revenue court or the revenue officer specified in 235
[Column 3] of the Third Schedule shall entertain any suit, application or
proceeding specified in 236 [Column 2] thereof.
(3) Notwithstanding anything contained in this Code, an objection that a court or
officer mentioned in sub-section (2)(b) had or had no jurisdiction with respect to any
suit, application or proceeding, shall not be entertained by any appellate, revisional or
executing court, unless the objection was taken before the court or officer of the first
instance, at the earliest opportunity, and in all cases where issues are settled at or
before such settlement, and unless there has been a consequent failure of justice.
Section 206 enforced w.e.f. February 11, 2016
207. First appeal.—(1) Any party aggrieved by a final order or decree passed in any
suit, application or proceeding specified in 237 [Column 2] of the Third Schedule, may
prefer a first appeal to the court or officer specified against it in 238 [Column 4], where
such order or decree was passed by a court or officer specified against it in 239 [Column
3] thereof.
(2) A first appeal shall also lie against an order of the nature specified—
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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 in 241 [Column 5].
(2) The appellate court shall not entertain a second appeal unless it is satisfied that
the case involves a substantial question of law.
(3) The period of limitation for filing a second appeal under this section shall be
ninety days from the date of the order or decree appealed against.
Section 208 enforced w.e.f. February 11, 2016
209. Bar against certain appeals.—Notwithstanding anything contained in Sections
207 and 208, no appeal shall lie against any order or decree—
(a) made under 242 [Chapter XI] of this Code;
(b) granting or rejecting an application for condonation of delay under Section 5
of the Limitation Act, 1963;
(c) rejecting an application for 243 [revision];
(d) granting or rejecting an application for stay;
(e) remanding the case to any subordinate court;
(f) where such order or decree is of an interim nature.
244 [(g) passed by Court or officer with the consent of parties; or
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of filing the application against the same order to the other of them.]
(3) No application under this section shall be entertained after the expiry of a
period of 248 [sixty days] from the date of the order sought to be revised or from the
date of commencement of this Code, whichever is later.
Section 210 enforced w.e.f. February 11, 2016
211. Board's power of review.—(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.
(2) No order shall be reviewed under sub-section (1), except on the following
grounds—
(a) discovery of any new and important matter or evidence;
(b) some mistake or error apparent on the face of record;
(c) any other sufficient reason.
(3) Orders passed on review shall not be reviewed.
249 [(4) An application under sub-section (1), for review of any order, may be moved
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of abode; or
(c) in case of an incorporated company or body, by delivering it or sending it by
registered post addressed to the secretary or other principal functionary of the
company or body at its principal officer; or
(d) in any other manner laid down in the Code of Civil Procedure, 1908 for
service of summons.
Section 216 enforced w.e.f. February 11, 2016
217. Revenue Courts to have no power to adjudicate upon the validity of
enactment.—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 thereunder.
Section 217 enforced w.e.f. February 11, 2016
Chapter XIV
MISCELLANEOUS
218. Power to exempt from the provisions of the Code.—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.
Section 218 enforced w.e.f. February 11, 2016
219. Delegation.—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.
Section 219 enforced w.e.f. February 11, 2016
220. Power to enter upon land.—Subject to such conditions or restrictions that may
be prescribed, any officer appointed under this Code may enter at any time upon any
land with 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.
Section 220 enforced w.e.f. February 11, 2016
221. Right to inspect and obtain copies.—All documents, statements records and
registers prepared or maintained under this Code or the rules framed thereunder 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 such document or any portion
of any such document, statement record or register.
Section 221 enforced w.e.f. February 11, 2016
222. Computation of areas in certain districts.—For the purposes of computing the
area fixed under any of the provisions of this Code, one an a half hectares of land shall
count as one hectare in the following areas—
(a)251 [Jhansi division and Chitrakoot division];
(b) trans-Jamuna portions of Allahabad, Etawah, Agra and Mathura districts;
(c) District Sonbhadra;
(d) Tappa Upraudh and Tappa Chaurasi 252 [(Balai Pahar)]of tehsil Sadar in
district Mirzapur, and
(e) Pargana Sakteshgarh and the village mentioned in the Fourth Schedule in
hilly pattis of parganas Ahraura and 253 [Bhagwat of tahsil Chunar and pargana
Bhagwat of tahsil Madihan] of Mirzapur district.
Section 222 enforced w.e.f. February 11, 2016
223. Mode of recovery of fines etc.—Any fee, fine, cost, expense, penalty or
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compensation payable to or recoverable by the State Government, a 254 [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.
Section 223 enforced w.e.f. February 11, 2016
224. Power to call for 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.
(2) The tenure holder or other person referred to in sub-section (1) may also be
called upon to disclose the name and address of any other person possessing any
interest in such land including the nature and extent of such interest.
Section 224 enforced w.e.f. February 11, 2016
255
[225-F. Consolidation of cases.—(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.
(2) When two or more suits or preceedings are pending in the same court, and the
court is of opinion that it is expedient in the interest of justice, it may by order direct
their joint trial, whereupon all such suits and preceedings may be decided upon the
evidence in all or any of such suits or proceedings.]
Section 225-F enforced w.e.f. February 11, 2016
225. Protection of action taken in good faith.—(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 thereunder, 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.
(2) No suit or other proceeding shall lie against the State Government for any
damage caused or likely to be caused or any injury suffered or likely to be suffered by
virtue of any provisions of this Code or by anything done or intended to be done in
good faith in pursuance of the provisions of this Code or any rules made thereunder.
Section 225 enforced w.e.f. February 11, 2016
256
[225-A. Determination of questions in summary proceeding.—Notwith-standing
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 manner prescribed:
Provided 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 examination.]
Section 225-A enforced w.e.f. February 11, 2016
257 [225-B. Lodging of Caveat.—(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.
(2) Where a caveat has been lodged and notice thereof has been served, the
applicant shall, when presenting the application in court, furnish proof of having given
prior notice in writing to the caveator or his counsel of the date on which the
application is proposed to be presented.
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(3) If any caveat is filed under this section, the entry of the same shall be made in
the register of caveat in the manner prescribed.]
Section 225-B enforced w.e.f. February 11, 2016
258 [225-C. Constitution of Committee.—(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.
(2) Every committee constituted under sub-section (1) shall consist of a Chairman
and four other members, who shall be nominated or designated in the manner
prescribed:
Provided that in each such committee, there shall be at least one woman member,
one member belonging to the Scheduled Castes or the Scheduled Tribes and one
member belonging to the Other Backward Class.]
Section 225-C enforced w.e.f. February 11, 2016
259 [225-D. Power of an Assistant Collector of First Class not in charge of a sub-
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.]
Section 225-E enforced w.e.f. February 11, 2016
Chapter XV
PENALTIES
226. Penalty for encroachment etc.—(1) Any person who,—
(a) encroaches upon or causes any obstruction to the use of any public road
(including chak road), path or common land of a village; or
(b) fails to comply with any order or direction made by the Sub-Divisional Officer
under sub-section (1) of Section 23; or
(c) fails to comply with any order or direction made by the Tahsildar under
Section 25 or Section 26; or
(d) fails to comply with any order made under Section 42 or Section 48;
shall be liable to a fine which in a case referred to in clause (a) shall 261 [not be less
than one thousand rupees and not exceed ten thousand rupees] and in any other case
shall 262 [not be less than five hundred rupees and not exceed five thousand rupees].
(2) Every person referred to in sub-section (1) may be required by the Sub-
Divisional Officer or the Tahsildar, as the case may be to execute a personal bond for
such sum not exceeding 263 [fifteen thousand rupees] as the officer concerned may
deem fit for abstaining from the repetition of such act or failure.
Section 226 enforced w.e.f. February 11, 2016
227. 264 [Damages for destruction etc. of boundary marks].—(1) If the 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 265 [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
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of rewarding the informant, if any.
(2) The recover of damages under sub-section (1) shall not debar prosecution for
any offence under the Indian Penal Code in respect of such destruction, injury or
removal.
Section 227 enforced w.e.f. February 11, 2016
228. Penalty for cutting or removing trees illegally.—(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 266 [Gram Panchayat],
without any authority therefor shall be liable to pay the value there of, 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.
(2) The Collector may, at any time, direct the confiscation of any tree or portion
thereof referred to in sub-section (1).
Section 228 enforced w.e.f. February 11, 2016
229. Penalty for not furnishing required statement or information etc.—Every person
who—
(a) fails to furnish any statement or information lawfully required under the
provisions of this Code; or
(b) furnishes any statement or information which is false and which he has
reasons to believe to be false; or
(c) obstructs the Collector or any other revenue officer or 267 [Gram Panchayat] in
taking possession of any land in accordance with the provisions of this Code;
or
(d) obstructs any officer or public servant in doing any of the acts specified in
Section 220;
shall, on conviction, be liable to imprisonment which may extend to two years or with
fine or with both.
Section 229 enforced w.e.f. February 11, 2016
Chapter XVI
REPEAL AND SAVINGS
230. Repeal.—(1) The enactments specified in the First Schedule are hereby
repealed.
(2) Notwithstanding anything contained in sub-section (1), the repeal of such
enactments shall not affect—
(a) the continuance in force of any such enactment in the State of 268
[Uttarakhand];
(b) the previous operation of any such enactment or anything duly done or
suffered thereunder; or
(c) any other enactment in which such enactment has been applied, incorporated
or referred to; or
(d) the validity, invalidity, effect or consequences of anything already done or
suffered, or any right, title or obligation or liability already acquired, accrued
or incurred (including, in particular, the vesting in the state of all estates and
the cessation of all rights, title and interest of all the intermediaries therein),
or any remedy or proceeding in respect thereof, or any release or discharge of
or from any debt, penalty, obligation, liability, claim or demand, or any
indemnity already granted or the proof of any past act or thing; or
(e) any principle or rule of law or established jurisdiction, form or course of
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pleading, practice or procedure or existing usage, custom, privilege,
restriction, exemption, office or appointment:
Provided that anything done or any action taken (including any rules, manuals,
assessments, appointments and transfers made, notifications, summonses, notices,
warrants, proclamations issued, powers conferred, leases granted, boundary marks
fixed, records of rights and other records prepared or maintained, right acquired or
liabilities incurred) under any such enactment shall, in so far as they are not
inconsistent with the provisions of this Code, be deemed to have been done or taken
under the corresponding provisions of this Code, and shall continue to be in force
accordingly, unless and until they are superseded by anything done or action taken
under this Code.
Section 230 enforced w.e.f. February 11, 2016
231. Applicability of the Code to pending proceedings.—(1) Save as otherwise
expressly provided in this Code, all cases pending before the State Government or any
revenue court immediately before the commencement of this Code, whether in appeal,
revision, review or otherwise, shall be decided in accordance with the provisions of the
appropriate law, which would have been applicable to them had this Code not been
passed.
(2) All cases pending in any civil court immediately before the commencement of
this Code which would under this Code be exclusively triable by a revenue court, shall
be disposed of by such civil court according to the law in force prior to the date of such
commencement.
Section 231 enforced w.e.f. February 11, 2016
232. Power to remove difficulties.—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:
Provided that no such order shall be made after two years from the date of
commencement of this Code.
(2) Every order made under sub-section (1) shall be laid before both the Houses of
the State Legislature, as soon as may be after it is made.
(3) No order made under sub-section (1) shall be called in question in any court on
the ground that no difficulty as is referred to in that sub-section existed or was
required to be removed.
Section 232 enforced w.e.f. February 11, 2016
233. Rules.—(1) The State Government may, by notification make rules for carrying
out the purposes of this Code.
(2) Without prejudice to the generality of the foregoing power, such rules may also
provide for—
(i) The terms and conditions of service of the Chairman and other members of
the Board;
(ii) Regulating the distribution of business of the Board and making territorial
division of its jurisdiction;
(iii) Guidelines for alteration, abolition or creation of revenue areas;
(iv) The procedure for demarcation of boundaries, the specification, construction
and maintenance of boundary marks, levy and recovery of cost thereof;
269
[(iv-a) the procedure for survey operation and record operation including
demarcation of abadi by the use of available modern technology and
digitalization process;]
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(4) It shall be lawful for the State Government in making rules under this section,
to prescribe that any person committing a breach of the same shall in addition to any
other consequences that would ensue from such breach, be punishable with such fine
not exceeding 275 [twenty-five thousand rupees] as the officer or authority specified for
the purpose may deem fit to impose.
Section 233 enforced w.e.f. December 18, 2015
234. Regulations.—(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—
(a) governing the procedure of the revenue courts and the revenue officers in
respect of suits, applications and proceedings under this Code;
(b) containing directions for the preparation, maintenance and supervision of
land records and matters connected therewith;
(c) prescribing the duties of Tehsildars and Naib-Tehsildars and regulating their
posting, transfers and their appointment in temporary vacancies 276 [;]
277 [(d) procedure for issuing licences to the petition writers;
Land Revenue (Survey and Record Operation) Rules, 1978, in force on the date of
commencement of this Code, shall continue to remain in force, to the extent they are
not inconsistent with the provisions of this Code, until amended, rescinded or repealed
by any regulations made under this section.]
Section 234 enforced w.e.f. December 18, 2015
FIRST SCHEDULE
(See Sections 2 and 230)
List A
ENACTMENTS OF GENERAL APPLICATION
Sl. No. Name of the enactments repealed
1 2
1. The United Provinces Revenue Officers Regulation, 1803
2. The Bengal Indigo Contracts Regulation, 1823 (Bengal Regulation No. 6 of
1823)
3. The Bengal Indigo Contracts Regulation, 1830 (Bengal Regulation No. 5 of
1830)
4. The Bengal Land Revenue (Settlement and Deputy Collectors) Regulation,
1833 (Bengal Regulation No. 9 of 1833)
5. The Bengal Indigo Contracts Act, 1836 (Act No. 10 of 1836)
6. The Bundelkhand Alienation of Land Act, 1903 (Act No. 2 of 1903)
7. Benares Family Domains Act, 1904 (Act No. III of 1904)
8. Uttar Pradesh Merged States (Application of Law) Act, 1950 (Act No. 8 of
1950)
9. Dudhi Robertsganj (District Mirzapur) Agriculturists Debts Relief Act, 1951
(U.P. Act 32 of 1951)
10. The United Provinces Land Revenue Act, 1901
11. The Pargana of Kaswar Raja Act, 1911
12. The Pargana of Kaswar Raja Act, 1915
13. The Gorakhpur Goraits Act, 1919
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14. The United Provinces Board of Revenue Act, 1922
15. The U.P. Abatement of Rent Suits Act, 1938
16. The U.P. Hindu Women's Right to Property (Extension to Agricultural Lands)
Act, 1942
17. The U.P. Village Abadi Act, 1947
18. The U.P. Agricultural Tenants (Acquisition of Privileges) Act, 1949
19. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950
20. The Rampur Stay of Ejectment Suits and Proceeding Act, 1951
21. The U.P. Commutation of Rent (Regulation of Proceedings) Act, 1952
22. The U.P. Stay of Suits and Proceedings (Mirzapur) Act, 1952
23. The Uttar Pradesh Land Reforms (Supplementary) Act, 1952
24. The Rampur Thekedari and Pattedari Abolition Act, 1953
25. The Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act,
1956
26. The Uttar Pradesh Land Reforms (Evacuee Land) Act, 1957
27. The Uttar Pradesh Government Estates Thekedari Abolition Act, 1958
28. The U.P. Recovery of Government Dues (Acquired Estates and Determined
Leases) Act, 1960
29. The U.P. Malguzari Tatha Lagan Par Apatik Adhibhar Adhiniyam, 1965
30. The Uttar Pradesh Board of Revenue (Regulation of Procedure) Act, 1966
31. The Uttar Pradesh Government Estates Thekedari Abolition (Re-enactment
and Validation) Act, 1970
32. The Uttar Pradesh Land Tenures (Regulation of transfer) (Re-enactment and
Validation) Act, 1972
List B
Enactments having special reference to territories nowcomprised in the State of279
[Uttarakhand]
1. Almora Honorary Assistant Collector's Decrees, and Orders Validating Act,
1938
2. Jaunsar Bawar Security of Tenure and Land Records Act, 1952
3. Kumaun Agricultural Lands (Miscellaneous Provision) Act, 1954
4. Jaunsar Bawar Pargana (District Dehradun) Revenue Officials (Special
Powers) Act, 1958
5. Jaunsar Bawar Zamindari Abolition and Land Reforms Act, 1956
6. Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960
7. Kumaun and Garhwal Water (Collection, Retention and Distribution) Act,
1975
Schedule 1 enforced w.e.f. February 11, 2016
SECOND SCHEDULE
[See Section 206(2)(a)]
MATTERS EXCLUDED FROM THE JURISDICTION OF THE CIVIL COURT
1. Any question regarding the demarcation of boundaries of fixing of boundary
marks.
2. Any claim to question a decision determining abadi made by the Collector.
3. Any claim to have any entry made in any revenue records or to have any
such entry omitted, amended or substituted.
4. Any question regarding the assessment, remission or suspension of land
revenue or rent
5. Any claim connected with or arising out of the collection by the State
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Divisional
Officer
54, 56, Disputes relating to trees Collector Commissioner —
57
67 Eviction of illegal occupier 286
[Assistant 287
[Collector] —
from land of 285 [Gram Collector]
Panchayat]
82(2) Suit for ejectment by a Sub-Divisional Commissioner Board
(c) bumidhar against the person Officer
in possession of any land on
the basis of a contract or
lease
85(1) Suit for ejectment by 288 Do Do Do
[Gram Panchayat] against a
bumidhar with non-
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transferable rights
85(2) Suit for ejectment by a land Do Do Do
holder against an asami
96(2) Suit for partition by a Do Do Do
disabled co-sharer
116 Suit for division of a holding Do Do Do
131(1) Suit for ejectment of an Do Do Do
asami
131(4) Suit for recovery of arrears or 289 [Sub-
Collector Nil
rent against an asami divisional
officer]
133 Suit for injunction, 290 [Sub-
Collector Nil
compensation etc. divisional
officer]
134 Suit for ejectment against a Sub-Divisional Commissioner Board
person occupying land Officer
without title or for damages
or for both
137(1) Suit for possession, Do Do Do
compensation or injunction
139(1) Application for fixation of rent Tehsildar Sub- Nil
Divisional
Officer
141(1) Application for commutation Sub-Divisional Nil Collector
of rent Officer
144 Suit for declaration by Do Commissioner Board
bhumidhar or asami
145 Suit for declaration by 291 Do Do Do
[Gram Panchayat]
151(1) Suit by a Government lessee Do Do Do
for ejectment or for damages
or both
Note.—The suits appearing in the entries relating to Section 82(2)(c) to Section 131
(1), Sections 134, 137(1) and Section 139(1) to Section 151(1) may be heard and
decided also by any Assistant Collector, First Class (other than the Sub-Divisional
Officer) to whom the case may be transferred by general or special order of the
Collector.
Schedule 3 enforced w.e.f. February 11, 2016
FOURTH SCHEDULE
[See Section 222]
List ‘A’
LIST OF VILLAGES OF PARGANA AHRAURA
1. Amdih 11. Kutlupur
2. Baghor 12. Lohra
3. Baghri 13. Maddhupur
4. Bagtara 14. Majhui
5. Bat 15. Mubarakpur
6. Bhawanipur 16. Magnar Haraiya
7. Dhotwa 17. Pavahi
8. Ghurahi 18. Sukrut
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9. Khamalhria 19. Takia
10. Khan Arzampur
List ‘B’
292 List of villages of Pargana Bhagwat
[1. Ban Imlis, 10. Nibia,
2. Jargal Mahal, 11. Rampur Barho,
3. Semra Barho, 12. Sonbarsa,
4. Khatkharia, 13. Bisumpura,
5. Koharadih, 14. Khamhria,
6. Talar, 15. Purainia,
7. Chit Bisram, 16. Nikerika,
8. Padarwa, 17. Dhansiria,
9. Hinauta, 18. Garhwa.]
Schedule 4 enforced w.e.f. February 11, 2016
1.Received the assent of the President on November 29, 2012 and published in the U.P. Gazette, Extra., Part 1,
Section (Ka), dated 12th December, 2012, pp. 63-121 and corrected by Noti. No. 1662/79-vi-1-15-1(ka)-33-06,
dated December 18, 2015.
2. Subs. by UP Act 28 of 2020, S. 2, dated 31-8-2020. Prior to substitution it read as:
“(10) ‘Family’, in relation to a tenure-holder, means himself or herself and his wife or her husband, as the
case may be, (other than a judicially separated wife or husband), minor sons and minor daughters other than
married daughters:”
3.Subs. for “Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant
Record Officers, Tahsildar and Naib Tehsildar” by U.P. Act 4 of 2016, S. 5(c ).
4. Subs. by U.P. Act 4 of 2016, S. 5(d). Prior to substitution it read as:
“(17) “Revenue Officer” means Commissioner, an Additional Commissioner, the Collector, an Additional
Collector, the Sub-Divisional Officer, and Assistant Collector, Settlement Officer, an Assistant Settlement
Officer, Record Officer, an Assistant Record Officer, the Tahsildar, Tahsildar (Judicial) the Naib Tahsildar or
the Revenue Inspector;”
5. Subs. for “‘Gaon Fund’ and ‘Gram Sabha’” by U.P. Act 4 of 2016, S. 5(h).
6. Subs. for “.” by U.P. Act 4 of 2016, S. 5(h).
“(2) The principal seat of business of the board shall be at Lucknow and the judicial member may hold
their courts at Allahabad or Lucknow as the Chairman from time to time directs.”
10. Subs. for “unless he has been a revenue officer” by U.P. Act 4 of 2016, S. 8(b)(ii).
11. Subs. by U.P. Act 4 of 2016, S. 9. Prior to substitution it read as:
“(a) in all matters relating to disposal of cases, appeals, references or revisions; and”
12.
Subs. for “being in force” by U.P. Act 4 of 2016, S. 11(a).
13. Ins. by U.P. Act 4 of 2016, S. 11(c ).
“(1) The State Government may appoint in each district as many persons as it thinks fit to be Assistant
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Collectors.”
16. Subs. by U.P. Act 4 of 2016, S. 13(b). Prior to substitution it read as:
“(2) The State Government may place an Assistant Collector in-charge of one or more sub-divisions of a
district, and such an officer shall be called the Assistant Collector in-charge of a sub-division or a Sub-
Divisional Officer.”
17.
Subs. for “Assistant Collector” by U.P. Act 4 of 2016, S. 13(c ).
18. Ins. by U.P. Act 4 of 2016, S. 13(d).
19. Subs. for sub-section (2) by U.P. Act 4 of 2016, S. 15. Prior to substitution it read as:
“(2) If the officer or other person aforesaid does not comply as directed, the Collector may cause him to
be apprehended and may send him with a warrant in the prescribed form to be confined in the civil prison till
he complies with the orders:
Provided that no person shall be detained in confinement by virtue of any such warrant for a period longer
than thirty days.”
20. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
21. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
22.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
23. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
24. Subs. for “six months” by U.P. Act 4 of 2016, S. 18(b).
Subs. for “The order of the Commissioner shall be final” by U.P. Act 7 of 2019, S. 2, dated 5-8-2019 (w.r.e.f.
25.
10-3-2019).
26.
Subs. for “.” by U.P. Act 4 of 2016, S. 21.
27. Ins. by U.P. Act 4 of 2016, S. 21.
28.
Renumbered by U.P. Act 4 of 2016, S. 22.
29. Ins. by U.P. Act 4 of 2016, S. 22.
30. Renumbered by U.P. Act 4 of 2016, S. 23(a).
31.
Subs. for “respective interests” by U.P. Act 4 of 2016, S. 23(b)(i).
32. Subs. for “State Government, Gram Sabha” by U.P. Act 4 of 2016, S. 23(b)(iii).
33. Ins. by U.P. Act 4 of 2016, S. 23(c ).
34.
Subs. for “.” by U.P. Act 4 of 2016, S. 24(b).
35.
Ins. by U.P. Act 4 of 2016, S. 24(b).
36. Renumbered by U.P. Act 4 of 2016, S. 25(a).
37.
Subs. for “under clause (a) or (b)” by U.P. Act 4 of 2016, S. 25(a).
38. Renumbered by U.P. Act 4 of 2016, S. 25(b).
39. Renumbered by U.P. Act 4 of 2016, S. 26(b).
40.
The words “or an exchange of holdings or parts thereof” omitted by U.P. Act 4 of 2016, S. 26(b).
41. Ins. by U.P. Act 4 of 2016, S. 26(d).
42. Omitted by U.P. Act 4 of 2016, S. 27(a)(i). Prior to omission it read as:
“(b) if the case is disputed, he shall settle the same, as far as may be, by conciliation between the
parties, and pass orders accordingly; and”
43.
Subs. by U.P. Act 4 of 2016, S. 27(a)(ii). Prior to substitution it read as:
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“(c ) if the dispute is not settled by conciliation, he shall decide the dispute and direct the record of rights
(Khatauni) to be amended accordingly.”
44.
Subs. by U.P. Act 4 of 2016, S. 27(b). Prior to substitution it read as:
“(2) Any person aggrieved by an order of the Tahsildar under sub-section (1) may prefer an appeal to the
Sub-Divisional Officer within a period of thirty days from the date of such order, and any person aggrieved by
the order of Sub-Divisional Officer may prefer the second appeal before the Commissioner within thirty days
from that order and the decision of the Commissioner shall be final.”
45. Subs. by U.P. Act 4 of 2016, S. 29(a). Prior to substitution it read as:
“(2) On receiving an application under sub-section (1) or on any error or omission otherwise coming to his
knowledge, the Tahsildar shall make such inquiry as may appear to him to be necessary, and refer the case
along with his report to the Sub-Divisional Officer.
(3) The case shall be decided by the Sub-Divisional Officer after considering any objection filed before
him or before the Tahsildar.
(4) Any person aggrieved by an order of Sub-Divisional Officer under sub-section (3) may prefer an
appeal to the Commissioner within a period of thirty days from the date of such order, and the decision of
the Commissioner shall be final.”
46.
Subs. for “the decision of the Commissioner shall be final” by U.P. Act 7 of 2019, S. 3, dated 5-8-2019
(w.r.e.f. 10-3-2019).
47.
Ins. by U.P. Act 4 of 2016, S. 29(a).
48.
Subs. for “sub-section (2) of Section 35 or sub-section (4) of Section 38” by U.P. Act 4 of 2016, S. 30.
49.
Subs. for “in the village map field book (Khasra) and record of right (Khatauni)” by U.P. Act 4 of 2016, S. 31.
50.
The words “Only the original Kisan Bahi and not a duplicate shall be produced by a tenure holder to such
institution for the purpose.” omitted by U.P. Act 4 of 2016, S. 32(c ).
51.
Subs. by U.P. Act 4 of 2016, S. 33(b). Prior to substitution it read as:
“(2) The State Government may, by a subsequent notification, amend or cancel the notification issued
under sub-section (1), or declare the operation to be closed.”
52. Ins. by U.P. Act 4 of 2016, S. 33(c ).
53.
Subs. for “sub-section (1) of Section 43” by U.P. Act 4 of 2016, S. 34(b).
54.
Subs. for “the record of rights (Khatauni)” by U.P. Act 4 of 2016, S. 36.
55. Subs. for “the field book (Khasra) and the record of rights (Khatauni)” by U.P. Act 4 of 2016, S. 37.
56. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
57.
Subs. for “Gram Sabhas” by U.P. Act 4 of 2016, S. 2(a).
58.Subs. for “may prefer an appeal to the Record Officer in the manner prescribed” by U.P. Act 4 of 2016, S. 39
(b).
59. Renumbered by U.P. Act 4 of 2016, S. 40(a).
60.
Ins. by U.P. Act 4 of 2016, S. 40(c ).
61.
Subs. by U.P. Act 4 of 2016, S. 43(b). Prior to substitution it read as:
“(2) Every lessee of building or land, leased or deemed to have been leased out by the State Government
under any of the enactments repealed by this Code, for the purposes connected with the working or
extraction of any mine or mineral, and operating on the date of commencement of this Code, shall continue
to retain possession thereof on payment of such rent as was in force on the date of such commencement.”
62. Subs. for “2 month” by U.P. Act 4 of 2016, S. 46.
63. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
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64. Subs. for “Gram Sabhas” by U.P. Act 4 of 2016, S. 2(a).
65. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a)
66. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
67. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
68. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
69. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
70. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
71.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
72. Subs. by UP Act 28 of 2020, S. 3(1), dated 31-8-2020. Prior to substitution it read as:
“(a) add to, amend, vary or rescind any earlier order issued under sub-section (1);”
73.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
74. Subs. by UP Act 28 of 2020, S. 3(2), dated 31-8-2020. Prior to substitution it read as:
“(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;”
75. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
93. Subs. for “any land referred to in sub-section (1)” by U.P. Act 4 of 2016, S. 49(b)(i).
94. Subs. by U.P. Act 4 of 2016, S. 49(b)(ii). Prior to substitution it read as:
“(c ) any land acquired for abadi under the provisions of the Land Acquisition Act, 1894 (Act 1 of 1894).”
95. Subs. for “.” by U.P. Act 4 of 2016, S. 50(b).
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96. Ins. by U.P. Act 4 of 2016, S. 50(b).
Subs. for “The order of the Commissioner shall be final” by U.P. Act 7 of 2019, S. 4, dated 5-8-2019 (w.r.e.f.
97.
10-3-2019).
98. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
99.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
100. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
101. Subs. for “Sub-Divisional Officer” by U.P. Act 4 of 2016, S. 53(a).
102. Subs. by U.P. Act 4 of 2016, S. 53(b). Prior to substitution it read as:
“(2) Where from the information received under sub-section (1) or otherwise, the Sub-Divisional Officer 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, or, as the case may be, why he should not be evicted from such land.”
103. Subs. for “Sub-Divisional Officer” by U.P. Act 4 of 2016, S. 53(a).
104.
Subs. for “Sub-Divisional Officer” by U.P. Act 4 of 2016, S. 53(a).
105. Subs. for “Sub-Divisional Officer” by U.P. Act 4 of 2016, S. 53(a).
106. Subs. for “Sub-Divisional Officer” by U.P. Act 4 of 2016, S. 53(a).
107.
Subs. for “Sub-Divisional Officer” by U.P. Act 4 of 2016, S. 53(a).
108.
Ins. by U.P. Act 4 of 2016, S. 54.
109.
Subs. for “Gram Fund” by U.P. Act 4 of 2016, S. 2(b).
110.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
111.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
112.
Subs. by U.P. Act 7 of 2019, S. 5, dated 5-8-2019 (w.r.e.f. 10-3-2019). Prior to substitution it read as:
“(c ) the payment of expenses incurred on the development of lands of common utility, and”
113. Ins. by U.P. Act 4 of 2016, S. 55(b).
114.
Subs. for “.” by U.P. Act 4 of 2016, S. 57(b).
115. Ins. by U.P. Act 4 of 2016, S. 57(b).
116. Subs. for “one Standing Counsel (Revenue)” by U.P. Act 4 of 2016, S. 58(a)(ii).
117.
Subs. for “one Standing Counsel (Revenue)” by U.P. Act 4 of 2016, S. 58(a)(iii).
118. Subs. by U.P. Act 7 of 2019, S. 6, dated 5-8-2019 (w.r.e.f. 10-3-2019). Prior to substitution it read as:
“(c ) [one or more Divisional Government Counsel (Revenue) for the divisional headquarters; and]”
119.
Subs. for “one District Government, Counsel (Revenue) for the district headquarters” by U.P. Act 4 of 2016,
S. 58(a)(v).
120. Subs. for “Gram Sabha, Panchayat or Bhumi Prabandhak Samiti” by U.P. Act 4 of 2016, S. 58(c ).
121. Ins. by U.P. Act 4 of 2016, S. 58(e).
122.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
123. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
124.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
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125.
Subs. by U.P. Act 4 of 2016, S. 59(a)(i). Prior to substitution it read as:
“(c ) every person who is or has been allotted any land under the provisions of the Uttar Pradesh Bhoodan
Yojna Act, 1952;”
126. Subs. by U.P. Act 4 of 2016, S. 59(a)(i). Prior to substitution it read as:
“(d) very person who is or has been allotted any land under the provisions of the Uttar Pradesh Imposition
of Ceiling on Land Holdings Act, 1960;”
127. Ins. by U.P. Act 4 of 2016, S. 59(a)(ii).
128. Subs. for “ten years” by U.P. Act 4 of 2016, S. 59(b).
129.
Subs. for “under sub-section (1) or sub-section (2) or sub-section (3)” by U.P. Act 4 of 2016, S. 59(d).
130. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
131. Renumbered by U.P. Act 4 of 2016, S. 60(a).
132.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
133. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
134. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
135.
Proviso omitted by U.P. Act 4 of 2016, S. 60(c ). Prior to omission it read as:
“Provided that the land use of public utility land except the land of pond, graveyard, cremation ground,
Idgah land covered by forest, religious places or site of Holi, can be changed by the State Government for
public interest in the manner as may be prescribed.”
136. Subs. by UP Act 28 of 2020, S. 5, dated 31-8-2020. Prior to substitution it read as:
“[(2) Notwithstanding anything to the contrary contained in other provisions of this Code, where, any
land or part thereof specified in sub-section (1) of this section is, surrounded by or, in between, the plot or
plots of land purchased, acquired or resumed for public purpose, the State Government may, change the
class of such public utility land, and if the class of such public utility land is changed, any other land
equivalent or more than that of public utility land aforesaid, shall be reserved for the same purpose [in the
same or any nearby Gram Panchayat] or other local authority, as the case may be or State Government may
permit the exchange thereof under Section 101 of this Code, in the manner prescribed:
Provided that the class of any public utility land may be changed only in exceptional cases on such terms
and conditions, as may be prescribed. The reason for changing the class of public utility land shall be
recorded in writing.”
137. Subs. by U.P. Act 4 of 2016, S. 61(a). Prior to substitution it read as:
“(a) every person who was an asami immediately before the date of commencement of this Code;”
138.
Subs. by U.P. Act 7 of 2019, S. 8, dated 5-8-2019 (w.r.e.f. 10-3-2019).
139. Ins. by UP Act 28 of 2020, S. 6, dated 31-8-2020.
140.
Omitted by UP Act 4 of 2021, S. 3 (w.r.e.f. 28-12-2020). Prior to omission it read as:
“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”
141.
Subs. for “Section 80” by U.P. Act 7 of 2019, S. 9, dated 5-8-2019 (w.r.e.f. 10-3-2019).
142.
Subs. for “any purpose other than a purpose connected with agriculture,” by U.P. Act 4 of 2016, S. 64(a).
143. Subs. by U.P. Act 4 of 2016, S. 65. Prior to substitution it read as:
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“(2) Subject to the provisions of sub-section (3), no person shall have the right to acquire by purchase
or gift any holding or part thereof from a bhumidhar with transferable rights where the transferee shall as a
result of such acquisition become entitled to land which together with land, if any, held by him and his family
shall exceed 5.04 hectares in Uttar Pradesh.”
146.
Omitted by UP Act 4 of 2021, S. 4 (w.r.e.f. 28-12-2020). Prior to omission it read as:
“[Provided that where the land has been acquired or purchased by a registered firm, company,
partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution,
without obtaining prior approval under this subsection or sub-section (3) of Section 154 of the Uttar Pradesh
Zamindari Abolition and Land Reforms Act, 1950 as enacted before the repeal, the State Government or an
officer authorized for this purpose under this Act, may give its approval for regularizing such acquisition or
purchase, after payment of an amount as fine, which shall be fifty percent of the cost of the land in excess
of the limit prescribed under sub-section (2) calculated as per the circle rate prevailing at the time of making
the application.]”
149.Subs. for “Mortgage and gift of land by bhumidhar with non-transferable rights” by U.P. Act 4 of 2016, S. 70
(a).
150. Subs. by U.P. Act 7 of 2019, S. 11, dated 5-8-2019 (w.r.e.f. 10-3-2019).
151. Subs. by U.P. Act 7 of 2019, S. 12, dated 5-8-2019 (w.r.e.f. 10-3-2019).
152. Omitted by U.P. Act 7 of 2019, S. 13, dated 5-8-2019 (w.r.e.f. 10-3-2019).
153. Omitted by U.P. Act 7 of 2019, S. 13, dated 5-8-2019 (w.r.e.f. 10-3-2019).
154. Subs. by U.P. Act 4 of 2016, S. 75. Prior to substitution it read as:
Provided that no such permission shall be granted by the Collector if the transferor will come to hold
less than 1.265 hectare of land in Uttar Pradesh as a result of such transfer.
(2) For the purposes of granting permission under this section the Collector may make such inquiry as
may be prescribed.”.
155. Subs. by U.P. Act 4 of 2016, S. 77. Prior to substitution it read as:
“101. Exchange.—(1) No bhumidhar shall without prior permission in writing of the Sub-Divisional Officer
exchange his land with the land—
(b) entrusted or deemed to be entrusted to any Gram Panchayat or a local authority under Section 59.
(2) The Sub-Divisional Officer shall refuse permission under sub-section (1) in the following cases,
namely—
(a) if the exchange is not necessary for the consolidation of holdings or securing convenience in
cultivation;
(b) if the difference between the valuation determined in the manner prescribed, of the lands given and
received in exchange exceeds ten per cent of the lower valuation.
(c ) if the difference between the areas of the land given and received in exchange exceeds twenty-five
per cent of the lesser area; or
(d) in the case of land referred to in clause (b) of sub-section (1), if it is reserved for planned use, or is
land in which bhumidhari rights do not accrue;
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(e) if the land is not located in same or adjacent village of the same tahsil.
(3) Nothing in this section shall be deemed to empower any person to exchange his undivided interest in
any holding, except where such exchange is in between two or more same co-sharers.
(4) Nothing in the Indian Registration Act, 1908 (Act 16 of 1908) shall apply to an exchange in
accordance with this section.”.
156. Ins. by UP Act 28 of 2020, S. 8, dated 31-8-2020.
157. Ins. by UP Act 28 of 2020, S. 8, dated 31-8-2020.
158. Omitted by U.P. Act 7 of 2019, S. 14, dated 5-8-2019 (w.r.e.f. 10-3-2019).
159. Subs. by U.P. Act 7 of 2019, S. 15, dated 5-8-2019 (w.r.e.f. 10-3-2019).
160. Ins. by U.P. Act 7 of 2019, S. 16, dated 5-8-2019 (w.r.e.f. 10-3-2019).
161.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
162. Subs. by U.P. Act 4 of 2016, S. 83.
163. Ins. by UP Act 28 of 2020, S. 9(1), dated 31-8-2020.
164.
Subs. by UP Act 28 of 2020, S. 9(2), dated 31-8-2020. Prior to substitution it read as:
“[(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:
Provided that the widow and the son and unmarried daughter of a predeceased son how low-so-ever
shall inherit per stirpes the share which would have devolved upon the predeceased son had he been
alive,
(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;
(i) half sister, being the daughter of the same father as the deceased;
(k) half sister's son, and unmarried daughter, the sister having been the daughter of the same father as the
deceased;
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“[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:
(b) husband;
(c ) married daughter;
(e) father;
(g) brother, being the son of the same father as the diseased and brother's son and unmarried daughter as
per stirpes,
“Explanation.—In this section, the expression ‘murder’ means any offence punishable under Section 302,
Section 303, Section 304, Section 304-A, Section 304-B, Section 305 or Section 306 of the Indian Penal
Code.”
175.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
176. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
177. Subs. by U.P. Act 4 of 2016, S. 91. Prior to substitution it read as:
“(2) In every such suit, the court may also divide the trees, wells and other improvements existing on
such holding.”
178. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
179. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
180.
Subs. for “does not use it for agriculture” by U.P. Act 4 of 2016, S. 95(a).
181. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
182.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
183.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
184. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
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“(ii) ‘Gram Sabha’ means Gram Sabha as defined under the U.P. Panchayat Raj Act, 1947;”
190.
Ins. by UP Act 28 of 2020, S. 12, dated 31-8-2020.
191.
Subs. for “.” by U.P. Act 4 of 2016, S. 101(b).
192. Ins. by U.P. Act 4 of 2016, S. 101(b).
193. Omitted by U.P. Act 4 of 2016, S. 102(b). Prior to omission it read as:
“(a) in the case of an allotment of land made before the commencement of this Code, within five years
from the date of such commencement;
(b) in the case of an allotment of land made on or after the date of such commencement, within five
years from the date of such allotment or lease.”
194. Subs. by UP Act 28 of 2020, S. 13, dated 31-8-2020. Prior to substitution it read as:
“[(1-A) Any application under sub-section (1) may be moved in the case of an allotment of land made
before the commencement of this Code, within five years from the date of such commencement and in the
case of an allotment of land made on or after the date of such commencement, within five years from the
date of such allotment or lease.]”
“135. Consequences of failure to file suit under Section 134.—If a suit for ejectment from any land under
sub-section (1) of Section 134 is not instituted by a bhumidhar or asami, or if a decree for ejectment
obtained in any such suit is not executed with in the period of limitation provided for the institution of such
decree, as the case may be, the following consequences shall ensue, with effect from the date of expiry of
such period, namely—
(a) where the land forms part of the holding of a bhumidhar with transferable rights, the person taking or
retaining possession shall become bhumidhar with non-transferable rights and shall be liable to pay
land revenue therefor at double the pre-existing rates;
(b) where the land forms part of the holding of a bhumidhar with non-transferable rights, the person
taking or retaining possession shall become like bhumidhar with non-transferable right and shall be
liable to pay land revenue therefor at double the pre-existing rates.”
201. Subs. by U.P. Act 4 of 2016, S. 109. Prior to substitution it read as:
“(1) The Sub-Divisional Officer may, of his own motion or the application of the Gram Sabha 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 Sabha
or the local authority and shall also be liable to pay damages at the rates prescribed.”
202. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
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204. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
205. Subs. for “trees and improvements” by U.P. Act 4 of 2016, S. 109.
206. Subs. for “trees and improvements” by U.P. Act 4 of 2016, S. 109.
207. Subs. for “land;” by U.P. Act 4 of 2016, S. 110.
208. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
209. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
210. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
211.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
212. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
213. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
214.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
215. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
216. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
217. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
“(a) a woman or a minor, or a senior citizen of 65 years, or a person as referred in Section 95(1)(a);”
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239. Subs. for “Column 4” by U.P. Act 4 of 2016, S. 159(a).
240. Subs. for “Column 3” by U.P. Act 4 of 2016, S. 160(a).
241.
Subs. for “Column 6” by U.P. Act 4 of 2016, S. 160(a).
242. Subs. for “Chapter V” by U.P. Act 4 of 2016, S. 161(b)
243. Subs. for “review” by U.P. Act 4 of 2016, S. 161(c ).
244.
Ins. by U.P. Act 4 of 2016, S. 161(e).
245. Renumbered by U.P. Act 4 of 2016, S. 162(a).
246. The words “or where an appeal lies but has not been preferred,” omitted by U.P. Act 4 of 2016, S. 162(b).
247.
Ins. by U.P. Act 4 of 2016, S. 162(c ).
248. Subs. for “thirty days” by U.P. Act 4 of 2016, S. 162(d).
249. Ins. by U.P. Act 4 of 2016, S. 163(c ).
250.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
251. Subs. for “Jhansi division” by U.P. Act 4 of 2016, S. 172(a).
252. Subs. for “Balai (Pahar)” by U.P. Act 4 of 2016, S. 172(b).
253.
Subs. for “Bhagwat of tehsil Chunar” by U.P. Act 4 of 2016, S. 172(c ).
254. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
255. Ins. by U.P. Act 4 of 2016, S. 176.
256.
Ins. by U.P. Act 4 of 2016, S. 176.
257. Ins. by U.P. Act 4 of 2016, S. 176.
258. Ins. by U.P. Act 4 of 2016, S. 176.
259.
Ins. by U.P. Act 4 of 2016, S. 176.
260. Ins. by U.P. Act 4 of 2016, S. 176.
261.Subs. for “not be less than five hundred rupees and not exceed two thousand rupees” by U.P. Act 4 of 2016,
S. 177(a).
262.
Subs. for “not be less than one hundred rupees and not exceed five hundred rupees” by U.P. Act 4 of 2016,
S. 177(a).
263. Subs. for “five thousand rupees” by U.P. Act 4 of 2016, S. 177(b).
264. Subs. for “Damages or destruction etc. of boundary marks” by U.P. Act 4 of 2016, S. 178(a).
265.
Subs. for “one hundred rupees” by U.P. Act 4 of 2016, S. 178(b)(ii).
266.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
267. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
268.
Subs. for “Uttaranchal” by U.P. Act 4 of 2016, S. 181.
269. Ins. by U.P. Act 4 of 2016, S. 184(a)(ii).
270. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
271.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
272. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
273. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
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274.
Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
275. Subs. for “one thousand rupees” by U.P. Act 4 of 2016, S. 184(d).
276. Subs. for “.” by U.P. Act 4 of 2016, S. 185(b).
277.
Ins. by U.P. Act 4 of 2016, S. 185(b).
278. Subs. by U.P. Act 4 of 2016, S. 185(c ). Prior to substitution it read as:
“(3) The Revenue Court Manual and the land Records Manual in force on the date of commencement of
this Code, shall continue to remain in force until amended, rescinded or replaced by any regulations made
under this section.”
279.
Subs. for “Uttaranchal” by U.P. Act 4 of 2016, S. 186.
280. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
281. Subs. by U.P. Act 4 of 2016, S. 187. Prior to substitution it read as:
“11. Any question, relating to the allotment of land referred to in Section 65 or Section 130 or
cancellation of such allotment.”
282. Subs. by U.P. Act 4 of 2016, S. 187. Prior to substitution it read as:
“12. Any claim to question a direction issued by the Collector under Section 72.”
283.
Subs. by U.P. Act 4 of 2016, S. 187. Prior to substitution it read as:
“13. Any claim to question the delivery of possession over any land and part thereof referred to in
Section 129, or the eviction of any person under Section 139 or Section 204.”
284. The word “Commissioner” omitted by U.P. Act 4 of 2016, S. 188(a).
285. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
289. Subs. for “Tehsildar” by U.P. Act 7 of 2019, S. 20, dated 5-8-2019 (w.r.e.f. 10-3-2019).
290. Subs. for “Tehsildar” by U.P. Act 7 of 2019, S. 20, dated 5-8-2019 (w.r.e.f. 10-3-2019).
291. Subs. for “Gram Sabha” by U.P. Act 4 of 2016, S. 2(a).
292. Subs. by U.P. Act 4 of 2016, S. 189(d). Prior to substitution it read as:
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