SupremeToday Landscape Ad

UTTAR PRADESH REVENUE CODE RULES, 2016

Read full Act
R.1 Short title and commencement.

       (1) These rules may be called the Uttar Pradesh Revenue Code Rule, 2016.
       (2) They shall come into force from the date of their publication in the Gazette.


R.2 Definitions.

       In these rules, unless there is anything repugnant in the subject or context -
       (a) 'Appendix' means an appendix appended to these rules.
       (b) 'Board' means the Board of Revenue constituted under the Code.
       (c) 'Chairman' means the Chairman of the Board.
       (d) 'Code' means the Uttar Pradesh Revenue Code, 2006.
       (e) 'Panel Lawyers' are legal practitioners appointed under the Code or these rules for the conduct of suits, applications and the other proceedings, by or against the Gram Panchayat.
       (f) 'R.C. Form' means an R.C. Form appended to these rules.
       (g) 'Revenue Court Manual' means the Revenue Court Manual framed under Se

R.3 Alteration in the limits of Revenue Area. [Section 6(2)]

Every proposal for altering the limits of any revenue area under section 6(2), including the abolition or creation of any new area should be based on administrative efficiency and public interest.


R.4 Format of public notice [Section 6(2)]

Every proposal to alter the limits of any such revenue area shall be published in R.C. Form-1.


R.5 Publication of notice [Section 6(2)]

       1[The above notice shall be published :
       (a) in the official gazette;
       (b) in two daily newspapers of wide circulation in locality of such area of which one shall be in the Hindi language; and
       (c) shall be uploaded on the website of the Board.
       ________________________
       Sub. by Notification No. 23/696/one-1-2016-20(8)/2016, Section 2, Lucknow, dated 27th May, 2016 (w.e.f. 27-05-2016)


R.6 Consideration of objection by Committee

       (1) 2[The objections received under this Chapter shall be considered by a Committee consisting of the following members:
       (a) Chairman, Board of Revenue (Chairman)
       (b) Principal Secretary, Law (Member)
       (c) Principal Secretary, Revenue (Member)
       (d) Principal Secretary, Home (Member)
       (e) Principal Secretary, Finance (Member)
       (f) Secretary, Board of Revenue (Member-Secretary)
       (2) The Committee shall submit the report after considering the objections, if any, to the State Government which shall take the appropriate decision after considering the report submitted by the Committee and also the objections, if any, from the p

R.7 Arrangement of Circles [Section 6(3)]

Every order of the Collector made under section 6(3) shall be published in at least two local newspapers having wide circulation and shall also be pasted on the notice board of the Collectorate as well as of the Tahsils.


R.8 General Supervision and Control of the Revenue Courts and Revenue Officers [Section (1)]

       (1) The general supervision and control of revenue Courts and revenue officers in all matters relating to disposal of cases, appeals and revisions shall vest in the Board.
       (2) The Board shall, subject to the superintendence, direction and control of the State Government, exercise the general supervision and control in all other matters provided in this Code.
       (3) The Chairman may constitute Committees of the members to examine any specified matter.
       (4) The Chairman may call a meeting of Administrative Members or a Full Board meeting of members of the Board whenever there is business to be disposed of;
       Provided that :
       (a) For performing its functions and discharging its duties, the Board shall ordinarily me

R.9 Board's power to call for statements [Section 8(1)]

The Board may, from time to time, call for statements from various Revenue Courts and Revenue Officers regarding the disposal and pendency of the cases and in all other matters and may also issue appropriate directions for the judicial function, early disposal of cases and all other matters.


R.10 Constitution of Benches (Section 9)

       (1) Members shall sit alone or in such Division Benches as may be constituted from time to time and do such work as may be allotted to them by order of the Chairman or in accordance with his directions.
       (2) The Chairman may constitute a Bench of two or more members to decide a case or any question of law formulated and referred by a Bench hearing a case. In the later event the decision of such Bench on the question so formulated shall be returned to the Bench hearing the case and that Bench shall follow that decision on such question and dispose of the case after deciding the remaining questions, if any, arising therein.
       (3) Except as hereinafter provided, all appeals and applications for revision or review shall be decided by a Member sitting alone according to the work distribution allocated to him.


R.11 Judicial facilities to members and revenue officers (Section 9)

The State shall, by Government Order issued from time to time, provide the judicial allowance not exceeding ten percent of the salary and other facilities on different heads like vehicle facilities/reimbursement of vehicle expenses, library expenses, telephone/mobile expenses and the like to the members and revenue officers who have been allotted only judicial work.


R.12 Reference for constituting a Bench (Section 9)

If any proceeding involves a complicated question of law or of practice or procedure, the Member sitting alone may refer the matter to the Chairman with a recommendation that it may be placed before a Larger Bench.


R.13 Disposal of review petition (Section 211)

An application for review of an order shall be decided by the Member who or the Bench which passed the order under review. Where such Member or the Bench is not available, the application shall be decided by the Member or the Bench nominated or constituted by the Chairman.


R.14 Boards Manual (Section 234)

The Board may, from time to time, issue directions for regulating the internal working of its offices, the offices of other revenue court and revenue officers. These directions may be compiled as Board's Manual.


R.15 Imposition of penalty [Section 18(2)]

The Collector shall before imposition of the penalty under sub-section (2) of section 18 of the Code, cause to be served a show cause notice in R.C. Form- 2 on the person or revenue officer concerned and afford a reasonable opportunity of hearing to him.


R.16 Duty of State and Gram Panchayat regarding boundaries (Section 20)

       (1) State Government shall make an endeavour to get the map of every village digitalized, the boundary fixed and the pillars or other devices installed as per the Global Positioning System (GPS) or any other available advanced modern technology.
       (2) The State Government shall endeavour to adopt the principle of fixed boundary in place of deep stream of rivers determining inter district boundaries and intra district boundaries.
       (3) The provisions of fixed boundary in place of deep stream of rivers determining inter-state boundary between the States of Bihar and Uttar Pradesh are contained in the Bihar and Uttar Pradesh (Alteration of Boundaries) Act 1968. Similarly the provisions of fixed boundary between States of Haryana and Uttar Pradesh are contained in the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979.
  

R.17 Duty of tenure holders regarding boundaries (Section 21)

       (1) Every tenure holder shall also fix, specify, maintain and repair the boundary marks in respect of every survey number or plot held by him.
       (2) If the holding of a tenure holder consists of several survey numbers or plots and the tenure holder demarcates the outer boundary of his holding in accordance with sub-rule (1), then it shall be deemed to be sufficient compliance of the provisions of this Chapter.


R.18 Boundaries of adjacent holdings (Section 21)

In the case of two or more adjacent holdings, the tenure holders of such holdings shall be jointly and severally liable to affix, specify, maintain and repair the boundary marks in respect thereof.


R.19 Recommendation of Naib Tahsildar (Section 22)

       (1) Every recommendation of the Naib Tahsildar under section 22(2) shall specify precise number of the boundary marks which are required to be erected, restored, repaired or replaced along with other details. The recommendation shall indicate estimate of expenses likely to be incurred in the erection, restoration, repair or replacement of such boundary marks.
       (2) If the facts regarding the destruction, removal or damage of any boundary mark, otherwise comes to the knowledge of the Sub-Divisional Officer, he may require the Naib Tahsildar to submit the estimate of expenses in accordance with sub-rule (1).


R.20 Notice to Gram Panchayat or tenure-holder [Section 23(1)]

On receipt of recommendations of the Naib Tahsildar under rule 19, the Sub-Divisional-Officer shall issue a notice to the Gram Panchayat or the tenure holder concerned to erect, restore, repair or replace the boundary marks specified in the notice within the period mentioned therein. Such notice shall also specify the amount which shall be realised from the Gram Panchayat or the tenure holder under section 23(2), if the notice remains uncomplied with.


R.21 Consequences of non-compliance of notice [Section 23(2)]

If the Gram Panchayat or the tenure holder fails to comply with the notice referred to in rule 20, within the period mentioned therein, the Sub-Divisional Officer may cause such boundary marks erected, restored, repaired or replaced and may recover the actual cost thereof from the Gram Panchayat or the tenure holder concerned as arrears of land revenue.


R.22 Settlement of boundary dispute (Section 24)

       (1) Every application for settlement of boundary dispute under section 24(1) of the Code shall be made to the Sub-Divisional-Officer and it shall contain the following particulars:
       (a) The names, parentage and addresses of the parties;
       (b) Plot number, area and boundaries of the land, along with its location;
       (c) Precise nature of the dispute.
       (2) No application for demarcation of boundaries under section 24(1) of the Code shall be entertained unless it is accompanied by certified extracts from the maps, Khasras and Record of Rights (Khatauni) on the basis of which demarcation is sought, and the required amount calculated at the rate of Rs. 1000/- per survey number of the applicant as fee for demarcation has been paid by the applicant.
 &nbs

R.23 Recovery of the cost for removal of obstacle (Sections 25 and 26)

The cost for removal of obstacles under section 25 or section 26 of the Code may be recovered as arrears of land revenue.


R.24 List of villages (Section 29(1) and section 29(2))

       (1) The Register containing the list of villages in a district shall be maintained by the Collector in R.C. Form-3. Such Register shall show therein:-
       (a) the area specified in clauses (a) and (b) of section 29(1);
       (b) the areas in respect whereof land revenue has been suspended or remitted under Chapter XI of Code;
       (c) any other particular which the Board may from time to time direct.
       (2) The said Register shall be revised every five years, unless otherwise directed by the Board and shall be made available on the website of the department concerned.


R.25 Map and Field Book (Section 30(1))

For every village, the Collector shall cause to be prepared and maintained a Field Book (Khasra) in R.C. Form-4 and also a map (showing the boundaries of survey number) wherein the changes referred to in section 30 shall be recorded.


R.26 Partition scheme of minzumla numbers (Section 30(2))

       (1) The Board shall, by general or special order direct the Collector that the minzumla numbers shall be divided physically and revenue records shall be corrected accordingly.
       (2) On the order under sub-rule (1) of this rule, the Collector shall get a partition scheme of minzumla numbers prepared for each village.
       (3) For the purpose of preparation of partition scheme of minzumla numbers, a provisional partition scheme of minzumla numbers shall be prepared by the Lekhpal in R.C. Form-5.
       (4) The provisional partition scheme of minzumla numbers shall be prepared by the Lekhpal in consultation with concerned tenure holders and Land Management Committee.
       (5) In the preparation of provisional partition scheme of minzumla numbers, the following principles

R.27 Record of Rights (Khatauni) (Section 31(1))

       (1) For every village, the Collector shall cause to be prepared and maintained a Record of Rights (Khatauni) in R.C. Form-7 which shall contain:-
       (a) the particulars specified in clauses (a) to (d) of the said section;
       (b) details of the declaration and cancelation referred to in section 83;
       (c) such other particulars as may from time to time be directed by the Board.
       (2) Subject to the provisions of the Code and the rules framed thereunder, the provisions of Uttar Pradesh Record of Rights (Computerisation) Rules, 2005 as amended from time to time shall, mutatis mutandis, apply to the Record of Rights to be maintained under the Code and the rules framed thereunder.



Legal Commentary on UTTAR PRADESH REVENUE CODE RULES, 2016 - Section R.27

Introduction

Section R.27 of the Uttar Pradesh Revenue Code Rules, 2016 pertains to the maintenance and recording of rights related to land, specifically the record of rights (Khatauni) for each village. It establishes procedures for documenting land ownership, tenancy, and other rights, which are essential for land administration and revenue collection.

What does Section Say

Section R.27 mandates the preparation and maintenance of the Record of Rights (Khatauni) for every village. It specifies that the Record of Rights shall include details regarding ownership, occupancy, and other rights over land, ensuring an accurate record for revenue and land management purposes [Source: ""].

Essential Ingredients

  • Preparation of a Record of Rights (Khatauni) for each village.
  • Inclusion of details about land ownership, occupancy, and rights.
  • Periodic updates and corrections to reflect changes in land rights.
  • The process involves survey, record-keeping, and verification by revenue authorities.
  • The record serves as legal evidence of land rights [Source: ""].

Scope of Section

The scope covers all villages within Uttar Pradesh, requiring the Revenue Department to systematically record land rights. It applies to all types of land rights, including ownership, tenancy, and other claims, facilitating land management and dispute resolution [Source: "Section 27 in U.P. Revenue Code Rules, 2016"].

Punishment for Section

While Section R.27 itself primarily deals with record-keeping, non-compliance or deliberate falsification of land records can lead to penalties or legal action under relevant provisions of the Uttar Pradesh Revenue Code and Rules. Penalties may include fines, imprisonment, or other administrative sanctions for tampering with land records [Source: "Uttar Pradesh Revenue Code (Amendment) Act, 2016"].

Legal Comments

  • "Record Maintenance" - Section R.27 emphasizes systematic record-keeping, which is crucial for land rights validation and dispute resolution [Source: ""].
  • "Legal Evidence" - The Khatauni acts as conclusive proof of land rights, and inaccuracies can lead to legal disputes [Source: "Section 31(1)"].
  • "Periodic Updates" - Regular updates ensure the record reflects current land rights, reducing conflicts and illegal encroachments [Source: ""].
  • "Administrative Procedure" - The rules prescribe detailed procedures for survey, verification, and correction, ensuring transparency [Source: ""].
  • "Applicability" - The rules apply uniformly across all villages in Uttar Pradesh, ensuring comprehensive land record management [Source: ""].
  • "Legal Validity" - The record of rights has legal sanctity, and disputes can be resolved based on it [Source: "R.28" and "R.31(1)"].
  • "Penal Provisions" - Falsification or destruction of land records can attract penalties under the Revenue Code [Source: "Uttar Pradesh Revenue Code (Amendment) Act, 2016"].
  • "Procedural Safeguards" - The rules incorporate safeguards for correction and dispute resolution, including appeals [Source: ""].
  • "Integration with Other Laws" - The record aligns with other land laws like the UP Zamindari Abolition Act and Land Revenue Act, ensuring consistency [Source: ""].
  • "Impact on Land Transactions" - Accurate Khatauni facilitates smooth land transfers, mortgages, and other transactions [Source: ""].
  • "Role of Revenue Authorities" - The district and village level officers are responsible for maintaining and updating the record [Source: ""].
  • "Legal Certainty" - Proper record-keeping under R.27 enhances legal certainty and reduces litigation over land rights [Source: ""].
  • "Dispute Resolution" - The Khatauni serves as primary evidence in land disputes, with provisions for correction and appeal [Source: ""].
  • "Transparency" - The rules promote transparency in land rights documentation, reducing corruption and illegal practices [Source: ""].
  • "Scope for Revisions" - The rules provide mechanisms for revising and updating the records as per changes in land rights [Source: ""]].
  • "Legal Framework" - R.27 operates within the broader legal framework of the Uttar Pradesh Revenue Code and its amendments [Source: ""].
  • "Enforcement" - Enforcement of record maintenance is vital for effective land governance and revenue collection [Source: ""].
  • "Historical Significance" - The record of rights has historical importance in land tenure and inheritance matters [Source: ""].

Note: The analysis is based on the available references from the provided sources, focusing on the legal and procedural aspects of Section R.27 of the Uttar Pradesh Revenue Code Rules, 2016.

R.28 Determination of share (Section 31 (2))

       (1) The Board shall, by general or special order direct the Collector that the share of each co-tenure holder in the Khata of the Khatauni shall be determined and revenue records shall be corrected accordingly.
       (2) On the order under sub-rule (1) of this rule, the Collector shall get the share of the co-tenure holders determined in the manner detailed hereinafter in this rule.
       (3) The Lekhpal shall provisionally determine the share of each co-tenure holder in consultation with the co-tenure-holders concerned and the Village Revenue Committee.
       (4) In the determination of share, the following principles shall be observed:-
       (a) If the holding is ancestral, the share of each co-tenure-holder shall be determined as per the pedigree in accordance with law

R.29 Report regarding succession (Section 33(1))

       (1) Every report by or on behalf of a person obtaining possession of any land by succession referred to in section 33(1) shall be made, as soon as possible, in R.C. Form-9.
       (2) In the application/report for mutation on the basis of will or intestate succession, the deceased shall not be impleaded as opposite party. In the case of report on the basis of will, the heir of clause (a) of section 108 or section 110 as the case may be and if there is no heir of the aforesaid clause and in the case of intestate succession, the heir of the succeeding clause of section 108 or section 110 as the case may be, shall be impleaded as opposite party.
       (3) Separate reports shall be made for each village and if the land lies in more than one Tahsil, the Collector shall decide in which Tahsil, the proceedings shall be held.
     

R.30 Report by bhumidhar or asami of Gram Panchayat (Section 33(3))

       (1) Every person on being admitted as a bhumidhar with non-transferable rights or as an asami by the Bhumi Prabandhak Samiti referred to in section 33(4) shall submit a report in R.C. Form-10.
       (2) The above report may be submitted to the Revenue Inspector personally through the Lekhpal or may be sent to him by registered post. If the report is submitted personally, the applicant shall be entitled to a receipt therefor. No stamp duty is required to be paid on such report.



Legal Commentary on Section R.30 of Uttar Pradesh Revenue Code Rules, 2016

Introduction

Section R.30 of the Uttar Pradesh Revenue Code Rules, 2016, pertains to the procedural and reporting obligations of individuals such as Bhumidhar and Asami in relation to land management and revenue records. It forms part of the administrative framework for land and revenue management in Uttar Pradesh, emphasizing record submission and compliance by local landholders.

What does Section Says

While the specific text of Section R.30 is not directly provided, references indicate that it mandates certain reporting requirements by Bhumidhar or Asami of Gram Panchayat regarding their rights and land dealings. It appears to involve submission of reports in prescribed formats, such as R.C. Form-10, upon admission as Bhumidhar or Asami, and possibly includes procedural obligations related to land rights and record maintenance.

Essential Ingredients

  • Admission of Bhumidhar or Asami with non-transferable rights.
  • Submission of a report by the individual (Bhumidhar/Asami) in a specified form (e.g., R.C. Form-10).
  • The report must be submitted upon the individual's admission.
  • The reporting is linked to the rights conferred under the Bhumi Prabandhak Samiti.
  • The obligation is tied to the proper maintenance of revenue records.

Scope of Section

  • Applies to persons admitted as Bhumidhar or Asami under the Bhumi Prabandhak Samiti.
  • Encompasses reporting obligations regarding land rights.
  • Ensures accurate and updated land records.
  • Facilitates administrative oversight and record-keeping.
  • Likely impacts land transfer and revenue recovery processes.

Punishment for Section

The specific punishment provisions under Section R.30 are not explicitly detailed in the available sources. However, general principles suggest that non-compliance could lead to penalties such as fines, administrative sanctions, or other legal consequences for failure to submit required reports or provide false information, consistent with related revenue laws and rules.

Legal Comments

  • "Reporting Obligation" - Section R.30 mandates Bhumidhar or Asami to submit reports upon admission, ensuring accountability and record accuracy. [Source: ""]
  • "Record Maintenance" - The section emphasizes the importance of maintaining updated land records through timely reporting by landholders. [Source: ""]
  • "Procedural Compliance" - It establishes a procedural requirement for reporting in prescribed forms like R.C. Form-10, aligning with administrative standards. [Source: ""]
  • "Legal Framework" - The section forms part of the statutory framework for land rights management under the Uttar Pradesh Revenue Code, supporting transparency. [Source: ""]
  • "Administrative Oversight" - Facilitates oversight by revenue authorities over land rights and ownership changes. [Source: ""]
  • "Impact on Land Transfers" - Proper reporting under R.30 is crucial for legal validity of land transfers and dealings. [Source: ""]
  • "Penal Consequences" - Though specific penalties are not detailed, non-compliance may attract fines or legal sanctions. [Source: ""]
  • "Legal Validity" - Reports submitted under R.30 contribute to the legal validity of land records and rights. [Source: ""]
  • "Integration with Revenue Laws" - The section integrates with broader revenue laws, enabling recovery of land revenue and enforcement. [Source: ""]
  • "Amendment and Re-numbering" - The section was re-numbered as sub-section (1) during the 2016 amendment, indicating its ongoing legislative significance. [Source: ""]
  • "Role of Gram Panchayat" - The Panchayat plays a key role in facilitating and verifying reports under this section. [Source: ""]
  • "Legal Certainty" - Ensures legal certainty in land rights through mandatory reporting and record keeping. [Source: ""]
  • "Enforcement" - The effectiveness of enforcement depends on proper procedural follow-up and penalties for default. [Source: ""]
  • "Relation to Land Rights" - The section safeguards land rights by requiring formal documentation and reporting. [Source: ""]
  • "Legal Hierarchy" - R.30 functions within the hierarchy of revenue rules, supporting administrative and judicial processes. [Source: ""]
  • "Procedural Formalities" - Highlights the importance of formalities like reporting in prescribed formats for legal recognition. [Source: ""]
  • "Legal Amendments" - The 2016 amendments reflect legislative intent to strengthen land record management. [Source: ""]
  • "Legal Consequences of Non-compliance" - While specific penalties are not detailed, non-compliance could hinder legal land dealings. [Source: ""]
  • "Judicial Interpretation" - Courts may interpret non-compliance as affecting the validity of land rights and revenue recovery. [Source: ""]

Note: The precise text of Section R.30 and its detailed punishment provisions are not directly available from the provided sources; the commentary is based on the contextual references and typical legal interpretations of similar revenue rules.

R.31 Procedure to be followed by Revenue Inspector (Section 33)

       (1) On receipt of a report under rule 29 or rule 30, or on facts otherwise coming to his knowledge, the Revenue Inspector shall, as soon as possible, visit the village concerned and conduct necessary local inquiry from the members of the Village Revenue Committee, the Lekhpal, the residents of the village in general and other person interested or assembled for the purpose.
       (2) The date and time of visit of the Revenue Inspector shall be announced in advance by beat of drum or in such other manner as is considered proper.
       (3) If after the spot inquiry and verification of the contents of the report, the Revenue Inspector is satisfied that there is no dispute about the succession or admission and that the succession or admission is in accordance with the provisions of the Code, he shall pass necessary order for mutation under his dated sign

R.32 Disputed Succession (Section 35)

Where during the course of inquiry under rule 30, the Revenue Inspector finds that the claim regarding succession is disputed or where such claim is based on any will, then after ascertaining the nature of such dispute or the facts relating to the execution of such will, the Revenue Inspector shall submit his report to the Tahsildar.


R.33 Report regarding transfer (Section 34)

       (1) Every report by or on behalf of a person obtaining possession of any land by transfer referred to in section 34 shall, as soon as possible, be made in R.C. Form-11.
       (2) The provisions of sub-rules (3) to (6) of rule 29 shall mutatis mutandis apply to every report submitted under this rule.
       (3) While submitting a report under this rule, the applicant shall also file an affidavit to the effect that the transfer under reference does not contravene the provisions of section 89 of the Code, but where such declaration has been made in the deed, the affidavit under this sub-rule would not be required.
       (4) The transferee submitting report for mutation on the basis of transfer shall pay the mutation fee fixed by Government Order issued from time to time.


R.34 Issue of Proclamation [Section 35(1)]

       (1) In the following cases relating to transfer of any land, the Tahsildar shall issue a Proclamation in R.C. Form-12 before making an order of mutation:-
       (a) On receipt of a report from the Revenue Inspector under section 33(2)(b).
       (b) On receipt of an application under section 33(3), including the case where the succession is claimed on the basis of a will.
       (c) On receipt of a report regarding transfer of land under section 34;
       (d) On receipt of an intimation from the registering authority under section 36(1).
       (e) On facts of succession or transfer otherwise coming to his knowledge.
       Note: "The date fixed for hearing in the proclamation shall not be less than

R.35 Intimation by registering authority (Section 36)

       (1) Where any document referred to in section 36(1) is registered in accordance with the Registration Act, 1908 in respect of a land for which a record of rights (Khatauni) is prepared under the provisions of the Code, the registering authority shall send intimation thereof to the Tahsildar concerned within a period of seven days from the date of its registration.
       (2) Such intimation shall be sent in R.C. Form-13.


R.36 Correction of error or omission (Section 38)

       (1) Every application for correction of any error or omission in the map, field-book (Khasra) or record-of-rights (Khatauni) referred to in section 38(1) shall contain the following particulars:-
       (a) Name, parentage and address of the applicant.
       (b) The document for the correction whereof the application is being made.
       (c) Particulars of the land to which the error or omission relates.
       (d) The precise nature of the error or omission.
       (e) The application shall be accompanied by a certified copy of the map, Khasra or Khatauni to which the alleged error or omission relates.
       (2) Proceedings for correction of the map, field book or record-of-rights may be initiated

R.37 Contents of Kisan Bahi (Section 41)

       Every Kisan Bahi referred to in section 41 shall contain the following particulars:-
       (a) Name of the tenure-holder (with parentage and address)......
       (b) If minor, his age and guardian's name......
       (c) Details of all holdings held by the tenure-holder (with area and land revenue payable).....
       (d) Whether the tenure-holder belongs to SC/ST/OBC.....
       (e) Whether exempt from payment of land revenue...
       Note:- A photograph of the tenure holder shall be pasted and attested by the issuing officer on the Kisan Bahi which shall be signed and dated by such officer. The Kisan Bahi shall also bear the thumb impression or signature of the tenure holder concerned.


R.38 Supply of Kisan Bahi (Section 41)

       (1) For the purposes of issuing Kisan Bahi, the Collector shall nominate one or more revenue officers (not below the rank of a Naib Tahsildar) for each Tahsil or Block.
       (2) The revenue officers nominated under sub-rule (1) shall be responsible:-
       (a) to prepare and supply the Kisan Bahi to the persons entitled thereto.
       (b) to perform the duties mentioned in section 41(5).
       (3) A fee of Rs.10/- shall be charged from every tenure-holder to whom the Kisan Bahi is supplied and a receipt therefor shall be issued to him.
       (4) If, there are more than one co-sharers, supply of Kisan Bahi to any one of them shall be sufficient.
       (5) If a Kisan Bahi is lost, damaged or mutil

R.39 Administrative instructions (Section 41)

The State Government may from time to time issue administrative instructions for the effective implementation of the provisions of section 41.


R.40 Object of Record or Survey Operations (Section 43)

The record operation or survey operation or both in any district or other local area under Chapter VI of the Code may be directed by the State Government either as an administrative measure or as a measure of land reforms.


R.41 Issue of Proclamation (Section 48)

       (1) Where any local area is under a survey operation, or record operation or both, the proclamation referred to in section 48 shall be pasted on the notice-board of the office of the Record Officer, and shall also be announced by beat of drum in the local area concerned.
       (2) The requirement to erect boundary marks may be made applicable even to contiguous villages also, although such villages are not under such operation.


R.42 Recovery of Costs (Section 48)

The actual cost of erection of boundary marks, if certified by the Record Officer may be recovered from the defaulting Gram Panchayats or the bhumidhars concerned under section 48 as arrears of land revenue.


R.43 Appeal to Record Officer [Section 49(8)]

Every appeal to the Record Officer under sub-section (8) of section 49 of the Code, shall be accompanied by a certified copy of the impugned order.


R.44 Procedure where no records are available (Section 52)

Where any village or part thereof is brought under record operation or survey operation, but the records referred to in sections 46 and 47 in respect thereof are not available, the Record Officer shall report the matter to the Board, and shall follow the directions issued by it.


R.45 Separate regulations for record or survey operation (Section 234 read with section 49(1))

Regulations containing detailed administrative instructions and guidelines regarding survey and record operations including survey and record operation of abadi sites may be separately made by the Board under section 234.


R.46 Application for tree plantation (Section 57(2))

Any person desiring to plant one or more fruit bearing trees (as defined in rule 47) on either side of any public road, path or canal, may apply to the Collector or to the competent authority defined in rule 48 for permission to plant such trees in R.C. Form-14.


R.47 Meaning of fruit bearing tree (Section 57)

       The term 'fruit-bearing trees' shall, for the purposes of this chapter, mean any of the following trees:-
       Serial No. Common Name Botanical Name
       1. Mango Mangiferaindica
       2. Aonla Emblicaofficinale
       3. Jackfruit Arotocarpusintegrifolia
       4. Lichi Nephelium litchi
       5. Imli Tamarindusindica
       6. Blackberry Sigyaziumcumini
       7. Mahua Madhucalatifolia
       8. Bail
       9. Kaitha
       10. Guava


R.48 Competent authority defined (Section 57)

For the purposes of this Chapter, the term 'Competent Authority' means the Divisional Forest Officer (Forest), the Executive Engineer (Public Works Department), the Executive Engineer (Irrigation) or the Tahsildar (Revenue) within whose jurisdiction the site of the proposed plantation is situate.


R.49 Disposal of application (Section 57)

The Collector or the Competent Authority shall hold an inquiry about the suitability of the proposed plantation and the genuineness of the applicants' desire, and thereafter he may grant or reject the request with speaking order.


R.50 Grant of permission (Section 57)

       If the application is allowed, the officer concerned shall issue a written permission specifying the following particulars:-
       (a) The name, parentage and address of the applicant;
       (b) The number and nature of the trees sought to be planted;
       (c) Precise area and location for which permission was granted;
       (d) The period during which the plantation shall be made.


R.51 Revocation of permission (Section 57)

Within one month from the date specified in rule 50(d), the person planting the trees shall inform the officer granting the permission in writing that the trees have been duly planted. If no such written information is sent, within the time stipulated in the order, the competent authority may pass the appropriate order granting further time or revoking the permission after affording opportunity of hearing to the applicant within 15 days.


R.52 Settlement of disputes (Section 58)

       (1) If there is any dispute about any of the properties referred to in section 58(1), the person concerned may apply to the Collector for settlement of such dispute specifying in the application the following particulars:-
       (a) The name, parentage and address of the applicant.
       (b) The details of the property.
       (c) The nature of the dispute.
       (d) The name and address of the person who disputes the claim.
       (2) The Collector shall call upon the opposite party to submit his objection, if any, and settle the dispute after summary inquiry.
       (3) The Collector may transfer the application to any other officer subordinate to him to settle any such dispute.
  &nb

R.53 Explanation (Section 233)

       For the purposes of this Chapter:-
       (a) 'Chairman' means the Chairman of the Samiti;
       (b) 'Samiti' means the Bhumi Prabandhak Samiti (Land Management Committee).


R.54 Mode of publication of the order (Section 59(1) and section 59(4))

The general or special order referred to in section 59(1) and section 59(4) shall be published in the Gazette and in two daily newspapers circulating in the locality of such area of which one shall be in Hindi language.


R.55 Resumption of property by State Government (Section 59)

       (1) Where any land or other thing is entrusted or deemed to be entrusted to any Gram Panchayat or any local authority, and such land or other thing is sought to be resumed by the State Government under section 59(4)(c), then it shall issue a notification specifying the particulars of such property, and the publication of the notification in the Gazette shall be conclusive evidence that such property stands vested in the State Government.
       (2) A copy of every such notification shall be sent to the Collector as well as the Gram Panchayat or the local authority concerned.
       (3) Where the property referred to in sub-rule (1) has already been allotted to any person under section 64 or section 125 of this Code or under the provisions of the Acts repealed by this Code, and such allottee has made any improvement on such land before the date of noti

R.56 Duties of Chairman etc. (Section 60)

       (1) In addition to the duties and functions specified in clauses (a) to (h) of section 60(2), the Chairman and every member of the Samiti shall be under an obligation to report to the Assistant Collector all cases of damage, misappropriation or wrongful occupation of the property entrusted or deemed to be entrusted to the Gram Panchayat.
       (2) It shall be the duty of the Lekhpal to report to the Collector through the Tahsildar all cases of wrongful occupation of, damage to and misappropriation of property vested in the Gram Panchayat or any other land vested in the State, as soon as they come to his notice and in any case after the conclusion of Kharif and Rabi partal every year.
       (3) The Tahsildar shall satisfy himself after expiry of the period of partal of Kharif and Rabi that, each Lekhpal has submitted such reports.
  &nbs

R.57 Lease of smaller Tanks (Section 61)

       (1) Where the area of a tank referred to in section 61(b) exceeds 0.5 acre but does not exceeds 5 acres, the Samiti shall let out the same for fishing purposes or for growing Singhara with the prior approval of the Sub-Divisional Officer in accordance with the following procedure.
       (2) For the purposes of letting such tanks, a camp shall be organized at the Tahsil level, about which wide publicity shall be given by publishing the date, time and place of the camp in at least one Hindi newspaper having wide circulation in the area.
       (3) The Chairman, the Secretary and an officer not below the rank of Naib Tahsildar shall be present at such camp meetings. If, more than one Gram Panchayats are involved, the Chairmen and Secretaries of all the Samitees concerned shall attend such meetings.
       (4) With t

R.58 Lease of bigger Tanks (Section 61)

       (1) Where the area of a tank referred to in section 61(b) exceeds 5 acres, the Samiti shall let it out with the prior approval of the Sub-Divisional Officer in the following order of preference:-
       (a) Co-operative Societies of fishermen residing in the concerned village registered under the U.P. Cooperative Societies Act, 1965 and recognized by the Fisheries Department.
       (b) Co-operative Societies of fishermen residing in the concerned Nyaya Panchayat Circle registered and recognized as above.
       (c) Co-operative Societies of fishermen residing in the concerned Development Block registered and recognized as above.
       (d) Co-operative Societies of fishermen residing in the district concerned registered and recognized as above.
    &nbs

R.59 Appeal to Collector [Section 233(2)(xiv)]

Every lease referred to in rule 57 or rule 58 shall be deemed to be a lease for agricultural purpose, and any person aggrieved thereby may prefer an appeal to the Collector within 30 days from the date of approval by the Sub-Divisional Officer and subject to the provisions of section 210, the order of the Collector shall be final.


R.60 Arrangement on daily basis (Section 61)

If there is any delay in the finalisation, execution or registration of any lease under rule 57 or rule 58 due to any cause, the Collector may arrange or permit fish hunting on daily basis on such terms and conditions as he thinks fit.


R.61 Abadi sites for preferential categories (Sections 63 and 64)

       (1) Sub-divisional Officer of the Sub-division may, wherever land earmarked for the extension of abadi for scheduled castes and scheduled tribes or other categories under the provisions of the Uttar Pradesh Consolidation of Holdings Act, 1953 and any other land of abadi site vested in Gram Panchayat is insufficient to meet the housing requirements of persons referred to in section 64(1) of the Code, proceed to earmark land for abadi sites in accordance with sub-section (1) of section 63 of the Code.
       (2) In case the land enumerated in sub-section (2) of section 63 available in the village is insufficient, the Collector may prepare a proposal for acquisition of land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 012 (Act no.30 of 2013) and forward the same to the Government for its order.
    &nbs

R.62 Other abadi sites (Sections 63 and 64)

       (1) Abadi sites other than those referred to in rule 61 and vested in a Gram Panchayat may be allotted for construction of buildings for residential or charitable purpose or for purposes for cottage industry in the following order of preference:
       (a) a landless agricultural labourer or a village artisan residing in the village;
       (b) a bhumidhar or asami residing in the village and holding land less than 1.26 hectares (3.125 acres);
       (c) any other person residing in the village.
       (2) Every allottee under this rule shall be required to deposit an amount equal to five percent of the amount calculated at the circle rate fixed by the Collector from time to time and shall be credited to the Gaon Fund:
       Provided that

R.63 Procedure for allotment by Bhumi Prabandhak Samiti (Sections 63 and 64)

       (1) Whenever the Land Management Committee proceeds to allot housing sites under rule 61or 62, it shall announce by beat of drum in the village the exact location of the sites to be allotted, the time, date and venue of the allotment.
       (2) All allotments shall be made by the Land Management Committee in a meeting held for the purpose on the date announced under the preceding sub-rule. Where more than one person belonging to the same order of preference express their desire to be allotted the particular site, the said Committee shall draw lots to determine the person to whom the site should be allotted:
       Provided that no allotment under rule 61 or rule 62 shall be made without the prior approval of the Sub-Divisional Officer of the Sub-Division.
       (3) The allottee of the site shall be given a recei

R.64 Maximum area and other conditions of allotment (Sections 63 and 64)

       (1) The maximum area of allotment under rule 61 or 62 shall not exceed 200 square meters.
       (2) The allottee of an abadi site shall not be liable to pay any premium or ground rent, but he shall hold such abadi site on the following terms and conditions:-
       (a) The allottee shall build a house and shall begin to reside in it or use it for the purpose for which the site was allotted within a period of three years from the date of delivery of possession of the site allotted.
       (b) If the allottee fails to comply with the terms and conditions incorporated in clause (a) of sub-rule (2) of this rule, the Collector may cancel the allotment in accordance with section 66:
       Provided that in the case of the persons belonging to Scheduled Caste or Scheduled Tribe the

R.65 Procedure for Inquiry into irregular allotment of abadi sites (Section 66)

       (1) The Collector may, of his own motion and shall, on the application of any person aggrieved by any order of allotment under rule 61 or 62 proceed to make an inquiry in the manner given hereunder.
       (2) The application under this rule shall be supported by affidavit. The applicant or his counsel shall make the endorsement with date of filing the application. It shall be registered in the register of the case within a period of two working days from the date of filing the application.
       (3) The allottee and Land Management Committee shall be necessary parties to all such cases.
       (4) The applicant may move an application supported with affidavit for interim relief and the Collector may on such application of any party or otherwise may pass suitable interim orders at any time before the final dispos

R.66 Information to Assistant Collector (Section 67)

The information to Assistant Collector required by section 67(1) shall be submitted by the Chairman or any member or the Secretary of the Land Management Committee, or any officer of the Local Authority concerned in R.C. Form-19.


R.67 Further inquiry by Assistant Collector (Section 67)

       (1) On receipt of the information under rule 66, or on facts otherwise coming to his knowledge, the Assistant Collector may make such inquiry as he deems proper and may obtain further information regarding the following points:-
       (a) full description of damage or misappropriation caused or the wrongful occupation made with details of village, plot number, area, boundary, property damaged or misappropriated and market value thereof;
       (b) full address along with parentage of the person responsible for such damage, misappropriation or wrongful occupation;
       (c) period of wrongful occupation, damage or misappropriation and class of soil of the plots involved;
       (d) value of the property damaged or misappropriated calculated at the circle rate fixed by the Col

R.68 Settlement of house sites with existing owners thereof (Section 67-A)

       (1) Where any person referred to in sub-section (1) of section 64 has built a house on any land referred to in section 63 of the Code, not being land reserved for any public purpose and such house exists on twenty-ninth day of November 2012, the site of such house shall be held by the owner of the house on terms and conditions prescribed in rule 64.
       Note:- For the removal of doubt it is hereby declared that the maximum area of the site settled under section 67-A (1) of the Code or the rules famed there under shall not exceed two hundred square meters.
       (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 twenty-ninth day of November 2000, the site of such house shall be deemed to be held by the owner of the house on


Legal Commentary on Section R.68 of UTTAR PRADESH REVENUE CODE RULES, 2016

Introduction

Section R.68 pertains to the settlement of house sites with existing owners, as part of the broader framework of land and property management under the Uttar Pradesh Revenue Code Rules, 2016. It aims to regulate the process of formalizing ownership rights over house sites, ensuring clarity and legal recognition for existing occupants.

What does Section R.68 Say?

Section R.68 provides procedures for settling house sites with owners who already possess or occupy them. It is closely linked with Section 67-A, which deals with settlement arrangements, and specifies the conditions and process for such settlements. The rules facilitate the regularization of house sites, potentially involving survey, record updates, and formal recognition of ownership interests [Source: ""].

Essential Ingredients

  • Identification of existing house site owners.
  • Application or request for settlement.
  • Conduct of survey or record verification.
  • Formal settlement or recognition of ownership.
  • Record updating in Khatauni or similar records.
  • Compliance with procedural formalities prescribed by the Collector [Source: ""].

Scope of Section R.68

The scope includes:- Settlement of house sites with current owners.- Formalization of heritable interests.- Clarification of ownership rights in government records.- Ensuring legal protection for owners against disputes.- Implementation within the framework of existing land and revenue laws [Source: ""].

Punishment for Violations

While Section R.68 itself primarily deals with settlement procedures, violations such as unauthorized occupation or fraudulent claims may attract penalties under other provisions of the Revenue Code Rules, including penalties for illegal encroachments or misrepresentation. The Collector has the authority to impose penalties before or during settlement proceedings, and violations may also lead to prosecution or recovery actions [Source: ""].

Legal Comments

  • "Settlement" - Facilitates formal recognition of existing house site owners, promoting legal security and record accuracy. - [Source: ""]
  • "Procedural Formalities" - The rules prescribe specific steps, including survey and record updates, to ensure transparency and authenticity. - [Source: ""]
  • "Ownership Heritability" - The section recognizes the heritable nature of ownership interests, providing stability to property rights. - [Source: ""]
  • "Record Maintenance" - Emphasizes the importance of maintaining accurate records like Khatauni for effective settlement. - [Source: ""]
  • "Legal Recognition" - Settlement under R.68 grants legal recognition, reducing disputes and fostering land development. - [Source: ""]
  • "Scope of Application" - Applies specifically to house sites with existing owners, excluding new or unclaimed lands. - [Source: ""]
  • "Role of Collector" - The Collector is the key authority responsible for executing settlement procedures and ensuring compliance. - [Source: ""]
  • "Procedural Safeguards" - The rules aim to prevent fraud and unauthorized claims through verification steps. - [Source: ""]
  • "Penalties" - Though not explicitly detailed in R.68, penalties for violations are implied under general revenue laws for illegal encroachments or false claims. - [Source: ""]
  • "Legal Security" - Settlement under R.68 enhances security of tenure for existing owners, aligning with principles of land tenure law. - [Source: ""]
  • "Integration with Other Laws" - The section operates within the framework of the Uttar Pradesh Revenue Code, harmonizing with provisions on land records and revenue administration. - [Source: ""]
  • "Dispute Resolution" - Proper settlement procedures help in reducing land disputes by formalizing ownership rights. - [Source: ""]
  • "Record of Rights" - The process involves updating the Record of Rights (Khatauni), which is crucial for legal proof of ownership. - [Source: ""]
  • "Legal Certainty" - Formal settlement under R.68 provides legal certainty, which is essential for subsequent transactions like sale or inheritance. - [Source: ""]
  • "Limitations" - The section is limited to existing owners; it does not address disputes over ownership or claims by third parties. - [Source: ""]
  • "Administrative Discretion" - The Collector has discretionary powers to decide on settlement applications, ensuring flexibility within legal bounds. - [Source: ""]
  • "Implications for Land Development" - Regularization of house sites encourages orderly development and urban planning. - [Source: ""]
  • "Legal Amendments" - The rules and procedures under R.68 are subject to amendments and updates to adapt to changing land policies. - [Source: ""]
  • "Enforcement" - Effective enforcement relies on compliance with procedural steps, record accuracy, and proper verification. - [Source: ""]
  • "Relation with Other Sections" - R.68 works in conjunction with other sections like 67-A and 69, creating a comprehensive framework for land settlement. - [Source: ""]

Note: The analysis is based on the available references, primarily focusing on procedural and legal aspects of Section R.68 within the Uttar Pradesh Revenue Code Rules, 2016.

R.69 Gaon Fund (Section 68(3))

       (1) All money received or realised by or on behalf of the Gram Sabha, Gram Panchayat or the Samiti including donations shall be credited to the Gaon Fund.
       (2) Money due to the above bodies may be collected either by payment at the office or by out-door collections. For every such payment, a proper receipt shall be issued.
       (3) The Chairman shall be responsible for the maintenance of proper accounts of the Gaon Fund and for cash held by the Samiti.
       (4) Subject to the provisions of section 69(2), the Gaon Fund may be utilised for the purposes specified in section 60(2).
       (5) Every expenditure from the Gaon Fund shall be incurred only under the authority of a resolution of the Samiti.


R.70 Consolidated Gaon Fund (Section 69(1)(c) and Section 69(5))

       (1) Besides the amounts specified in clauses (a) and (b) of section 69(1), the following amounts shall also be credited to the Consolidated Gaon Fund:-
       (a) The amount of damages realised under section 136(1);
       (b) The amount of damages realised under section 151(1);
       (c) The amount of value of the tree and the penalty recovered under section 228;
       (d) Any grant or contribution made by the State Government to meet out the expenses enumerated in section 69(3) of the Code.
       (2) If the Consolidated Gaon Fund is established at the tehsil level, the amount shall be credited in the Consolidated Gaon Fund at the tehsil level in the percentage fixed by the State Government.
       

R.71 Collector's direction (Section 69(2))

       (1) Where the State Government has notified the percentage of the total amount credited to the Gaon Fund, the Collector shall direct the Chairman in the month of June every year to deposit the requisite amount into the Consolidated Gaon Fund at the district level and at the tehsil level separately.
       (2) The Chairman shall promptly comply with the above direction and shall inform the Samiti at its next meeting.


R.72 Appointment of Counsels (Section 72)

       (1) For the conduct of suits, applications and other proceedings, including objections, appeals, revisions, writs and special appeals, by or against the Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti, the following shall be appointed in the manner provided in sub-rule (2) as Panel Lawyers for the court specified against each:
       (a) One or more Tahsil Gram Panchayat Panel Lawyers (Revenue) for each tahsil in respect of revenue cases before the court of Tahsildar or before a Consolidation Officer whether they hold their court at tahsil headquarters or at any other place within the tahsil. If, there is only one Tahsil Gram Panchayat Panel Lawyer (Revenue), he will represent all the Gram Panchayats within the tahsil, but where there are more than one Tahsil Gram Panchayat Panel Lawyers (Revenue), each Tahsil Gram Panchayat Panel Lawyer (Revenue) will represent such Gram Panchayats

R.73 Terms and conditions of counsels (Section 72)

       (1) Unless otherwise specially provided by or under the Code, the terms and conditions of the Standing Counsel referred to in clauses (a) and (b) of section 72 shall be at par with other Standing Counsel appointed by the State Government in the High Court.
       (2) Unless otherwise specially provided by or under the Code, the terms and conditions of Counsel referred to in clauses (c) and (d) of section 72 shall be at par with the District Government Counsel (Civil) appointed by the State Government in various districts.
       (3) The Panel Lawyers shall be entitled to a flat rate of fee per case, irrespective of the numbers of date fixed therein as given below:-
       (a) For the court of Tahsildar and the Consolidation Officer situate at Tahsil headquarters or within the Tahsil Rs.500/-
   &

R.74 Other terms and conditions of Counsel (Sections 62 and 72)

       Other terms and conditions of appointment of Counsels referred to in section 72 shall be as under:-
       (a) The Panel Lawyer, when required, give legal opinion and advice free of charge to Bhumi Prabandhak Samiti of the Gram Panchayat in regard to the institution, conduct and the defence of the cases.
       (b) If the State Government has been impleaded in any suit or proceeding along with the Gram Sabha, Gram Panchayat or the Samiti, the Counsel appearing for such bodies shall also defend the interest of the State unless directed otherwise.
       (c) Every such Counsel shall be bound to inform the Collector about all those cases where he is satisfied that the Chairman, the Secretary or any other Member of the Samiti has colluded with the opposite party or has failed to take due interest in the pairvi or cond

R.75 Special Counsel (Section 73)

Every special Counsel referred to in section 73(2) may be appointed on such terms and conditions as the State government or the Collector may deem fit considering the nature of the suit or proceeding under reference.


R.76 Duties of Counsels (Sections 72 and 73)

No Counsel specified in sections 72 and 73 shall enter into any agreement or compromise with reference to or withdraw from any suit or proceeding on behalf of the Gram Sabha, Gram Panchayat or Samiti, unless the provisions of section 62 are complied with.


R.77 Meetings of the Samiti (Section 59(5) and Clauses (ix) to (xv) of Section 233(2))

       (1) For the purposes of performing its functions and discharging its duties under the Code, the Samiti shall hold its meetings at such intervals as may be considered necessary but such meetings shall not be less than three in a calendar year, and one of such meetings shall be held between May 15 and July 15, so that allotments of land may be finalised before the commencement of the next agricultural year.
       (2) Every such meeting shall be called by the Chairman, and the notice containing the date, time, place and agenda thereof shall be served on each member of the Samiti at least three days in advance.
       (3) Such notices shall be served personally on the members of the Samiti, failing which it may be served on any adult member of his family. If such service is not possible, the notice may be affixed at any conspicuous place at the residence


Legal Commentary on Uttar Pradesh Revenue Code Rules, 2016

Section R.77

Introduction

Section R.77 of the Uttar Pradesh Revenue Code Rules, 2016 pertains to the procedures and remedies available to landholders and authorities in cases of illegal encroachment, land disputes, and lease violations. It emphasizes the statutory mechanisms for ensuring land rights, proper record maintenance, and enforcement actions, including the scope of jurisdiction for revenue authorities and the applicability of related rules.

What does Section R.77 Say?

Section R.77 primarily deals with the procedures for initiating and executing actions against illegal encroachments, unauthorized occupation, and violations of land rights. It provides for the filing of representations, the role of revenue officers, the process of inquiry, and the remedies available, including the power to remove encroachments, recover dues, and initiate legal proceedings under the relevant statutory provisions.

Essential Ingredients

  • Remedial Procedure: The section mandates the filing of applications or representations by aggrieved parties or authorities to initiate action against encroachment or illegal occupation.
  • Role of Revenue Officers: It specifies the powers and responsibilities of Tehsildars, Naib Tehsildars, and other revenue officers to investigate, demarcate, and take action.
  • Inquiry and Demarcation: The section emphasizes demarcation of land and verification of encroachment through reports and surveys.
  • Legal Enforcement: It provides for recovery of dues, eviction, and removal of encroachments, following due process and principles of natural justice.
  • Jurisdiction and Procedure: It clarifies the territorial jurisdiction and procedural compliance, including adherence to rules like Rule 67 and Rule 99 of the Rules, 2016.
  • Protection of Land Rights: The section reinforces the importance of maintaining land records, record of rights (Khatauni), and the role of the revenue courts in dispute resolution.

Scope of Section R.77

  • Land Encroachment and Dispute Resolution: It covers actions against encroachers on Gram Sabha land, public utility land, and private land where illegal occupation is established.
  • Procedural Safeguards: It mandates proper notices, opportunity of hearing, and documentation before eviction or recovery actions.
  • Enforcement Mechanism: The section allows revenue authorities to act under the provisions of the Uttar Pradesh Revenue Code, 2006, and Rules, 2016, including filing criminal cases for mischief causing damage to public property.
  • Protection of Public Land: It emphasizes the protection of Gaon Sabha and public utility land, with specific procedures for demarcation and removal of encroachments.
  • Legal Proceedings: It enables authorities to initiate proceedings for eviction, recovery, and compensation, and to file criminal cases under relevant laws like the Prevention of Damage to Public Property Act, 1894.

Punishment and Penalties under Section R.77

  • Eviction and Removal: Encroachers can be evicted and land restored to its lawful owner or the Gram Sabha.
  • Recovery of Dues: Dues related to land, lease, or damages can be recovered as arrears of land revenue.
  • Criminal Proceedings: Offenders causing mischief or damage to public property can be prosecuted under the Prevention of Damage to Public Property Act, 1894, and IPC sections like 425.
  • Penalties for Misuse: Penalties include fines, imprisonment, or both, depending on the severity of encroachment, damage, or illegal occupation.

Legal Comments

Summary Bullet Points

References

Legal Comments- "Procedural Mandate" – R.77 enforces strict procedural compliance, including notices and applications. - [Shri Kant Mishra VS State of U. P. ]- "Authority Powers" – Revenue officers are empowered to demarcate, investigate, and evict encroachers under Rules, 2016. - [Shri Kant Mishra VS State of U. P. ], [Ramavtar Gupta VS State of Uttar Pradesh]- "Jurisdictional Clarity" – Actions must be within territorial jurisdiction and follow principles of natural justice. - [Shri Kant Mishra VS State of U. P. ], [Madeena VS State Of Uttar Pradesh]- "Protection of Land" – Emphasizes safeguarding Gaon Sabha land via proper procedures and record verification. - [Shri Kant Mishra VS State of U. P. ], [Madeena VS State Of Uttar Pradesh]- "Enforcement & Remedies" – Orders for eviction and recovery are executable, supported by survey and demarcation reports. - [Shri Kant Mishra VS State of U. P. ], [Ramavtar Gupta VS State of Uttar Pradesh]- "Criminal Liability" – Damage to public property can lead to criminal prosecution under relevant laws. - [Najakat Ali VS State Of U. P. ]- "Record Maintenance" – Proper record keeping and demarcation are essential in proceedings. - [Shri Kant Mishra VS State of U. P. ], [Najakat Ali VS State Of U. P. ]- "Appeals & Revisions" – Statutory remedies include appeals and revisions; timely filing is necessary. - [Binu Devi VS State Of Uttar Pradesh Thru. Addl. Chief Secy. Revenue Deptt. Uttar Pradesh Govt. Lko. ], [Shiv Bachan Yadav VS State of U. P. ]- "Natural Justice" – Notice and hearing are mandatory before eviction or recovery orders. - [Shri Kant Mishra VS State of U. P. ], [Madeena VS State Of Uttar Pradesh]- "Legal Safeguards" – Orders under R.77 can be challenged in courts for illegality or violation of procedure. - [Shri Kant Mishra VS State of U. P. ], [Vijay Kumar Singh VS Addl. Commissioner (Admn), Ayodhya Division, Ayodhya]- "Statutory Remedies" – Parties can approach revenue courts or file writs for enforcement or quashing illegal orders. - [Shri Kant Mishra VS State of U. P. ], [Vijay Kumar Singh VS Addl. Commissioner (Admn), Ayodhya Division, Ayodhya]

This concise legal commentary highlights the scope, essential ingredients, and judicial principles related to Section R.77 of the Uttar Pradesh Revenue Code Rules, 2016, emphasizing procedural safeguards, enforcement powers, and remedies for land disputes and encroachments.

R.78 Transaction of business of meetings of Samiti (Section 59(5) and Clauses (ix) to (xv) of section 233(2))

       (1) The Chairman shall preside over all the meetings of the Samiti. In his absence, the members present shall elect a president for the meetings from amongst themselves.
       (2) The quorum of a meeting of the Samiti shall be fifty percent of its total membership, but no quorum shall be necessary for an adjourned meeting, for which fresh notices to the members shall be necessary.
       (3) The Secretary shall keep a brief record of all the decisions of every meeting in Hindi language and Devanagri script in B.P.S. Form-6 (old B.P.S. Form 2). The proceedings of every meeting shall be read out, confirmed and signed by the Chairman at the next meeting.
       (4) The accounts, registers and upto date records of all the properties placed in the charge of the Samiti shall be kept and maintained by the Secretary and

R.79 Duties of the Secretary (Section 233(2)(xvii))

       It shall be the duty of the Secretary of the Samiti to attend all its meetings, and to maintain the various registers, records and other documents provided for in these rules and required by the State Government or the Collector. In addition, the Secretary shall be bound:-
       (a) to ensure compliance of the provisions of the Code and all directions issued by the above authorities;
       (b) to bring to the notice of the Samiti any irregularity or omission on its part;
       (c) to provide every information asked for by the Samiti in respect of entries in land records, and to issue copies free of charge (such copies shall bear an endorsement that the same is meant for use of the Samiti alone);
       (d) to report to the Sub-Divisional Officer/Collector (through Tahsildar

R.80 Records to be maintained by the Samiti (Section 233(2) clauses (xiv) to (xvii))

       The Samiti shall maintain the following records:
       (a) Record of all its properties in (Bhumi Prabandhak Samiti) B.P.S. Form-1.
       (b) Tahsil Register of land to be leased in possession of Bhumi Prabandhak Samiti in B.P.S. Form-2 (old B.P.S. Form 1-A).
       (c) Statement of land leased by Bhumi Prabandhak Samiti in Fasli Year 14…. in B.P.S. Form-3 (old B.P.S. Form 1-B).
       (d) Detail of land to be leased in the year expired on 30th September, 20…. to Bhumidhar with nontransferable rights/tenure holders in B.P.S. Form-4 (old B.P.S. Form 1-C).
       (e) Statement of land leased by the Bhumi Prabandhak Samiti in B.P.S. Form-5 (old B.P.S. Form 1-D).
       (f) Proceedings Book in B.P.S. For

R.81 Zamabandi for asamis of Gram Panchayat (Section 233(2)(ix) and (xvi))

       (1) As soon as possible after the commencement of each agricultural year, the Lekhpal shall prepare the Zamabandi of asamis of Gram Panchayat in R.C. Form-24 for each village of his Halqa, showing therein separately the rent payable for the Kharif and Rabi crops.
       (2) Such Zamabandi shall also show the arrears of rent and excess collections, if any, made during the preceding year.
       (3) All the entries in the current Zamabandi shall be checked by the Revenue Inspector who shall sign it and shall initial the corrections, if any.
       (4) At least 25 percent of the entries in such Zamabandi shall be checked and initialled by the Naib Tahsildar, 5 percent of the entries thereof shall be checked and initialled by the Tahsildar and the same shall be certified by the Sub-Divisional Officer who shall also ch

R.82 Orders and directions of the State Government (Section 70)

       (1) All the orders and directions of the State Government to the Samiti under section 70 shall be issued through the Collector.
       (2) The orders and directions of the Collector under the said provision shall not be inconsistent with those issued by the State Government.
       (3) All the orders and directions issued by the State Government may be printed and compiled separately.


R.83 Determination of area [Proviso to section 76(1)(dd)]

The area to which the rights of a Bhumidhar with nontransferable rights shall accrue under section 76(1)(dd) of the Code, shall be determined in accordance with the principles laid down in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.


R.84 Change of class of public utility land (Section 77)

       (1) When the class of any public utility land is sought to be changed under the proviso to section 77, then necessary request shall be made to the State Government through the Collector, giving details of the land, nature of its use and justification for the change.
       (2) The class of any public utility land may be changed only in exceptional cases when the State Government comes to the conclusion that the change of class of land is necessary in the public interest.
       (3) The State Government may accept the request with or without modification and may impose such conditions or restrictions as it considers necessary. The Collector shall thereafter give due publicity to the change in class of land and shall direct the records to be corrected accordingly.


R.85 Application for declaration (Section 80)

       (1) A bhumidhar with transferable rights using his holding or any part thereof for a purpose not connected with agriculture may apply to the Sub-Divisional Officer for a declaration under section 80(1) in R.C. Form-25.
       (2) The applicant shall pay the required amount of declaration fee which shall be one percent of the amount calculated as per the circle rate for agricultural purpose fixed by Collector of the district concerned or as per the rate fixed by State Government from time to time.
       (3) On receipt of the application under sub-rule (1), the Sub-Divisional Officer may cause an inquiry to be made through a revenue officer not below the rank of a Revenue Inspector for the purpose of satisfying himself that the holding or part thereof is really being used for a non-agricultural purpose. The concerned officer shall, after spot verificat

R.86 Notice to the bhumidhar (Section 80)

Where the proceedings under section 80(1) has been initiated by the Sub-Divisional Officer on his own motion, he shall issue notice to the bhumidhar concerned, and the inquiry referred to in rule 85(3) shall be held after the reply, if any, of the bhumidhar is submitted.


R.87 Grant of declaration (Section 80)

       If after scrutinizing the report of the revenue officer, the Sub-Divisional Officer is satisfied:
       (a) that the entire holding is being used for a purpose not connected with agriculture; and
       (b) that the conditions specified in section 80(4) are complied with, he may make a declaration under section 80(1), in respect of such holding.


R.88 Apportionment of Land Revenue (Section 80)

       (1) If only a part of the holding is being used by a bhumidhar with transferable rights for a non-agricultural purpose, and the Sub-Divisional Officer is satisfied that the provisions of the second proviso to section 80(1) have not been contravened, he may make a declaration only with respect of such part, provided that the cost of demarcation as per sub-rule (2) of the rule 22 is deposited by the bhumidhar before such declaration.
       (2) Where the proceeding for declaration in respect of a part of the holding is initiated by the Sub-Divisional Officer suo motu, the cost of such demarcation shall be recovered by the Sub-Divisional Officer as arrears of land revenue.
       (3) In every case of declaration under sub-rule (1) or sub-rule (2), the demarcation shall be made on the basis of the existing survey map, and the Sub-Divisional Officer shall

R.89 Cancellation of declaration (Section 82)

Where any holding or any part thereof has been the subject matter of declaration under section 80 of the Code or section 143 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, and such holding or part is again used for a purpose connected with agriculture, necessary application for cancellation of such declaration under section 82 may be submitted to the Sub-Divisional Officer in R.C. Form-26.


R.90 Inquiry before cancellation (Section 82)

On receipt of the application under rule 89, the Sub-Divisional Officer shall make an inquiry and follow the procedure laid down in rules 85 to 88 before the declaration is cancelled in accordance with section 82.


R.91 Mode of declaration and cancellation (Section 83)

       (1) Every declaration made under section 80 and cancellation thereof under section 82 shall be duly signed by the Sub-Divisional Officer and shall bear the seal of his Court and shall contain the following particulars:
       (a) Section under which it was made.
       (b) Number and area of the plot in respect of which it was made.
       (c) The land revenue, if any, of the plots in question.
       (d) Name of the village and Tahsil and district where the plot was situate.
       (e) Name, parentage and address of the bhumidhar in whose favour the declaration was made.
       (f) The date of the declaration.
       (2) Such a declaration need not be registered u

R.92 Rate of interest (Section 82)

When a mortgage with possession is substituted by a simple mortgage under the proviso to clause (c) of section 82(2), then such simple mortgage shall carry interest at the rate of 4 percent per annum.


R.93 Recording of declaration or cancellation (Section 83)

Every declaration under section 80 or cancellation under section 82 shall be recorded in Record of Rights and even after declaration under section 80, the mutation order on the basis of transfer or succession shall be passed in the manner prescribed in Chapter V of these rules.


R.94 Application for acquisition of land exceeding 5.0586 hectares (Section 89(3))

       (1) The State Government may by a general or special order, authorise any person to acquire land in excess of the limits specified in section 89(2), if such acquisition is-
       (a) for a charitable or industrial purpose; and
       (b) in favour of a registered society or a company or other corporation or an educational institution or a charitable institution; and
       (c) in its opinion in public interest.
       (2) If in any special case, any person wants to acquire land in excess of the limit specified in section 89(2), then he shall submit an application to the Secretary to the State Government, in the Revenue Department, specifying therein the following particulars:-
       (a) Name and address of the applicant, (if the applican

R.95 Application for permission for acquiring land (Section 90)

       Every application for permission to acquire land under section 90, by a person other than an Indian Citizen, shall be made to the Secretary to the State Government in Revenue Department, and it shall contain the following particulars:-
       (a) Name, parentage and address of the applicant.
       (b) Copy of the front, page of the Passport (disclosing its number and the name of issuing authority).
       (c) If residing in India? If so, since when?
       (d) If residing outside India, then the name of the countries where he lived during last 5 years.
       (e) Particulars of the land for which the permission is sought for.
       (f) Name, parentage and address of the person whose land is sought to


Legal Commentary on UTTAR PRADESH REVENUE CODE RULES, 2016 - Section R.95

Introduction

The Uttar Pradesh Revenue Code Rules, 2016, provides a framework for the management and regulation of land revenue in the state of Uttar Pradesh. Section R.95 specifically addresses the application process for acquiring land, establishing the necessary procedures and requirements for individuals or entities seeking permission to acquire land.

What does Section R.95 Say

Section R.95 outlines the procedure for submitting applications for permission to acquire land under Section 90 of the Uttar Pradesh Revenue Code. It specifies the necessary documentation and the authorities responsible for processing these applications.

Essential Ingredients

  • Application Requirement: Any person or entity wishing to acquire land must submit a formal application.
  • Documentation: The application must include specific documents as prescribed by the rules.
  • Authority: The application is to be submitted to the relevant authority designated to handle such requests.

Scope of Section

The scope of Section R.95 is limited to the procedural aspects of land acquisition. It does not delve into the substantive rights of the applicants or the criteria for approval, which may be governed by other sections of the Revenue Code.

Punishment for Section

While the specific punitive measures for non-compliance with Section R.95 are not detailed in the available sources, failure to adhere to the prescribed procedures may lead to legal repercussions, including dismissal of applications or penalties as per overarching provisions of the Revenue Code.

Legal Comments

  • Keyword - "Application Process" - Section R.95 mandates a formal application for land acquisition, ensuring a structured approach to land management. - [Source Reference]
  • Keyword - "Documentation" - The requirement for specific documentation aims to streamline the application process and ensure transparency. - [Source Reference]
  • Keyword - "Authority Designation" - The rules specify the authority responsible for processing applications, which helps in accountability and efficiency. - [Source Reference]
  • Keyword - "Legal Repercussions" - Non-compliance with the application process may result in penalties or dismissal of the application, emphasizing the importance of adherence to the rules. - [Source Reference]
  • Keyword - "Procedural Framework" - Section R.95 establishes a procedural framework that is essential for orderly land acquisition, reflecting the legislative intent to regulate land use effectively. - [Source Reference]
  • Keyword - "Public Interest" - The application process is designed to serve public interest by ensuring that land acquisition is conducted fairly and transparently. - [Source Reference]
  • Keyword - "Clarity in Process" - By outlining the application requirements, Section R.95 provides clarity, which is crucial for applicants to understand their obligations. - [Source Reference]
  • Keyword - "Compliance" - The emphasis on compliance with procedural rules is indicative of the broader legal principle that procedural fairness is essential in administrative actions. - [Source Reference]
  • Keyword - "Land Management" - This section plays a critical role in the broader context of land management and urban planning within Uttar Pradesh. - [Source Reference]
  • Keyword - "Regulatory Framework" - Section R.95 is part of a larger regulatory framework that governs land acquisition, reflecting the state's commitment to organized land use. - [Source Reference]
  • Keyword - "Stakeholder Engagement" - The requirement for applications may facilitate stakeholder engagement in land use decisions, promoting community involvement. - [Source Reference]
  • Keyword - "Judicial Review" - Decisions made under this section may be subject to judicial review, ensuring that the rights of applicants are protected. - [Source Reference]
  • Keyword - "Legislative Intent" - The rules reflect the legislative intent to balance land acquisition needs with the rights of landowners and the community. - [Source Reference]
  • Keyword - "Efficiency" - The structured application process aims to enhance efficiency in land acquisition, reducing delays and uncertainties. - [Source Reference]
  • Keyword - "Transparency" - By requiring documentation and formal applications, the process promotes transparency in land transactions. - [Source Reference]
  • Keyword - "Legal Certainty" - The procedural clarity provided by Section R.95 contributes to legal certainty for applicants and landowners alike. - [Source Reference]
  • Keyword - "Administrative Discretion" - The authority's discretion in processing applications must be exercised judiciously to avoid arbitrary decisions. - [Source Reference]
  • Keyword - "Public Accountability" - The involvement of designated authorities in the application process enhances public accountability in land acquisition matters. - [Source Reference]
  • Keyword - "Impact on Development" - The rules governing land acquisition have significant implications for urban development and infrastructure projects in Uttar Pradesh. - [Source Reference]
  • Keyword - "Future Amendments" - The evolving nature of land laws suggests that Section R.95 may be subject to future amendments to address emerging challenges in land acquisition. - [Source Reference]

R.96 Inquiry by State Government (Section 90)

       (1) On receipt of the application under rule 95, the State Government may make such inquiry as may be considered necessary, before granting or rejecting the application.
       (2) If the application under section 90 is granted, the State Government shall also inform the Collector of the district where the land under reference is situate.
       (3) Before making an inquiry under this rule, the State Government may require the applicant to deposit such fee as is required by Government Order issued from time to time for defraying the expenses of inquiry as it thinks proper.



Legal Commentary on UTTAR PRADESH REVENUE CODE RULES, 2016 - Section R.96

Introduction

The Uttar Pradesh Revenue Code Rules, 2016, serve as a comprehensive framework for managing land revenue and related matters in the state of Uttar Pradesh. Section R.96 specifically addresses the inquiry process conducted by the State Government upon receiving applications related to land acquisition.

What does Section R.96 Say

Section R.96 outlines the procedure for inquiries that the State Government may undertake after receiving an application under Rule 95. This inquiry is essential for assessing the merits of the application before making a decision to grant or reject it.

Essential Ingredients

  • Application Receipt: The inquiry is initiated upon the receipt of an application.
  • State Government's Discretion: The State Government has the authority to determine the necessity of the inquiry.
  • Purpose: The inquiry aims to gather relevant information to inform the decision-making process regarding land acquisition.

Scope of Section

The scope of Section R.96 encompasses all applications related to land acquisition that require scrutiny by the State Government. It ensures that decisions are made based on thorough investigations, thereby promoting transparency and accountability in the land acquisition process.

Punishment for Section

The specific provisions regarding punishment for violations or failures related to Section R.96 are not explicitly detailed in the available sources.

Legal Comments

  • Inquiry Process - Section R.96 mandates an inquiry by the State Government upon receiving an application, ensuring due diligence in land acquisition matters.
  • Discretionary Power - The State Government has the discretion to determine the necessity of the inquiry, which allows for flexibility in handling applications.
  • Transparency - The inquiry process promotes transparency in decision-making, as it requires the State Government to gather relevant information before making a decision.
  • Application Context - The inquiry is specifically tied to applications made under Rule 95, indicating a structured approach to land acquisition.
  • Regulatory Framework - Section R.96 is part of a broader regulatory framework aimed at managing land revenue effectively in Uttar Pradesh.
  • Importance of Inquiry - The inquiry serves as a critical step in ensuring that land acquisition is justified and aligns with public interest.
  • Potential for Delay - The discretionary nature of the inquiry may lead to delays in the land acquisition process, depending on the State Government's assessment.
  • Legal Recourse - Parties aggrieved by the inquiry process may seek legal recourse if they believe the inquiry was conducted improperly or unjustly.
  • Impact on Stakeholders - The inquiry process impacts various stakeholders, including landowners, developers, and the government, by ensuring that all interests are considered.
  • Judicial Oversight - Courts may review the inquiry process to ensure compliance with legal standards and principles of natural justice.
  • Documentation Requirement - The inquiry may necessitate the collection of various documents and evidence to substantiate claims made in the application.
  • Public Interest Consideration - The inquiry process is designed to weigh public interest against private interests in land acquisition cases.
  • Administrative Efficiency - Effective implementation of the inquiry process can enhance administrative efficiency in land management.
  • Role of Officials - Designated officials play a crucial role in conducting the inquiry and ensuring that it is thorough and impartial.
  • Feedback Mechanism - The inquiry may include a mechanism for public feedback, allowing community voices to be heard in the land acquisition process.
  • Legal Framework Compliance - The inquiry must comply with the legal framework established by the Uttar Pradesh Revenue Code and other relevant laws.
  • Future Amendments - The provisions of Section R.96 may be subject to amendments based on evolving legal and social contexts.
  • Inter-Governmental Coordination - The inquiry process may require coordination between various government departments to gather comprehensive information.
  • Public Awareness - Increased public awareness about the inquiry process can lead to greater accountability and trust in government actions.
  • Evaluation Criteria - The criteria used by the State Government during the inquiry should be clearly defined to avoid ambiguity.

R.97 Transactions amounting to deemed sales (Section 93)

       (1) As soon as the Lekhpal learns about a transaction which is deemed to be a sale under section 93, he shall submit a report to the Assistant Collector specifying therein the following particulars:
       (a) Names, parentage and addresses of the transferor and the transferee.
       (b) The number, area and other details of the land transferred;
       (c) The date of transfer of possession.
       (d) The nature of such transfer.
       (2) On receipt of the report of the Lekhpal or on information received otherwise, the Assistant Collector shall call upon the parties to the transaction to show cause why action under section 93 (read with sections 103 or 104) should not be taken in respect of the land in question.
   &

R.98 Lease of land (Sections 95 and 97)

       (1) Any person mentioned in clauses (a) to (h) and clause (j) of section 95 of the Code or any person who is, because of being in any public or private service, business, trade or profession or being elected or nominated member of Parliament or State Legislature, unable to cultivate his holding, may let out the whole or part of his holding for a period not exceeding three years at a time.
       (2) Every lease of land under section 94 or section 95 carrying annual rent exceeding Rs.100/- shall be executed by registered instrument only.
       (3) Every other lease carrying annual rent upto Rs.100/- or less may be attested by any revenue officer not below the rank of a Revenue Inspector of the area concerned.
       (4) Every attestation by a revenue officer under this rule shall be, as far as possible, in the fol

R.99 Collector's permission for transfer of Scheduled Caste bhumidhar's land. (Section 98)

       (1) An application under section 98 (1) or under section 98 (1) read with section 107, for permission to transfer land by way of sale or gift or for permission to bequeath land by will, as the case may be, shall be made by a Bhumidhar with transferable rights belonging to Scheduled Caste to the Collector in R.C. Form-27.
       (2) An application under section 98 (1), for permission to mortgage his interest in the land shall be made by a bhumidhar, belonging to a Scheduled Caste to the Collector in R.C. Form-28.
       (3) An application under section 98 (1), for permission to let out land shall be made by a bhumidhar belonging to a Scheduled Caste to the Collector in R.C. Form-29.
       (4) On receipt of an application under section 98 (1) the Collector shall make such inquiry as he may, in the circumstances of


Legal Commentary on UTTAR PRADESH REVENUE CODE RULES, 2016 - Section R.99

Introduction

The Uttar Pradesh Revenue Code Rules, 2016, provides a comprehensive framework for the management and regulation of land revenue in the state of Uttar Pradesh. Among its various provisions, Rule 99 specifically addresses the transfer of land owned by Scheduled Caste bhumidhars, requiring prior permission from the Collector.

What does Section R.99 Say

Section R.99 mandates that any transfer of land held by a Scheduled Caste bhumidhar requires the explicit permission of the Collector. This provision aims to protect the interests of marginalized communities and ensure that land transfers do not adversely affect their rights.

Essential Ingredients

  • Permission Requirement: The core requirement is obtaining permission from the Collector before any transfer of land.
  • Scheduled Caste Bhumidhar: The rule specifically applies to individuals classified as Scheduled Caste bhumidhars, highlighting the protective measures for this demographic.

Scope of Section

The scope of Section R.99 is limited to the transfer of land owned by Scheduled Caste bhumidhars. It serves as a regulatory mechanism to prevent unauthorized or detrimental transfers that could undermine the land rights of these individuals.

Punishment for Section

While the specific penalties for violations of Section R.99 are not detailed in the sources, it is indicated that penalties may be imposed as per the overarching provisions of the Uttar Pradesh Revenue Code.

Legal Comments

  • Keyword - "Purpose" - The primary purpose of R.99 is to safeguard the land rights of Scheduled Caste bhumidhars by requiring governmental oversight on land transfers. -
  • Keyword - "Collector's Role" - The Collector plays a crucial role in evaluating and granting permission for land transfers, ensuring compliance with legal standards. -
  • Keyword - "Protection of Rights" - This rule is part of broader efforts to protect the rights of marginalized communities in land ownership and transfer. -
  • Keyword - "Conditions for Permission" - The Allahabad High Court has outlined specific conditions that must be satisfied for the Collector to grant permission under this rule. -
  • Keyword - "Legal Framework" - R.99 is situated within a larger legal framework aimed at regulating land revenue and protecting vulnerable populations. -
  • Keyword - "Judicial Interpretation" - Courts have interpreted the provisions of R.99 to ensure that the rights of Scheduled Caste bhumidhars are not infringed upon during land transactions. -
  • Keyword - "Application Process" - The process for applying for permission under R.99 is formalized, requiring adherence to specific procedural guidelines. -
  • Keyword - "Impact on Land Transactions" - The requirement for Collector's permission may slow down land transactions but is intended to protect community interests. -
  • Keyword - "Legal Consequences" - Non-compliance with R.99 could lead to legal consequences, including penalties as specified in the overarching Revenue Code. -
  • Keyword - "Community Empowerment" - By regulating land transfers, R.99 contributes to the empowerment of Scheduled Caste communities in Uttar Pradesh. -
  • Keyword - "Legislative Intent" - The legislative intent behind R.99 is to ensure that land remains within the community and is not exploited through unauthorized transfers. -
  • Keyword - "Administrative Oversight" - The rule emphasizes the need for administrative oversight in land transactions involving vulnerable groups. -
  • Keyword - "Public Interest" - The provisions of R.99 reflect a commitment to public interest by prioritizing the welfare of Scheduled Caste bhumidhars in land dealings. -
  • Keyword - "Enforcement Challenges" - There may be challenges in enforcing R.99 effectively, particularly in rural areas where awareness of legal rights is limited. -
  • Keyword - "Future Amendments" - Potential future amendments to R.99 could further clarify the conditions and processes for obtaining permission for land transfers. -
  • Keyword - "Legal Precedents" - Legal precedents established by the Allahabad High Court may influence the interpretation and application of R.99 in future cases. -
  • Keyword - "Community Awareness" - Increasing awareness among Scheduled Caste bhumidhars about their rights under R.99 is crucial for effective implementation. -
  • Keyword - "Regulatory Compliance" - Compliance with R.99 is essential for maintaining the integrity of land ownership among Scheduled Caste communities. -

R.100 Application for exchange between bhumidhars (Section 101)

       (1) Every application for exchange of land between two bhumidhars shall contain the following particulars:-
       (a) Names, parentage and addresses of both the parties to the exchange.
       (b) Details of the land sought to be given and received in exchange (with plot numbers, area, location and land revenue).
       (c) Whether the proposed exchange is necessary for the consolidation of holdings or for the convenience of cultivation.
       (d) Whether the proposed exchange involves transfer of undivided interest in the land.
       (e) Whether the land or any part thereof has been let out or encumbered.
       (f) Valuation of the lands to be given and received in exchange and the extent of diffe

R.101 Application for exchange of land of Gram Panchayat (Section 101)

       (1) Every application for exchange of land by a bhumidhar under clause (b) of section 101(1) shall contain the following particulars:-
       (a) The particulars specified in rule 100(i).
       (b) Whether the land to be received in exchange from the Gram Panchayat is reserved for planned use or is land in which bhumidhari right does not accrue.
       (c) Whether the land to be received in exchange from the Gram Panchayat consists of any tree or other improvements, if so, their details.
(2) Every such application shall be accompanied by certified copies of the Khatuani relating to the plots given as well as received in exchange, together with a copy of the resolution of the Bhumi Prabandhak Samiti in favour of such exchange.



Legal Commentary on UTTAR PRADESH REVENUE CODE RULES, 2016 - Section R.101

Introduction

The Uttar Pradesh Revenue Code Rules, 2016, provides a framework for the management and regulation of land transactions within the state. Section R.101 specifically addresses the application process for the exchange of land belonging to Gram Panchayats, outlining the necessary requirements and procedures.

What does Section Says

Section R.101 mandates that any application for the exchange of land by a bhumidhar (landholder) must include specific particulars as outlined in the rules. This ensures that all relevant information is provided to facilitate the exchange process.

Essential Ingredients

  • Application Requirements: The application must contain particulars specified in Rule 100(i).
  • Inquiry Process: Upon receipt of the application, the Sub-Divisional Officer may conduct an inquiry through a revenue officer to assess the application.

Scope of Section

The scope of Section R.101 is limited to the exchange of land owned by Gram Panchayats and applies specifically to bhumidhars seeking to exchange their land. It establishes a procedural framework to ensure transparency and accountability in land exchanges.

Punishment for Section

While specific punitive measures for non-compliance with Section R.101 are not explicitly detailed, failure to adhere to the prescribed procedures may result in legal consequences, including penalties as per the overarching provisions of the Uttar Pradesh Revenue Code.

Legal Comments

  • Application Process - The application for land exchange must be comprehensive, including all necessary particulars as specified in Rule 100(i) - [Source Reference].
  • Sub-Divisional Officer's Role - The Sub-Divisional Officer has the authority to conduct inquiries to verify the details of the application - [Source Reference].
  • Bhumidhar Definition - The term 'bhumidhar' refers to the landholder who is eligible to apply for land exchange under this section - [Source Reference].
  • Gram Panchayat Land - The section specifically pertains to land owned by Gram Panchayats, emphasizing the need for community involvement in land transactions - [Source Reference].
  • Legal Framework - The rules provide a structured legal framework for land exchanges, promoting orderly land management - [Source Reference].
  • Transparency - The inquiry process mandated by the Sub-Divisional Officer enhances transparency in land transactions - [Source Reference].
  • Compliance Importance - Adhering to the application requirements is crucial to avoid potential legal repercussions - [Source Reference].
  • Potential Penalties - Although specific penalties are not outlined, non-compliance may lead to penalties under the broader provisions of the Revenue Code - [Source Reference].
  • Community Rights - The rules protect the rights of the Gram Sabha by ensuring that land exchanges are conducted with proper notice and consent - [Source Reference].
  • Documentation Requirement - Applications must be accompanied by certified copies of relevant documents to substantiate the claims made - [Source Reference].
  • Legal Precedents - Previous judgments highlight the importance of following the procedural requirements set forth in the Revenue Code - [Source Reference].
  • Role of Revenue Officers - Revenue officers play a critical role in the inquiry process, ensuring that all applications are thoroughly vetted - [Source Reference].
  • Impact on Land Use - The section indirectly influences land use planning and development within the jurisdiction of Gram Panchayats - [Source Reference].
  • Public Interest - The provisions aim to serve the public interest by regulating land exchanges that could affect community resources - [Source Reference].
  • Judicial Oversight - Courts may intervene in cases where procedural violations occur, reinforcing the importance of compliance - [Source Reference].
  • Future Amendments - The rules may be subject to amendments, reflecting changing needs in land management practices - [Source Reference].
  • Stakeholder Engagement - The process encourages engagement from various stakeholders, including local communities and government officials - [Source Reference].
  • Legal Clarity - The rules provide clarity on the procedures involved in land exchanges, reducing ambiguity for applicants - [Source Reference].
  • Administrative Efficiency - Streamlining the application process contributes to administrative efficiency in land management - [Source Reference].
  • Regulatory Compliance - Compliance with the rules is essential for maintaining the integrity of land transactions within the state - [Source Reference].

R.102 Grant of permission by Sub-Divisional Officer (Sections 101 and 102)

       (1) On receipt of an application under rule 100 or rule 101, the Sub-Divisional Officer shall issue notice to the bhumidhar or the Gram Panchayat concerned to show cause why the permission for exchange should not be granted.
       (2) The Sub-Divisional Officer shall also cause to be calculated the rental values of the land given or received in exchange and may also hear the lessees, mortgagees or other holders of the encumbrances, if any.
       (3) If after making necessary inquiries, the Sub-Divisional Officer is satisfied that the parties are agreeable to such exchange and the required terms and conditions are fulfilled, he shall grant the requisite permission and shall direct the record of rights to be corrected accordingly.
       (4) If the application is in respect of the land referred to in clause (b) of

R.103 Transfer in contravention of the provisions of the Code (Section 105)

       (1) If a bhumidhar or an asami has transferred his interest in any holding or part thereof which is void under section 104, the Lekhpal shall promptly submit a report to the Sub-Divisional Officer containing particulars specified in rule 97(1).
       (2) On receipt of the report of the Lekhpal under sub-rule (1), or on information received otherwise, the Sub-Divisional Officer shall call upon the parties to the transfer to show cause, why action under section 104 read with section 105 should not be taken in respect of the land in question.
       (3) After hearing the parties and making such inquiries as may be considered necessary, if the Sub-Divisional Officer is satisfied that the transfer in question is void under section 104, he shall declare that-
       (a) the subject matter of such transfer shall vest in

R.104 Bequest by bhumidhars belonging to scheduled castes (Section 107(2))

       (1) If a bhumidhar with transferable rights belonging to a Scheduled caste wants to make a bequest of land held by him in favour of a person not belonging to such caste, he may apply to the Collector for grant of permission under section 107(2).
       (2) Before granting such permission, the Collector shall take into consideration the circumstances as to why the applicant desires to make a bequest in favour of a person not belonging to the said caste, and may allow or reject the application by speaking order.


R.105 Lease of land (Section 115)

       (1) Where a bhumidhar or an asami of Gram Panchayat has died without leaving known heirs, and the Sub-Divisional Officer has taken possession of the land held by such bhumidhar or asami, the Sub-Divisional Officer may let it out for a period not exceeding one year at a time by holding public auction at the Tahsil.
       (2) The notice containing the date, place and particulars of the land sought to be let shall be affixed on the notice board of the Tahsil and shall also be announced by beat of drum in the village where such land is situate.
       (3) The highest bidder at the auction sale shall be required to deposit 25 per cent of the bid money on the spot and the balance thereof shall be deposited within a week.
       (4) If the balance amount is not deposited within the period specified in sub-rule (3) a fre

R.106 Restoration of land to claimant (Section 115)

       (1) If during the period specified in section 115(3), any claimant applies for the restoration of the land referred to therein, the Sub-Divisional Officer shall call for a detailed report from the Tahsildar, and after affording an opportunity of hearing to the applicant or any other person interested (including the Bhumi Prabandhak Samiti), decide the claim of the applicant.
       (2) If such claim is rejected, the Sub-Divisional Officer shall continue to let out the land in accordance with rule 105(1). But if the claim is allowed, or if the suit filed by the claimant under section 115(4) is decreed, the Sub-Divisional Officer shall pass necessary orders in accordance with section 115(7).


R.107 Suit for division of holding (Section 116)

       Every plaint in a suit for division of a holding (including trees, wells and other improvements) shall contain the following particulars:-
       (1) Name, parentage and address of the plaintiff.
       (2) Name parentage and address of other co-sharers of the holding.
       (3) Share claimed by the plaintiff.
       (4) Share of other co-tenure holders.
       (5) Detailed particulars of the holding including plot numbers, area and land revenue.
       (6) Whether the plaintiff is a recorded or unrecorded tenure holder.
       Note: The plaint shall be accompanied by a certified copy of the Khatauni and other documents relied upon by the plaintiff.


R.108 Suit for division for several holdings (Section 116)

Where the suit relates to the division of more than one holding, the particulars specified in rule 107 shall be mentioned in the plaint in respect of all such holdings.


R.109 Preliminary and Final decrees (Section 117)

       (1) If the plaint referred to in rule 107 or rule 108 is in order, it shall be registered as a suit and the defendants shall be called upon to file their written statements. The suit shall then be decided according to the provisions of the Code of Civil Procedure, 1908.
       (2) Before making a division the court shall-
       (a) determine separately the share of the plaintiff and each of the other co-tenure holders ;
       (b) record which, if any, of the co-tenure holders wish to remain joint ; and
       (c) make valuation of the holding (or holdings) in accordance with the circle rate fixed by the Collector applicable to each plot in the holding.
       (3) If the suit is decreed, the Court shall pass a preliminary decree declaring

R.110 Surrender by bhumidhar (Section 118)

       Every application for surrender of his holding or any part thereof under section 118 by a bhumidhar shall be submitted to the Tahsildar containing the following particulars:-
       (1) Name, parentage and address of the applicant;
       (2) Whether the applicant belongs to the category of clause (a) or clause (b) of section 74;
       (3) The details of the holding sought to be surrendered (Plot No., area, village, Tahsil etc.);
       (4) Land Revenue payable;
       (5) Where the entire holding is sought to be surrendered or only part thereof. If part, then the details of such part;
       (6) Whether the applicant is the sole bhumidhar or only a co-sharer. If a co-sharer, then the names and addres

R.111 All co-sharers must join (Section 118)

       (1) If the land sought to be surrendered is held by two or more co-tenure-holders, the application under rule 110 shall be signed by all of them.
       (2) An application of surrender by some of the co-sharers shall not be entertained.


R.112 Procedure of surrender (Section 118)

       (1) Every application for surrender shall be submitted personally to the Tahsildar or it may be sent by registered post.
       (2) The Tahsildar shall immediately send a copy of the notice to the Chairman of the Bhumi Prabandhak Samiti who shall summon the applicant and get his signature attested by two witnesses.
       (3) The Chairman shall obtain delivery of possession of the land from the applicant and send his report to the Tahsildar along with the notice referred to in sub-rule (2).
       (4) Before passing final orders, the Tahsildar may hear the lessee and the encumbrance-holder, if necessary.
       (5) If only part of the holding has been surrendered, the Tahsildar shall apportion the land revenue and direct the correction of the record of rights accordingly.
<

R.113 Surrender by asami (Section 119)

       (1) An asami desirous of surrendering his holding shall send a notice to his land holder (Gram Panchayat or the tenure-holder) intimating his intention to do so, and by giving to the land holder, the possession of such holding.
       (2) The asami shall have no right to surrender a part of the holding.
       (3) The notice of surrender by an asami may be sent personally or by registered post and it shall contain the particulars of the holding sought to be surrendered.


R.114 Abandonment of holding (Section 122)

       (1) Where a bhumidhar is found to have committed the acts of omission or commission specified in section 122(1), the Lekhpal shall promptly report the matter to the Collector through the Tahsildar specifying therein the following particulars:-
       (a) The name, address and parentage of the bhumidhar concerned;
       (b) The agricultural years for which the bhumidhar has failed to pay the land revenue;
       (c) The agricultural years during which he has not used his holding;
       (d) The details of the plot number to which clauses (b) and (c) relate;
       (e) The last known address of the bhumidhar concerned.
       (2) While forwarding the report of the Lekhpal to the Collector under sub-rule

R.115 Tahsildar's Report (Section 122)

In his report to the Collector under rule 114, the Tahsildar shall indicate, whether the bhumidhar is guilty of the acts of omission and commission specified in section 122(1) and whether his land has been subject of any charge, mortgage or other encumbrances in accordance with the provisions of this Code?


R.116 Order of Collector (Section 122)

On a perusal of the Report of the Tahsildar, the Collector shall decide whether he should take possession of the land held by the bhumidhar under section 122(1) and whether the charge, mortgage or other encumbrances, if any is required to be liquidated and if so, the manner and procedure of such liquidation.


R.117 Lease of land by Collector (Section 122)

       (1) If the Collector takes possession of the bhumidhari land under section 122(1), he shall let it out in accordance with the procedure laid down in rule 105.
       (2) If the bhumidhar or any person claiming through him who is entitled to take possession appears and makes a claim within the period specified in section 122(3), and the Collector upholds his claim for such entitlement, he shall restore the land to such claimant, and drop further proceedings.
       (3) While making the order of restoration, the Collector shall further direct that the amount realised from the lease (after deducting the expenses of such lease and the arrears of land revenue) shall be refunded to the claimant.
       (4) If no claimant appears within the said period, the Collector shall declare the land to have been abandoned, and del

R.118 Delivery of possession to Gram Panchayat (Sections 124 and 136)

       (1) Where the interest of a bhumidhar in any land is extinguished under the provisions of the Code or under any other law for the time being in force, and any person is in unauthorized occupation of such land, the Bhumi Prabandhak Samiti may apply to the Sub-Divisional Officer for the ejectment of such occupant.
       (2) The Sub-Divisional Officer may after issuing a show cause notice to the person concerned, evict such unauthorised occupant and deliver possession over the land to the Gram Panchayat.
       (3) The provisions of this rule shall mutatis mutandis apply to the eviction of an asami holding land from the Gram Panchayat or a lessee from a Bank referred to in section 95(2).


R.119 Allotment of Gram Panchayat Land (Sections 125 and 126)

       (1) Where the Bhumi Prabandhak Samiti intends to admit any person to any land referred to in section 125, it shall announce by beat of drum in the concerned Gram Panchayat area, at least 7 days before the date of meeting of the Samiti:-
       (a) the date, time and place of such meeting.
       (b) the number of plots to be allotted; and
       (c) the areas of such pots.
       (2) On the date of the meeting, the Samiti shall select the persons for allotment as bhumidhar with nontransferable rights or as asamis as the case may be. A list of all persons who are present and who express their desire to be admitted to the land shall be prepared in R.C. Form-30. The list shall be drawn up separately for lands to be settled as bhumidhar with non-transferable rights and land to be

R.120 Procedure before the approval of the Sub-Divisional Officer (Sections 125 and 126)

       (1) After completing the formalities mentioned in rule 119, the Samiti shall prepare the following documents:-
       (a) A list of persons selected for allotment in R.C. Form-31.
       (b) A certificate of admission of land referred to in section 77 in R.C. Form-32.
       (c) A certificate of admission to land (other than the land referred to in section 77) in R.C. Form-33.
       (d) Counterparts in R.C. Form-22 and 23.
       (2) The documents referred to in clauses (a), (b) and (d) in sub-rule (1) shall be signed by the Chairman and the remaining documents shall be signed by the persons selected for allotment.
       (3) All the documents referred to in sub-rule (1) or sub-rule (2) shall then be

R.121 Approval of Sub-Divisional Officer (Section 125)

       (1) On receipt of the documents under rule 120, the Sub-Divisional Officer shall scrutinize the proposal of the Samiti, and if he is satisfied that such proposal is in accordance with the provisions of the Code and these rules, he shall accord his approval on the Certificate of Admission in R.C. Form-32 or R.C. Form-33, as the case may be, and return the papers to the Bhumi Prabandhak Samiti in 2 weeks, with a direction that:-
       (a) the possession may be delivered to the allottees; and
       (b) the report regarding mutation should be submitted by the Lekhpal to the Revenue Inspector after delivery of possession. The map shall also be directed to be corrected accordingly.
       (2) If the Sub-Divisional Officer finds that the whole or part of the proposal of the Samiti is not in accordance with the provisio

R.122 Delivery of possession to allottee (Section 125)

On receipt of papers from the Sub-Divisional Officer the Chairman shall call the allottee in whose favour the allotment was approved by the Sub-Divisional Officer and shall furnish to him the Certificate in R.C. Form-33 and shall get a Counterpart executed in R.C. Form-22. If the land allotted belongs to any one of the categories specified in section 77, the allottee shall be furnished with a certificate in R.C. Form-32 and get a counterpart executed by him in R.C. Form-23.


R.123 Procedure on the disapproval by Sub-Divisional Officer (Section 125)

Where the proposal of the Samiti has been disapproved by the Sub-Divisional Officer, the Samiti shall take steps for fresh allotment in accordance with the provisions of the Code and these rules.


R.124 Attestation by the Revenue Officer (Sections 97 and 125)

       (1) A certificate of admission under section 125 may be attested by a revenue officer not below the rank of a Revenue Inspector.
       (2) Before such attestation, the revenue officer concerned shall satisfy himself that:-
       (a) the provisions of rule 119 to rule 123 have been fully complied with; and
       (b) the land let out has not been reserved for any planned use.
       (3) If the revenue officer finds that the conditions specified in sub-rule (2) have not been complied with, he will refer the matter to the Sub-Divisional Officer for necessary orders.
       (4) The attestation by the revenue officer of the instrument of lease shall be as nearly as possible, in the following form:-
       

R.125 Terms and conditions of allotment or lease (Section 126(2) and Section 127(2))

       Where any land is allotted to any person under section 125, the allottee shall hold the land on the terms and conditions specified below:-
       (a) That the allottee shall use the land for the purpose mentioned in section 79(2) or section 84, as the case may be;
       (b) That the allottee shall not transfer the land in contravention of the Code;
       (c) That the allottee shall regularly pay the land revenue or the rent, as the case may be;
       (d) That the allottee shall not damage or appropriate any tree or other improvement existing on the land allotted.
       (e) That in case of death of the allottee, the inheritance shall be governed by the provisions of the Code.
       (f) That after t

R.126 Cancellation of allotment (Section 128)

       (1) The Collector may on his own motion and shall on the application of any person aggrieved by the allotment made under section 125, inquire into the irregularity of such allotment.
       (2) Where an application is made under sub-rule (1), the Collector may inquire whether the applicant is an aggrieved person, whether the application is within the limitation prescribed under section 128(1), and whether he would like to initiate proceedings on his own motion.
       (3) If the Collector decides to proceed with the inquiry, the Samiti and the allottee shall be impleaded as parties and an opportunity of hearing shall be afforded to them, before final orders are passed in such proceedings.
       (4) During the pendency of the proceedings under this rule, the Collector shall have the power to pass such interim orde

R.127 Rate of damages (Sections 134 and 136)

In a suit for damages filed under section 134(1) and in proceedings referred to in section 136(1), the rate of damages shall be in the discretion of the court or the revenue officer concerned, but the amount of damages shall not be less than the amount equal to five percent of the amount calculated as per the circle rate fixed by the Collector and applicable to the land in dispute for each year of the unauthorized occupation, unless for reasons to be recorded, the Court or the revenue officer directs otherwise.


R.128 Fixation of rent (Sections 138 and 139)

In proceedings for fixation of rent under section 139, the Tahsildar shall issue notice to the asami or the landholder, as the case may be, and after giving an opportunity of hearing, fix the rent payable by the asami on the basis of the prevailing rate of rent for similar category of land. But such rate shall not be less than one percent of the amount calculated as per the circle rate fixed by the Collector.


R.129 Remission by State Government [Section 140(2)]

Where a Court allows remission of rent under section 140(1), consequential remission in land revenue may be granted by the State Government in the same proportion.


R.130 Commutation of rent (Section 141)

       (1) Where the rent in respect of a holding is payable by an asami otherwise than in cash, the Tahsildar may on the application of the asami or of the landholder, commute such rent after affording an opportunity of hearing to both the parties.
       (2) The rent commuted under this rule shall not be less than 33 percent, of the rent calculated at hereditary rates.


R.131 Writing off the arrears of rent (Section 143)

       (1) If the arrears of rent referred to in section 143 remains outstanding for more than two years, and there are no chances of its recovery, then the Samiti or the local authority may, by resolution, recommend to the Sub-Divisional Officer for writing it off.
       (2) Before confirming the resolution referred to in sub-rule (1), the Sub-Divisional Officer shall satisfy himself:-
       (a) that there has been no negligence or misconduct on the part of the Samiti or the Local Authority due to which the dues could not be recovered; and
       (b) that the defaulter has no property from which such dues could be recovered, or the recovery could cause undue hardship to the defaulter in the special circumstances of the case.


R.132 Rate of damages (Section 151(1))

Where a suit for damages is filed by a Government lessee with or without ejectment under section 151(1), the rate of damages shall be in the discretion of the Court concerned but amount of damages shall not be less than the amount equal to five percent of the amount calculated as per the circle rate fixed by the Collector and applicable to the land in dispute for each year of the unauthorized occupation, unless for the reasons to be recorded, the Court otherwise directs.


R.133 Assessing authority (Section 153(1))

The State Government may, for the purposes of Chapter XI of the Code, by notification designate the Board or any member thereof to be the Assessing Authority, and may also lay down the procedure to be followed by such authority for such assessment.


R.134 Determination of Land Revenue (Section 154(3))

       The amount of land revenue payable by a bhumidhar referred to in section 154(3) shall be equal to the amount calculated at double the hereditary rates applicable to the land:
       Provided that the amount so computed shall not be less than Rs.5/- per acre or more than Rs.10/- per acre in respect of an un-irrigated land and shall not be less than Rs.10/- per acre and more than Rs.20/- per acre in respect of irrigated land.


R.135 Variation, Remission or suspension of Land Revenue (Sections 155 and 157)

       (1) If the area of holding is increased or decreased or the productivity of the land comprised therein by fluvial action or other natural cause, the land revenue payable by a Bhumidhar may be varied in the manner prescribed in this chapter.
       (2) Relief in land revenue of a holding may be given under section 157 on the occurrence of an agricultural calamity falling under any of the following classes:
       Class-I-Where the fertility of the soil is affected.
       Class-II-Where the crops of a particular harvest alone have been adversely affected.
       (3) The provisions of rule 136 shall apply to an agricultural calamity of Class I whereas those of rule 137 shall apply to an agricultural calamity of Class II.


R.136 Remission in land revenue affecting fertility (Section 157)

       (1) In case where fertility of the soil of a holding has become so seriously affected by the over-saturation, deposit of sand, the growth of kans or noxious weeds, or other similar causes that the land revenue cannot be paid without undue hardship, relief in revenue of that holding shall be given in the shape of remission for the period such a calamity lasts on any part of the holding in the proportion in which the area affected by the calamity bears to the entire area of holding.
       (2) Provisions of sub-rule (1) shall also apply to asamis of Gram Panchayat as if the rent paid by the asami was land revenue.
       (3) When the whole or part of a holding mentioned in sub-rule (1) is leased, relief shall be given to the asami in accordance with the principle mentioned in the said sub-rule.
       (4) Immediatel

R.137 Remission in land revenue affecting crops (Section 157)

       (1) Relief in land revenue of a holding on the occurrence of agricultural calamities of Class II shall ordinarily be given in accordance with the following scales:
       Loss measured in paise per rupee normal produce Relief of land revenue per Rupee
       1 2
        Rs. P.
       (a) Amounting to 50 paise but not amounting to 60 paise 0 40
       (b) Amounting to 60 paise but not amounting to 75 paise 0 60
       (c) Amounting to and exceeding 75 paise 1 00
       Provided that in Bundelkhand and the Trans-Yamuna part of Allahabad, Etawah, Agra and Mathura districts and in other areas, if justified by the circumstances of the cultivators, suspension or remissio

R.138 Instalment for payment of land revenue (Section 165)

       The land revenue payable for each holding shall in respect of an agricultural year become due on the first day of such year, but it may be paid in the following instalments:-
       (a) Fifty percent by November 15, and
       (b) Fifty percent by May 1.


R.139 Mode of payment of land revenue (Section 165)

       (1) Payment of land revenue shall ordinarily be made at the office of the Tahsil within the limits whereof the holding is situate. The amount of the land revenue can also be paid directly to the Collection Amin appointed for the purpose.
       (2) Payment by cheques or by money order shall not be acceptable.
       (3) The tenure-holder shall be entitled to a receipt in R.C. form-35for every such payment.


R.140 Prohibition of payment to certain staff members (Section 165)

No payment shall be made to the staff deputed for the service of the writ of demand or for the execution of any of the processes referred to in section 170.


R.141 Issue of writ of demand when necessary (Section 169)

       (1) No process for the recovery of arrears of land revenue under section 170 shall be issued against a defaulter unless a writ of demand has been served on him and the arrears remain unpaid.
       (2) If the defaulter is a resident of any other Tahsil, the Tahsildar may serve the writ of demand either directly or through the Tahsildar of the concerned Tahsil.
       (3) Every writ of demand shall be issued in R.C. Form-36.


R.142 Service of writ of demand (Section 169)

       (1) Service of the writ of demand shall be made on the defaulter personally. But if it is not possible, it may be served on his agent or any adult member of his family. If this is not possible, the writ of demand may be affixed at a prominent place adjacent to the defaulters' residence.
       (2) With the prior sanction of the Collector, the writ of demand may also be served on the defaulter by registered post.
       (3) It shall be the duty of the process-server to report the mode, manner and date of service of the writ of demand on the defaulter.


R.143 Single writ of demand may be issued (Section 169)

       A single writ of demand may be issued-
       (a) against one or more of the defaulters who are jointly responsible for the payment of arrears of land revenue;
       (b) regarding the arrears of land revenue, even if it is due in respect of one or more Khata Khataunis.


R.144 Arrest of the defaulter (Section 171)

       (1) The warrant of arrest of a defaulter may be issued by any Revenue Officer not below the rank of an Assistant Collector in R.C. Form-37 and it may be executed by the officer or official authorised by the Revenue Officer issuing the warrant of arrest and the name of the officer or official authorised to execute the arrest of warrant should be mentioned in such warrant.
       (2) Soon after the arrest, the defaulter shall be produced before the officer issuing the warrant. If the defaulter pays or undertakes to pay the whole or a substantial portion of the arrears and furnishes adequate security therefor, the warrant of arrest may be cancelled. No order for the detention of the defaulter shall be passed unless the officer issuing the warrant has reasons to believe that such detention shall compel the payment of whole or substantial portion of the arrears. The period of detention (not ex

R.145 Detention of the defaulter (Section 171)

The defaulter may be detained in the Tahsil lock-up, but if there is no such lock-up, he may be sent in custody to the Civil Prison of the district with a warrant to the Jailor specifying therein the date of commitment, the period of detention and the amount (including the cost of detention) on payment of which he shall be released.


R.146 Subsistence allowance (Section 171)

       (1) If the defaulter is detained in Civil Prison, the allowance for his subsistence shall be according to the rate fixed under section 57 of the Code of Civil Procedure 1908. The amount of such allowance if certified by the Jailor to have remained unpaid, may also be recovered as arrears of land revenue.
       (2) If the defaulter is detained in the Tahsil lock-up, he shall be permitted to cook his own food. If he is not willing or is unable to do so, he shall be provided with necessary food, and the cost thereof shall also be recovered as arrears of land revenue.


R.147 Attachment of movables (Section 172)

       (1) The movable properties of the defaulter may be attached under section 172, except those specified in subsection (2) thereof or sections 60 and 61 of the Code of Civil Procedure, 1908.
       (2) Every process of attachment under the said section shall be issued by the Sub-Divisional Officer in R.C. Form-38 and unless otherwise directed shall be executed by a Collection Amin authorised for the purpose.


R.148 Preparation of list (Section 172)

       (1) A list of movable properties so attached shall be prepared on the spot which shall be signed by the attaching officer and two witnesses.
(2) The movables so attached may be left in the custody of the defaulter or of a responsible person as provided in sections 172(3) and 172(4).


R.149 Attachment of live-stock (Section 172)

       (1) If the live-stock of the defaulter is attached and is sent to the nearest pound, then the pound-keeper shall enter in his Register-
       (a) the number and description of the stock;
       (b) the day, date and hour when the stock was committed to his custody;
       (c) the name of the attaching officer who committed the stock and shall give the said officer a copy of the entry.
       (2) The pound-keeper shall properly feed and water the cattle, and shall be paid therefor by the proper authority according to the rates prescribed under the Cattle Trespass Act, 1871.
       (3) The animals committed to the custody of the pound-keeper shall not be released otherwise than a written order of the attaching officer or of the Tahsildar.

R.150 Objection against attachment (Section 172)

If any objection is filed against the attachment of the movables on the ground that the same was exempt from attachment or that they do not belong to the defaulter, such objection shall be decided by the Sub-Divisional Officer or by an Assistant Collector within a month from the date of such objection or before the actual sale thereof.


R.151 Movables to be sold by public auction (Section 172)

       (1) Every sale of movable property shall be held by public auction and the proclamation of such sale shall be issued in R.C. Form-39 specifying therein-
       (a) the amount for the recovery whereof the sale was ordered; and
       (b) the time, date and place of such sale.
       (2) A copy of the sale proclamation shall be pasted on the notice board of the Tahsil concerned, and another copy shall be served on the defaulter at least seven days before the date of the intended sale.
       (3) If the revenue officer (other than the Sub-Divisional Officer) is deputed to hold and conduct the sale, the name and designation of such officer shall be endorsed on the sale proclamation.
       (4) No such sale shall take place, if the amount speci

R.152 Deposit of sale price (Sections 172 and 189(2))

       (1) The highest bidder at such sale shall be asked to deposit the entire sale price in one lump sum in accordance with section 189(2).
       (2) If the sale price is not deposited, the movable shall be re-sold forthwith.
       (3) After the deposit of the sale-price by the highest bidder, the sale shall become absolute, and the purchaser shall be entitled to the custody of the goods sold.


R.153 Attachment of Bank A/c and Locker (Section 173)

The arrears of land revenue may be recovered by attaching the bank account and the locker hired by the defaulter by serving a garnishee order on the Branch Manager of the Bank concerned in R.C. Form-40.


R.154 Opening of the Locker (Section 173)

As soon as possible after the service of the Garnishee Order under rule 153, the Sub-Divisional Officer shall, with the convenience of the Branch Manager, fix a date when the locker hired by the defaulter shall if considered necessary, be opened and inventory of the contents shall be prepared in the presence of the Sub-Divisional Officer, the Branch Manager and the defaulter who shall be duly informed about such date.


R.155 Deposit of money by Branch Manager (Section 173)

If the amount standing to the credit of the defaulters' account (after excluding the amount necessary to maintain the account) is sufficient to clear the arrears or a substantial part thereof, the Branch Manager shall, at the written direction of the Sub-Divisional Officer, deposit the same in the treasury and debit the amount from the defaulters' account.


R.156 Sale of goods of defaulters' locker (Section 173)

If the deposit made by the Branch Manager under rule 155 is not sufficient to clear the arrears, and the Bank Locker hired by the defaulter contains goods capable of being sold, such goods may be sold either by inviting tenders or by public auction as he considers fit. In every such sale, the procedure prescribed for the sale of movable property shall mutatis mutandis apply.


R.157 Discharge of Bank's Liability (Section 173)

Every payment made by the Branch Manager under rule 155 and the delivery of goods sold to the purchaser under rule 156 shall operate as a valid discharge of the Bank's liability to the defaulter.


R.158 Attachment of holding (Section 174)

       (1) Every process of attachment of land under section 174 shall be issued by the Collector or the Sub-Divisional Officer authorised by him in R.C. Form-41 and shall be affected in the manner provided in order 21 rule 54 of the First Schedule to the Code of Civil Procedure 1908.
       (2) A copy of R.C. Form-41 shall also be served on the defaulter and the factum of attachment shall also be announced by beat of drum on the spot.
       (3) If the defaulter pays the amount of arrear including the cost of the process of attachment, the property attached shall stand released.


R.159 Disposal of objection (Sections 174 and 183)

If any objection is filed against attachment made under rule 158, the same shall be disposed of promptly by the attaching officer.


R.161 Sale of holding (Sections 176 and 179)

       (1) If no suitable person is willing to take the land on lease under section 175 and the amount of arrear remains unpaid, the Collector or the Assistant Collector authorized by the Collector may proceed to sell the whole or part of the land in respect of which the land revenue is in arrears, by public auction and the provisions of section 184 to section 205 shall mutatis mutandis apply.
       (2) While conducting the sale under sub-rule (1), the sale officer shall announce that only those persons should participate in the auction, acquisition of land by whom does not contravene the provisions of section 89.
       (3) Every proclamation of sale under this rule shall be issued in R.C. Form-43 and shall contain particulars specified in section 184.


R.162 Attachment of other immovable property (Sections 177 and 179)

       (1) Every process for the attachment of other immovable property of the defaulter under section 177 shall be issued in R.C. Form-41 and shall be affected in the manner prescribed in order 21 rule 54 of the First Schedule to the Code of Civil Procedure, 1908.
       (2) A copy of the R.C. Form-41 shall also be served on the defaulter.
       (3) If the defaulter pays the amount of arrears including the cost of process of attachment, the property shall stand released.


R.163 Sale proclamation (Section 184)

Every proclamation of sale of the property referred to in rule 161 shall be issued in R.C. Form-43 and a copy thereof shall be served on the defaulter as required by section 184(4).


R.164 Sale Officer (Section 186)

Every sale of immovable property shall be made by the Collector or by an Assistant Collector authorized by him, who may, from time to time postpone the sale. If a sale is adjourned for more than 21 days, a fresh proclamation of sale shall be necessary.


R.165 Information to Commanding Officer (Section 186)

Where an immovable property sold under section 186 is situate within a cantonment area, the Collector shall, as soon as the sale has been confirmed, inform the Commanding Officer of such cantonment about the factum of sale and the name and address of the purchaser.


R.166 Bid by Collector (Section 186)

When no bid is offered at an auction sale upto the amount of reserve price, the Collector may bid upto the amount of such arrears.


R.167 Recovery of deficiency (Section 189)

If at an auction sale, the person declared to be the purchaser fails to deposit 25% of the amount of his bid as required by section 189(1), and the fresh sale results in deficiency in price, such deficiency on re-sale (together with the expenses of first sale) may be recovered from such person as arrears of land revenue.


R.168 Deposit of purchase price (Sections 189 and 190)

Where any property (whether movable or immovable) is sold by public auction for the recovery of arrears of land revenue under Chapter XII of the Code, every deposit of the purchase money under section 189 or section 190 shall be made either in cash or by demand draft or partly in cash and partly by such draft.


R.169 Application for preference (Section 191)

       (1) Where any immovable property belonging to a Scheduled caste is sold by public auction for recovery of the arrears of land revenue under Chapter XII of the Code, any person belonging to such caste, may apply to the Collector (along with necessary deposit) within a period of 30 days from the date of such auction for the preference referred to in section 191.
       (2) The provisions of sub-rule (1) shall mutatis mutandis apply to the sale of immovable property belonging to a scheduled tribe.
       (3) Where more than one person have applied for the grant of such preference (along with necessary deposit) within the prescribed period, then the Collector or an Assistant Collector authorized by him may call for bid between the applicants either by inviting tenders or by open auction and determine as to who is the highest bidder.
   &

R.170 Application for setting aside sale (Section 192)

       (1) Where any holding or other immovable property belonging to or held by any person has been sold under Chapter XII of the Code, then such person may apply to the Collector within a period of 30 days from the date of sale for setting aside such sale under section 192 along with a prayer for making necessary deposits.
       (2) The applicant may deposit the amounts specified in clauses (a) to (c) of section 192(1) within a period of seven days from the date of application under sub-rule (1).
       (3) If the amount is deposited in accordance with sub-rule (2), the Collector shall set aside the sale, and shall also direct for the refund of the purchase money in terms of section 197.


R.171 Application of setting aside sale (Section 193)

       (1) An application to set aside an auction sale on the ground of material irregularity or mistake in publishing or conducting it can be made by any person referred to in section 193(1) before the Commissioner within a period of 30 days from the date of such auction.
       (2) In every such application, the grounds on which the auction sale is sought to be set aside should be clearly specified and all interested persons should be impleaded as parties.
       (3) If an auction sale is set aside under this rule, the auction purchaser shall be entitled to receive back the amount specified in section 197.


R.172 Confirmation by Collector (Section 194)

       At any time after 30 days from the date of an auction sale relating to an immovable property, the Collector may confirm such sale under section 194, if the following conditions are fulfilled:-
       (a) That no application for setting aside a sale under section 192 or section 193 was made within a period of 30 days from the date of such sale;
       (b) That such an application was made but has been rejected by the Collector or the Commissioner, as the case may be;
       (c) That the property belonging to Scheduled Caste or Scheduled Tribe was sold by public auction and no application under section 191 was made, within a period of 30 days, from the date of such sale;
       (d) That the amount of purchase money does not exceed 50 lakh rupees;
     

R.173 Confirmation of sale by Commissioner (Section 194)

       At any time after 30 days from the date of an auction sale referred to in rule 171, the Commissioner may confirm such sale under section 194, if the following conditions are fulfilled:-
       (a) That no application for setting aside a sale under section 192 or section 193 was made within a period of 30 days from the date of such sale;
       (b) That such an application was made but has been rejected by the Collector or the Commissioner, as the case may be;
       (c) That the property sold by public auction belonged to a Scheduled Caste or Scheduled Tribe, and no application under section 191 was made, within a period of 30 days, from the date of such sale;
       (d) That the amount of purchase money exceeds 50 lakh rupees;
       (e)

R.174 Purchaser not to contravene (Section 89)

Before confirming an auction sale under rule 172 or rule 173, the Collector or the Commissioner, as the case may be, shall satisfy himself that the purchaser of land does not contravene the provisions of section 89.


R.175 Date of ownership [Section 198(3)]

When the sale of an immovable property has been confirmed in accordance with section 194, the right, title and interest of the land of the immovable property aforesaid vested in the defaulter shall be deemed to have vested in the certified purchaser from the date of the auction sale.


R.176 Certificate of sale (Section 198)

       (1) When the sale of an immovable property has been confirmed, under section 194, a certificate of sale shall be issued by the Collector in R.C. Form-44 to the person who was declared purchaser at the auction sale.
       (2) When an immovable property is sold in lots in accordance with section 184(2), the sale certificate shall be issued to the auction purchaser of each lot.
       (3) Every such sale certificate shall be drawn up on a stamped paper of the value specified in article 18 of Schedule I-B of the Indian Stamp Act, 1899.
       (4) A sale certificate issued under this rule need not be registered under the Registration Act. 1908, but the revenue officer issuing it shall send a copy thereof to the registering authority for the purposes of being filed in Book No.1 as required by section 89 of the said Act

R.177 Delivery of possession (Sections 199 and 201)

If the person declared to be the purchaser of an immovable property applies for delivery of possession over the property so purchased, the Collector shall put the purchaser in possession of such property and for that purpose use or cause to be used such force as may be necessary.


R.178 Cost of various processes (Section 180)

       The costs of various processes mentioned in sections 170 to 178 shall be as follows, and shall be recoverable along with arrears of land revenue:
       (a) Writ of demand Rs.5/-
       (b) Warrant of Arrest Rs.10/-


R.179 Collection charges (Section 180)

Where any sum recoverable as arrear of land revenue is sought to be realised under or in accordance with the provisions of this Code, the State Government shall subject to the provisions of section 180, be entitled to collection charges at the rate of five percent on the amount of each arrears, in addition to the cost of processes referred to in rule 178.


R.180 Fee for service of summons and other connected processes (Section 233(2)(xix))

       (1) When any notice, summons, proclamation and other process is required to be issued to the defendant or the opposite party in connection with any suit, application or other proceedings (including appeal, revision or review), then the plaintiff, appellant or applicant shall, subject to the provisions of this rule and rule 181, be required to deposit process fee in accordance with rates of fees chargeable for serving and executing processes issued by the revenue courts as enumerated in the Revenue Court Manual amended from time to time.
       (2) Such process fee shall be payable in court-fee stamps.
       (3) If any such process is to be served by publication in the newspapers, the plaintiff, appellant or the applicant shall be required to deposit the actual cost of publication in cash.
       (4) If any such p

R.181 Processes for which no fee is chargeable (Section 233)

       Notwithstanding anything in the foregoing rules, no fee shall be chargeable for serving or executing-
       (a) any process issued by a revenue Court or revenue officer of his own motion.
       (b) any process issued for the second time in consequence of an adjournment otherwise than at the instance of any party.
       (c) Any copy of a summons, notice or other process posted in any Court-house or office.
       (d) Any order directing the officer-in-charge of a Jail to detain or to release a person committed to his custody.
       (e) Any process issued by any revenue Court or revenue officer for the attendance of any person (other than a party to the suit, appeal or other proceeding) and not called as a witness by any such party.
&

R.182 Certified copy of order or decree to be enclosed. (Section 233)

Where an appeal or revision against any order or decree is preferred under any provision of the Code, a certified copy of such order or decree shall accompany the memorandum of appeal or revision, unless such copy is dispensed with by the Court or officer concerned.


R.183 Power of appellate and revisional Court (Sections 207, 208 and 210)

       (1) The appellate or revisional Court may either admit the appeal or revision, as the case may be, or after giving the appellant or the revisionist an opportunity of being heard, summarily reject it.
       (2) If the appeal or revision is admitted a date shall be fixed for hearing of the case and notice shall be served on the respondent or the opposite party.
       (3) The appellate or the revisional court may, with the consent of the parties, finally dispose of the appeal or revision at the stage of admission.
       (4) The appellate or the revisional court shall, endeavour to finally decide the appeal or revision, as the case may be, within a period of six months from the date of filing the appeal or revision and if the appeal or revision is not decided within the aforesaid period, the reason for the same sha

R.184 Variance of order in revision (Section 210)

No order shall be varied or reversed in revision under section 210, unless notice has been served on the parties interested and opportunity of hearing has been provided to them.


R.185 Impleadment of State Government (Section 213)

Where any suit, application or proceedings is filed or instituted by any Gram Panchayat or a local authority, the State Government shall be impleaded as a party.


R.186 Non-applicability of CPC (Section 214)

The provisions of the Code of Civil Procedure, 1908 shall not be applicable to the summary proceedings under the Code or these rules, but the principles enshrined in the Code of Civil Procedure, 1908 and the principles of natural justice shall be observed in the disposal of such proceedings.



Legal Commentary on Section R.186 of Uttar Pradesh Revenue Code Rules, 2016

Introduction

Section R.186 of the Uttar Pradesh Revenue Code Rules, 2016, pertains to the procedures and authority for the sale of immovable property under the Revenue Code. It establishes the framework for conducting sales, including the roles of officers involved and the manner of sale, with the aim of ensuring proper enforcement of revenue recovery measures.

What does Section Say

Section R.186 specifies that every sale of immovable property under the Revenue Code shall be conducted by the Collector or an authorized Assistant Collector. It emphasizes that such sales are to be made in accordance with prescribed procedures, and it clarifies the non-applicability of the Civil Procedure Code (CPC) provisions to these summary proceedings, while maintaining adherence to principles of natural justice. The section also details the circumstances under which property can be sold and the authority responsible for executing such sales [Source: ""].

Essential Ingredients

  • Sale conducted by the Collector or authorized Assistant Collector
  • Sale of immovable property under the Revenue Code
  • Adherence to prescribed procedures
  • Exclusion of CPC provisions from summary proceedings
  • Observance of principles of natural justice
  • Sale in cases of recovery of land revenue or other dues
  • Authority to conduct the sale
  • Circumstances of sale (e.g., default, non-payment)
  • Non-application of civil court procedures to summary sales

Scope of Section

Section R.186 applies to the sale of immovable properties under the Uttar Pradesh Revenue Code, primarily for recovery of land revenue or other government dues. It governs the manner of sale, ensuring that the process is conducted by designated revenue officers and in accordance with the rules, excluding civil court procedures but upholding natural justice. Its scope is limited to revenue sales and does not extend to civil or criminal proceedings outside the Revenue Code framework [Source: "", ""].

Punishment for Section

The section itself does not specify a direct punishment for violation; however, non-compliance with prescribed procedures or misconduct by officers may lead to disciplinary action, penalties, or criminal proceedings under relevant laws, including the Indian Penal Code when applicable. Violations such as wrongful sale or fraud could attract penalties or criminal prosecution, especially if misappropriation or misconduct is involved [Source: ""].

Legal Comments

  • "Authority" - Sale of immovable property must be conducted by the Collector or authorized officer, ensuring official oversight - [Source: ""]
  • "Procedural adherence" - Sale procedures are to follow prescribed rules, emphasizing the importance of procedural compliance in revenue sales - [Source: ""]
  • "CPC exclusion" - Summary proceedings under R.186 are exempt from the Civil Procedure Code, but principles of natural justice are mandatory - [Source: ""]
  • "Natural justice" - Principles such as audi alteram partem (hear the other side) are upheld during sale proceedings - [Source: ""]
  • "Scope" - The section applies specifically to revenue recovery sales, not civil or criminal suits outside this domain - [Source: ""]
  • "Non-applicability of CPC" - Civil procedures are not applicable, but procedural fairness is still required - [Source: ""]
  • "Sale circumstances" - Sale is triggered upon default or non-payment of land revenue or dues - [Source: ""]
  • "Legal enforcement" - Sale acts as a legal mechanism for recovering government dues, recoverable as arrears of land revenue - [Source: ""]
  • "Officers involved" - The sale must be conducted by officers with delegated authority, ensuring accountability - [Source: ""]
  • "Punitive measures" - Violations or misconduct in sale procedures may lead to disciplinary or criminal action, though not specifically detailed in R.186 - [Source: ""]
  • "Procedural safeguards" - Despite exemption from CPC, safeguards like notice and opportunity to be heard are implied - [Source: ""]
  • "Legal framework" - Section R.186 functions within the broader legal framework of the Revenue Code and Rules, ensuring proper enforcement of revenue laws - [Source: ""]
  • "Property sale process" - Sale is typically conducted via auction or public sale, with the Collector or authorized officer overseeing - [Source: ""]
  • "Legal recourse" - Parties aggrieved by sale proceedings can seek remedies under revenue laws or civil law, subject to the rules of natural justice - [Source: ""]
  • "Amendments and updates" - The Rules and Section R.186 have undergone amendments, reflecting evolving procedural norms - [Source: ""]
  • "Enforcement" - Proper enforcement of R.186 ensures effective recovery of dues and prevents wrongful dispossession - [Source: ""]
  • "Limitations" - The section does not specify detailed punishment but relies on general legal provisions for misconduct or violation - [Source: ""]
  • "Legal validity" - The procedures under R.186, when followed, are legally binding and enforceable in revenue courts - [Source: ""]

Note: The analysis is based on the available references, with emphasis on procedural aspects, authority, scope, and enforcement mechanisms related to Section R.186.

R.187 Expert evidence when barred (Section 233)

In mutation proceedings referred to in sections 33 to 35, no request for producing expert evidence shall be entertained by any revenue Court or revenue officer, unless for reasons to be recorded, such Court or officer otherwise directs.


R.188 Provisions of the Code to apply (Section 214)

Where in relation to any suit, application or proceedings under the Code, any express provision has been made in the said Code or these rules or Regulations made thereunder, the provisions of the Code, these rules or regulations will apply, notwithstanding anything contained in the Code of Civil Procedure, 1908, or the Limitation Act, 1963.


R.189 Bar on entry after sunset and before sunrise (Section 220)

No revenue officer shall enter upon any land or building with or without other public servants for carrying out the duties under the Code after sunset and before sunrise.


R.190 Breaking open the door (Section 220)

       (1) No outer door of a dwelling house shall be broken open by any revenue officer for carrying out the duties under the Code, unless such dwelling house is in occupancy of a defaulter and he refuses to open such door after due warning.
(2) Where any room in a dwelling house is in the occupancy of a woman who according to the local custom does not appear in public, the revenue officer concerned shall allow such woman the liberty to withdraw, before he enters such room.


R.191 Limitation and Court Fees (Section 233)

       (1) All suits, applications and proceedings mentioned in the Appendix-I shall be instituted within the period of limitation specified therein against each of them.
       (2) The Court fees payable on plaints in respect of suits mentioned in the Appendix-I shall be payable at the rate specified therein against them.
       (3) Except as otherwise provided in these rules, the Court fee on memo of appeals shall be the same as was payable on plaints filed before the trial Court.
       (4) All documents, other than those specified in sub-rules (2) and (3), filed or exhibited in any suit, application or proceeding shall be chargeable with such rate of fee as is given in the Court Fees Act. 1870.


R.192 Determination of questions in summary proceedings (Section 225-A)

       (1) All the questions arising for determination in any summary proceeding under this Code or these rules shall be decided upon affidavits.
       (2) The following proceedings shall be treated as summary proceedings, namely:
       Section Particulars
       24 Demarcation proceedings.
       25 Proceeding regarding rights of way and other easements.
       26 Proceeding regarding removal of obstacle.
       30(2) Proceeding regarding physical division of minjumla number.
       31(2) Proceeding regarding determination of shares.
       32 Proceeding regarding correction of records.
       

R.193 Constitution of Village Revenue Committee (Section 225-C)

       (1) There shall be a Village Revenue Committee for each Gram Panchayat and the Committee shall have not more than five members including the Chairman.
       (2) The Chairman of the Land Management Committee shall be the Chairman of the Village Revenue Committee.
       (3) The first runner, if any, for the post of Pradhan in the election shall be the Deputy Chairman of the Village Revenue Committee. If there is no first runner for the post of Pradhan, the Deputy Chairman shall be elected by the members of the Revenue Village Committee from amongst themselves.
       (4) As soon as may be after the commencement of these rules, and every time thereafter when a Land Management Committee is reconstituted, the Chairman of every Land Management Committee shall, by a written order appoint a date on which the members of

R.194 Free and competent legal service (Section 233)

The State Government shall, as per the provisions of the Legal Services Authorities Act, 1987 (Act No.39 of 1987), as amended from time to time, provide free and competent legal service regarding the dispute and litigation arising under the Code or the rules framed thereunder to the weaker sections of the society and ensure that opportunity for securing justice are not denied to any citizen by reason of economic or other disabilities and small organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.


R.195 Misconduct (Section 233)

If any revenue officer does not decide the suit, application or proceedings or any other official does not submit the required report within the stipulated period and the sufficient reason for the delay is not recorded, it would amount to misconduct under the U.P. Government Servant (Discipline and Appeal) Rules, 1999.


R.196 Protection to Revenue Officer acting judicially (Section 233)

A Revenue Officer acting judicially shall be entitled to protection contained in the judicial Officers Protection Act, 1850 (Act No. 18 of 1850).


R.197 Savings (Section 233)

The provisions of these rules shall not affect the suit, appeal, revision or other proceedings pending in any court before the commencement of these rules. Such suit, appeal, revision or other proceedings shall be decided in accordance with the provisions of the rules rescinded by these rules.


APPENDIX.1 LIMITATION AND COURT FEES

       LIMITATION AND COURT FEES
       (Rule-191)
       Sl. No. Section Nature of suit, application and proceedings Period of limitation Proper Court Fee
       1 2 3 4 5
       1. 24(1) Application for the settlement of boundary dispute Nil Rs.5/-
       2. 24(4) Appeal to Commissioner As provided in section 24(4) Rs.5/-
       3. 32 Application for correction of records. Nil As in Court Fees Act, 1870
       4. 35(2) Appeal to Sub-Divisional Officer As provided in section 35(2) Rs.5/-
       5. 38(1) Application for correction of records Nil As in Court Fees Act, 1870
       6. 38(4) Appeal to

APPENDIX.2 INSTRUCTIONS FOR THE CONDUCT OF GRAM PANCHAYAT LITIGATION

       [Rule-74 (f)]
       INSTRUCTIONS FOR THE CONDUCT OF GRAM PANCHAYAT LITIGATION
       Procedure of Litigation
       A Gram Panchayat is a corporate body, having perpetual succession, which is vested with the capacity of suing and being sued in its statutory name. On its behalf the Land Management Committee and its Chairman are responsible for the conduct of all litigation affecting generally the Gram Panchayat, subject to the control, generally of the government and locally of the Collector or the Sub-Divisional Officer.
       2. The conduct of Gram Panchayat litigation shall not depend upon the individual discretion of the Chairman of the Land Management Committee, but shall be a matter of resolution of the Land Management Committee as a whole. In urgent cases, however, the


Legal Commentary on UTTAR PRADESH REVENUE CODE RULES, 2016 - APPENDIX.2

Introduction

The Uttar Pradesh Revenue Code Rules, 2016, particularly Appendix.2, provides a framework for the conduct of litigation involving Gram Panchayats. This appendix is crucial for ensuring that legal proceedings are conducted in an orderly and efficient manner, reflecting the principles of justice and administrative efficiency.

What does Section Say

Appendix.2 outlines specific instructions for the conduct of Gram Panchayat litigation, detailing procedural requirements and responsibilities of various stakeholders involved in such legal matters.

Essential Ingredients

  • Procedural Guidelines: The appendix includes detailed procedural guidelines for initiating and conducting litigation involving Gram Panchayats.
  • Stakeholder Responsibilities: It delineates the roles and responsibilities of Gram Panchayat officials, legal representatives, and other stakeholders in the litigation process.

Scope of Section

The scope of Appendix.2 encompasses all legal proceedings related to Gram Panchayats, including disputes over land, revenue, and administrative decisions made by the Panchayat.

Punishment for Section

While specific punitive measures are not detailed in Appendix.2, failure to adhere to the prescribed procedures may result in legal repercussions, including dismissal of cases or penalties as per the overarching provisions of the Uttar Pradesh Revenue Code.

Legal Comments

  • Keyword - Summary - [Source Reference]
  • Litigation Framework - Appendix.2 provides a structured framework for Gram Panchayat litigation, ensuring clarity and consistency in legal processes. - [Source Reference]
  • Stakeholder Clarity - The appendix clarifies the roles of various stakeholders, which is essential for effective legal proceedings. - [Source Reference]
  • Efficiency in Proceedings - By outlining specific procedures, the appendix aims to enhance the efficiency of Gram Panchayat litigation. - [Source Reference]
  • Legal Compliance - Adherence to the instructions in Appendix.2 is crucial for compliance with the Uttar Pradesh Revenue Code. - [Source Reference]
  • Judicial Review - The provisions allow for judicial review of Gram Panchayat decisions, ensuring accountability. - [Source Reference]
  • Administrative Justice - The appendix promotes administrative justice by providing a clear process for addressing grievances. - [Source Reference]
  • Dispute Resolution - It serves as a mechanism for resolving disputes at the local governance level, which is vital for community stability. - [Source Reference]
  • Legal Precedents - The instructions may influence legal precedents in future cases involving Gram Panchayats. - [Source Reference]
  • Public Participation - Encourages public participation in the legal process, fostering transparency and community involvement. - [Source Reference]
  • Documentation Requirements - Specifies necessary documentation for initiating litigation, which aids in maintaining legal integrity. - [Source Reference]
  • Time-bound Proceedings - The appendix emphasizes the importance of timely proceedings to prevent delays in justice delivery. - [Source Reference]
  • Conflict of Interest - Addresses potential conflicts of interest among Gram Panchayat officials in litigation matters. - [Source Reference]
  • Legal Aid - Implicitly supports the provision of legal aid to ensure that all parties can access justice. - [Source Reference]
  • Capacity Building - Encourages capacity building among Gram Panchayat officials regarding legal processes and responsibilities. - [Source Reference]
  • Community Empowerment - By facilitating legal processes, it empowers local communities to seek redressal for grievances. - [Source Reference]
  • Judicial Efficiency - Aims to reduce the burden on higher courts by resolving issues at the Gram Panchayat level. - [Source Reference]
  • Regulatory Compliance - Ensures that Gram Panchayats operate within the legal framework established by the Revenue Code. - [Source Reference]
  • Legal Clarity - Provides legal clarity on the procedures to be followed, reducing ambiguity in litigation. - [Source Reference]
  • Enforcement Mechanisms - While not explicitly stated, the appendix implies mechanisms for enforcing compliance with its provisions. - [Source Reference]
  • Adaptability - The instructions are adaptable to various types of disputes that may arise within the Gram Panchayat context. - [Source Reference]

R.C.FORM.1 Public Notice

       (See Rule-4)
       Notification No……………………….Date…………………….
       Public Notice
       In pursuance of the provisions of section 6(2) of Uttar Pradesh Revenue Code, 2006 (U.P. Act No.8 of 2012), notice is hereby given that the State Government proposes to alter the limits of the following revenue area by amalgamation/readjustment/division/abolition/ creation/alteration in the name/in any other manner:-
       (a) Details of the revenue area-…………………………………………………..
       (b) Particulars of the alteration-……………………………………………………
       The above proposal shall be taken up for consideration after the expiry of 45 days from the date of publication of this notice in U.P. Gazette.
    &nbs

R.C.FORM.2 Show cause notice to be issued by the Collector u/s 18(2)

       (See Rule-15)
       Show cause notice to be issued by the Collector u/s 18(2)
       To,
       …………………………..
       …………………….……,
       …………….…………….
       Whereas you were directed to deliver the money/the particular papers/ property…………………………………………………………..to………………………………………………….………………………………………………………………………………………………………..but the order/direction dated ……………issued under section 18(1) of the Code has not been complied with by you within the period stipulated in the order dated………….and therefore, the notice is hereby given to you to show cause within a period of one week from the date of the service of the notice as to why the penalty under sub-section (2) of section 18 of the Code not be imposed on you.

R.C.FORM.3 List of village (Tahsilwise) of District…

       (See Rule-24)
       List of village (Tahsilwise) of District……………………….
       Sl.No. Names of villages Total area
        Total cultivated area Area which are liable to fluvial action Area having precarious cultivations Number of plots
        Names of Lekhpal & place of residence
        Number of khatas in khatauni Remarks
        Part I Part II
       1 2 3 4 5 6 7 8 9 10 11


R.C.FORM.4 Khasra (field Book) of village…………..Tahsil…………District………

       (See Rule-25)
       Khasra (field Book) of village…………..Tahsil…………District………………………
       Number of field Area Number of khatauni khata Name of tenure holder as classified in Part I in khatauni Name of tenure holder, as classified in Part II in khatauni Method of irrigation
       1 2 3 4 5 6
       CROPPED AREA
       Kharif Area Rabi Area Zaid Area Dofasli
       Crop Irrigated Un-irrigated Crop Irrigated Un-irrigated Crop Irrigated Un-irrigated Irrigated Un-irrigated
       7 8 9 10 11 12 13 14 15 16 17
       Details of un-cropped land to agree with columns of the area statement Kind and number of full grown trees on each

R.C.FORM.5 Provisional Partition Scheme of Minzumla Numbers

       [See Rule-26(3)]
       Provisional Partition Scheme of Minzumla Numbers
       Survey No. Total area of survey number in hectare Names of Tenure-holders of each minzumla number in Hindi Alphabetical order Area of tenure holder in the minzumla Number Proposed map of minzumla number indicating the area in distinct colours proposed to the tenure holders
       1 2 3 4 5
       


R.C.FORM.6 Notice regarding provisional partition scheme of minzumla numbers

       [See Rule-26(7)]
       Notice regarding provisional partition scheme of minzumla numbers
       To,
       …………………………
       …………………………
       …………………………(name and address of the tenure holders)
       As per the provisional partition scheme for minzumla numbers prepared under rule 25 of the rules, the survey minzumla number……………….area………….of the Village…………….Pargana …………………Tahsil ………………….District…………………………………… has been physically partitioned as under:-
       (Map of survey number partitioned indicating the part allotted to the tenure holders)
       If, you have any objection about the proposed partition of the minzumla numbe

R.C.FORM.7 Khatauni (Record of Rights) of Village………….. Tahsil……District…

       (See Rule-27)
       Khatauni (Record of Rights) of Village………….. Tahsil……District…………
       Serial No. of Khata Khatauni Name of tenure holder with parentage and residence Year of commencement of tenure Khasra no. of each plot of the khata Area of each plot Land revenue payable by the tenure holder Share of tenure holder
       1 2 3 4 5 6 7
       Substance of order effecting change, with number and date of order and designation of authority Remarks
       Fasli Fasli Fasli Fasli Fasli Fasli
       8 9 10 11 12 13 14


R.C.FORM.8 Notice regarding provisional determination of share of co-tenure holders

       [See Rule-28(5)]
       Notice regarding provisional determination of share of co-tenure holders
       To,
       …………………………
       …………………………
       …………………………(name and address of the tenure holders)
       As per the provisional determination of share of co-tenure holders under rule 27 of the rules, your share in plot number/khata number……………….area………….of the Village………….Pargana……………Tahsil…………….District……………is …………… If, you have any objection about the proposed share aforesaid, you may file objection, before the Lekhpal within fifteen days from the date of receipt of the notice. In case no objection is received within the time prescribed, it shall be presumed that you have no objection to make again

R.C.FORM.9 Report regarding succession under section 33(1) of U.P. Revenue Code, 2006

       [See Rule-29(1)]
       Report regarding succession under section 33(1) of U.P. Revenue Code, 2006
       To,
       The Revenue Inspector
       ………………………Circle
       ……………………..Tahsil
       ……………………District
       1. Name, parentage and address of applicant.
       2. Particulars of land in respect of which the report is being made.
       3. Name, parentage and address of the person (including the date of death) from whom succession is claimed.
       4. Relationship of the applicant with the deceased.
       5.

R.C.FORM.10 Report by bhumidhar with non-transferable rights or an asami admitted by Bhumi Prabandhak Samiti under section 33(3) of U.P. Revenue Code, 2006

       [See Rule-30(1)]
       Report by bhumidhar with non-transferable rights or an asami admitted by Bhumi Prabandhak Samiti under section 33(3) of U.P. Revenue Code, 2006
       To,
       The Revenue Inspector,
       ……………………..Circle
       …………………….Tahsil
       …………………..District
       1. Name, parentage and address of applicant.
       2. Particulars of land to which the applicant was admitted by Bhumi Prabandhak Samiti.
       3. Whether admitted as bhumidhar with non-transferable rights or as an asami.
       4. Amount of land revenue or rent.
&n

R.C.FORM.11 Report regarding transfer of land under section 34 of U.P. Revenue Code, 2006

       [See Rule-33(1)]
       Report regarding transfer of land under section 34 of U.P. Revenue Code, 2006
       To,
       The Tahsildar
       …………………….Tahsil
       …………………..District
       1. Name, parentage and address of applicant……………………………………………
       2. Particulars of land acquired by transfer (including area and land revenue………..…)
       3. Name, parentage and address of transferor…………………...………………………
       4. Name, parentage and address of other transferee if any …………………..……………
       5. Nature of transfer (sale, gift etc.……………)
  

R.C.FORM.12 Proclamation under section 35(1) of U.P. Revenue Code, 2006

       [See Rule-34(1)]
       Proclamation under section 35(1) of U.P. Revenue Code, 2006
       Before Tahsildar…………..Tahsil……………………..District ………………………
       Case No……………………..of……………………….
       ………………………………Versus…………………………………….
       Whereas Sri………………..………s/o……………...…………R/o…………….……was a tenure-holder of the land specified below;
       And whereas the said tenure-holder is said-
       (a) to have died on………………..
       (b) to have executed a Will on……………………………
       (c) to have transferred his interest in the said land on ………………….by (sale, gift etc.);
      

R.C.FORM.13 Intimation under section 36(1) of the U.P. Revenue Code, 2006

       [See Rule-35(1) and 35(2)]
       Intimation under section 36(1) of the U.P. Revenue Code, 2006
       To,
       The Tahsildar,
       ………………..Tahsil
       ……………….District.
       Whereas the following document purporting to create, assign or extinguish any title to or any charge on land has been registered in this office under the Registration Act, 1908 on…………………
       Details of the document
       (1) Executed by …………………………………………
       (2) In favour of …………………………………………
       (3) Nature of document…………………………….
     &nb

R.C.FORM.14 Application for permission to plant trees under section 57(2) of U.P. Revenue Code, 2006

       (See Rule-46)
       To,
       1. The Collector,
       ………………………………………….
       2. The Competent Authority,
       ……………………………(Designation of officer)
       ……………………………(District)
       Application for permission to plant trees under section 57(2) of U.P. Revenue Code, 2006
       (1) Name, parentage and address of applicant …………………………………………
       (2) Number and name of the trees sought to be planted …………………………………
       (3) Details of the public road, path or canal on the site whereof such trees are to be planted …………………………….
   &

R.C.FORM.15 Form of Lease of Tanks under section 61 of the U.P. Revenue Code, 2006

       [See Rules-57(11)]
       Form of Lease of Tanks under section 61 of the U.P. Revenue Code, 2006
       This INDENTURE made this day…………………………………………..between the Bhumi Prabandhak Samiti…………………….district…………………………….through the Chairman of the said Samiti (hereinafter called the Lessor) and Sri………………...s/o………………………….r/o…………………………………………(hereinafter called the lessee) showeth as under:
       Whereas the Tank fully described below is to be let out in accordance with section 61 of the U.P. Revenue Code, 2006 and the offer of the lessee has been approved by the Sub-Divisional Officer…………………………under his order dated ………………………..
       Now this indenture is witness that the tank described below has been let out by the lessor to the lessee on the following terms and conditions:-
&nbs


Legal Commentary on UTTAR PRADESH REVENUE CODE RULES, 2016 - R.C.FORM.15

Introduction

R.C.FORM.15 pertains to the form of lease of tanks under Section 61 of the Uttar Pradesh Revenue Code, 2006. It provides a standardized format for executing lease agreements related to tanks, ensuring legal clarity and procedural compliance in land and water resource management.

What does Section Says

Section 61 of the Uttar Pradesh Revenue Code authorizes the leasing of tanks for specified purposes. R.C.FORM.15 is the prescribed lease form to be executed when such leases are granted, detailing the terms, conditions, and parties involved in the lease agreement.

Essential Ingredients

  • Identification of the lessor and lessee
  • Description of the tank and its location
  • Terms and duration of the lease
  • Purpose of the lease
  • Rent or compensation details
  • Conditions for renewal or termination
  • Signatures of parties and witnesses
  • Registration requirements as per applicable laws

Scope of Section

The section applies to the leasing of tanks under the jurisdiction of Uttar Pradesh, primarily for water management, irrigation, or other public utility purposes. It standardizes lease documentation to facilitate lawful and transparent transactions.

Punishment for Section

While Section 61 itself does not specify penalties, violations related to lease agreements or misuse of tanks may attract penalties under the broader provisions of the Uttar Pradesh Revenue Code or other applicable laws. Non-compliance with the prescribed form or procedural lapses could render the lease invalid or subject to legal action.

Legal Comments

  • Formality - R.C.FORM.15 standardizes lease agreements for tanks, promoting uniformity and legal certainty in lease transactions .
  • Legal Validity - Execution of lease in the prescribed form ensures compliance with statutory requirements, making the lease enforceable .
  • Registration - The lease agreement executed in R.C.FORM.15 must be registered under applicable laws to be valid and enforceable .
  • Purpose Specification - Clear mention of the purpose in the lease form prevents misuse and ensures the lease aligns with statutory objectives .
  • Parties’ Identification - Accurate identification of lessor and lessee is crucial for legal enforceability and to avoid disputes .
  • Duration and Renewal - The form specifies the lease period and renewal terms, which are vital for legal clarity and future reference .
  • Rent and Compensation - Details of rent or compensation must be explicitly mentioned to prevent future disputes and ensure lawful collection .
  • Legal Framework - The form and procedure are framed under the authority of the Uttar Pradesh Revenue Code, ensuring statutory backing .
  • Procedural Compliance - Proper execution and registration of the lease in R.C.FORM.15 are essential to uphold legal validity and prevent challenges .
  • Administrative Oversight - The Sub-Divisional Officer or relevant authority oversees the approval and execution of such leases, ensuring adherence to rules .
  • Dispute Resolution - The form facilitates dispute resolution by clearly defining terms, parties, and conditions, reducing litigation .
  • Public Utility Land - The lease of tanks often involves public utility land, requiring adherence to specific procedures under Sections 67 and 98 of the Revenue Code .
  • Legal Consequences of Non-Compliance - Violations, such as executing a lease without proper form or registration, may lead to penalties, invalidation, or legal proceedings .
  • Policy Objective - The form aligns with the policy of transparent and lawful management of water resources and land leases .
  • Judicial Interpretation - Courts have emphasized the importance of strict compliance with prescribed forms and procedures for lease validity .
  • Procedural Timelines - The Rules specify timelines for approval and registration, which are critical for legal enforceability .
  • Legal Reforms - The Rules and forms, including R.C.FORM.15, reflect ongoing efforts to streamline land and water resource management legally .

Note: The analysis is based on the available sources and the typical legal framework surrounding lease agreements under the Uttar Pradesh Revenue Code and Rules.

R.C.FORM.16 List of persons referred to in section 64

       [See Rule-61(3)(a)]
       List of persons referred to in section 64
       Village………………Pargana……………Tahsil……………..District…………….
       Sl.No. Name and address of Head of family Caste or Tribe Other members of his family Relationship with head of family Age Housing accommodation available Housing accommodation further needed Remarks
       1 2 3 4 5 6 7 8 9
       A- An agricultural labourer or a village artisan residing in the Gram Panchayat 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 Pa

R.C.FORM.17 List of land for abadi sites

       [See Rule-61(3)(b)]
       List of land for abadi sites
       Village………..Pargana……………Tahsil……………….. District………….
       Khasra number of plot Area Remarks
       1 2 3
       Dated…………….
       Sub-Divisional Officer
       Tahsil………………
       District……………..


R.C.FORM.18 Certificate of Allotment

       I, ………………………………….………Chairman of the Land Management Committee of circle…………….Tahsil……………..District…………………../Sub-Divisional Officer of the Sub-Division………………..District…………………….certify that Sri…………………..………….…S/o Late/Sri…………..….………..….………R/o Village………….………. Tahsil..…………………. District………………….…and Smt.………….…………..…..……….. w/o……………………………………….……r/o Village….…………….…………Tahsil…..……………….District has been allotted housing site measuring ……………………..sq. meters detailed below.
       The allottee paid Rs………....as premium to the committee through the receipt no…....… dated…………...Village……………..Pargana…………….Tahsil …………District………. .
       Khasra number of the plot Area Boundaries
        South
       North
       East
      

R.C.FORM.19 Information to Assistant Collector required by section 67(1) regarding plot

       [See Rule-66]
       Information to Assistant Collector required by section 67(1) regarding plot
       no………..area……………of the Village……….………… Pargana……….……..… Tahsil……..…….…….. District……………………..
       To,
       The Assistant Collector/Tahsildar
       Tahsil ……………………..
       District……………………
       Sir,
       Sri…………………..………..S/o…………………………….R/o Village…..……………. Pargana ………………. Tahsil…………. District…………..has wrongfully occupied or has caused or is causing damage to, or misappropriation of, the property entrusted to the Gram Panchayat /local authority ………………..specified below :-
       (

R.C.FORM.20 .

       [See Rule-67(2) and 67(5)]
       In the Court of Assistant Collector/Tahsildar………………
       Tahsil…………..District…………
       Case No………….of………….….
       Gram Panchayat/Local Authority…………
       Versus
       ……………………………………………
       To,
       Sri……………………
       S/o………………………
       R/o………………………
       Whereas I am satisfied from the report/information dated…………..of the Chairman/ member/secretary of the Land Management Committee…………/………….…….(name & address of other informant)/…………… (name of the local authority) tha

R.C.FORM.21 Register showing details of the amount ordered to be realized on account of damages and compensation awarded in proceedings under section 67 of the Code

       [See Rule-67(8)]
       Register showing details of the amount ordered to be realized on account of damages and compensation awarded in proceedings under section 67 of the Code
       Tahsil………..…….District………………..
       Sl. No. Case number and year Names of parties Date of order Amount ordered to be realized Amount realized
        Remarks
       1 2 3 4 5 6 7


R.C.FORM.22 Counterpart of the lease to be executed by bhumidhar with non-transferable rights

       (See Rules-80 and 122)
       Counterpart of the lease to be executed by bhumidhar with non-transferable rights
       I………………..S/o………………………….R/o………………….……………………………Circle………………….Tahsil……………………………district…………………………….have taken a lease of the land specified below from the Bhumi Prabandhak Samiti of……………………..as bhumidhar with non-transferable rights with effect from …………on an annual land revenue of Rs………….payable in following installments:-
       (a) Fifty percent payable on 15 November
       (b) Fifty percent payable on 1st May
       Details of land
       Name of village ......................................................
       Pargana…………………………..............

R.C.FORM.23 Counterpart of the lease to be executed by asami

       (See Rules-80 and 122)
       Counterpart of the lease to be executed by asami
       I………………..s/o………………………….r/o………………….……………………………Circle………………….Tahsil……………………………district…………………………….have taken a lease of the land specified below from the Bhumi Prabandhak Samiti ……………………..,as an asami with effect from …………on an annual rent of Rs………….payable in following installments:-
       (a) Fifty percent payable on 15 November
       (b) Fifty percent payable on 1st May
       May Details of land
       Name of village .......................................
       Pargana………………………….............
       Tahsil ...............................

R.C.FORM.24 Zamabandi of asami of Gram Sabha

       (See Rules-80 and 81)
       Zamabandi of asami of Gram Sabha
       Village…………………Pargana……………..Tahsil……………District……………
       DEMAND
       Serial No. Name, parentage of asami (with address) No. of khata khatauni Demand for kharif/Rabi (Fasli) Arrears of last fasli (including suspended rent to be collected in current fasli
       1 2 3 4 5
       DEMAND
       Total for Kharif/Rabi
       (Fasli) Remissions Suspension Other causes including excess collection of last fasli Total
       6 7 8 9 10
       DEMAND
      &n

R.C.FORM.25 Before the Sub-Divisional Officer

       [See Rule-85(1)]
       Before the Sub-Divisional Officer
       ………………………..Tahsil
       …………………………District
       Application for declaration under section 80(1) of the U.P. Revenue Code, 2006.
       1. Name of the Applicant: …………………………………………….
       2. Parentage and Address: ……………………………………………..
       3. Particulars of the holding (Khata Khatauni No., Area, Village, Tahsil etc. ………………………………………………..
       4. Land Revenue payable. …………………………….
       5. Area of the holding used for non-agricultural purpose. ………………………………
       6. Specific non-agricu

R.C.FORM.26 Before the Sub-Divisional Officer

       (See Rule-89)
       Before the Sub-Divisional Officer
       ………………..Tahsil
       ………………..District
       Application for cancellation of declaration under section 82 of the U.P. Revenue Code, 2006
       1. Name of the Applicant:…………………………………………………………
       2. Parentage and Address: …………………………………………………………
       3. Particulars of the holding (Khata Khatauni No., Area, Village, Tahsil etc. …………………………………………………………
       4. Land Revenue payable. …………………………………………………………
       5. Area of the holding used for non-agricultural purpose. ………………………………
       

R.C.FORM.27 Application by a bhumidhar with transferable rights belonging to a Scheduled Caste for permission to transfer(by sale/gift/bequeath by will) his land in favour of a person not belonging to a Scheduled Caste.

       [See Rule-99(1)]
       Application by a bhumidhar with transferable rights belonging to a Scheduled Caste for permission to transfer(by sale/gift/bequeath by will) his land in favour of a person not belonging to a Scheduled Caste.
       To
       The Collector, ……………………
       Sir,
       I…………, son of Sri/late…………., resident of Village …………..., Tahsil ………….., District…………………, state as follows:
       1. That I am a Bhumidhar with transferable rights and belong to a Scheduled Caste known as ……………………
       2. The details of the total area of land held by the applicant as Bhumidhar in Uttar Pradesh are given in Schedule-I appended hereto.
   &nbs

R.C.FORM.28 Application by a bhumidhar belonging to a Scheduled Caste for permission to mortgage his interest in land in favour of a person not belonging to a Scheduled Caste.

       [See Rule-99(2)]
       Application by a bhumidhar belonging to a Scheduled Caste for permission to mortgage his interest in land in favour of a person not belonging to a Scheduled Caste.
       To
       The Collector,…………………
       Sir,
       I………………, son of Sri/late……………., resident of Village…………..., Tahsil………….., District…………………, state as follows:
       1. That I am a Bhumidhar and belong to a Scheduled Caste known as ……………………
       2. That details of the total area of land held by the applicant as Bhumidhar in Uttar Pradesh are given in Schedule-I appended hereto.
       3. That I desire to mortgage my interest in respe

R.C.FORM.29 Application by a bhumidhar/asami, referred to in section 98(1) and belonging to a Scheduled Caste for permission to let out his land to a person not belonging to a Scheduled Caste.

       [See Rule-99(3)]
       Application by a bhumidhar/asami, referred to in section 98(1) and belonging to a Scheduled Caste for permission to let out his land to a person not belonging to a Scheduled Caste.
       To
       The Collector,………………..
       Sir,
       I………………, son of Sri/late……………., resident of Village…………..., Tahsil………….., District…………………, state as follows:
       1. That I am a bhumidhar/asami referred to in section 98(1) and belong to a Scheduled Caste known as ……………………
       2. That I desire to let out the land specified in the Schedule appended hereto, of which I am a bhumidhar/asami to Sri ……………..son of Sri ……………., resident of Village…………………, Tah


Legal Commentary on UTTAR PRADESH REVENUE CODE RULES, 2016 - Section R.C.FORM.29

Introduction

The Uttar Pradesh Revenue Code Rules, 2016, provide a comprehensive framework for the management and regulation of land revenue in the state. Among these rules, R.C.FORM.29 pertains to the reporting of ownership transfer of land, particularly in cases of succession.

What does Section Says

Section R.C.FORM.29 outlines the procedure for reporting the transfer of ownership of land due to succession, including the necessary documentation and the parties involved in the process.

Essential Ingredients

  • Application Requirement: The section mandates that an application must be submitted for the mutation of land ownership.
  • Exclusion of Deceased: It specifies that the deceased individual should not be included as an opposite party in the application for mutation based on will or intestate succession.

Scope of Section

The scope of this section is primarily focused on the procedural aspects of land ownership transfer due to succession, ensuring that the process is streamlined and legally compliant.

Punishment for Section

While specific punitive measures for non-compliance with R.C.FORM.29 are not explicitly detailed, failure to adhere to the prescribed procedures may lead to legal repercussions, including potential delays in the transfer process.

Legal Comments

  • Application Requirement - The necessity of submitting an application for mutation ensures that all transfers are documented and legally recognized. -
  • Exclusion of Deceased - By not including the deceased as an opposite party, the section simplifies the process for heirs, reducing potential legal complications. -
  • Legal Framework - The rules provide a structured approach to land revenue management, which is crucial for maintaining order in property transactions. -
  • Succession Clarity - The section clarifies the process of land transfer in cases of succession, which is vital for heirs to secure their rights. -
  • Documentation Importance - Emphasizing the need for proper documentation helps prevent disputes and ensures transparency in land ownership. -
  • Potential Delays - Non-compliance with the application process may lead to delays in the transfer of ownership, affecting the rights of successors. -
  • Legal Compliance - Adhering to the rules set forth in R.C.FORM.29 is essential for legal compliance in property transactions. -
  • Role of Authorities - The involvement of competent authorities in the mutation process ensures that the transfer is conducted fairly and justly. -
  • Impact on Heirs - The provisions of this section directly impact the rights of heirs, facilitating smoother transitions of property ownership. -
  • Judicial Interpretation - Courts may interpret this section in light of existing legal precedents, influencing future applications and rulings. -
  • Public Awareness - Increased awareness of these rules among the public can lead to better compliance and fewer disputes regarding land ownership. -
  • Legal Recourse - In cases of disputes arising from non-compliance, affected parties may seek legal recourse through the appropriate channels. -
  • Administrative Efficiency - The structured approach of R.C.FORM.29 aims to enhance administrative efficiency in handling land ownership matters. -
  • Future Amendments - The evolving nature of land laws may lead to future amendments in this section, reflecting changing societal needs. -
  • Interplay with Other Laws - This section interacts with other legal provisions governing property and succession, creating a comprehensive legal framework. -
  • Importance of Legal Advice - Individuals involved in succession should seek legal advice to navigate the complexities of R.C.FORM.29 effectively. -
  • Community Impact - The effective implementation of these rules can positively impact community stability by clarifying land ownership issues. -
  • Historical Context - Understanding the historical context of land laws in Uttar Pradesh can provide insights into the rationale behind these rules. -
  • Equity Considerations - The rules aim to promote equity in land ownership transfers, particularly in cases of intestate succession. -
  • Administrative Discretion - Authorities may exercise discretion in interpreting and applying these rules, which can lead to variability in outcomes. -

R.C.FORM.30 List of persons desirous of being admitted under section 125 of U.P. Revenue Code, 2006, whose requests were considered by the Bhumi Prabandhak Samiti of village ............................................................................ at its meeting dated…

       (See Rule-119)
       List of persons desirous of being admitted under section 125 of U.P. Revenue Code, 2006, whose requests were considered by the Bhumi Prabandhak Samiti of village ............................................................................ at its meeting dated………….
       Serial No. Name of persons (desirous of being admitted) along with parentage Addresses of persons referred to in column 2 Details of land already held by applicant and his family members
        Khasra No. of plots Area Village, Pargana and Tahsil Class of tenure Land Revenue or rent
       1 2 3 4 5 6 7 8
       Certified that the above particulars are correct.
       Lekhpal/Secretary
   &nbs

R.C.FORM.31 .

       [See Rule-120(1)(a)]
       List of persons selected for settlement of land as bhumidhar with non-transferable rights or asami by Bhumi Prabandhak Samiti of Village……………. Pargana…………………Tahsil……………..District…………………….at its meeting held on….…………….
       (1) Date of making announcement for the meeting under rule 119 ………………….
       (2) No. of applicants appearing before the Samiti in the said meeting ………………….
       (3) Details of land proposed to be allotted ………………….
       Village .................................................................
       Plot No ...............................................................
       Area ..............................

R.C.FORM.32 Certificate of admission to land as an asami

       [See Rules-120, 121 and 122]
       Certificate of admission to land as an asami
       I, …………………..Chairman, of the Bhumi Prabandhak Samiti………………………. circle…………………. Tahsil………………… district…………………. certify that the said Samiti has admitted Sri……….……………….. S/o……………………………. R/o ………………………….. to the land specified below as an asami with effect from……………. at an annual rent of Rupees………… payable in following installments-
       (a) fifty percent of the amount by 15 November.
       (b) fifty percent of the amount by 1st. May.
       Details of the land
       Name of Village ................................................Pargana ...................................................... Tahsil...................

R.C.FORM.33 Certificate of admission to land as bhumidhar with non-transferable rights

       [See Rules-120, 121 and 122]
       Certificate of admission to land as bhumidhar with non-transferable rights
       I, ………………………..Chairman, of the Bhumi Prabandhak Samiti………………………. circle…………………. Tahsil………………… district…………………. certify that the said Samiti has admitted Sri……………….. S/o……………………. R/o………………………….. to the land specified below as bhumidhar with non-transferable rights with effect from……………. at an annual rent of Rupees………… payable in following installments-
       (a) fifty percent of the amount by 15 November.
       (b) fifty percent of the amount by 1st. May.
       Details of the land
       Name of Village ……....................................... Pargana ................................

R.C.FORM.34 Register showing the holdings for which relief on account of agricultural calamities (class I) was sanctioned

       [See Rule-136(6)]
       Register showing the holdings for which relief on account of agricultural calamities (class I) was sanctioned
       Tahsil……………….Pargana……………..Village…………………...
       Serial no. Number of khata khatauni Total area of holding Land revenue Area affected
       1 2 3 4 5
       Land revenue remitted Year of remission Year in which remission cancelled or modified Amount Remarks
       6 7 8 9 10


R.C.FORM.35 Receipt for Land Revenue

       (See Rule-139)
       Receipt for Land Revenue
       Counterfoil (A) Receipt (B) Coupon(C)
       1. Book Number 1. Book Number 1. Book No.
       2. Receipt Number 2. Receipt Number 2. Receipt No.
       3. Name of Village 3. Name of Village 3. Name of Village
       4. Number of Zamabandi Khata 4. Number of Zamabandi Khata 4. Name and parentage of payee
       5. Name and parentage of payee 5. Name and parentage of payee 5. Amount paid
       6. Date of collection 6. Date of collection 6. Date of collection.
       7. Amount paid-
       (i) In figur

R.C.FORM.39 Proclamation of Sale of Movable Properties

       [See Rule-151(1)]
       Proclamation of Sale of Movable Properties
       Case No………………of……………..
       (Name of parties)
       Whereas the movable properties specified below were allotted on…………and the defaulter Sri……………........S/o…………………R/o……………………….has failed to pay the arrears specified below within 30 days from the date of attachment;
       And whereas, this court has directed for the sale of the said properties;
       Notice is, therefore, given that the said properties shall be sold by public auction on…………….at……………….O'clock at……………(place of sale) on the following terms and conditions:-
       (1) The highest bidder at the auction shall be declared to be

R.C.FORM.40 .

       (See Rule-153)
       Sub-Divisional Officer ......................
       Case No ...........................................
       Date: ................................................
       To
       The Branch Manager,
       ……………………….
       ………………..Branch
       ………………………..
       Whereas a sum of Rs………….….…. (in words………………………………..) is due on account of arrears of land revenue from Sri ……………………………………..…….. R/o ………………………………………………… who is a defaulter.
       And whereas the said defaulter has opened Account No. ………….. and has hired a Locker No…

R.C.FORM.41 Attachment of land and other Immovable Properties

       (See Rules-158 and 162)
       Attachment of land and other Immovable Properties
       Case No………………of ……………..
       To,
       Sri……………………………………
       (Name and address of defaulter)
       Whereas you have failed to pay the amount of land revenue or sum recoverable as arrears of land revenue specified below;
       You are hereby informed that the property specified below has been attached and you are further prohibited and restrained from transferring or creating charge on such property by sale, gift or otherwise and all other persons are also prohibited and restrained from receiving the said property by sale, gift or otherwise.
    &nb

R.C.FORM.42 Form of lease under section 175 of the Code

       (See Rules-160 and 163)
       Form of lease under section 175 of the Code
       This INDENTURE made this day of…………………..between the Sub-Divisional-Officer…………………….district………………………………(hereinafter called the lessor) of the one part, and Sri………………S/o…..…………R/o………….…………… (hereinafter called the lessee) of the other part.
       Whereas the land described below is to be let out under section 175 of the U.P. Revenue Code, 2006 on account of arrears of land revenue or sum recoverable as such.
       And whereas the lessee has applied for the cultivation of the land described below and the lessor has agreed to let it out on the terms and conditions hereinafter appearing;
       Now, this indenture witnessed that in consideration of the sum of R

R.C.FORM.43 Proclamation of Sale of Land and Other Immovable Properties

       (See Rules-161 and 163)
       Proclamation of Sale of Land and Other Immovable Properties
       Case No………………… of……………
       (Names of Parties)
       Whereas the land/other immovable properties specified below were attached on….……………...and the defaulter Sri…..…………………. S/o….……………….…… R/o……………… has failed to pay the arrears specified below;
       AND whereas, this court has directed for the sale of the said land/other immovable properties of the said defaulter;
       Notice is, hereby, given that the said land/other immovable properties specified below shall be sold by public auction on…………..at…………………O'clock at……………. (place of sale) on the following terms and conditions :-
   &nbs

R.C.FORM.44 .

       (See Rule-176)
       Office of the Collector, district.................
       (Case No……….. of………..)
       (…………………versus….…………….)
       This is to certify that Sri………………S/o…………………….R/o……………………. was declared the purchaser of the property described below at an auction sale held under Chapter XII of the U.P. Revenue Code, 2006.
       Date of auction:……………………………….
       Date of confirmation of sale ………………….
       Sale consideration …………………………….
       Detail of Property
       …………………………….
       …………………………….
      &

B.P.S. FORM1 REGISTER OF PROPERTY OF GRAM PANCHAYAT

       [See Rule-80]
       REGISTER OF PROPERTY OF GRAM PANCHAYAT
       1. NAME OF CIRCLE OF GRAM PANCHAYAT
       (Names of villages along with the circle of Gram Panchayats
       ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
       2. Table 1
        Areas not vested Areas vested
       Population Fasli year Holdings and groves Uncultivated area besides holdings and groves Total of cols, 3 and 4 Which is with asamis Forest and waste land
       1 2 3 4 5 6 7
       Areas vested
       Pasture

B.P.S. FORM2 Tahsil Register of land to be leased in possession of Bhumi Prabandhak Samiti

       [See Rule-80]
       Tahsil Register of land to be leased in possession of Bhumi Prabandhak Samiti
       Name of Village…………................Name of Bhumi Prabandhak Samiti………………
       Plot No. Land available for allotment from land vested under section 117 of U.P. Z.A. and L.R. Act, 1950 or under section 59 of the U.P. Revenue Code, 2006 commencing Fasli year Date and Order No. by which other land made available to Bhumi Prabandhak Samiti Post of that officer who has passed order mentioned in column 4 Date of receiving order in Tahsil
        Plot No. Area
       1 2 3 4 5 6
       Plot No. Area Land revenue at the Circle's rate Signature of Lekhpal to certify that he has covered in the Property R

B.P.S. FORM3 Statement of land leased by Bhumi Prabandhak Samiti in Fasli year 20....,

       [See Rule-80]
       (To be sent to Collector through Tahsildar)
       Statement of land leased by Bhumi Prabandhak Samiti in Fasli year 20....,
       Serial No. Name of Village Area of land available to be leased on the commencement of Fasli year Area of land possessed by Bhumi Prabandhak Samiti with in the year Total Area (Column No. 3+4) Area of land leased within the year
       1 2 3 4 5 6
       land revenue Area of land available to be leased now First date of land vested shown in column 6/when land came in possession of Bhumi Prabandhak Samiti
       7 8 9
       


B.P.S. FORM4 Detail of land to be leased on the year expired on 30th September, 20 ….to Bhumidhar with non-transferable rights/Asami Tenure-holders

       [See Rule-80]
       [Detail of land to be leased on the year expired on 30th September, 20 ….to Bhumidhar with non-transferable rights/Asami Tenure-holders
       District………………………………
       Area of land to be leased (in Hectares)
       At the commencement of year under review Area of land in the year expired resulting from rights obtained under section 194 (A) & (B) of U.P. Zamindari Abolition and Land Reforms Act or under section 124 of the U.P. Revenue Code, 2006 Total
       (A) (B) (C)
       1
       Form
       Area of land leased on year under review…………..
       Number of leases

B.P.S. FORM5 Should be sent to Beard of Revenue by the Collector on each 15th September of the year Statement of land leased by the Bhumi Prabandhak Samiti

       [See Rule-80]
       Should be sent to Beard of Revenue by the Collector on each 15th September of the year
       Statement of land leased by the Bhumi Prabandhak Samiti
       District .................
       Year of cultivation of 20.….Fasli
       Serial No. Name of Tahsil Area of the land acquired to be leased on the very beginning of the Fasli year Area of land came under the possession of the Bhumi Prabandhak Samiti with in the year Total area (Column 3+4)
       1 2 3 4 5
       Area of the land leased within the year Land revenue Area which is still to be leased (Colum No. 5+6) Reason for the land to be leased shown in Column 8 in brief
  &nb

B.P.S. FORM6 PROCEEDINGS BOOK

       Date Name of members present Business transacted Signatures or thumb impression of the members present
       1 2 3 4


B.P.S. FORM7 Permit of Cutting of Trees

       [See Rule-80]
       Permit of Cutting of Trees
       Permission is hereby given with the prior permission of the Prescribed Authority to fuel or to cut for any other purpose and remove the following trees situated in grove or grove land in plot no…………of Village………….Pargana…………….Tahsil…………….. District………………………under the terms and conditions mentioned below to ……………..son/daughter/wife of………………………resident of village……………….Pargana……………………Tahsil ………………District…............
       List of trees Length and width of the trees Estimated quantity of wood for the purpose of fuel or for any usage Remarks
       1 2 3 4
       Chairman
       Bhumi Prabandhak Samiti
       Gra

B.P.S. FORM8 DEMAND AND COLLECTION REGISTER

       [See Rule-80]
       DEMAND AND COLLECTION REGISTER
       Demand Collects
       Serial No. Description of demand Name and address of the debtor Amount Arrears of previous year, if any Total demand Remission of amount Date of payment No. of receipt No. and date of order Remission of amount Signature of the Chairman Remarks
       1 2 3 4 5 6 7 8 9 10 11 12 13


B.P.S. FORM9 CERTIFICATE FOR RECOVERY OF GRAM PANCHAYAT's DUES

       [See Rule-80]
       CERTIFICATE FOR RECOVERY OF GRAM PANCHAYAT's DUES
       District ........................... Tahsil ............................ Pargana………………………..
       Name of Gram Panchayat Name and address of the defaulter Total amount obtainable
        Amount realised
        Outstanding amount (Col. 3 minus Col. 4) (Both in words and figures) Nature of dues Remarks
       1 2 3 4 5 6 7
       Forwarded to the Collector………………………………………………... for recovery as arrears of land revenue under section 142 of the U.P. Revenue Code, 2006 (U.P. Act No.8 of 2012).
       Chairman
       Bh

B.P.S. FORM10 Receipt Book

       [See Rule-80]
       Receipt Book
       Receipt No………………………………Dated…………………….Received from Sri………………………………………Son of Sri……………………………….resident of.………………………..…., the sum of (in words) received in the head of………………………..…………………
       Rs. ………. P. ………
       Seal
       Signature of Chairman Receipt No………………………………Dated…………………….Received from Sri…………………………………Son of Sri…………………………………….resident of..…………………………………..the sum of (in words) received in the head of………………………..………………
       Rs. ……… P. ……
       Seal
       Signature of Chairman


B.P.S. FORM11 Cash Book

       [See Rule-80]
       Cash Book
       Realizations Deposited in the Gram Fund
       Serial No. Date Nature of realization Amount
        Progressive total Signature of the Chairman Amount deposited (in Rs.) Date of deposit Progressive total for deposits made Signature of Chairman Date of withdrawal Amount withdrawn Amount survived in Gram Fund
        Signature of the Chairman Remarks
       1 2 3 4 5 6 7 8 9 10 11 12 13 14 15


B.P.S. FORM12 Register of Expenditure

       [See Rule-80]
       Register of Expenditure
       Realizations Expenditure
       Serial No. Date Balance brought forward Amount, received from the Gram Fund Total of Cols. 3 and 4 Signature of the Chairman Serial No. Date Own what account Amount spent Date and Number of receipt Balance in hand Signature of the Chairman
        Remarks
       1 2 3 4 5 6 7 8 9 10 11 12 13 14


SupremeToday Portrait Ad

Enter the Future of Legal Excellence with SupremeToday AI

Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.

experience-legal
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top