UTTAR PRADESH REVENUE CODE, 2006
(1) This Act may be called the Uttar Pradesh Revenue Code, 2006.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such date as the State Government may, by notification, appoint, and different dates may be appointed for different areas or for different provisions of this Code.
The provisions of this Code, except Chapters VIII and IX shall apply to the whole of Uttar Pradesh, and Chapters VIII and IX shall apply to the areas to which any of the enactments specified at serial numbers 19 and 25 of the First Schedule was applicable on the date immediately preceding their repeal by this Code.
(1) Where after the commencement of this Code, any area is added to the territory of Uttar Pradesh, the State Government may, by notification, extend the whole or any provision of this Code, to such area.
(2) Where any notification is issued under sub-section (1), the provisions of any Act, rule or regulation in force in the area referred to in the said sub-section, which are inconsistent with the provisions so applied, shall be deemed to have been repealed.
(3) The State Government may, by a subsequent notification, amend, modify or alter any notification issued under sub-section (1).
In this Code, -
(1) "abadi" or "village abadi" means such area in a village which, on the date of commencement of this Code, is being used for the purposes of residence of its inhabitants or for purposes ancillary thereto such as sahan and green trees wells etc. or which may have been or be hereafter reserved for such use;
(2) "agriculture" includes horticulture, animal husbandry, pisciculture flower farming, bee keeping and poultry farming;
(3) "agricultural labourer" means a person whose main source of livelihood is manual labour on agricultural land;
(4) "bank" shall have the meaning assigned to it in the Uttar Pradesh Regulation of Money Lending Act, 1976;
(5) "Bhumi Prabandhak Samiti" means a Bhumi P
For the purposes of this Code, the State shall be divided into revenue areas comprising divisions which may consist of one or more districts, and each district may consist of one or more tahsils and each tahsil may consist of one or more pargana, and each pargana may consist of two or more villages.
(1) The State Government may, by notification, specify -
(i) the districts which constitute a division;
(ii) the tahsils which constitute a district;
(iii) the villages which constitute a tahsil.
(2) The State Government may, by notification, alter the limits of any revenue area referred to in sub-section (1) by amalgamation, re-adjustment, division or in any other manner whatsoever, or abolish any such revenue area and may name and alter the name of any such revenue area, and in any case where any area is renamed, then all reference in any law or instrument or other document to the area under its original name shall be deemed to be references to the area as renamed unless expressly provided otherwise :
P
(1) There shall be a Board of Revenue for Uttar Pradesh consisting of a Chairman and such other members as the State Government may, from time to time, appoint:
Provided that the Board as constituted and functioning immediately before the commencement of this Code shall be deemed to be Board constituted under this section.
(2) The principal scat of business of the Board shall be at Lucknow and the judicial member may hold their Courts at Allahabad or Lucknow as the Chairman from time to time directs.
(3) No person shall be qualified for appointment as -
(a) an Administrative Member of the Board, unless he has held an office not lower in rank than that of a Commissioner.
(b) as Judicial Member of the Board
(1) The Board shall be the Chief Controlling Authority -
(a) in all matters relating to disposal of cases, appeals, references or revisions, and
(b) subject to the superintendence, direction and control of the State Government, in all other matters provided in this Code.
(2) Subject to the provisions of sub-section (1), the Board, shall exercise, perform and discharge powers, functions and duties conferred upon it by or under this Code or any other law for the time being in force.
(3) The State Government may authorize any member of the Board to exercise, perform and discharge cither generally or in respect of any particular locality or matter, all or any or the powers, functions and duties conferred or imposed on the Board.
(1) Subject to such rules or orders as the Slate Government may make or issue, the Board may distribute its business amongst its member as the Board may deem fit. Chairman may constitute bench or benches consisting of more than one member for disposal of a particular case or class of cases.
(2) All orders made or decrees passed by a member of the Board in accordance with such distribution shall be deemed to be orders or decrees, as the case may be, of the Board.
(1) Where any proceeding coming under the consideration of the Board on appeal or in revision is heard by a Bench composed of two or more members, the case shall be decided in accordance with the opinion of such members or of the majority, if any, of such members.
(2) Where the members of the Board constituting the Bench are equally divided in opinion as to the decision of a case, it shall be heard by a larger Bench to be constituted by the Chairman, and the case shall be decided in accordance with the opinion of the members constituting such Bench or of the majority, if any, of such members.
(3) All decisions given by a member sitting singly, or by a Division Bench comprising two members or a larger Bench constituted as aforesaid shall be deemed to be decisions of the Board.
(1) The State Government shall appoint in each division a Commissioner, who shall, within his division, exercise the powers and discharge the duties conferred and imposed on a Commissioner by or under this code or any other law for the time being in force.
(2) The State Government may appoint one or more Additional Commissioners in one or more Divisions.
(3) An Additional Commissioner shall exercise such powers and discharge such duties of Commissioner in such cases or classes of cases as the State Government or, in the absence of any direction from the State Government, the Commissioner of the division may direct.
(4) The provisions of this Code and every other law for the time being applicable to a Commissioner shall apply to the Additional 'Commissioner when exercising powers or discharging
(1) The State Government shall appoint, in each district, a Collector who shall be in charge of the revenue administration thereof and shall exercise all the powers and discharge all the duties conferred and imposed on a Collector by or under this Code or any other law for the time being in force.
(2) The State Government may appoint one or more Additional Collectors in a district.
(3) An Additional Collector shall, subject to the direction and control of the Slate Government or of the Collector, exercise all powers and discharge all duties of Collector.
(4) The provisions of this Code and every other law for the time being applicable to the Collector shall apply to the Additional Collector when exercising powers or discharging any duties under this section as if he were the Collector of the d
(1) The State Government may appoint in each district as many persons as it thinks fit to be Assistant Collectors.
(2) The State Government may place an Assistant Collector in charge of one or more sub-divisions of a district, and such an officer shall be called the Assistant Collector-in-charge of a sub-division or a Sub-Divisional Officer.
(3) The officers referred to in sub-section (1) or sub-section (2) shall exercise all the powers and discharge all the duties conferred and imposed upon them by or under this Code or any other law for time being in force, subject to the control of the Collector.
(4) The State Government may designate an Assistant Collector appointed to a district to be an Additional Sub-Divisional Officer for one or more tahsils of the district.
(1) The State Government may appoint in each district as many persons as it thinks fit to be Tahsildars and Tahsildar Judicial.
(2) Subject to the provisions of this Code, the Tahsildar and Tahsildar Judicial shall exercise such powers and discharge such duties as the State Government or the Board, and in the absence of any directions from the State Government or the Board, the Collector may direct.
The State Government may appoint in each district as many persons as it thinks fit to be Naib-Tahsildar who shall exercise the power and perform the duties conferred or imposed on them by or under this Code or under any other law for the time being in force.
(1) The Collector may appoint in each tahsil one or more Revenue Inspector for the proper supervision, maintenance and correction of the village records, and for such other duties as the State Government may, from time to time, by general or special order specify.
(2) The Collector may appoint in each tahsil, as many Lekhpals for the preparation, maintenance and correction of the village records, and for such other duties as the State Government may from time to time by general or special order, specify.
It shall be lawful for the State Government or the authority competent to appoint, as the case may be, to appoint one and the same person, being otherwise competent according to law for any two or more of the offices, provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as it may deem expedient.
(1) The Collector may in cases in which there is claim outstanding on any revenue officer or on any person formerly employed as such in his district for public money or papers or other property of the State Government in his charge, by order, for reasons to be recorded, require the money, or the particular papers or property detained to be delivered either immediately to the bearer of the said order or to such person on such date and at such place as the order may specify.
(2) If the officer or other person aforesaid does not comply as directed the Collector may cause him to be apprehended and may send him with a warrant in the prescribed form to be confined in the civil prison till he complies with the orders :
Provided that no person shall be detained in confinement by virtue of any such warrant for a period longer than thirty days.
(1) When any power is exercisable or any duty is dischargeable by any officer or authority under this Code, such power or duty may be exercised or discharged by any superior officer or authority as well.
(2) The Revenue Officers appointed under this Code shall, subject to the control of the State Government, exercise such other powers and discharge such other duties as the State Government may, by any general or special order direct.
(1) Boundaries of all villages in the State and of all survey numbers in a village shall be fixed and demarcated by boundary marks.
(2) The boundary marks shall, subject to the provisions hereinafter contained in this Chapter be of such specifications and shall be constructed and maintained in such manner as may be prescribed.
Section 20 of the Uttar Pradesh Revenue Code, 2006, falls under Chapter IV, which governs "Boundaries and Boundary Marks." This section is pivotal in the state's land administration framework, shifting the paradigm from static revenue records to dynamic, physical verification of land ownership limits. It empowers revenue authorities to define the territorial expanse of villages and survey numbers, ensuring that revenue collection and land disputes are resolved based on current ground realities rather than outdated records.
Section 20(1) mandates that the boundaries of all villages in the State of Uttar Pradesh and all survey numbers within a village shall be fixed and demarcated by specific boundary marks. It establishes a legal duty to physically identify the limits of cadastral units. Section 20(2) specifies the nature of these marks, requiring them to be substantial and permanent where possible, though it allows for boundary descriptions if physical marking is not feasible. Section 20 also implicitly introduces the concept that these demarcations are the primary evidentiary basis for determining land ownership and boundaries in subsequent proceedings.
The scope of Section 20 extends to the total geographical delineation of rural administrative units. It interacts directly with Section 24, which deals with disputes regarding boundaries. A key finding in legal commentary is that Section 20 provides the foundational data for Section 24 proceedings; if boundaries are not fixed under Section 20, claims of encroachment or title disputes under Section 24 or Section 67 cannot be definitively adjudicated. It also intersects with the concept of "Haqobvahad" (rights of occupancy), where the fixed boundaries determine what constitutes encroachment.
The primary source provided () indicates that Section 20 itself does not prescribe a specific penalty or punishment for non-compliance regarding the fixation of boundaries or false claims of village status. However, it notes that:* The imposition of penalties under related sections (Chapter XV, Sec 226-229) bars prosecution for no other offence or recovery of government property under certain conditions, suggesting a specialized penalty regime exists elsewhere in the Code.* Violations related to obstructions on public roads (often adjacent to fixed boundaries) attract penalties under Section 225 (Penalty for encroachment on public road).* Failure to comply with Section 20 may render subsequent revenue orders perverse if they rely on unfixed boundaries, leading to remand in writ petitions, though this is procedural correction rather than a statutory penalty.
(1) Every tenure-holder shall be responsible to maintain and repair at his cost the boundary marks lawfully erected in his holding or on the boundary thereof.
(2) The Gram Sabha shall be responsible to maintain and repair as its cost the boundary marks, other than those mentioned in sub-section (1), lawfully erected in the villages situate within its jurisdiction.
Section 21 of the Uttar Pradesh Revenue Code, 2006, primarily governs the status, maintenance, and legal implications of boundary marks within land holdings. Historically, under the repealed Land Revenue Act of 1901, this section dealt with the punishment for destroying boundary marks. Although the specific text of the 2006 Code regarding "punishment" has been consolidated or amended, judicial interpretations establish that Section 21 creates a statutory obligation for tenure-holders to preserve boundary evidences. Recent case law (specifically within the High Court of Allahabad) frequently analyzes Section 21 alongside Section 20 (Demarcation) and Section 24 (Disputes) to resolve issues where boundary lines are contentious or where marks have been deliberately removed or obscured. The section serves as a foundational element in preventing land disputes by codifying the duty of care owed to public revenue records and private property lines.
While the full statutory text implies the obligation to maintain boundary marks, judicial pronouncements clarify its operational scope:* Primary Obligation: Section 21 mandates that every tenure-holder (Bhumidhar) is responsible for the maintenance and repair of boundary marks lawfully erected in their holding or on the boundary thereof at their own cost.* Liability for Destruction: The section (drawing from its predecessor in the 1901 Act) provides for penalties or actions against individuals who destroy, deface, or remove boundary marks.* Holistic Approach: In current legal practice, Section 21 is not viewed in isolation. It is often linked with Section 20 (which empowers the Sub-Divisional Officer to fix boundaries) and Section 24 (which allows for the settlement of disputes regarding boundaries). If boundary marks are destroyed, Section 21 triggers the mechanism under Section 20 for re-demarcation.
Based on the judicial ratio decidendi found in relevant precedents, the following elements constitute a violation or trigger the application of Section 21:* Existence of Lawful Marks: The boundary marks must be "lawfully erected," meaning they were established through proper revenue survey procedures (e.g., under the Consolidation of Holdings Act or Section 20 of the Revenue Code).* Status as Tenure-Holder: The duty to maintain lies specifically with the person recorded as the tenure-holder of the land involved.* Act of Damage or Neglect: There must be a physical act of destruction, defacement, or a negligent failure to repair worn-out marks when authority directs it.* Impact on Revenue Record: The destruction usually results in confusion regarding the extent of the holding, affecting the Khasra or Khatuani records.* Jurisdiction of Sub-Divisional Officer: When marks are damaged, the Sub-Divisional Officer acts as the competent authority to direct repairs or initiate proceedings under the Code rather than relying solely on civil courts.
The scope of Section 21 extends to various administrative and judicial scenarios:* Probationary Jurisdiction: Courts have interpreted that when a dispute arises due to missing or broken boundary marks, the matter is a "summary inquiry" matter for the revenue court, not a civil suit involving title, unless title itself is contested independently.* Police Support (Section 21 linked with Rule 22): The Sub-Divisional Officer, while enforcing boundary maintenance or demarcation related to Section 21/20, has the power to request police assistance for maintaining law and order, as seen in Rule 22 of the Revenue Code Rules, 2016.* Prevention of Harassment: The section acts as a deterrent against land encroachers who remove chaks (boundary pillars) to hide illegal occupation sites.* Repeal and Application: Despite the repeal of older Acts, Section 21 remains vital under the 2006 Code, ensuring that the legacy of boundary integrity is maintained even as the code consolidates previous laws into a single enactment.
While the specific penal clauses of the original 1901 Act are referenced in comparisons, the modern enforcement under the 2006 Code focuses on remedial actions rather than immediate criminal punishment for the act of destroying marks per se, unless it constitutes a separate criminal offense like criminal mischief:* Remedial Orders: The primary "punishment" is the direction by the revenue officer to restore the marks. Failure to comply can lead to fines or costs imposed by the revenue court.* Criminal Proceedings: In cases where the destruction of boundary marks is intentional and malicious, it is a vis-à-vis the Prevention of Damage to Public Property Act (for public lands) or general penal codes, but specifically under the Revenue Code, the remedy is usually civil/administrative unless coupled with criminal intent.* Mandatory Repairs: The most common judicial outcome is a mandate for the tenure-holder to repair the marks at their cost. If they fail, the authorities may do it and recover the cost.
(1) If any boundary mark lawfully erected in a Lekhpal circle is destroyed, removed or damaged, then the concerned Lekhpal shall be bound promptly to report the matter to the Naib-Tahsildar.
(2) The Naib-Tahsildar shall make an inquiry in respect of such report and shall submit its recommendation to the Sub-Divisional Officer.
(1) The Sub-Divisional Officer may, on receipt of the recommendations of the Naib-Tahsildar under Section 22, or otherwise, require a Gram Sabha in relation to a village and tenure-holder in relation to his holding, to erect or restore proper boundary marks or to repair or replace the same in such manner as may be prescribed.
(2) Where the Gram Sabha or a tenure-holder fails to erect, restore, repair or replace the boundary marks as required under sub-section (1), the Sub-Divisional Officer may cause such boundary marks to be erected, restored, repaired or replaced as the case may be, and recover the cost thereof from such Gram Sabha or the tenure holder in the manner prescribed.
(1) The Sub-Divisional Officer may, on his own motion or on an application made in this behalf by a person interested decide, by summary inquiry, any dispute regarding boundaries on the basis of existing survey map or, where the same is not possible in accordance with the provisions of the Uttar Pradesh Consolidation of Holding Act, 1953, on the basis of such map.
(2) If in the course of an inquiry into a dispute under sub- section (1), the Sub-Divisional Officer is unable to satisfy himself as to which party is in possession or if it is shown that possession has been obtained by wrongful dispossession of the lawful occupant, the Sub-Divisional Officer shall -
(a) in the first case, ascertain by summary inquiry who is the person best entitled to the property, and shall put such person in possession;
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for managing land revenue and related disputes in the state of Uttar Pradesh. Section 24 specifically addresses disputes regarding land boundaries, providing a mechanism for resolution through summary inquiry by designated authorities.
Section 24 of the Uttar Pradesh Revenue Code, 2006, outlines the procedure for resolving disputes related to land boundaries. It empowers the Sub-Divisional Officer (SDO) to conduct inquiries and make determinations based on existing survey maps or other relevant provisions.
The scope of Section 24 encompasses disputes specifically related to land boundaries. It does not extend to issues of title or ownership, which are to be resolved through civil courts. The provision aims to expedite the resolution of boundary disputes to maintain order and clarity in land ownership.
Section 24 does not prescribe specific punishments but establishes a procedural framework for resolving disputes. Non-compliance with the timelines or failure to conduct inquiries may lead to judicial intervention, as seen in various court rulings.
This commentary provides a comprehensive overview of Section 24 of the Uttar Pradesh Revenue Code, 2006, highlighting its significance in the context of land boundary disputes and the legal framework surrounding it.
In the event of any dispute arising as to the route by which a tenure-holder or an agricultural labourer shall have access to his land or to the waste or pasture land of the village (other than by the public roads, paths or common land) or as to the source from or course by which he may avail himself of irrigational facilities, the Tahsildar may, after such local inquiry as may be considered necessary, decide the matter with reference to the prevailing custom and with due regard to the convenience of all the parties concerned. He may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force at may be necessary and may recover that cost of such removal from the person concerned in the manner prescribed.
If the Tehsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Section 26 specifically addresses the removal of encroachments and obstacles on public utility lands, ensuring that public access and utility are preserved.
Section 26 empowers the Tehsildar to take action against any encroachments or obstructions that impede the use of public roads, paths, or common lands. It provides a mechanism for individuals to seek redress against illegal encroachments.
The scope of Section 26 is broad, covering various forms of encroachments on public utility lands. It applies to any individual or entity that obstructs public access to these lands, thereby ensuring the preservation of public utility.
While the specific punitive measures for violations of Section 26 are not detailed in the provided sources, it is indicated that failure to comply with orders under this section may result in fines or other legal consequences as per the overarching provisions of the Uttar Pradesh Revenue Code.
The Sub-Divisional Officer may call for the record of any case decided by the Tahsildar under Section 25 or 26, for the purpose of satisfying himself as to the legality or propriety of such decisions, and may, after affording opportunity of hearing to the parties concerned, pass such orders as he thinks fit.
No order made under this Chapter shall debar any person from establishing such right of easement or customary right as he may claim by a civil suit.
(1) The Collector shall prepare and maintain a register, in the form prescribed, containing list of all villages in his district and shall show therein -
(a) the areas which are liable to fluvial action;
(b) the areas which have precarious cultivation; and
(c) such other particulars as may be prescribed.
(2) The register shall be revised every five years or at such longer intervals as may be prescribed.
The Collector shall maintain, in the manner prescribed, a map and a field book (khasra) for each such village and shall cause tO be recorded therein, annually, or at such longer intervals as may be prescribed, all changes in the boundaries of the village or survey numbers, and shall also cause to be corrected any errors or omissions which are, from time to time, detected in such map or field book (khasra).
Section 30 of the Uttar Pradesh Revenue Code, 2006, is a vital provision that mandates the maintenance, correction, and updating of revenue maps and field books (Khasra). It ensures accuracy in land records, which is fundamental for land administration, dispute resolution, and revenue collection.
Section 30 primarily requires the Collector to:- Maintain accurate maps and field books for each village.- Record changes in boundaries or survey numbers periodically.- Correct any discrepancies in the revenue records, including maps and khasra, based on reports from revenue officials.- Conduct inquiries and pass orders for correction of maps and records as necessary.
The section itself does not specify direct penalties or punishments. However, any breach of the provisions, such as willful misreporting or obstruction in correction processes, may attract penalties under other provisions of the Uttar Pradesh Revenue Code, 2006, or related laws.
Note: The references are based on the provided sources, primarily the judgment and the text of Section 30, supplemented by related procedural rules and legal principles.
The Collector shall maintain, in the form and manner prescribed, a record of rights (Khatauni) for each village, which shall contain the following particulars, namely -
(a) the names of all tenure-holders together with survey numbers or plot numbers held by them and their areas;
(b) the nature or extent of the respective interests of such persons and the conditions or liabilities, if any, attaching thereto;
(c) the rent or revenue, if any, payable by or to any such person;
(d) particulars of all land (other than holdings) belonging to or vested in the State Government, Gram Sabha or a local authority.
(e) such other particulars as may be prescribed.
(1) Subject to the control of the Collector, the Sub-Divisional Officer the Tahsildar, or the Revenue Inspector shall record, in the manner hereinafter provided in this Chapter, all changes in the record of rights (Khatauni), the field book (Khasra) and the map that may take place, and all transactions that may affect any of the rights or interests recorded, and correct therein any error proved to have been made in the records previously prepared.
(2) No application for correction of error under sub-section (1) where is claim is based solely on possession as well as involving intricate question of title shall be maintainable.
(1) Every person obtaining possession of any land by succession shall submit report of such succession to the Revenue Inspector of the circle in which the land is situate in such form as may be prescribed.
(2) On receipt of a report under sub-section (1) or on facts otherwise coming to his knowledge, the Revenue Inspector shall -
(a) if the case is not disputed, record such succession in the record of rights (Khatauni);
(b) in any other case, make such inquiry as may appear to him to be necessary and submit his report to the Tahsildar.
(c) Any person whose name has not been recorded by Revenue Inspector or is aggrieved by the order passed by the Revenue Inspector under clause (a) or (b) may move an application before Tahsildar.
Section 33 of the Uttar Pradesh Revenue Code, 2006, primarily deals with the procedure for mutation of land records in cases of succession. It aims to regulate the process by which a person who acquires land through inheritance or succession reports such acquisition to the revenue authorities for updating land records. This section is crucial for establishing legal ownership and ensuring the accuracy of land records in the revenue system.
Note: The analysis is based on the available sources and typical legal interpretations of Section 33 of the Uttar Pradesh Revenue Code, 2006.
Every person obtaining possession of any land by transfer, other than transfer referred to in sub-section (3) of Section 33 shall report such transfer, in the manner prescribed, to the Tahsildar of the Tahsil in which the land as situate.
Explanation. - For the purposes of this section, the word transfer includes a family settlement or an exchange of holding or parts thereof.
(1) On the receipt of a report under Section 33 or Section 34, or upon facts otherwise coming to his knowledge, the Tahsildar shall issue a proclamation and make such inquiry as appears and -
(a) if the case is not disputed, he shall direct the record of rights (Khatuani) to be amended accordingly;
(b) if the case is disputed, he shall settle the same, as far as may be, by conciliation between the parties, and pass orders accordingly; and
(c) if the dispute is not settled by conciliation, he shall decide the dispute and direct the record of rights (Khatauni) to be amended accordingly.
(2) Any person aggrieved by an order of the Tahsildar under sub-section (1) may prefer an appeal to the Sub-Divisional Officer within a period of thirty days from the
(1) Notwithstanding anything contained in Section 34, where any document purporting to create, assign or extinguish any title to or any charge on land or in respect of which a record of rights (Khatauni) is prepared, is registered under the Indian Registration Act, 1908 the registering authority shall send intimation to the Tahsildar within whose jurisdiction such land is situate in such form and within such time, as may be prescribed.
(2) Notwithstanding anything contained in this Chapter, no order for correction of records under Section 32 and no order for recording succession under Section 33 and no amendment of record of rights (Khatauni) under Section 35 and no correction under Section 38 shall be recorded, unless the amount of land revenue due up-to-date in respect of the land to which such order relates has been deposited.
No suit or other proceeding shall lie in any revenue Court at the instance of any person obtaining possession of any land by succession or transfer, until he has made a report under Section 33 or Section 34, as the case may be.
(1) An application for correction of any error or omission in the map, field-book (Khasra) or record of rights (Khatauni) shall be made to the Tahsildar in the manner prescribed.
(2) On receiving an application under sub-section (1) or on any error or omission otherwise coming to his knowledge, the Tahsildar shall make such inquiry as may appear to him to be necessary, and refer the case along with his report to the Sub-Divisional Officer.
(3) The case shall be decided by the Sub-Divisional Officer after considering any objection filed before him or before the Tahsildar.
(4) Any person aggrieved by an order of Sub-Divisional Officer under sub-section (3) may prefer an appeal to the Commissioner within a period of thirty days from the date of such order, and the decision of the Commissioner sha
No order passed by a Revenue Inspector under Section 33, or by a Tahsildar under sub-section (1) of Section 35 or by a Sub-Divisional Officer under sub-section (3) of Section 38 or by a Commissioner under sub-section (2) of Section 35 or sub-section (4) of Section 38 shall debar any person from establishing his rights to the land by means of a suit under Section 144.
All entries in the village map field book (Khasra) and record of right (Khatauni) prepared in accordance with the provisions of this Code shall be presumed to be true, until the contrary is proved.
(1) Every time when a record of rights (Khatauni) is prepared under this Chapter, the Collector shall as soon as may be, cause to be supplied to every tenure-holders, a Kisan Bahi containing such particulars as may be prescribed.
(2) The Kisan Bahi shall be a consolidation pass-book for all the holdings held by a tenure-holder in the district.
(3) In the case of a joint holding, it shall be sufficient for the purpose of this section if Kisan Bahi is supplied only to such one or more of the recorded co-tenure-holders as may apply for it.
(4) The tenure-holder shall be liable to pay such cost for the Kisan Bahi and in such manner as may be prescribed.
(5) Every perso-n holding Kisan Bahi shall from time to time, be entitled, without any extra payment,
Every person whose rights, interests or obligations are required to be or have been entered in any record or register maintained under his Chapter shall be bound, on the requisition of any Revenue Officer engaged in compiling or revising such record or register, to furnish or produce for his inspection, within such time as may be specified, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.
(1) Whenever the State Government is of opinion that in any district or other local area, a revision of records or a re-survey, or both is necessary, it shall publish a notification to that effect, and thereupon such district or area shall be deemed to be under record operation or survey operation or both, as the case may be.
(2) The State Government may, by a subsequent notification, amend or cancel the notification issued under sub-section (1), or declare the operation to be closed.
(1) The State Government may appoint a Record Officer who shall be incharge of the record operation or the survey operation or both and may also appoint as many Assistant Record Officers as it may deem fit.
(2) The Assistant Record Officer shall, for so long as the notification under sub-section (1) of Section 43 is in force, exercise the powers conferred on him by this Code and shall discharge such other duties as may be entrusted to him by the Record Officer.
Where any district or other local area is under record or survey operation, the powers conferred by Sections 23 to 26 shall be exercised by the Record Officer.
When any district or other local area is under record operation, the Record Officer shall cause to be revised, for each village comprised therein, the field book (Khasra) and the record of rights (Khatauni).
When any district or other local area is under survey operation, the Record Officer shall cause to be prepared for each village comprised therein, a map, and thereafter, proceed to revise the field book (khasra) and the record of rights (khatauni).
When any local area is under survey operation the Record Officer may issue a proclamation directing all Gram Sabha and Bhumidhars to erect, within fifteen days such boundary marks, as he may think necessary to defined the limits of the village and fields and in default, he may cause such boundary marks to be erected, and the Collector shall recover the cost of their erection from the Gram Sabhas or Bhumidhars concerned.
(1) For revising the map and records under Sections 46 and 47, the Record Officer shall, subject to the provisions of sub-sections (2) to (8), cause to be carried out survey, map correction, field to field partal and test and verification of current record of rights (khatauni) in accordance with the procedure prescribed.
(2) After the test and verification of the current record of rights, the Naib-Tahsildar shall correct clerical mistakes and errors, if any, in such records, and shall cause to be issued to the concerned tenure-holders and other persons interested, notices containing relevant extracts from the current record of rights and such other records as may be prescribed showing their rights and liabilities in relation to land and mistakes and disputes discovered during the operations mentioned in sub-section (1).
(3) Any person to
After the revision of map or records in accordance with Section 49, the Assistant Record Officer shall confirm or amend the record of rights (khatauni) under his dated signature.
The Assistant Record Officer shall thereafter prepare, for each village in the area under the record or survey operation, the records specified in Sections 30 and 31 on the basis of the record of rights (Khatauni) referred to Section 50 and the records so prepared shall be maintained by the Collector in place of the records previously existing.
The provision of this Chapter shall, mutatis mutandis apply to a record operation or survey operation in respect of every such village or part thereof, where no map or other record referred to in Section 46 or Section 47 is available, and for this purpose, the Record Officer shall follow such procedure as may be prescribed.
All entries in the record of rights (Khatauni) prepared in accordance with the provisions of this Chapter shall be presumed to be true until the contrary is proved.
All public roads, lanes and paths, bridges, ditches, dykes and fences on or besides them, the bed of rivers, streams, nallas, lakes, ponds and tanks and all canals and water channels, and all standing and flowing water, and all lands wherever situated, which are not owned by any person, and except in so far as any rights of any persons may be established in or over the same, and except as may be otherwise provided in any law for the time being in force, are hereby declared, with all rights in or over the same, or appertaining thereto, to be the property of the State Government:
Provided that nothing in this section shall be deemed to affect the rights of any person subsisting in any such property immediately before the date of commencement of this Code.
(1) Notwithstanding anything contained in this Code, the right to operate or work in any mine or to extract any mineral there from shall be governed by the Mines and Minerals (Development and Regulation) Act, 1957.
(2) Every lessee of building or land, leased or deemed to have been leased out by the State Government under any of the enactments repealed by this Code, for the purposes connected with the working or extraction of any mine or mineral, and operating on the date of commencement of this Code, shall continue to retain possession thereof on payment of such rent as was in force on the date of such commencement.
(1) All trees existing on any holding or grove shall, subject to the provisions of this Code or any other law for the time being in force, be deemed to belong to the person who holds such holding or grove.
(2) All trees existing on the boundary of any holdings shall be deemed to belong jointly to the persons who hold the holdings on either side of such boundary.
(3) All trees in abadi or in any unoccupied land belonging to or held by any person immediately before the date of commencement of the Code shall continue to belong to such person and be held subject to any other law for the time being in force and to any rules under this Code.
(4) Subject to the provisions of Section 57, all trees, brushwood, jungle or other natural product, wherever growing or planted, other than the trees referred t
(1) Where before the commencement of this Code, any fruit bearing tree was planted by any person on either side of any public road or path or canal with the permission in writing of any Revenue Officer or an officer of the Forest or Public Works Department or Irrigation Department of the State Government, not below the rank of a Tahsildar or an Assistant Conservator of Forest or an Assistant Engineer, as the case may be, then, notwithstanding that such land vests in the State Government, such person and his legal representatives shall be entitled to the fruits of such trees without payment of any charges whatsoever.
(2) Any person desiring to plant a fruit bearing tree after the commencement of this Code, on either side of any public road or path or canal may do so with the permission in writing of the Collector or any other officer authorized by the State Government in this behalf
(1) Where any dispute arises in respect of any property referred in Section 54 or Section 56 or Section 57 or in respect of any right to such property, such dispute shall be decided by the Collector.
(2) Any person aggrieved by any order passed under sub-section (1) may file an appeal before the Commissioner within 2 month from the date of order.
(1) The State Government may, by general or special order to be published in the manner prescribed, entrust all or any of the things specified in sub-section (2), which vest in the State Government, to a Gram Sabha or other local authority for the purposes of superintendence, preservation, management and control in accordance with the provisions of this Code.
(2) The following things may be entrusted to a Gram Sabha or other local authority under sub-section (1), namely :-
(i) lands, whether cultivable or otherwise, except land for the time being comprised in any holding or grove;
(ii) grove standing on the Gram Sabha land, pasture land, graveyard, cremation ground, manure pits, Khaliyans, Chakroads, link roads, sector roads, land in river bed, road, Sadak Khanti, Sullage farm;
(1) Subject to the provisions of this Code, every Bhumi Prabandhak Samiti shall be charged, for and on behalf of the Gram Sabha, with the superintendence, preservation, management and control of all land and other things entrusted or deemed to be entrusted to that Gram Sabha under Section 59 or over which such Gram Sabha is entitled to take possession under this Code or any other law for the time being in force.
(2) Without prejudice to the generality of the foregoing provisions, the functions and duties of the Bhumi Prabandhak Samiti shall include :-
(a) the settlement and management of land;
(b) the preservation, maintenance and development of forest and trees;
(c) the maintenance and development of abadi sites and village communications;
Where a tank in any village is entrusted or deemed to be entrusted to any Gram Sabha under Section 59, then, notwithstanding anything contained in any contract or grant or any law for the time being in force, its management by such Gram Sabha shall be regulated by the following conditions, namely :-
(a) where the area of the tank measures 0.5 acre or less, it shall be reserved for public use by the inhabitants of the village;
(b) where the area of the tank exceeds measures 0.5 acre, the Bhumi Prabandhak Samiti shall, with the previous approval of the Sub-Divisional Officer, let it out in the manner prescribed.
Explanation. - For the purpose of this section, the term 'tank', includes talab, pond, pokhar and other land covered perennially with water.
(1) Subject to the provisions of sub-section (2) and such other conditions as may be prescribed, the Chairman or such members of the Bhumi Prabandhak Samiti as may be authorised in this behalf by such Samiti, may sign any document and do all other things for the proper conduct and prosecution of suits and other proceedings for and on behalf of the Cram Sabha.
(2) No suit or other proceedings to which any Gram Sabha is a party shall be compromised or withdrawn on behalf of such Gram Sabha, unless such compromise or withdrawal is approved by' a resolution of the Bhumi Prabandhak Samiti and prior sanction of the Sub-Divisional Officer is obtained.
(1) The Sub-Divisional Officer may of his own motion or on the resolution of the Bhumi Prabandhak Samiti earmark the following classes of land for the provision of abadi sites for allotment to persons specified in Section 64 :-
(a) all lands entrusted or deemed to be entrusted to a Gram Sabha under clause (i) of sub-section (2) of Section 59;
(b) all lands coming into possession of Gram Sabha under any other provision of this Code;
(2) Notwithstanding anything contained in any other provision of this Code or in the U.P. Panchayat Raj Act, 1947, the Bhumi Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer, allot the following classes of land for the purposes of building houses :-
(a) any land referred to in sub-section (1
Section 63 of the Uttar Pradesh Revenue Code, 2006, pertains to the allocation of land for abadi (habitation) sites, facilitating the settlement and building of houses on designated land. It plays a crucial role in land management and urbanization policies within Uttar Pradesh, especially concerning the rights of allottees and the regulation of occupation.
Section 63 authorizes the Sub-Divisional Officer (SDO) to allot land for abadi sites either suo motu or upon resolution. It specifies the types of land eligible for allotment and the circumstances under which land may be allotted for habitation purposes.
Section 63 covers:- The process of land allotment for habitation purposes.- The types of land that can be allocated.- The authority responsible for such allotments.- The regulation of occupation of allotted land.- It indirectly influences urban planning, land reforms, and settlement policies.
While Section 63 itself primarily deals with allotment procedures, violations such as unauthorized occupation or encroachment are punishable under related sections (e.g., Sections 226-229), which prescribe penalties for encroachment, illegal occupation, or misuse of land [Source: ""].
Note: The analysis is based on the available sources and references the relevant sections and legal context as provided.
(1) The following order of preference shall be observed in making allotment of land referred to Section 63 :-
(a) an agricultural labourer or a village artisan residing in the Gram Sabha and belonging to a scheduled caste or scheduled tribe or other Backward Classes or a person of general category living below poverty line as determined by the State Government.
(b) any other agricultural labourer or a village artisan residing in the Gram Sabha.
(c) any other person residing in the Gram Sabha and belonging to a scheduled caste or scheduled tribe or other Backward Classes or a person of general category living below poverty line as determined by the State Government:
Provided that preference will be given to widow and physically handicapped person wit
Section 64 of the Uttar Pradesh Revenue Code, 2006, governs the allotment of abadi (residential) sites within villages, aiming to regulate land distribution for habitation purposes. It emphasizes the criteria for allotment and the procedure to ensure equitable distribution, reflecting the state's efforts to formalize settlement rights and prevent unauthorized occupation.
Section 64 provides the framework for allotting abadi sites, prioritizing individuals with no or insufficient housing. It prescribes the order of preference in allotment, the conditions of holding the land, and the procedural aspects for allotment. The section also covers inquiry procedures into irregular allotments and the legal consequences of violations.
Section 64 applies to the allotment of village residential sites (abadi sites) to eligible persons, primarily focusing on those with inadequate housing. It is intended to formalize settlement rights, prevent unauthorized occupation, and ensure equitable distribution aligned with government policies. The section also interacts with other provisions related to land management, legal proceedings, and land reforms.
While the specific punishment details are not explicitly provided in the sources, violations related to irregular allotment or breach of allotment conditions typically attract penalties as per the general penal provisions under the Revenue Code or applicable laws. Penalties may include cancellation of allotment, eviction, or legal proceedings.
This concise legal commentary synthesizes the provisions, scope, and legal implications of Section 64 of the Uttar Pradesh Revenue Code, 2006, supported by relevant references from the provided sources.
1) Where any land referred in Section 63 has been allotted for building a house under Section 64, and any person other than an allottee is in occupation of such land in contravention of the provisions of this Code, the Sub-Divisional Officer may, of his own motion and shall, on the application of the allottee, put the allottee in possession of such land, and may, for that purpose, use or cause to be used such force as he may consider necessary.
(2) Where any person, after being evicted under this section, reoccupies the land or any part thereof, without lawful authority, he shall be punished with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousands rupees :
Provided that the Court convicting the accused may, while passing the sentence, d
(1) The Collector may, of his own motion and shall, on the application of any person aggrieved by an allotment of land made under Section 64, inquire in the manner prescribed of such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment, and thereupon, the right, title and interest of the allottee and of every other person claiming through him in the land allotted shall cease.
(2) No application under sub-section (1) shall be entertained, if it is made after the expiration of a period of three years from the date of allotment.
(3) Every order of the Collector made under this section shall be final.
(1) Where any property entrusted or deemed to be entrusted under the provisions of this Code to a Gram Sabha or other local authority is damaged or misappropriated, or where any Gram Sabha or other authority is entitled to take possession of any land under the provisions of this Code and such land is occupied otherwise than in accordance with the said provisions, the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, shall inform the Sub-Divisional Officer concerned in the manner prescribed.
(2) Where from the information received under sub-section (1) or otherwise, the Sub-Divisional Officer is satisfied that any property referred to in sub-section (1) has been damaged or misappropriated, or any person is in occupation of any land referred to in that sub-section in contravention of the provisions of this Code, he shall issue notice to the pers
(1) All sums received under this Code by a Gram Sabha, Gram Panchayat or a Bhumi Prabandhak Samiti shall be credited to the Gaon Fund:
Provided that the amount of damages or compensation recovered under Section 67 shall be credited to the Consolidation Gaon Fund.
(2) The Gaon Fund constituted under the enactments repealed by this Code and subsisting immediately before the commencement of such Code shall be deemed to have been constituted under this section.
(3) The Gram Fund shall be operated in such manner and shall be applied for such purposes as may be prescribed.
(1) There shall be established for each district, a Consolidated Gaon Fund to which the following amounts shall be credited, namely :-
(a) the amount referred to in the proviso to sub-section (1) of Section 68;
(b) all contributions received by the Collector under sub-section (2);
(c) such other amounts as may be prescribed.
(2) Every Gram Sabha in a district shall pay to the Collector annually such percentage, not exceeding twenty' five, as the State Government may from time to time notify, of the total amount credited to the Gaon Fund under Section 67, in the manner prescribed.
(3) The Consolidated Gaon Fund shall be operated by the Collector and may be applied for the following purposes, namely :-
&
(1) The State Government and, subject to its control, the Collector may issue such orders or directions to the Bhumi Prabandhak Samiti as may appear to be necessary for purposes of this Code.
(2) It shall be the duty of the Bhumi Prabandhak Samiti and its office bearers to forthwith carry out the orders and comply with the directions issued under sub-section (1).
If at any time the Collector is satisfied that -
(a) the Bhumi Prabandhak Samiti has failed without reasonable cause or excuse to discharge its duties or to perform the function imposed or assigned to it by or under this Code; or
(b) circumstances have so arisen that the Bhumi Prabandhak Samiti is or may be rendered unable to discharge the duties or perform the functions imposed or assigned by or under this Code; or
(c) it is otherwise expedient or necessary to do so; he may, direct that the duties, powers and functions of such Bhumui Prabandhak Samiti under this Code, shall, notwithstanding anything contained in any other law for the time being in force, be discharged, exercised and performed by an officer not below the rank of a Naib-Tahsildar and for such period and subject to such restrict
(1) The State Government may, on such terms and conditions and in such manner as may be prescribed appoint -
(a) one Standing Counsel (Revenue) each at Allahabad High Court and Lucknow Bench thereof;
(b) one Standing Counsel (Revenue) each for Board of Revenue Allahabad and Lucknow;
(c) one Divisional Government, Counsel (Revenue) for the divisional head-quarters; and
(d) one District Government Counsel (Revenue) for the district headquarters.
(2) The Collector may, on such terms and conditions and in such manner as may be prescribed, appoint not more than two Penal Lawyers (Revenue) for every tahsil.
(3) Subject to the provisions of sub-section (2) of Section
(1) In any suit or other proceedings under this Code, the Gram Sabha shall be represented-
(a) in proceeding before the Collector or in a civil Court, by the District Government Counsel (Revenue);
(b) in proceeding before the Commissioner, by the Divisional Government Counsel (Revenue); and
(c) in proceeding before the Board or the High Court, by the separate Standing Counsels (Revenue) of Lucknow or Allahabad, as the case may be.
(2) Nothing in this Chapter shall preclude the State Government or the Collector from appointing special Counsel for the conduct of any suit or proceeding to which any Gram Sabha is party on such terms and conditions as may be prescribed.
There shall be following classes of tenure holders, namely-
(a) Bhumidhar with transferable rights;
(b) Bhumidhar with non-transferable rights;
(c) Asami, and
(d) Government lessee.
Every person belonging to any of the following classes, shall be called bhumidhar with transferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhar by or under this Code, namely :-
(a) every person who was a bhumidhar with transferable rights immediately before the date of commencement of this Code.
(b) every person who in any other manner acquires, on or after the said date, the rights of such a bhumidhar under or in accordance with the provisions of this Code or under any other law for the time being in force
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue laws in the state of Uttar Pradesh. Among its various provisions, Section 75 specifically addresses the rights of individuals classified as "Bhumidhar with transferable rights." This section is pivotal in defining land ownership and transferability, which are crucial for agricultural and non-agricultural land use in the state.
Section 75 of the Uttar Pradesh Revenue Code, 2006, delineates the categories of individuals who qualify as "Bhumidhar with transferable rights." It specifies the rights and obligations associated with this classification, thereby establishing a legal basis for land transactions and ownership.
The scope of Section 75 extends to all individuals who were Bhumidhar with transferable rights prior to the commencement of the Act, as well as those who acquire such rights thereafter. This section ensures that the rights are not only preserved but also adaptable to new circumstances.
While Section 75 itself does not explicitly outline punishments, violations related to the misuse of rights or failure to comply with the provisions may lead to legal repercussions under other relevant sections of the Uttar Pradesh Revenue Code.
Every person belonging to any of the following classes shall be called a bhumidhar with non-transferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhar by or under this Code, namely :-
(a) every person who was a bhumidhar with non-transferable rights immediately before the date of commencement of this Code;
(b) every person who is admitted as a bhumidhar with non-transferable rights on or after the said date by the Bhumi Prabandhan Samiti to any land under or in accordance with the provisions of this Code;
(c) every person who is or has been allotted any land under the provision of the Uttar Pradesh Bhoodan Yajna Act, 1952;
(d) every person who is or has been allotted any land unde
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue laws in the state of Uttar Pradesh. Section 76 specifically addresses the classification of individuals as "Bhumidhar with non-transferable rights," outlining their rights and obligations concerning land ownership and tenure.
Section 76 of the Uttar Pradesh Revenue Code, 2006, defines the categories of individuals who qualify as Bhumidhar with non-transferable rights. It stipulates the rights these individuals possess and the limitations on the transferability of these rights.
The scope of Section 76 extends to various classes of tenure-holders, including those who were Asami (tenants) before the commencement of the Code, and those allotted land under specific provisions. It aims to provide a legal framework for land tenure and rights in Uttar Pradesh.
While Section 76 itself does not prescribe specific punishments, violations related to the rights and obligations of Bhumidhar may lead to legal consequences under other relevant sections of the Uttar Pradesh Revenue Code.
Notwithstanding anything contained in this Code or any other law for the time being in force; no person shall acquire the rights of a bhumidhar in the following land :-
(a) Khaliyan, manure pits, pasture land or land normally used as burial or cremation ground;
(b) land covered by water and used for the purpose of growing singhara or other produce;
(c) land situate in the bed of a river and used for casual or occasional cultivation;
(d) such tracts of shifting or unstable cultivation which the State Government may by notification specify;
(e) land declared by the State Government to be intended or set apart for taungya plantation and notified as such;
(f) grove
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Section 77 specifically addresses the limitations on acquiring rights as a bhumidhar (landholder) over certain types of land, thereby safeguarding public utility lands and ensuring their intended use.
Section 77 of the Uttar Pradesh Revenue Code, 2006, stipulates that no person shall acquire the rights of a bhumidhar over specific categories of land, including khaliyan (fallow land), manure pits, pasture land, and land typically used for burial or cremation purposes.
The scope of Section 77 is significant as it delineates the types of land that cannot be converted into private ownership under the bhumidhar system. This includes lands that serve essential community functions, thereby preventing their misuse or privatization.
While Section 77 outlines the prohibition of rights, it does not explicitly detail punitive measures for violations within the text itself. However, violations may lead to legal disputes and restoration of land to its intended public use.
Every person belonging to any of the following classes, shall be called an asami, and shall have all the right and be subject to all the liabilities conferred or imposed upon such asami by or under this Code, namely :-
(a) every person who was an asami immediately before the date of commencement of this Code;
(b) every person who is admitted as an asami on or after the said date by the Bhumi Prabandhak Samiti to any land under or in accordance with the provisions of this Code.
(c) every person who is admitted as lessee on or after the said date, by a bhumidhar of any land under or in accordance with the provisions of this Code;
(d) every person who in any other manner acquires the rights of an asami under or in accordance with the provisions of this
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Among its various provisions, Section 78 specifically addresses the classification and rights of individuals known as "asami," who are recognized as tenants or cultivators of land.
Section 78 defines the term "asami" and outlines the rights and obligations of individuals belonging to specific classes. It establishes who qualifies as an asami and the legal implications of this classification.
The scope of Section 78 extends to various classes of individuals who cultivate land, ensuring that their rights are protected while also holding them accountable for their responsibilities. This section is crucial for maintaining order in land tenure and revenue collection.
While Section 78 itself does not prescribe specific punishments, it is linked to other provisions in the Code that may impose penalties for unlawful actions related to land tenure, such as reoccupying land without authority, which can lead to imprisonment for up to two years.
(1) A bhumidhar with transferable rights shall, subject to the provisions of this Code, have the right to exclusive possession of all laird of which he is such a bhumidhar and to use it for any purpose whatsoever.
(2) A bhumidhar with non-transferable right shall, subject to the provisions of this Code, have the right to exclusive possession of all land of which he is such a bhumidhar, and to use such land for any purpose connected with agriculture.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework governing land revenue and tenure in the state of Uttar Pradesh. Among its various provisions, Section 79 specifically addresses the rights of bhumidhars (landholders) concerning exclusive possession of land.
Section 79 outlines the rights of bhumidhars with transferable rights to exclusive possession of their holdings. It establishes the legal framework within which these rights can be exercised, subject to the provisions of the Code.
The scope of Section 79 is limited to bhumidhars with transferable rights, thereby excluding those with non-transferable rights. It emphasizes the legal entitlement of these landholders to possess their land exclusively, reinforcing their ownership rights.
While the specific punitive measures for contravening Section 79 are not detailed in the provided sources, it is indicated that violations may lead to consequences as outlined in other sections of the Code.
(1) Where a bhumidhar with transferable rights uses his holding or part thereof for a purpose not connected with agriculture, horticulture or animal husbandry I which includes pisciculture and poultry farming, the Sub-Divisional Officer may, suo motu or on an application moved by such bhumidhar, after making such enquiry as may be prescribed, make a declaration to that effect.
(2) The application for declaration under Section (1) shall contain such particulars and shall be made in such manner as may be prescribed.
(3) Whore the application under sub-section (1) is made in respect of a part of the holding, the Sub-Divisional Officer may, in the manner prescribed, demarcate such part for purpose of such declaration.
(4) No declaration under this section shall be issued by the Sub-Divisional Offi
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Section 80 specifically addresses the use of agricultural land for non-agricultural purposes by bhumidhars (landholders) with transferable rights.
Section 80 allows bhumidhars with transferable rights to use their land for industrial, commercial, or residential purposes, subject to certain conditions and declarations made to the Sub-Divisional Officer.
While the section itself does not specify punishments, it indicates that failure to adhere to the conditions may lead to cancellation of the declaration under Section 82 of the Code.
Where a declaration has been made under Section 80 the following consequences shall, in respect of such holding or part to which it relates ensue :
(a) all restrictions imposed by or under this Chapter in respect of transfer of land shall cease to apply to the bhumidhar with transferable rights;
(b) notwithstanding anything contained in Chapter XI, the land shall, with effect from the commencement of the agricultural year following the date of declaration, be exempted from payment of land revenue;
(c) the bhumidhar shall, in the matter of devolution be governed by the personal law to which he is subject.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework governing land revenue and related matters in the state of Uttar Pradesh. Section 81 specifically addresses the consequences of declarations made under Section 80, particularly concerning the transfer of land by bhumidhars (landholders).
Section 81 outlines that once a declaration is made under Section 80, all restrictions on the transfer of land imposed by the relevant chapter cease to apply to bhumidhars with transferable rights. This provision facilitates the transfer of land, thereby enhancing the rights of landholders.
The scope of Section 81 extends to all bhumidhars who have received a declaration under Section 80. It allows for the transfer of land without the previous restrictions, thereby promoting land transactions and economic activities.
The section does not explicitly outline punishments; however, it implies that failure to comply with the provisions of the Revenue Code may lead to legal consequences under other relevant sections of the Code.
(1) Whenever any holding or part thereof in respect of which a declaration has been made under Section 80 is used for any purpose other than a purpose connected with agriculture, the Sub-Divisional Officer may, of his own motion or on an application made in that behalf and after making such inquiry as may be prescribed, cancel such declaration.
(2) Where a declaration is cancelled under sub-section (1) the following consequences shall in respect of the holding or part to which it relates ensue namely :-
(a) the holding or part shall become subject to all restrictions imposed by or under this Chapter in matters of transfer and devolution.
(b) the holding or part shall become liable to payment of land revenue with effect from the commencement of the agricultural year in which the order for cance
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Section 82 specifically addresses the cancellation of declarations made under Section 80, which pertains to the use of land for agricultural purposes. This section is crucial for maintaining the integrity of land use classifications and ensuring compliance with agricultural regulations.
Section 82 of the Uttar Pradesh Revenue Code, 2006, provides the legal basis for the cancellation of declarations made under Section 80 when the land is used for purposes other than those specified. It outlines the procedure for such cancellations and the conditions under which they may occur.
The scope of Section 82 is limited to the cancellation of declarations related to agricultural land. It ensures that any deviation from agricultural use can lead to a reassessment of the land's classification, thereby maintaining the intended use of agricultural land.
While Section 82 itself does not prescribe specific punishments, it implies that misuse of land or failure to adhere to the provisions may lead to legal consequences, including the cancellation of land use declarations.
Every declaration under Section 80 or cancellation under Section 82 shall be recorded in Record of Rights in the manner as may be prescribed.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. It consolidates various laws related to land tenure and revenue, aiming to streamline processes and enhance transparency in land dealings.
Section 83 of the Uttar Pradesh Revenue Code mandates that every declaration made under Section 80 or any cancellation under Section 82 must be recorded in the Record of Rights in a prescribed manner. This ensures that all changes in land rights are officially documented, promoting clarity and legal certainty.
The scope of Section 83 extends to all declarations and cancellations made under the preceding sections (80 and 82), thereby covering a wide range of land rights issues. This section is integral to the overall framework of land management in Uttar Pradesh.
While Section 83 itself does not specify punitive measures, failure to comply with the recording requirements may lead to legal consequences as per the broader provisions of the Uttar Pradesh Revenue Code.
An asami shall, subject to the provisions of this Code, have the right to exclusive possession of all land comprised in his holding and to use such land for any purpose connected with agriculture :
Provided that no asami shall be entitled to use any land declared by the State Government by notification to be intended or set apart for taungya plantation, for any purpose other than cultivation and raising of crops.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue laws in the state of Uttar Pradesh. Section 84 specifically addresses the rights and responsibilities of asamis (tenants) regarding the use of land.
Section 84 outlines the rights of asamis to have exclusive possession of land and stipulates the permissible uses of such land. It emphasizes that any use of the land outside the prescribed purposes is prohibited.
The scope of Section 84 extends to all asamis and their rights concerning the land they occupy. It establishes a legal framework for the use of agricultural and non-agricultural land, ensuring that such use aligns with state regulations.
While the section itself does not explicitly outline punishments, it indicates that unauthorized use of land can lead to penalties and potential legal action.
(1) Where a bhumidhar with non-transferable rights uses his holding or part thereof, in contravention of the provisions of Section 79, he shall, notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part on the suit of the Gram Sabha.
(2) Where an asami uses his holding or part thereof for any purpose not permitted by Section 84, he shall, notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part, on the suit of the land-holder.
(3) A decree for ejectment under this section may direct payment of damages equivalent to the cost of works which may be required to restore the land to its original condition.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework governing land revenue and related matters in the state of Uttar Pradesh. Section 85 specifically addresses the conditions under which a bhumidhar (landholder) with non-transferable rights may be ejected from their holding for contravening the provisions of the Code.
Section 85 outlines the circumstances under which a bhumidhar with non-transferable rights can be ejected from their landholding if they misuse or contravene the terms of their holding. It also provides for the recovery of damages for restoration of the land.
The scope of Section 85 extends to all bhumidhars with non-transferable rights and asamis (tenants) who violate the terms of their land use. It provides a legal mechanism for landowners to reclaim their land and seek compensation for any damages incurred.
While Section 85 does not specify criminal penalties, it allows for civil remedies, including ejectment and damages. The focus is on restoring the land and compensating for any loss rather than imposing punitive measures.
Where a bhumidhar with non-transferable rights or an asami has been ejected from any holding or part thereof in accordance with Section 85, all rights and interest of such bhumidhar or asami in such holding or part together with any improvements made therein shall stand extinguished.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue laws in the state of Uttar Pradesh. It consolidates and amends various laws related to land tenure and revenue collection, aiming to streamline processes and protect the rights of landholders.
Section 86 addresses the situation where a bhumidhar (landholder) with non-transferable rights or an asami (tenant) has been ejected from their holding. It outlines the conditions under which such ejection can occur and the subsequent legal implications.
The scope of Section 86 is primarily focused on protecting the rights of bhumidhars and asamis against unlawful ejection. It establishes a legal framework for addressing grievances related to land dispossession.
While the section itself does not explicitly outline punishments, it implies that unlawful ejection can lead to legal consequences, including potential restoration of rights and compensation for damages.
(1) It shall be lawful for a bhumidhar to make any improvement in the land of which he is bhumidhar, for cultivation of such land or for more convenient use thereof.
(2) Where the right, title or interest of any tenure holder in any holding or part is extinguished under or in accordance with the provisions of this Code, he shall not be entitled to remove or appropriate any improvement made by him under sub-section (1).
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Among its various provisions, Section 87 addresses the rights of bhumidhars (landholders) concerning improvements made to their land.
Section 87 of the Uttar Pradesh Revenue Code, 2006, stipulates that it is lawful for a bhumidhar to make improvements on the land they hold. This includes enhancements for cultivation or for more convenient use of the land.
The scope of Section 87 extends to all bhumidhars within Uttar Pradesh, allowing them to enhance their land without the fear of removal of such improvements. This provision aims to encourage agricultural productivity and efficient land use.
The text does not explicitly mention punishments related to Section 87. However, violations of related provisions may lead to penalties as outlined in other sections of the Revenue Code.
(1) The interest of a bhumidhar with transferable rights shall, subject to the provision of this Code, be transferable.
(2) Save as otherwise expressly provided by this Code or any other law for the time being in force the interest of a bhumidhar with non-transferable rights or an asami in any holding shall not be transferable.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Among its various provisions, Section 88 specifically addresses the transferability of interests held by bhumidhars, which are individuals granted rights over land.
Section 88 of the Uttar Pradesh Revenue Code, 2006, stipulates that the interest of a bhumidhar with transferable rights is subject to the provisions of the Code and is transferable. This section aims to facilitate the transfer of land rights while ensuring compliance with the overarching legal framework.
The scope of Section 88 extends to all bhumidhars who possess transferable rights, allowing them to transfer their interests in land. It also implies that the provisions of this section apply mutatis mutandis to individuals with non-transferable rights under certain conditions.
While Section 88 itself does not prescribe specific punishments, related provisions in the Code may impose penalties for unlawful transfers or violations of the Code's stipulations.
(1) No bhumidhar shall have the right to transfer any holding or part thereof where such transfer contravenes or is likely to contravene the provisions of sub-section (2) or sub-section (3).
(2) Subject to the provisions of sub-section (3), no person shall have the right to acquire by purchase or gift any holding or part thereof from a bhumidhar with transferable rights where the transferee shall as a result of such acquisition become entitled to land which together with land, if any, held by him and his family shall exceed 5.04 hectares in Uttar Pradesh.
(3) The State Government may, by general or special order, authorise an acquisition in excess of the limits specified in sub-section (2) if such acquisition is for a charitable or industrial purpose and is in favour of a registered society or any company or other corporation or educatio
Section 89 of the Uttar Pradesh Revenue Code, 2006, establishes restrictions on the transfer of land holdings by bhumidhars (landholders) in the state of Uttar Pradesh. This provision aims to regulate land transactions to prevent unauthorized transfers and ensure that land remains within the intended ownership framework.
Section 89 prohibits bhumidhars from transferring any holding or part thereof if such transfer contravenes the provisions of the Uttar Pradesh Revenue Code. This includes restrictions on sales, gifts, mortgages, or leases of land.
The scope of Section 89 extends to all bhumidhars and includes provisions that apply mutatis mutandis to individuals with non-transferable rights or asamis (tenants). This ensures comprehensive coverage of land transfer regulations within the state.
While the section outlines restrictions, it also implies that violations may lead to penalties or legal consequences, although specific punitive measures are not detailed within this section itself.
Notwithstanding anything contained in this Code or in any other law for the time being in force, no person, other than an Indian citizen, shall have the right to acquire any land, by sale or gift, or in any other manner involving transfer of possession in his favour, without prior permission in writing from the State Government.
Explanation. - For the purposes of this section, the expression "an Indian citizen" includes any company or association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by Indian citizens.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive legal framework governing land revenue and related matters in the state of Uttar Pradesh. Section 90 specifically addresses the rights of individuals concerning land acquisition, particularly focusing on the restrictions imposed on non-Indian citizens.
Section 90 of the Uttar Pradesh Revenue Code, 2006, stipulates that no person other than an Indian citizen shall have the right to acquire any land through sale, gift, or any other means that involve the transfer of possession.
The scope of Section 90 is significant as it aims to protect the interests of Indian citizens in land ownership and prevent foreign nationals from acquiring land in Uttar Pradesh. This provision is crucial in maintaining the socio-economic fabric of the state.
While the specific punishment for contravening Section 90 is not detailed in the provided sources, it is implied that unlawful acquisition of land may lead to legal repercussions, including potential imprisonment as indicated in related sections of the code.
No bhumidhar shall have the right to mortgage any holding or its part where possession of the mortgaged property is transferred or agreed to be transferred to the mortgagee as security for the amount of mortgage advanced or to be advanced or for interest thereon.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. It consolidates various land revenue laws and aims to streamline the processes related to land tenure, rights, and obligations of landholders. Section 91 specifically addresses the restrictions on the transfer of land through mortgage, reflecting the legislative intent to protect certain land rights.
Section 91 of the Uttar Pradesh Revenue Code, 2006, imposes restrictions on the transfer of land by mortgage. It delineates the conditions under which such transfers can occur, particularly focusing on the rights of bhumidhars (landholders) with non-transferable rights and asamis (tenants).
The scope of Section 91 is significant as it aims to prevent the exploitation of landholders who may not have the legal acumen to understand the implications of mortgage agreements. It ensures that land remains within the intended ownership structure, thereby promoting stability in land tenure.
While the specific penalties for violations of Section 91 are not detailed within the section itself, it is implied that non-compliance may lead to legal repercussions as outlined in other sections of the Uttar Pradesh Revenue Code, which may include fines or other penalties.
Subject to the provisions of this Code, the interest of a bhumidhar with non-transferable rights in any holding or its part may be, -
(a) transferred by mortgage without possession as security for a loan taken or to be taken from the State Government or a bank or a co-operative society or the U.P. State Agro Industrial Corporation Ltd. or any other financial institution owned and controlled by such Government;
(b) sold in execution of a decree of any Court regarding the matter referred to in clause (a) or in proceedings for collection of land revenue under Chapter XII.
The Uttar Pradesh Revenue Code, 2006, aims to consolidate and amend laws related to land tenures and land revenue in the state. Section 92 specifically addresses the mortgage of land by bhumidhars (landholders) with non-transferable rights, establishing a framework for such transactions while ensuring protection for the rights of the landholders.
Section 92 of the Uttar Pradesh Revenue Code, 2006, outlines the conditions under which a bhumidhar may mortgage land that is held with non-transferable rights. It stipulates that such transactions require prior written permission from the appropriate authority.
The scope of Section 92 is limited to the mortgage of land by bhumidhars with non-transferable rights. It does not extend to other forms of land transactions or to landholders with transferable rights. The section also outlines the procedural requirements for obtaining permission for such mortgages.
While the specific punitive measures for violations of Section 92 are not detailed within the section itself, the broader context of the Uttar Pradesh Revenue Code may impose penalties for unauthorized transactions or failure to comply with the procedural requirements.
If any bhumidhar transfers possession of any holding or part thereof for the purpose of securing any money advanced by way of loan or in lieu of interest on such loan, then, notwithstanding anything contained in any law or contract or document of transfer, the transaction shall be deemed at all times and for the purposes of this Code, to be a sale to the transferee, and to every such sale, provisions of Section 89 shall apply.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Among its various provisions, Section 93 addresses the implications of transferring possession of land for securing money, establishing a legal presumption regarding such transactions.
Section 93 stipulates that if a bhumidhar (landholder) transfers possession of any holding or part thereof for the purpose of securing money, such transfer shall be deemed to be a sale. This provision aims to clarify the legal status of possession transfers in the context of financial transactions involving land.
The scope of Section 93 extends to all transactions where a bhumidhar transfers possession of land with the intent to secure a financial obligation. This provision is significant in determining the nature of such transactions and their legal consequences.
While Section 93 itself does not prescribe specific punishments, related provisions in the Uttar Pradesh Revenue Code may impose penalties for unlawful transfers or violations of land revenue regulations. For instance, unauthorized reoccupation of land can lead to imprisonment for up to two years [Source Reference].
No bhumidhar or asami shall let out his holding or any part thereof except :-
(a) in the cases provided for in Section 95 or Section 96; or
(b) to a recognised educational institution imparting instruction in agriculture.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Section 94 specifically addresses the leasing rights of Bhumidhar, which are crucial for the utilization and management of agricultural land.
Section 94 of the Uttar Pradesh Revenue Code, 2006, allows a Bhumidhar (landholder) to lease out his holding or any part thereof to various entities, including individuals, firms, and trusts, under specified conditions.
The section provides a legal framework for Bhumidhars to lease their land, thereby promoting agricultural productivity and economic development. It also delineates the rights and responsibilities of both lessors and lessees.
While Section 94 itself does not prescribe specific punishments, violations related to leasing without adherence to the provisions of this section may lead to penalties as outlined in other sections of the Revenue Code.
(1) A bhumidhar, or an asami holding land from a Cram Sabha, may let out the whole or part of his holding for a period not exceeding three years at a time, if he is a disabled person, that is to say, he belongs to any one of the under mentioned classes :-
(a) a mentally ill or mentally retarded person, the letting in such a case being made by his guardian or by the manager of his property;
(b) a person incapable of cultivation by reason of any physical infirmity;
(c) a deity or a waqf;
(d) a widow or an unmarried woman;
(e) a married woman provided she is divorced or has been deserted by her husband or is judicially separated from her husband or is living separately on account of cruelty of her husband or
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Section 95 specifically addresses the provisions related to private leases by bhumidhars (landholders) and outlines the conditions under which such leases can be executed.
Section 95 of the Uttar Pradesh Revenue Code, 2006, stipulates that a bhumidhar may enter into a private lease for a single crop or for a period of up to one year, which can be either oral or written. For leases exceeding one year, specific formalities must be adhered to.
The scope of Section 95 encompasses:- The conditions under which bhumidhars can lease their land.- The legal implications of oral versus written leases.- The rights of lessees and the obligations of bhumidhars.
While Section 95 itself does not prescribe specific punishments, it is linked to penalties under other sections of the Code for violations, such as leasing land contrary to the provisions outlined in Section 94 and Section 95.
(1) Where any holding is held jointly by more persons than one and all of them are not subject to the disabilities mentioned in sub-section (1) of Section 95, then the disabled co-sharer may alone let out his share in the holding.
(2) Where any share in any holding has been let out by a co-sharer in accordance with sub-section (1), the asami or co-sharer may sue for division of such share.
(3) No other relief shall be combined in a suit for division under subsection (2).
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive legal framework governing land revenue and related matters in the state of Uttar Pradesh. Section 96 specifically addresses the rights of co-sharers in a joint holding, particularly in the context of disabilities affecting some co-sharers.
Section 96 of the Uttar Pradesh Revenue Code, 2006, provides provisions for leasing by a disabled co-sharer in a joint holding. It outlines the conditions under which a co-sharer who is not subject to disabilities can lease the land on behalf of the disabled co-sharer.
The scope of Section 96 is limited to the management of joint holdings where at least one co-sharer is disabled. It aims to facilitate the use and management of land in such scenarios, ensuring that the interests of disabled co-sharers are protected while allowing for practical land use.
While the section itself does not specify punishments, it is implied that any violation of the provisions may lead to penalties as outlined in other sections of the Uttar Pradesh Revenue Code.
Notwithstanding anything contained in the Transfer of Property Act, 1882 (Act No. 14 of 1882), or the Indian Registration Act, 1908 (Act No. 16 of 1908) a lease referred to in Section 95 for a period exceeding one year shall be made either by a registered instrument or in the manner prescribed.
Explanation. - A lease which fails to comply with the provisions of this section shall not be deemed by reason thereof to be a transfer in contravention of the provision of this Chapter.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management and related matters in the state of Uttar Pradesh. Section 97 specifically addresses the procedures and requirements for transactions deemed as sales under the code, ensuring proper documentation and reporting.
Section 97 mandates that when a Lekhpal (a village revenue officer) becomes aware of a transaction that qualifies as a sale under Section 93, he is required to submit a report to the Assistant Collector. This report must include specific details about the transaction.
The scope of Section 97 extends to all transactions classified as sales under the provisions of the Uttar Pradesh Revenue Code. It emphasizes the importance of maintaining accurate records and ensuring that all transactions are reported to the appropriate authorities.
If a person reoccupies land without lawful authority, they may face imprisonment for a term that can extend up to two years, highlighting the seriousness of unauthorized land transactions.
(1) Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land, situate outside the limits, of Development Authorities constituted under Uttar Pradesh Urban Planning and Development Act, 1973, to a person not belonging to a scheduled caste, except with the previous permission of the Collector in writing :
Provided that no such permission shall be granted by the Collector if the transferor will come to hold less than 1.265 hectare of land in Uttar Pradesh as a result of such transfer.
(2) For the purposes of granting permission under this section the Collector may make such inquiry as may be prescribed.
Section 98 of the Uttar Pradesh Revenue Code, 2006, addresses the restrictions on the transfer of land by bhumidhars belonging to scheduled castes. This provision is designed to protect the interests of marginalized communities in land transactions, ensuring that their rights are safeguarded against potential exploitation.
Section 98(1) prohibits bhumidhars belonging to scheduled castes from transferring land to individuals not belonging to the scheduled caste without prior written permission from the Collector. The section outlines specific conditions under which such permission may be granted.
The scope of Section 98 extends to all bhumidhars belonging to scheduled castes, ensuring that any transfer of land is regulated to prevent exploitation and to maintain the integrity of land ownership within these communities.
While Section 98 itself does not specify punishments, violations of its provisions may lead to administrative actions or legal challenges against unauthorized land transfers.
I Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled tribe shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled tribe.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue laws in the state of Uttar Pradesh. Section 99 specifically addresses the restrictions on the transfer of land by bhumidhars belonging to Scheduled Tribes, aiming to protect their land rights and ensure that such transfers are conducted under regulated conditions.
Section 99 prohibits bhumidhars belonging to Scheduled Tribes from transferring their land to individuals not belonging to their community, unless permission is granted by the Collector. This provision is designed to safeguard the interests of marginalized communities in land transactions.
The scope of Section 99 extends to all bhumidhars belonging to Scheduled Tribes in Uttar Pradesh, ensuring that any transfer of land is subject to scrutiny and approval by the Collector. This provision is crucial in maintaining the integrity of land ownership among vulnerable communities.
While the section itself does not explicitly outline penalties, it indicates that unauthorized transfers may lead to legal consequences, including potential penalties as per related provisions in the Revenue Code.
A bhumidhar or an asami belonging to a scheduled caste or a scheduled tribe may, notwithstanding anything contained in any other provision of this Code, transfer his interest in any holding or part, by mortgage without possession as security for a loan taken or to be taken from the State Government or any institution referred to in clause (a) of Section 92.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. It consolidates various laws related to land revenue and aims to streamline processes concerning land ownership, transfer, and disputes. Section 100 specifically addresses the rights of members of Scheduled Castes (SC) and Scheduled Tribes (ST) concerning mortgage transactions.
Section 100 of the Uttar Pradesh Revenue Code, 2006, allows a bhumidhar (landholder) or an asami (tenant) belonging to a Scheduled Caste or Scheduled Tribe to mortgage their land. This provision is aimed at protecting the interests of marginalized communities in financial transactions involving land.
The scope of Section 100 is significant as it not only empowers SC and ST members but also aims to prevent exploitation in financial dealings related to land. It recognizes the socio-economic challenges faced by these communities and provides a legal framework to facilitate their economic empowerment.
The specific punishment for violations of this section is not detailed in the provided sources. However, it is implied that any wrongful denial of these rights could lead to legal repercussions under the broader framework of the Revenue Code.
(1) No bhumidhar shall without prior permission in writing of the Sub-Divisional Officer exchange his land with the land -
(a) held by another bhumidhar; or
(b) entrusted or deemed to be entrusted to any Gram Sabha or a local authority under Section 59.
(2) The Sub-Divisional Officer shall refuse permission under sub-section (1) in the following cases, namely :-
(a) if the exchange is not necessary for the consolidation of holdings or securing convenience in cultivation;
(b) if the difference between the valuation determined in the manner prescribed of the lands given and received in exchange exceeds ten percent of the lower valuation;
(c) if the difference bet
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework governing land revenue laws in the state of Uttar Pradesh. Section 101 specifically addresses the exchange of land among bhumidhars (landholders) and outlines the procedural requirements and restrictions associated with such exchanges.
Section 101 allows any bhumidhar to exchange their land with another bhumidhar, provided they obtain prior written permission from the Sub-Divisional Officer. The section stipulates that the exchange must be conducted in accordance with prescribed procedures.
The scope of Section 101 encompasses:- The ability of bhumidhars to exchange land with other bhumidhars.- The requirement for consent from the Sub-Divisional Officer.- The necessity to adhere to prescribed procedures for the exchange.
While Section 101 itself does not specify punishments, it indicates that violations of the exchange process may lead to penalties as per other relevant provisions of the Uttar Pradesh Revenue Code.
Where an exchange is made in accordance with Section 101 -
(a) the parties to the exchange shall have the same rights in the land received in exchange as they had in the land given;
(b) the Sub-Divisional Officer shall order the record of rights (Khatuani) to be corrected accordingly; and
(c) the amount of land revenue assessed, payable or deemed to be payable for the land so exchanged shall not be affected thereby.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land tenure and revenue management in the state of Uttar Pradesh. Section 102 specifically addresses the consequences of land exchanges, outlining the rights and obligations of parties involved in such transactions.
Section 102 of the Uttar Pradesh Revenue Code, 2006, stipulates that when parties engage in an exchange of land, they retain the same rights in the land received as they had in the land given. Additionally, the land revenue obligations remain unchanged despite the exchange.
This section applies to all exchanges of land between parties, ensuring that the legal rights and financial obligations associated with the land are preserved post-exchange.
While Section 102 itself does not prescribe specific punishments, it is linked to broader provisions in the Revenue Code that may impose penalties for non-compliance with the Act.
Where a bhumidhar has let out his holding or any part thereof in contravention of Section 94, Section 95, Section 96 or Section 99, the lessee shall, notwithstanding anything contained in any law or contract or document of lease, become and be deemed to be -
(a) where the total area of the land held by him, together with the land held by his family, including the land let out to him and any member of his family, does not exceed 5.04 hectares in Uttar Pradesh, bhumidhar with non-transferable rights thereof; and
(b) where the total area as aforesaid exceeds 5.04 hectares, a purchaser thereof, and the provision of Section 89 shall, apply thereto.
Except as provided in Section 103 every transfer of interest in any holding or part thereof made by a bhumidhar or an asami in contravention of the provisions of this Code shall be void.
(1) Where transfer of interest in any holding or part made by a bhumidhar is void under Section 104, the following consequences shall, with effect from the date of such transfer, ensue, namely :-
(a) the subject-matter of such transfer shall vest in the State Government free from all encumbrances;
(b) the tree, crops, wells and other improvements, existing on such holding or part shall vest in the State Government free from all encumbrances;
(c) the interests of the transferor and the transferee in the properties specified in clauses (a) and (b) shall stand extinguished;
(d) the extinction of interest of the transferor under clause (c) shall operate to extinguish the interest of any asami holding under him.
&nb
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive legal framework governing land revenue and related matters in the state of Uttar Pradesh. Section 105 specifically addresses the consequences of void transfers of land interests by bhumidhars, which are individuals holding land rights.
Section 105 outlines the repercussions when a bhumidhar makes a transfer of interest in land that is deemed void under Section 104. It establishes the legal consequences that follow such a transfer.
This commentary provides an overview of Section 105 of the Uttar Pradesh Revenue Code, 2006, highlighting its significance in regulating land transactions and protecting the rights of landholders.
Where transfer of interest in any holding or part made by an asami is void under Section i04, such asami shall be liable to ejectment on the suit of the Gram Sabha or other land-holder, as the case may be, in accordance with the provisions of this Code.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Among its various provisions, Section 106 addresses the consequences of unauthorized transfers made by an asami (tenant) in contravention of the Code. This section is crucial for maintaining the integrity of land tenure systems and protecting the rights of landholders.
Section 106 stipulates that any transfer of land made by an asami that contravenes the provisions of the Uttar Pradesh Revenue Code will have specific legal consequences. This section aims to deter unauthorized transactions and ensure compliance with the established land revenue laws.
The scope of Section 106 extends to all transfers made by asamis that do not adhere to the regulations set forth in the Revenue Code. This includes any form of sale, lease, or other conveyance of land rights that is not permitted under the law.
While the specific penalties for violations of Section 106 are not detailed in the provided sources, it is implied that such unauthorized transfers could lead to legal actions, including potential eviction or other civil remedies.
(1) Subject to the provisions of sub-section (2), a bhumidhar with transferable rights may bequeath his interest in any holding by Will.
(2) In relation to a bhumidhar with transferable rights belonging to a scheduled caste or scheduled tribe, the provisions of Sections 98 and 99 shall apply to the making of bequests as they apply to transfer during life time.
(3) Every Will made under this section shall, notwithstanding anything contained in any law, custom or usage, be in writing attested by two witnesses and registered.
(4) No bhumidhar with non-transferable rights or asami shall have the right to bequeath his interest in any holding by Will.
(5) A bequest made in contravention of the provisions of this section shall be void.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive legal framework governing land revenue and related matters in the state of Uttar Pradesh. Section 107 specifically addresses the rights of a bhumidhar (landholder) or asami (tenant) regarding the bequest of their interests in land holdings.
Section 107 allows a bhumidhar with transferable rights to bequeath their interest in any holding through a will, subject to certain conditions outlined in the subsequent subsections.
The scope of Section 107 extends to all bhumidhars and asamis who possess transferable rights over their holdings. It outlines the legal framework for the transfer of land interests upon death, ensuring that the rights of heirs are protected.
While Section 107 itself does not prescribe specific punishments, it is part of a broader legal framework that includes penalties for violations of the provisions related to land rights and succession.
Keyword - Bequest Rights - Section 107 allows bhumidhars with transferable rights to bequeath their interests in land by will, ensuring the continuity of land ownership within families. -
Keyword - Transferable Rights - The section specifically applies to bhumidhars who possess transferable rights, excluding those with non-transferable rights from bequeathing their holdings. -
Keyword - Legal Heirs - The provisions ensure that the interests of legal heirs are recognized and protected upon the death of the bhumidhar or asami. - [ "Malti Devi VS State of U. P. Through District Magistrate Balrampur"]
Keyword - Succession - Section 107 is part of a larger succession framework in the Uttar Pradesh Revenue Code, which includes Sections 108 and 109 that detail the order of succession. -
Keyword - Will Validity - The bequest must be executed through a legally valid will, adhering to the formalities required under the Indian Succession Act. -
Keyword - Conditions for Bequest - Subsection (2) outlines specific conditions that must be met for the bequest to be valid, emphasizing the need for compliance with legal requirements. -
Keyword - Rights of Widows - The section indirectly supports the rights of widows and children by allowing the deceased bhumidhar's interests to devolve to them through a will. - [ "Malti Devi VS State of U. P. Through District Magistrate Balrampur"]
Keyword - Non-Transferable Rights - Bhumidhar with non-transferable rights are not permitted to bequeath their holdings, highlighting the distinction in rights among different categories of landholders. -
Keyword - Legal Framework - Section 107 is part of a comprehensive legal framework that governs land revenue and succession in Uttar Pradesh, ensuring clarity and legal certainty. -
Keyword - Implications for Land Transactions - The ability to bequeath land interests can have significant implications for land transactions and estate planning among landholders. -
Keyword - Heirship - The section reinforces the principle of heirship, ensuring that the interests of the deceased are passed on to their rightful heirs. - [ "Malti Devi VS State of U. P. Through District Magistrate Balrampur"]
Keyword - Legal Precedents - The application of Section 107 has been subject to judicial interpretation, which has clarified its implications in various legal contexts. - [ "Malti Devi VS State of U. P. Through District Magistrate Balrampur"]
Keyword - Administrative Authority - The implementation of Section 107 falls under the purview of local administrative authorities, who are responsible for overseeing the bequest process. - [ "Malti Devi VS State of U. P. Through District Magistrate Balrampur"]
Keyword - Compliance - Compliance with the provisions of Section 107 is essential for the legal transfer of land interests, and failure to comply may result in disputes. -
Keyword - Future Amendments - The evolving nature of land laws may lead to future amendments in Section 107, reflecting changes in societal norms and legal interpretations. -
Keyword - Judicial Review - The provisions of Section 107 are subject to judicial review, ensuring that any disputes arising from its application can be adjudicated fairly. - [ "Malti Devi VS State of U. P. Through District Magistrate Balrampur"]
Keyword - Land Rights Awareness - There is a need for increased awareness among landholders regarding their rights under Section 107 to prevent exploitation and ensure fair practices. -
Keyword - Intergenerational Equity - The ability to bequeath land interests promotes intergenerational equity, allowing families to maintain their land holdings across generations. -
Keyword - Economic Implications - The provisions of Section 107 can have significant economic implications for families, influencing their financial stability and land management practices. -
Keyword - Legislative Intent - The legislative intent behind Section 107 is to facilitate the smooth transfer of land rights and to uphold the principles of justice and equity in land ownership. -
(1) Subject to the provisions of Section 107, where a bhumidhar or asami, being a male dies, his interest in his holding shall devolve upon his heirs being the relatives specified in sub-section (2) in accordance with the following principles, namely :-
(i) the heirs specified in any one clause of sub-section (2) shall take simultaneously in equal shares;
(ii) the heirs specified in any preceding clause of sub-section (2) shall take to the exclusion of all heirs specified in succeeding clauses, that is to say, those in clause (a) shall be preferred to those in clause (b), those in clause (b), shall be preferred to those in clause (c) and so on, in succession;
(iii) if there are more widows than one, of the bhumidhar or asami, or of any predeceased male lineal descendant who have been an heir,
Section 108 of the Uttar Pradesh Revenue Code, 2006, addresses the devolution of interest in land holdings upon the death of a male bhumidhar, asami, or government lessee. This section is crucial for determining the legal heirs entitled to inherit the deceased's rights in land.
Section 108 outlines the general order of succession for male bhumidhars, asamis, or government lessees, specifying the relatives who are entitled to inherit the deceased's interest in the holding.
The section applies to all male bhumidhars, asamis, or government lessees and outlines the hierarchy of heirs who can claim the deceased's interest in land holdings.
While Section 108 itself does not prescribe specific punishments, it is subject to the provisions of other sections of the Uttar Pradesh Revenue Code that may impose penalties for violations related to land holdings.
Where before or after the commencement of this Code, any woman inherits the interest of a male bhumidhar, asami or Government lessee, in any holding, and such woman dies, marries or remarries after such commencement, then, her interest in the holding shall, subject to the provisions of Sections 107 and 112 devolve upon the nearest surviving heir of the last male bhumidhar, asami or Government lessee, as the case may be.
Explanation. - The expression 'nearest surviving heir' in this section means the heir ascertained in accordance with Section 108.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework governing land revenue laws in the state of Uttar Pradesh. Section 109 specifically addresses the succession rights of women inheriting property as female heirs, reflecting a significant shift towards gender equity in property rights.
Section 109 stipulates that when a woman inherits the interest of a male relative, her rights to that property are recognized and protected under the law. This provision applies to inheritances occurring both before and after the enactment of the Code.
The scope of Section 109 extends to all female heirs, including widows and unmarried daughters, thereby promoting inclusivity in property rights. It also applies mutatis mutandis to individuals admitted as Bhumidhar with non-transferable rights or as asami.
The section does not specify any punitive measures directly associated with violations of its provisions. However, the broader context of the Code may entail legal consequences for non-compliance with inheritance rights.
Where any female bhumidhar or asami or a Government lessee dies, after the commencement of this Code, then her interest in any holding or its part shall subject to the provision of Sections 107 to 109 devolve, in accordance with the order of succession given below :-
(a) son, son's son, son's son's son, predeceased son's; widow, and predeceased son's predeceased son's widow', in equal shares per stripes :
Provided firstly that the nearer shall exclude the remoter in the same branch :
Provided secondly that a widow who has remarried, shall be excluded;
(b) husband;
(c) unmarried daughter;
(d) married daughter;
(e) dau
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue laws in the state of Uttar Pradesh. Section 110 specifically addresses the succession of interests in land holdings upon the death of female bhumidhars, asamis, or government lessees, thereby reflecting the state's approach to inheritance and property rights.
Section 110 stipulates that upon the death of a female bhumidhar, asami, or government lessee, her interest in any holding or part thereof shall devolve upon her heirs as specified in the section. This provision aims to ensure that the property rights of women are recognized and protected.
The scope of Section 110 is limited to female bhumidhars, asamis, or government lessees, thereby focusing on the rights of women in land ownership and inheritance. It reflects an effort to address gender disparities in property rights.
The text does not specify any punitive measures directly associated with Section 110. However, violations of the provisions regarding inheritance may lead to legal disputes and potential civil liabilities.
Nothing in this Chapter shall be construed to apply to the devolution of management of a Hindu devasthanam, math or debutter property or of a Muslim wakf comprising any holding, which shall continue to be governed by such personal or other law as may be applicable to it.
(1) Where before or after the commencement of this Code, two or more co-widows inherit the interest of a male tenure-holder, and any one of them dies or remarries after such commencement without leaving any heir entitled to succeed in accordance with Section 108, the interest of such co-widow shall pass by survivor-ship to the surviving widow, and where there are two or more surviving co-widows, then to the surviving co-widows in equal shares.
(2) Devolution of interest among surviving co-tenure holders. Where any land is held by two or more co-tenure holders, and any one of them dies after the commencement of this Code without leaving any heir entitled to succeed under Sections 108 to 110, the interest of such co-tenure holder shall pass to the surviving co-tenure holders in equal shares.
Notwithstanding anything contained in this Code or any other law for the time being in force, no person other than an Indian citizen and person of Indian origin who has acquired citizenship of any other country shall be entitled to acquire any land or any interest therein either by bequest or by inheritance.
The devolution of interest in any holding under this Chapter shall be subject to the following conditions :-
(a) If a bhumidhar or asami dies instate, and at the time of his death, a child was in the womb who was subsequently born alive, then such child shall have the same right to inherit as if he or she had been born before the death of such bhumidhar or asami, and the inheritance shall be deemed to vest in such a case with effect from the date of death of such bhumidhar or asami;
(b) Where two persons have died in circumstances rendering it uncertain whether either of them and if so which survived the other, then for purposes of devolution of interest in any holding, it shall be presumed, until the contrary is proved, that the younger survived the elder;
(c) A person who commits murder of a
(1) Where a bhumidhar or an asami holding land from a Gram Sabha dies without known heir, the Sub-Divisional Officer may take possession of the land held by such bhumidhar or asami, and may lease it for a period of one agricultural year at a time, in the manner prescribed.
(2) The terms and conditions of every lease under sub-section (1) shall be such as may be prescribed.
(3) If within three years of the date on which the Sub-Divisional Officer takes possession of the land any claimant applies for the land restored to him, the Sub-Divisional Officer may, after such inquiry as he thinks fit, allow or reject his claim.
(4) Any person aggrieved by all order rejecting his claim under sub-section (3) may, within one year from the date of communication of such order to him, file a suit for declarat
(1) A bhumidhar may sue for the division of the holding of which he is a co-sharer.
(2) In every such suit, the Court may also divide the trees, wells and other improvements existing on such holding.
(3) One suit may be instituted for the division of more holdings than one where all the parties to the suit other than the Gram Sabha are jointly interested in each of the holdings.
(4) To every suit under this section, the Gram Sabha concerned shall be made a party.
Section 116 of the Uttar Pradesh Revenue Code, 2006, provides a legal framework for co-sharers of agricultural land to seek division of their holdings. This section is significant in the context of land revenue and property rights in Uttar Pradesh, facilitating the partition of land among co-owners.
Section 116 allows a bhumidhar (landholder) to file a suit for the division of the holding of which they are a co-sharer. The section outlines the procedure for such suits and the powers of the court in adjudicating these matters.
While Section 116 itself does not prescribe specific punishments, it is subject to the broader legal framework of the Uttar Pradesh Revenue Code, which may impose penalties for non-compliance with court orders or for obstructing the legal process.
(1) In every suit for division of holding under Section 116 the Court of Assistant Collector shall -
(a) follow such procedure as may be prescribed;
(b) apportion the land revenue payable in respect of each such division.
(2) A division of holding referred to in Section 116 shall not affect the joint liability of the tenure-holders there of in respect of the land revenue payable before the date of the final decree.
(1) A bhumidhar may surrender his interest in any holding or any part thereof by giving an application in writing to the Tahsildar intimating his intention to do so and by giving up possession thereof to him whether or not such holding is let.
(2) Where only part of a holding has been surrendered, the Tahsildar shall apportion the land revenue payable by such bhumidhar.
Section 118 of the Uttar Pradesh Revenue Code, 2006, addresses the process by which a bhumidhar (landholder) can surrender their interest in land holdings. This provision is significant as it outlines the formalities and implications of surrendering land rights, ensuring a structured approach to land tenure management in Uttar Pradesh.
Section 118 allows a bhumidhar to surrender their interest in any holding or part thereof by submitting a written application to the Tahsildar. The section also stipulates the procedure for apportioning land revenue in cases where only part of a holding is surrendered.
The scope of Section 118 encompasses:- The rights of bhumidhars to voluntarily relinquish their land holdings.- The administrative process involved in such a surrender.- The implications for land revenue obligations post-surrender.
The section does not explicitly outline punishments for non-compliance or wrongful surrender; however, it implies that failure to follow the prescribed procedure may lead to administrative complications or disputes.
An asami may surrender his interest in any holding (but not any part thereof) by giving notice in writing to the land holder intimating his intention to do so, and by giving up possession thereof to him.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue laws in the state of Uttar Pradesh. It consolidates and amends various provisions related to land management, rights, and obligations of landholders and tenants. Section 119 specifically addresses the process by which an asami (tenant) can surrender their interest in a holding.
Section 119 allows an asami to surrender their interest in any holding by providing written notice to the landholder. This provision ensures that the surrender process is formalized and documented, thereby protecting the rights of both parties involved.
The scope of Section 119 is limited to the surrender of interests in land holdings by asamis. It does not extend to other forms of land transactions or partial surrenders, thereby maintaining clarity in the rights and obligations of the parties involved.
The section itself does not prescribe any specific punishment for non-compliance or failure to follow the surrender process. However, related sections may impose penalties for failure to adhere to the overall provisions of the Revenue Code.
(1) A bhumidhar or asami shall be deemed to have surrendered any land held by him, with effect from the date when possession over such land is given up in accordance with Section 118 or Section 119.
(2) Where any land is so surrendered -
(a) by an asami, his right, title or interest in such land shall be deemed to have been extinguished from the date of such surrender,
(b) by a bhumidhar, the right, title and interest of such bhumidhar and of every other person claiming through him in such holding or its part shall be deemed to have been extinguished from the said date.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land tenure and revenue management in the state of Uttar Pradesh. Section 120 specifically addresses the implications of surrendering land by bhumidhars (landholders) or asamis (tenants).
Section 120 outlines the effect of surrendering land held by a bhumidhar or asami. It stipulates that such surrender is effective from the date when possession is relinquished.
This section applies to all bhumidhars and asamis within Uttar Pradesh who wish to surrender their land holdings. It clarifies the legal consequences of such actions, particularly concerning their rights and obligations.
Section 120 does not prescribe any specific punishment for violations, as it primarily deals with the procedural aspects of land surrender rather than criminal conduct.
Notwithstanding the provisions of Sections 118 to 120, the bhumidhar, or asami shall continue to be liable to pay the land revenue or the rent, as the case may be, for the holding in respect of the agricultural year next following the date of surrender, unless the notice of surrender was given before the first day of April.
(1) If a bhumidhar does not pay the land revenue and does not use it for agriculture for a continuous period of three agricultural years and has left the village in which he usually resides and whose whereabouts are not known, then the Collector may, after such inquiry, as he may deem necessary, take possession of the land held by such bhumidhar.
(2) Where the Collector has taken possession of any land under subsection (1), he may let it out on behalf of the bhumidhar for a period of one agricultural year at a time in the manner prescribed.
(3) If the bhumidhar or any other person lawfully entitled to the land claims it within a period of three years from the commencement of the agricultural year next following the date on which the Collector took possession thereof, it shall be restored to him on payment of dues, if any and on such term
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Section 122 specifically addresses the issue of abandonment by bhumidhars (landholders) and outlines the consequences of non-compliance with land revenue obligations.
Section 122 stipulates that if a bhumidhar fails to pay land revenue and does not use the land for agricultural purposes for a continuous period of three agricultural years, the land shall be deemed abandoned. Consequently, the holding will vest absolutely in the State Government free from all encumbrances.
The scope of Section 122 is significant as it empowers the State Government to reclaim land that is not being utilized effectively. This provision aims to prevent land from being left idle and ensures that agricultural land is put to productive use.
The primary consequence for violating Section 122 is the automatic vesting of the land in the State Government, which is a form of administrative sanction rather than a criminal punishment.
Abandonment - Section 122 defines abandonment in terms of non-payment of revenue and non-use of land for agriculture, emphasizing the importance of active land management. -
Vesting of Land - The section mandates that abandoned land shall vest absolutely in the State Government, highlighting the state's authority over land management. -
Continuous Period - The requirement of a continuous period of three agricultural years for abandonment ensures that temporary hardships do not lead to loss of land. -
Legal Framework - Section 122 is part of a broader legal framework aimed at regulating land use and ensuring agricultural productivity in Uttar Pradesh. -
Judicial Interpretation - Courts have upheld the provisions of Section 122, reinforcing the state's right to reclaim land that is not being utilized. - [ "Ram Prasad VS Addl. Commissioner, Judicial, Lko"]
Impact on Bhumidhars - The section serves as a warning to bhumidhars regarding their responsibilities, thereby promoting accountability in land use. -
Administrative Efficiency - The automatic vesting of land in the state reduces bureaucratic delays in reclaiming unused land, promoting efficient land management. -
Public Utility - The reclamation of abandoned land can be redirected towards public utility projects, enhancing community resources. - [ "Ram Prasad VS Addl. Commissioner, Judicial, Lko"]
Legal Recourse - Bhumidhars facing action under Section 122 may seek judicial review, although courts have shown reluctance to interfere with administrative decisions unless there is a clear jurisdictional error. - [ "Ram Prasad VS Addl. Commissioner, Judicial, Lko"]
Encumbrances - The provision states that the land will be free from all encumbrances upon vesting, which simplifies the process for the state to manage reclaimed land. -
Eligibility Criteria - The section indirectly influences eligibility criteria for land allotment, as it establishes conditions under which land can be reclaimed. - [ "Ram Prasad VS Addl. Commissioner, Judicial, Lko"]
Land Management Committee - The role of the Land Management Committee is crucial in overseeing the implementation of Section 122 and ensuring compliance among bhumidhars. - [ "Ram Prasad VS Addl. Commissioner, Judicial, Lko"]
Judicial Precedents - Previous court rulings have emphasized that any changes to land use or ownership must adhere strictly to the provisions outlined in Section 122. - [ "Ram Prasad VS Addl. Commissioner, Judicial, Lko"]
Public Awareness - There is a need for increased public awareness regarding the implications of Section 122 to prevent unintentional abandonment of land. -
Policy Implications - The provisions of Section 122 may influence state policies on land use and agricultural development, aiming to maximize land productivity. -
Future Amendments - Given the evolving nature of land management, future amendments to Section 122 may be necessary to address contemporary challenges in agricultural practices. -
Economic Impact - The enforcement of Section 122 can have significant economic implications, as it encourages the productive use of land, thereby contributing to the state's agricultural output. -
Social Justice - The reclamation of abandoned land can also be viewed through the lens of social justice, as it allows for redistribution of land to those who can utilize it effectively. -
Administrative Challenges - Implementing Section 122 may pose administrative challenges, particularly in accurately assessing land use and revenue payments. -
Long-term Sustainability - The provisions of Section 122 contribute to long-term sustainability in land use by discouraging abandonment and promoting agricultural activity. -
Where any holding has been abandoned under Section 122, the following consequences shall ensue, namely -
(a) the holding shall vest absolutely in the State Government free from all encumbrances;
(b) the bhumidhar concerned shall cease to have any right, title of interest in such holding;
(c) the bhumidhar concerned shall continue to be liable for land j revenue due in respect of such holding for the agricultural year during which the order referred to in sub-section (4) of the said section was made.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework governing land tenure and revenue management in the state of Uttar Pradesh. Section 123 specifically addresses the consequences of abandonment of land holdings, outlining the legal ramifications for landowners who fail to utilize their land.
Section 123 of the Uttar Pradesh Revenue Code stipulates that if a landholding is abandoned, it shall vest absolutely in the State Government free from all encumbrances. This section is crucial in ensuring that abandoned lands are not left idle and can be utilized for public benefit.
The scope of Section 123 extends to all bhumidhars who abandon their holdings, ensuring that the state can reclaim and repurpose such lands for agricultural or developmental purposes. This provision aims to prevent wastage of valuable land resources.
While Section 123 itself does not prescribe specific punishments for abandonment, it does imply that failure to adhere to the provisions may lead to legal consequences, including potential penalties under related sections of the law.
(1) When the interest of a bhumidhar in any land is extinguished under the provisions of this Code or any other law for the time being in force, the Sub-Divisional Officer may on the application of the Gram Sabha concerned evict any person in unauthorised occupation of such land and deliver possession thereof to the Gram Sabha in such manner as may be prescribed.
(2) The provisions of sub-section (1) shall mutatis mutandis apply to the eviction of an asami holding land from a Gram Sabha, or from a bank under sub-section (2) of Section 95.
The Bhumi Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer, admit any person as -
(a) bhumidhar with non-transferable rights to any land entrusted or I deemed to be entrusted to the Gram Sabha under Section 59 other than land specified in Section 77;
(b) asami to any land specified in Section 77 except in clause (a) or clause (h) or (i) thereof where such land is entrusted or deemed to be entrusted to the Gram Sabha under Section 59 other than j a tank specified in clause (a) of Section 61.
(1) In the admission of any person to land as bhumidhar with non-transferable rights or as asami under Section 125, hereinafter in this Chapter referred to as allotment of land, the Bhumi Prabandhak Samiti shall observe the following order of preference -
(a) a landless widow, sons, unmarried daughters or parents residing in the Gram Sabha of a person who has lost his wife while in active service in the Armed Forces of the Union.
(b) a landless person residing in the Gram Sabha who has become wholly disabled while in active service in the Armed Forces of | the Union;
(c) a landless agricultural labourer residing in the Gram Sabha and belonging to a Scheduled Caste or Scheduled Tribe, other back- I ward class or a person of general category living below poverty j line as determined by the State
(1) Where any land is allotted to a person in accordance with Sections 125 and 126 and any tree or other improvement exists on such land, then unless the contrary intention appears, such tree or improvement shall also be deemed to be allotted to the person concerned along with the land.
(2) The allottee shall hold the land so allotted on such term and conditions as may be prescribed.
(1) The Collector may, of his own motion and shall on the application of any person aggrieved, inquire in the manner prescribed into any allotment and if he is satisfied that the allotment is in contravention of the provisions of this Code or any of the enactments repealed by this Code or the rules made thereunder, he may cancel the allotment and the lease, if any.
(a) in the case of an allotment of land made before the commencement of this code, within five years from the date of such commencement;
(b) in the case of an allotment of land made on or after the date of such commencement, within five years from the date of such allotment or lease.
(2) Where the allotment of lease of any land is cancelled under sub-section (1), the following consequences shall ensue, namely :-
(1) Where any person is admitted to any land in accordance with Section 125, or where any land is let out to any person by the State Government and any person, other than the allottee or lessee, is in occupation of such land in contravention of the provisions of this Code, the Assistant Collector may, of his own motion, and shall, on the application of the allottee of the lessee, as the case may be, put him in possession of such land, and may for that purpose use or cause to be used such force as he considers necessary.
(2) The provisions of sub-sections (2) to (8) of Section 65 shall mutatis mutandies apply in relation to reoccupation of any land or part thereof after possession has been delivered under sub-section (1).
No bhumidhar shall be liable to ejectment from the land held by him except as provided by or under this Code.
(1) No asami shall be liable to ejectment from the land held by him, except on a suit of the land-holder or Gram Sabha, which may be filed on one or more of the following grounds, namely -
(a) that the interest of the asami in the land held by him has extinguished under the provisions of this Code;
(b) that the asami was holding land from year to year or for a period, which has already expired or will expire before the end of the current agricultural year;
(c) that the asami is using the land for any purpose not permitted by Section 84;
(d) that the land-holder was suffering from any of the disabilities referred to in sub-section (1) of Section 95 and either his disability has ceased or he wishes to bring the land under his personal cultivation.
(1) Wherein execution of a decree passed in a suit under Section 131, an asami is ejected, and the Court is satisfied that any ungathered crops or trees belonging to the judgment-debtor exist on the land, the Court shall, not withstand anything contained in the Code of Civil Procedure, 1908, proceed in the following manner :
(a) if the amount due from the judgment-debtor is equal to or greater than the value of such crops or trees, the Court shall deliver the possession of the land with the crops and trees to the decree holder, and all rights of the judgment-debtor in or upon such crops or trees shall therefore pass to the decree-holder;
(b) if the amount due from the judgment-debtor is less than the value of such crops or trees, and -
(i) the decree-holder pays the difference between such amo
The Gram Sabha or the land-holder may, in lieu of suing for ejectment of an asami under Section 131, file a suit in the Court of Sub-Divisional Officer.
(a) for injunction restraining him from putting the land to any unauthorised use or causing any waste or damage to it;
(b) for compensation for such use, waste or damage; or
(c) for repair of the waste or damage caused to the land.
(1) Where a person takes or retains possession of any land forming part of the holding of any bhumidhar or asami otherwise than in accordance with the provisions of the law for the time being in force and without the consent of such bhumidhar or asami, such person shall be liable to ejectment on the suit of the bhumidhar or asami concerned, and shall also be liable to pay damages at the rate prescribed.
(2) To every suit relating to any land referred to in sub-section (1), the State Government and Gram Sabha shall be impleaded as necessary parties.
If a suit for ejectment from any land under sub-section (1) of Section 134 is not instituted by a bhumidhar or asami, or if a decree for ejectment obtained in any such suit is not executed within the period of limitation provided for the institution of such decree, as the case may be, the following consequences shall ensue, with effect from the date of expiry of such period namely -
(a) where the land forms part of the holding of a bhumidhar with transferable rights, the person taking or retaining possession shall become bhumidhar with non-transferable rights and shall be liable to pay land revenue therefor at double the pre-existing rates;
(b) where the land forms part of the holding of a bhumidhar with non-transferable rights, the person taking o retaining possession shall become like bhumidhar with non-transferable right and shall be
(1) The Sub-Divisional Officer may, of his own motion or the application of the Gram Sabha or other local authority, eject any person taking or retaining possession of any land specified in sub-section (2), if such possession is in contravention of the provisions of this Code and is without the consent of such Gram Sabha or the local authority and shall also be liable to pay damages at the rates prescribed.
(2) The provisions of sub-section (1) shall apply to the following categories of land, namely -
(a) any land entrusted or deemed to be entrusted to any Gram Sabha or local authority under the provisions of this Code or any other law for the time being in force;
(b) any land over which a Gram Sabha or local authority is entitled to take possession under the provisions of this Code;
(1) An asami ejected or apprehending ejectment from or prevented from obtaining possession of any land otherwise than in accordance with the provisions of any law for the time being in force, may sue the person so ejecting him, trying to eject him or keeping him out of possession -
(i) for possession of the land;
(ii) for compensation for wrongful dispossession; or
(2) When a decree is passed for compensation for wrongful dispossession but not possession the compensation awarded shall be for the whole period during which the asami was entitled to remain in possession.
Subject to such restrictions and conditions as may be prescribed, an asami shall, on being admitted to the occupation of any land, be liable to pay such rent as may be agreed upon between him and his landholder or the Gram Sabha, as the case may be.
(1) Where any person is in occupation of any land as an asami, without the rent being agreed upon, the asami or his landholder may apply to the Tahsildar for fixation of rent.
(2) On receipt of an application under sub-section (1), the Tahsildar shall make an inquiry in such manner as may be prescribed, and shall fix the rent in accordance with the rules made under this Code.
(3) The rent fixed under sub-section (2) shall be payable by the asami with effect from the date when he occupied the land as such asami.
(4) Any person aggrieved by an order of the Tahsildar under sub-section (2) may file an appeal to the Sub-Divisional Officer, and notwithstanding anything contained in other provisions of this Code, the order of the Sub-Divisional Officer shall be final.
(1) Where the Court hearing a suit for recovery of arrears of rent is satisfied that the holding was substantially decreased by diluvion or otherwise, or the produce thereof was substantially diminished by drought, hail, deposit of sand or other calamity during the period for which the arrear is claimed, it may allow such remission from the rent, as may appear to it to be just:
Provided that no such remission shall be deemed to vary the rent payable by the asami otherwise than for the period in respect of which it is made.
(2) Where a Court allows remission under sub-section (1) the State Government or any authority empowered by it in this behalf, shall order consequential remission in the land revenue in accordance with such principles as may be prescribed.
(1) Where the rent in respect of any holding is payable otherwise than in cash, the Assistant Collector may, of his own motion or on the application of the Gram Sabha or the person by or to whom the rent is payable, commute the rent in the manner prescribed.
(2) The rent commuted under sub-section (1) shall be payable from the first day of July following the date of die order of commutation unless the order provides for some other date.
Arrears of rent due from an asami holding land from a Gram Sabha or other local authority either before or after the commencement of this Code, shall be recoverable as an arrear of land revenue.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land tenure and revenue management in the state of Uttar Pradesh. Section 142 specifically addresses the recovery of arrears of rent from tenants (asami) holding land from local authorities, such as Gram Panchayats.
Section 142 outlines the procedures and rights related to the recovery of rent arrears owed by tenants (asami) to local authorities. It establishes the legal basis for local authorities to recover dues from tenants who have failed to pay their rent.
The scope of Section 142 extends to all tenants holding land from local authorities in Uttar Pradesh. It provides a legal mechanism for these authorities to recover dues, ensuring that the rights of the local authorities are protected while also outlining the responsibilities of tenants.
While Section 142 primarily focuses on the recovery of rent, it also implies that failure to comply with the payment of dues may lead to legal consequences, including potential imprisonment for up to two years for unlawful occupation of land.
The whole or any part of the arrears of rent, in respect of any land or other property entrusted or deemed to be entrusted to a Gram Sabha or other local authority under the provisions of this Code may, is such circumstances as may be prescribed, be written off as irrecoverable by the Bhumi Prabandhak Samiti or by the local authority, as the case may be, by resolution passed in that behalf :
Provided that no resolution passed by a Bhumi Prabandhak Samiti shall take effect until it is confirmed by the Sub-Divisional Officer.
(1) Any person claiming to be a bhumidhar or asami of any holding or part thereof, whether exclusively or jointly with any other person, may sue for a declaration of his rights in such holding or part.
(2) In every suit under sub-section (1) instituted by or on behalf of :-
(a) a bhumidhar, the State and the Gram Sabha shall be necessary parties;
(b) an asami, the land-holder shall be a necessary party.
Notwithstanding anything to the contrary contained in Section 34 of the Specific Relief Act, 1963, the Gram Sabha may institute a suit against any person claiming to be entitled to any right in any land for the declaration of the right of such person in such land and the Court may, in its discretion, make a declaration of the right of such person and the Gram Sabha need not in such suit ask for any further relief.
If in the course of a suit under Section 144 or 145, it is proved by affidavit or otherwise -
(a) that any property, tree or crops standing on the land in dispute is in danger of being wasted, damaged or alienated by any party to the suit; or
(b) that any property to the suit threatens or intends to remove or dispose of the said property, trees or crops in order to defeat the ends of justice, the Court may grant a temporary injunction, and where necessary, also appoint a receiver.
Every person who holds; any land on lease from the State Government, whether such lease was granted before or after the commencement of this Code, shall be called a Government lessee in respect of such land.
Notwithstanding anything contained in this Code, every Government lessee shall be entitled to hold such land in accordance with the terms and conditions of the lease.
A Government lessee may be evicted from the land held by him on one or more of the following grounds, namely -
(a) that he has failed to pay the rent or any other sum due under the lease within six months from the date on which it became due.
(b) that he has used such land for any purpose other than that for which it was granted;
(c) that the term of Iris lease has expired or the lease has been cancelled;
(d) that he has contravened any terms or conditions of the lease.
The provisions of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupations), Act, 1972 shall, mutatis mutandis, apply to the eviction of Government lessee as apply to the unauthorised occupants within the meaning of that Act, and the Sub-Division Officer shall be deemed to be the prescribed authority for the purposes of that Act.
(1) If a person takes or retains possession over any land, let out to a Government lessee, otherwise than in accordance with the terms and conditions of the lease and without the consent of such lessee, such person shall be liable to ejectment on the suit of the Government lessee concerned and shall also be liable to pay damages at the rates prescribed.
(2) The State Government shall be made a party, but the Gaon Sabha shall not be a necessary party to a suit instituted under sub-section (1).
(3) If a suit for eviction referred to in sub-section (1) is not instituted by a Government lessee or a decree for eviction obtained in any such suit is not executed within the period of limitation provided therefor, then the following consequences shall, with effect from the expiry of such period ensue, namely -
&nb
Arrears of rent or any other sum due from a Government lessee may be recovered as an arrear of land revenue.
(1) All lands held by a bhumidhar, wherever situate and to whatever purpose applied; shall be liable to assessment (by such authority and in such manner as may be prescribed) and payment of land revenue to the State Government :
Provided that the State Government may by notification exempt any land, whether wholly or partially, from such liability on such terms and conditions as it may think fit.
(2) Land revenue may be assessed on land, notwithstanding that it has been exempted under the proviso to sub-section (1).
(3) No length of occupation shall release any land from the liability to payment of land revenue.
(4) Notwithstanding anything contained in sub-section (1); sub-section (2) or sub-section (3), the following lands shall be exempted from t
(1) Every person, who held any land as a bhumidhar from before the date of commencement of this Code, shall pay and continue to pay to the State Government, the same amount of land revenue which he was liable to pay in respect of such land for the agricultural year preceding the year in which this Code comes into force.
(2) Every person, who after such commencement, acquires bhumidhari rights in any land shall, subject to the provisions of this Code, pay to the State Government the same amount of land revenue which was payable in respect of such land, immediately before the date of such acquisition.
(3) Every person who after such commencement, acquires bhumidhari rights in any land, where no land revenue was payable in respect of such land immediately before the date of such acquisition, shall be liable to pay land revenue determined by
Notwithstanding anything contained in this Chapter, the land revenue payable by a bhumidhar may be varied in the manner prescribed on the ground of an increase or decrease in the area of his holding or in the productivity of the land comprised therein by fluvial action or other natural cause.
Notwithstanding anything contained in this code, every member of a family, the total area of land held by whose members as bhumidhar, does not exceed 1.26 hectares (3.125 acres) shall be exempted from the liability to pay land revenue to the Slate Government.
(1) Notwithstanding anything contained in this Code, the State Government may, on the occurrence of an -agricultural calamity affecting the crops of any village, or part of a village, remit or suspend, for any period, the whole or any part of the land revenue of any holding affected by such calamity.
(2) The State Government may likewise remit or suspend, for any period, the rent payable by an asami to the Gram Sabha, in village or part where such calamity.
Whenever the land revenue is increased or decreased under Section 155 or is remitted or suspended under Section 157, the State Government may increase or decrease or as the case may be, remit or suspend the whole or part of any rent payable by an as asami, other than an asami of a Gram Sabha.
Where the payment of any rent has been suspended under Section 157 -
(a) the period during which such suspension continues shall be excluded in computing the period of limitation allowed for a suit for recovery of the rent, and
(b) no suit or application shall lie, for the period of such suspension, for its recovery.
Every order of the State Government under this Chapter shall be final and shall not be called in question in any Court.
Where the amount payable on account of land revenue or any instalment thereof involves a fraction of a rupee, the same shall be rounded off to the nearest rupee, and for this purpose, where such amount contains a part of a rupee, then if such part is fifty paise or more, it shall be increased to one rupee, and if such part is less than fifty paise, it shall be ignored.
(1) The Collector shall inquire annually into the case of all lands exempted from the payment of land revenue.
(2) If the exemption has been granted on any condition and the same has been broken, he shall report the matter to the Board for orders, and the orders of the Board thereon shall be final.
(1) The land revenue assessed on any holding shall be the first charge on such holding, and also on trees or building standing thereon or the rents, profits or produce thereof.
(2) The claim of the State Government in respect of any other sum recoverable as arrears of land revenue shall have priority over all unsecured claims against any land and the holder thereof.
All co-bhumidhars of any holding shall be jointly and severally liable to the State Government for the payment of land revenue for the time being assessed thereon and all person succeeding whether by devolution or otherwise to the interest of such bhumidhars shall be liable for all arrears of land revenue due in respect of such land.
The land revenue leviable in respect of an agricultural year shall become due on the first day of that year, and shall be payable at such times, in such instalments, to such persons, at such places and in such manner as may be prescribed.
The State Government may make such arrangements and employ such agency for the collection of land revenue as it may deem fit.
Any land revenue due and not paid on or before the date specified in Section 165 becomes there from an arrear and the persons liable for its payment shall become defaulters.
A statement of account certified by the Tahsildar shall, for the purposes of this Chapter, be conclusive evidence of the existence of the arrear of land revenue, of its amount and of the person who is the defaulter.
As soon as an arrear of land revenue has become due, a writ of demand may be issued by the Tahsildar against the defaulter calling upon him to appear or to pay the amount within a time to be specified.
(1) An arrear of land revenue remaining unpaid within the time specified in the writ of demand, may be recovered by any one or more of the following processes, namely -
(a) by arrest and detention of the defaulter;
(b) by attachment and sale of his movable property including agricultural produce;
(c) by attachment of any bank account or locker of the defaulter;
(d) by attachment of the land in respect of which the arrear is due;
(e) by lease or sale of the land in respect of which the arrear is due;
(f) by attachment and sale of other immovable property of the defaulter;
(g) by appointing a receiver of any property,
(1) Any person committing default in payment of an arrear of land revenue may be arrested and detained in custody in the Tahsil lock-up and if there is no such lock-up, at such other place as may be prescribed, for a period not exceeding fifteen day, unless the arrears are sooner paid.
(2) Notwithstanding anything contained in sub-section (1) no person shall be liable to arrest or detention for an arrear of land revenue, where and for so long as such person -
(a) is a woman or a minor, or a senior citizen of 65 years, or a person as referred in Section 95(1)(a);
(b) belongs to the Armed Forces of the Union;
(c) is exempt under Section 133, 135 or 135-A of the Code of Civil Procedure, 1908.
(3) No person s
(1) The Sub-Divisional Officer may attach and sell movable properties of the defaulter including agricultural produce.
(2) The following properties shall be exempted from attachment under sub-section (1) and sale under sub-section (5), namely -
(a) the necessary wearing apparel, cooking, vessels, beds and bedding of the defaulter, his wife and children and such personal ornaments as, in accordance with the religious usage, cannot be parted with by any woman;
(b) tools of a village artisan and, if the defaulter is an agriculturist, his implements of husbandry (except an implement driven by mechanical power) and such cattle and seed as may in the opinion of the attaching officer be necessary to enable him to earn his livelihood as such;
(c) articles s
The attachment of any bank account of the defaulter shall, so far as possible, be made by serving a garnishee order on the Manager in charge of the branch of the bank concerned in the manner laid down in Rules 46, 46-A and 46-B of Order XXI contained in the First Schedule to the Code of Civil Procedure, 1908, and in the case of a locker hired by the defaulter, the same shall be sealed in the presence of such Manager who shall, thereafter, await further orders of the Sub-Divisional Officer regarding preparation of inventory of its contents and their ultimate disposal.
(1) The Sub-Divisional Officer may attach any land in respect of which any arrears of land revenue is due.
(2) Where the amount of arrears in respect of which attachment was made under sub-section (1) is paid, such attachment shall withdrawn.
(3) If the amount of arrears is not paid within a period of thirty days from the date of such attachment, the Collector may proceed in accordance with the provisions of Section 175 or Section 176, as the case may be.
(1) Where any land is attached under Section 174 the Sub-Divisional Officer may, notwithstanding anything contained in the Code but subject to such conditions as may be prescribed, let out the same for such period not exceeding ten years (commencing from the first day of July to next following) as he deems fit, to any person other than the defaulter.
(2) The person to whom any land is let out under sub-section (1) shall be bound to pay the whole of the arrears due in respect of such land and to pay the land revenue, during the period of lease, at the rate payable by defaulter in respect of such land immediately preceding its attachment.
(3) If during the period of lease, the lessee commits default in payment of any amount due under the lease, and no other person is to take the land on lease for the remaining period thereof then such amou
(1) Where a suitable person is not forthcoming to take on lease the land attached under Section 174, or where the lease of such land is determined under Section 175, the Sub-Divisional Officer may sell the whole or any part of such land in such manner as may be prescribed appropriate the sale proceeds in accordance with Section 200.
(2) The Sub-Divisional Officer shall report to the Collector every sale of land under sub-section (1).
Notwithstanding anything contained in any law for the time being in force, the Collector may realize any arrears of land revenue by attachment and sale of the interest of a defaulter in any other immovable property belonging to such defaulter :
Provided that the house or other building (with materials and sites thereof) and the land immediately appurtenant thereto belonging to agriculturist and occupied by him shall be exempted from attachment of the section.
Explanation. - For the purposes of this section, the expression 'agriculturist' shall have the meaning assigned to it in Section 172.
(1) Where any arrear of land revenue is due from any defaulter, the Collector may by order -
(a) appoint, for such period as he may deem fit, a receiver of any movable or immovable property of the defaulter;
(b) remove any person from the possession or custody of the property and commit the same to the possession, custody or management of the receiver;
(c) confer upon the receiver all such powers as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits and the execution of documents, as the defaulter himself has, or such those powers as the Collector thinks fit.
(2) Nothing i
For the purposes of collection of land revenue or other dues recoverable as arrears or land revenue, in accordance with this Chapter, the Recovery Officer shall follow such procedure as may be, prescribed.
(1) The costs of any of the processes mentioned in Sections 170 to 178 including costs of arrest and detention shall be such as may be prescribed.
(2) The State Government may impose collection charges at a rate, not exceeding ten percent of the amount due, as may be prescribed :
Provided that no collection charges shall be payable if the amount due is paid before arrest of the defaulter or before sale or the attached property, as the case may be.
(3) Such costs and collection charges may be added to and be recoverable in the same manner as an arrear of land revenue.
(1) If at any time before or after the commencement of any proceedings for the recovery of any arrears of land revenue under this Chapter, the defaulter dies, the proceedings (except arrest and detention) may be commenced or continued against the legal representatives of the defaulter as if the legal representatives were themselves the defaulter :
Provided that such legal representative shall be liable only to the extent of the property of the deceased which has come to his or her hands.
(2) Where any person has become surety for the amount due from the defaulter he may be proceeded against under this Chapter as if be were himself the defaulter.
(1) Every process of attachment of any immovable property under Section 174 or Section 177, or for lease of any land under Section 175 shall be issued by the Collector.
(2) Every such attachment shall be effected in the manner prescribed in Order XXI, Rule 54 of the First Schedule to the Code of Civil Procedure, 1908.
(1) Where any claim is preferred by any person other than the defaulter or any person claiming under him in respect of any property attached under this Chapter, the Collector may, after an inquiry, held after reasonable notice, admit or reject such claim :
Provided that no such claim shall be entertained,
(a) where, before the claim is preferred, the property attached has already been sold; or
(b) where the Collector considers that the claim is designedly or unnecessarily delayed; or
(c) where the claim is preferred after 30 days from the date of attachment.
(2) The person against whom an order is made under sub-section (1) may, within three months from the date of the order, prefer an appeal before the C
(1) Where any immovable property is sought to be sold under the provisions of this Chapter, the Collector or an Assistant Collector authorised by him, shall issue a proclamation of the intended sale in the form prescribed specifying therein -
(a) the details of the property sought to be sold;
(b) the estimated value of such property;
(c) the land revenue, if any, payable therefor;
(d) the encumbrances, if any;
(e) the amount of arrears for the recovery of which property is sought to be sold;
(f) the date, time and place of the intended sale; and
(2) Where the area of the Land sought to be sold exceeds 5.04 hectares,
A copy of the sale proclamation referred to in Section 184 shall be affixed in each of the following places -
(a) the office of the Collector;
(b) the office of the Tahsildar of the tahsil in which the property situate;
(c) some other public building in the village or the area in which the property is situate;
(d) the dwelling house of the defaulter.
(1) Every such sale shall be made by the Collector or by the Assistant Collector authorised by him.
(2) No sale shall take place on a Sunday or other holiday notified for State Government offices.
(3) The Collector or the Assistant Collector may, from time to time, postpone the sale for any sufficient reason.
(4) Where a sale is postponed for a period longer than twenty one days, or where the property is resold for default in payment of the purchase money, a fresh proclamation shall be issued in the form prescribed for the original sale.
If the defaulter pays the arrears in respect of which the property is to be sold together with the cost of the process at any time before the date fixed for the sale, the officer conducting the sale shall stop such sale.
(1) No officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, directly or indirectly, bid for or acquire or attempt to acquire the property sold or any interest therein.
(2) Where no bid is offered upto the amount for which the sale has been ordered, the Collector may order for bid upto the amount of such arrears.
(1) The person declared to be the purchaser shall be required to deposit immediately twenty five percent of the amount of his bid, and in default of such deposit, the property shall be forthwith re-sold, and such person shall be liable for the expenses incurred on the first sale and any deficiency in price occurring on re-sale, and the same may be recovered from him by the Collector as if the same were an arrear of land revenue.
(2) A deposit under sub-section (1) may be made either in cash or by a demand draft (issued by a scheduled bank) or partly in cash and partly by such draft.
Explanation. - For the purposes of this section, the expression demand draft includes a banker's cheque.
The balance amount of the purchase money shall be paid by the purchaser on or before the fifteenth day from the date of the sale in the office of the Collector or at the district treasury or sub-treasury; and in case of default -
(a) the property shall be resold; and
(b) the deposit made under Section 189 shall be forfeited to the State Government.
Where the right, title or interest of a person belonging to a Scheduled Caste or Scheduled Tribe in any land is sold by public auction under or in accordance with the provisions of this Code, and any other person belonging to such caste or tribe pays at amount equal to the amount of the highest bid within a period of thirty days from the date of such auction, then, notwithstanding anything contained in any other provision of this Code or any other law for the time being in force, the person so offering the amount shall be entitled to preference in the matter of sale over and above any person not belonging to such caste or tribe :
Provided that if there are more persons than one making such deposit, bids shall be called from them on the spot, and the highest bidder shall be entitled to such preference.
(1) Any person whose holding or other immovable property has been sold under this Chapter-may, at any time within thirty days from the date of sale, apply to the Collector for setting aside the sale, on his depositing, in the office of the Collector or at the district treasury or sub-treasury -
(a) for payment to the purchaser, a sum equal to five percent of the purchase money; and
(b) for payment on account of the arrear, the amount specified in the sale proclamation, less any amount which may, since the date of such proclamation have been paid on account;
(c) The cost of the processes of sale including the collection charges, if any.
(2) If the amount has been deposited in accordance with sub-section (1) the Collector shall set aside the sale.
(1) At any time within thirty days from the date of sale, the defaulter or the auction purchaser or any other person whose interests are affected by such sale, may apply to the Commissioner to set aside the sale on the ground of any material irregularity or mistake in publishing or conducting it.
(2) No sale shall be set aside under sub-section (1) unless the applicant proves to the satisfaction of the Commissioner that he has sustained substantial injury by reason of such irregularity or mistake.
(3) The order of the Commissioner under this section shall be final.
(1) On the expiration of thirty days from the date of sale, if no application is made under Section 192 or Section 193, or if such application has been made and rejected by the Collector or the Commissioner, as the case may be, the Collector shall, subject to the provisions of sub-section (2), confirm the sale.
(2) Where in a sale of immovable property made under this Chapter, the amount of purchase money -
(a) exceeds rupees fifty lakh; or
(b) is less than the amount of arrears specified in the sale proclamation, then the Collector shall report the matter to the Commissioner, who may confirm the sale or may pass such order as he thinks fit.
(3) Every order of the Collector or the Commissioner under this section shall be final.
Notwithstanding anything contained in Section 192, Section 193, Section 194, if the Collector or the Commissioner, as the case may be, has reason to believe that the sale of an immovable property made under this Chapter ought to be set aside he may, after notice to the auction purchaser to show cause, if any, set aside the sale for the reasons to be recorded in writing.
If no application under Section 193 is made within the time specified therein, all claims regarding irregularity or mistake in publishing or conducting the sale shall be barred.
Where the sale of any property is set aside under Section 192 or Section 193, the purchaser shall be entitled to receive back his purchase money plus in the case mentioned in section 192, an amount equivalent to five percent of such money deposited for that purpose by the defaulter.
(1) After a sale has been confirmed in accordance with Section 194, the Collector shall grant to the purchaser a certificate, in the form prescribed, specifying the property sold and the name of the person who at the time of sale was declared to be its purchaser.
(2) The certificate, duly signed and sealed by the Collector shall be deemed to be a valid transfer of the property specified therein, and it need not be registered as a conveyance, except as provided in Section 89 of the Indian Registration Act, 1908.
(3) The property specified in the certificate shall be deemed to have vested in the purchaser on the date when it was sold, and not on the date when the sale was confirmed.
(1) The Collector shall put the person declared to be the purchaser of such property into possession, and for that purpose, he may use or cause to be used such force as may be necessary.
(2) Nothing in this section shall authorise the Collector to remove from the possession of any property any person whom the defaulter had, before the issue of process, no present right to remove.
Where the sale of a property has been confirmed under Section 194, the proceeds of the sale shall be utilized in the following order -
(a) for meeting the cost of the process and the collection charges, if any;
(b) for payment of the arrears for the recovery whereof the property was sold;
(c) the balance, if any, shall be paid to the defaulter.
Any person taking of retaining possession of- any land or other property attached, leased or sold under this Chapter otherwise than in accordance with the provisions of the said Chapter may be summarily ejected by the Collector who may use or cause to be used such force as may be necessary.
Subject to the provisions of Section 203, no suit or other proceedings shall lie in any civil Court in respect of any assessment or collection of land revenue or the recovery of any sum recoverable as an arrear of land revenue.
Whenever proceedings are taken under this Chapter against any person for the recovery of any arrear of land revenue, he may pay the amount claimed to the recovery officer, and upon such payment the proceedings shall be stayed, and the person against whom such proceeding were taken may, notwithstanding anything contained in any other provisions of this Code, sue the State Government in the civil Court for the recovery of amount so paid.
No payment on account of rent or other dues in respect of any land attached under this Chapter, made after such attachment, by the asami or any other person in possession thereof to any person other than the Revenue Officer authorised in this behalf shall operate as a valid discharge.
The provisions of this Chapter shall apply to the recovery of all arrears of land revenue and all other sums recoverable as an arrear of land revenue whether due before or after the commencement of this Code.
(1) Notwithstanding anything contained in any law for the time being in force, but subject to the provisions of this Code, no Civil Court shall entertain any suit, application or proceeding to obtain a decision or order on any matter which the State Government, the Board, any revenue Court or revenue officer is, by or under this Code, empowered to determine, decide or dispose of.
(2) Without prejudice to the generality of the provisions of sub-section (1), and save as otherwise expressly provided by or under this Code -
(a) no civil Court shall exercise jurisdiction over any of the matters specified in the Second Schedule; and
(b) no Court other than the revenue Court or the revenue officer specified in Column 4 of the Third Schedule shall entertain any suit application or proceeding specified
(1) Any party aggrieved by a final order or decree passed in any suit, application or proceeding specified in Column 3 of the Third Schedule, may prefer a first appeal to the Court or officer specified against it in Column 5, where such order or decree was passed by a Court or officer specified against it in Column 4 thereof.
(2) A first appeal shall also lie against an order of the nature specified -
(a) in Section 47 of the Code of Civil Procedure, 1908; or
(b) in Section 104 of the said Code; or
(c) in Order XLIII Rule 1 of the First Schedule to the said Code.
(3) The period of limitation for filing a first appeal under this section shall be thirty days from the date of the order or decree appealed aga
(1) Wherein any suit, application or proceeding specified in Column 3 of the Third Schedule, any final order or decree is passed in any first appeal filed under Section 207, and any party to such appeal is aggrieved by it, such party may prefer a second appeal to the Court specified against it in Column 6.
(2) The appellate Court shall not entertain a second appeal unless it is satisfied that the case involves a substantial question of law.
(3) The period of limitation for filing a second appeal under this section shall be ninety days from the date of the order or decree appeal against.
Notwithstanding anything contained in Sections 207 and 208, no appeal shall lie against any order or decree -
(a) made under Chapter V of this Code;
(b) granting or rejecting an application for condonation of delay under Section 5 of the Limitation Act, 1963;
(c) rejecting an application for review;
(d) granting or rejecting an application for stay;
(e) remanding the case to any subordinate Court; or
(f) where such order or decree is of an interim nature.
(1) The Board or the Commissioner may call for the record of any suit or proceeding decided by any subordinate revenue Court in which no appeal lies, or where an appeal lies but has not been preferred, for the purpose of satisfying itself or himself as to the legality or propriety of any order passed in such suit or proceeding; and if such subordinate Court appeals to have -
(a) exercised a jurisdiction not vested in it by law; or
(b) failed to exercise a jurisdiction so vested; or
(c) acted in the exercise of such jurisdiction illegally or with material irregularity, the Board, or the Commissioner, as the case may be, may pass such order in the case as it or he thinks fit.
(2) If an application under this section has been moved by any person either
(1) The Board may, of its own motion or on the application of any party interested, review any order passed by itself and pass such orders in reference thereto as it thinks fit.
(2) No order shall be reviewed under sub-section (1), except on the following grounds -
(a) discovery of any new and important matter or evidence;
(b) some mistake or error apparent on the fact of record;
(c) any other sufficient reason.
(3) Orders passed on review shall not be reviewed.
(1) Where it appears to the board that it will be expedient for the ends of justice to do so, it may direct that any case be transferred from one Revenue Officer to another Revenue Officer of an equal or superior rank in same district or any other district.
(2) The Commissioner, the Collector or the Sub-Divisional Officer may make over any case or class of cases arising under the provisions of this Code or any other enactment for the time being in force, for decision from his own file to any Revenue Officer subordinate to him and competent to decide such case or class of cases, or may withdraw any case or class of cases from any such Revenue Officer and may deal with such case or class of case himself or refer the same for disposal to any other Revenue Officer competent to decide such case or class of cases.
Subject to the provisions of this Code or the rules made thereunder, the State Government shall be made a party to any suit instituted by or against the Gram Sabha or local authority under this Codes
Unless otherwise expressly provided by or under this Code, the provisions of the Code of Civil Procedure, 1908 and the Limitation Act, 1963 shall apply to every suit, application or proceeding under this Code.
No order passed by a Revenue Officer shall be reversed or altered in appeal or revision on account merely of any error, omission or irregularity in the summons, notice, proclamation, warrant or order or other proceedings before or during any inquiry or other proceedings under this Code, unless such error, omission or irregularity has in fact occasioned a failure of justice.
Any notice or other document required or authorised to be served under this Code may be served either -
(a) by delivering it to person on whom it is to be served; or
(b) by registered post addressed to that person at his usual or last known place of abode; or
(c) in case of an incorporated company or body, by delivering it or sending it by registered post addressed to the Secretary or other principal functionary of the company or body at its principal office; or
(d) in any other manner laid down in the Code of Civil Procedure, 1908 for service or summons.
Notwithstanding anything contained in the provisions of this Code, the Board or any other revenue Court shall have no jurisdiction in respect of a matter which involves a question as to the validity of the provisions of this Code or any other law for the time being in force or any rule or notification made or issued thereunder.
The State Government may by notification, exempt any land owned by it or by the Central Government of by any local authority from the application of all or any of the provisions of this Code, and may likewise, cancel or modify any such notification.
The State Government may, by notification, delegate to the Board or any other officer or authority subordinate to it any of the powers conferred on it by this Code, other than the power to make rules, to be exercised subject to such restrictions and conditions as may be specified in the notification.
Subject to such conditions or restrictions that may be prescribed, any officer appointed under this Code may enter at any time upon any land with such public servants as he considers necessary, for carrying out any of his duties under this Code, or any other law for the time being in force.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework for land revenue management in the state of Uttar Pradesh. Among its various provisions, Section 220 addresses the powers of officers appointed under the Code to enter upon land for specific purposes, thereby facilitating the enforcement of land revenue laws.
Section 220 grants authority to designated officers to enter any land at any time, subject to prescribed conditions or restrictions. This provision is crucial for the effective implementation of land revenue laws and the collection of dues.
The scope of Section 220 is broad, allowing officers to conduct inspections, collect dues, and ensure compliance with land revenue regulations. This provision is essential for maintaining the integrity of land revenue systems and addressing issues related to non-compliance.
Violations of the provisions under Section 220 can lead to severe penalties, including imprisonment for up to two years, fines, or both, upon conviction. This punitive measure underscores the seriousness of compliance with land revenue laws.
All documents, statements, records and registers prepared or maintained under this Code or the rules framed thereunder shall be open to inspection during such hours and subject to such conditions and on payment of such fees as may be prescribed and arty person shall on payment of the prescribed fee, be entitled to obtain the certified copy of such document or any portion of any such document, statement record or register.
For the purposes of computing the area fixed under any of the provisions of this Code, one and a half hectares of land shall count as one hectare in the following areas :-
(a) Jhansi division;
(b) trans-Jamuna portions of Allahabad, Etawah, Agra and Mathura districts;
(c) District Sonbhadra;
(d) Tappa Upraudh and Tappa Chaurasi Balai (Pahar) of tehsil Sadar in district Mirzapur, and
(e) Pargana Sakteshgarh and the villages mentioned in the Fourth Schedule in hilly paths of Parganas Ahraura and Bhagwat of Tehsil Chunar of Mirzapur district.
Any fee, fine, cost, expense, penalty or compensation payable to or recoverable by the State Government, a Gram Sabha or other local authority under this Code or any other law for the time being in force may, without prejudice to any other mode of recovery, be realised as if it were an arrear of land revenue.
(1) Where any Revenue Officer considers it necessary for the enforcement of the provisions of this Code, it may call upon any tenure holder or any person in possession of any land to furnish within such time as may be specified, a statement containing the nature and extent of his interest in the land held or possessed by him as well as by members of his family.
(2) The tenure holder or other person referred to in sub-section (1) may also be called upon to disclose the name and address of any other person possessing any interest in such land including the nature and extent of such interest.
(1) No officer or servant of the State Government shall be liable in any civil or criminal proceeding in respect of any act done or purporting to be done under this Code or any rules made thereunder, if the act was done in good faith and in the course of execution of the duties or the discharge of functions imposed by or under this Code.
(2) No suit or other proceeding shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions of this Code or by anything in good faith done or intended to be in pursuance of the provisions of this Code or any rules made thereunder.
(1) Any person who -
(a) encroaches upon or causes any obstruction to the use of any public road (including chak road), path or common land of a village; or
(b) fails to comply with any order or direction made by the Sub-Divisional Officer under sub-section (1) of Section 23; or
(c) fails to comply with any order or direction made by the Tahsildar under Section 25 or Section 26; or
(d) fails to comply with any order made under Section 42 or Section 48;
shall be liable to a fine which in a case referred to in clause (a) shall not be less than five hundred rupees and not exceed two thousand rupees and in any other case shall not be less than one hundred rupees and not exceed five hundred rupees.
&n
(1) If any person wilfully destroys or injuries or without lawful authority removes any boundary marks lawfully erected under Chapter IV or under any other law for the time being in force, he may be ordered by the Tahsildar to pay such amount not exceeding one hundred rupees for each mark so destroyed, injured or removed, as may in the option of the Tahsildar be necessary to defray the expense of restoring the same and of rewarding the informant, if any.
(2) The recovery of damages under sub-section (1) shall not debar prosecution for any offence under the Indian Penal Code in respect of such destruction injury or removal.
The Uttar Pradesh Revenue Code, 2006, serves as a comprehensive framework governing land revenue laws in the state of Uttar Pradesh. Among its various provisions, Section 227 addresses the issue of damages for the destruction or injury of boundary marks, which are critical for maintaining land demarcation and ownership rights.
Section 227 stipulates that any person who willfully destroys or injures boundary marks, or reoccupies land without lawful authority, is liable for damages. The section emphasizes the importance of boundary marks in land revenue matters and establishes penalties for their destruction.
The scope of Section 227 extends to all individuals who engage in the destruction or injury of boundary marks, thereby affecting land demarcation. It serves as a deterrent against unlawful actions that could lead to disputes over land ownership and boundaries.
The punishment for violating Section 227 includes imprisonment for a term that may extend up to two years, reflecting the seriousness of the offense in the context of land revenue management.
(1) Every person who cuts, removes or otherwise appropriates any tree or any portion thereof which is the property of the State Government or any local authority or a Gram Sabha, without any authority there for shall be liable to pay the value thereof, which shall be recoverable from him in addition to any penalty to which he may be liable under the provisions of this Code for the occupation of the land or otherwise, and notwithstanding any criminal proceedings which may be instituted against him in respect of such cutting, removal or appropriation.
(2) The Collector may, at any time, direct the confiscation of any tree or portion thereof referred to in sub-section (1).
Every person who -
(a) fails to furnish any statement or information lawfully required under the provisions of this Code; or
(b) furnishes any statement or information which is false and which he has reasons to believe to be false; or
(c) obstructs the Collector or any other Revenue Officer or Gram Sabha in taking possession of any land in accordance with the provisions of this Code; or
(d) obstructs any officer or public servant in doing any of the acts specified in Section 220. Shall, on conviction, be liable to imprisonment which may extent to two years or with fine or with both.
(1) The enactments specified in the First Schedule are hereby repealed.
(2) Notwithstanding anything contained in sub-section (1), the repeal of such enactments shall not affect -
(a) the continuance in force of any such enactment in the State of Uttaranchal.
(b) the previous operation of any such enactment or anything duly done or suffered there under; or
(c) any other enactment in which such enactment has been applied incorporated or referred to; or
(d) the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title or obligation or liability already acquired, accrued or incurred (including, in particular, the vesting in title State of all estates and the cessa
(1) Save as otherwise expressly provided in this Code, all cases pending before the State Government or any revenue Court immediately before the commencement of this Code, whether in appeal, revision, review or otherwise, shall be decided in accordance with the provisions of the appropriate law, which would have been applicable to them had this Code not been passed.
(2) All cases pending in any civil Court immediately before the, commencement of this Code which would under this Code be exclusively triable by a revenue Court; shall be disposed of by such civil Court according to the law in force prior to the date of such commencement.
(1) The State Government may, for the purposes of removing any difficulty, particularly in relation to the transition from the provisions of the enactments repealed by this Code to the provisions of this Code, by a notified order, direct that the provisions of this Code shall during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission as it may deem necessary or expedient:
Provided that no such order shall be made after two years from the date of commencement of this Code.
(2) Every order made under sub-section (1) shall be laid before both the Houses of the State Legislature, as soon as may be after it is made.
(3) No order made under sub-section (1) shall be called in question in any Court on the ground th
(1) The State Government may by notification make rules for carrying out the purposes of this Code.
(2) With out prejudice to the generality of the foregoing power, such rules may also provide for -
(i) The terms and conditions of service of the Chairman and other members of the board;
(ii) Regulating the distribution of business of the Board and making territorial division of its jurisdiction;
(iii) Guide-lines for alteration, abolition or creation of revenue areas;
(iv) The procedure for demarcation of boundaries, the specification, construction and maintenance of boundary marks, levy and recovery of cost thereof;
(v) The procedure of preparation and maintena
(1) Subject to the provisions of this Code and the rules made thereunder, the Board may, with the previous approval of the State Government, make regulations -
(a) governing the procedure of the revenue Courts and the revenue officers in respect of suits, applications and proceedings under this Code;
(b) containing directions for the preparation, maintenance and supervision of land records and matters connected therewith;
(c) prescribing the duties of Tahsildars and Naib-Tahsildars and regulating their posting, transfers and their appointment in temporary vacancies.
(2) All regulations made in accordance with sub-section (1) shall have the force of law.
(3) The Revenue Court Manual and the Land Records Ma
(See Sections 2 and 230)
List-A
Enactments of general application
| Serial No. | Name of the enactments repealed |
Legal Commentary on Uttar Pradesh Revenue Code, 2006 - Section Sch.1IntroductionThe Uttar Pradesh Revenue Code, 2006, serves as a comprehensive legal framework governing land revenue, tenures, and related reforms in the state of Uttar Pradesh. It consolidates various outdated laws into a single code, aiming to streamline land administration and enhance revenue collection. What does Section Sch.1 SaySchedule 1 of the Uttar Pradesh Revenue Code outlines specific orders and procedures related to land revenue management, including the roles and responsibilities of revenue officers, the process for recording land transactions, and the penalties for violations. Essential Ingredients
Scope of SectionThe scope of Schedule 1 encompasses all aspects of land revenue management in Uttar Pradesh, including the administration of land records, the imposition of penalties for encroachments, and the procedures for resolving disputes related to land tenure. Punishment for SectionViolations of the provisions outlined in Schedule 1 may result in penalties, including fines and other legal repercussions, as determined by the relevant revenue authorities. Legal Comments
|
[See Sections 206 (2)(a)]
Matters excluded from the jurisdiction of the Civil Court
1. Any question regarding the demarcation of boundaries of fixing of boundary marks.
2. Any claim to question a decision determining abadi made by the Collector.
3. Any claim to have any entry made in any revenue records or to have any such entry omitted, amended or substituted.
4. Any question regarding the assessment remission or suspension of land revenue or rent.
5. Any claim connected with or arising out of the collection by the State Government or the enforcement by such Government of any process for the recovery of land revenue or any sum recoverable as an arrear of land
(See Sections 206, 207 and 208)
| Section | Description of suit application or proceedings |
(See Section 222)
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
