MADHYA PRADESH LAND REVENUE CODE, 1959

MADHYA PRADESH LAND REVENUE CODE, 1959

Ch.1 PRELIMINARY

S.1 Short title, extent and commencement

S.2 Definitions

Ch.2 BOARD OF REVENUE

S.3 Constitution of Board of Revenue

S.4 Principal seat and other places of sittings of Board of Revenue

S.5 Conditions of service of members of Board

S.6 Salaries and allowances

S.7 Jurisdiction of Board

S.8 Powers of Superintendence of Board

S.9 Exercise of jurisdiction by single members and benches

S.10 Cases pending at commencement of Code

Ch.3 REVENUE OFFICERS, THEIR CLASSES AND POWERS

S.11 Revenue Officers

S.12 Control over Revenue Officers

S.13 Power to alter, create or abolish divisions, districts, sub-divisions and tahsils

S.14 Power to appoint Commissioners of divisions

S.15 Power to appoint Additional Commissioner

S.16 Power to appoint Collector

S.17 Power to appoint Additional Collectors

S.18 Appointment and powers of Assistant Collectors, Joint Collectors and Deputy Collectors

S.19 Appointment of Tahsildars, Additional Tahsildars and Naib Tahsildars

S.20 Appointment of Superintendents of Land Records and Assistant Superintendents of Land Records

S.21 Other Officers

S.22 Sub-Divisional Officers

S.23 Subordination of Revenue Officers

S.24 Conferral by State Government of powers of Revenue Officers on Officials and other persons

S.25 Powers exercisable on transfer

S.26 Collector in case of temporary vacancy

Ch.4 PROCEDURE OF REVENUE OFFICERS AND REVENUE COURTS

S.27 Place of holding enquiries

S.28 Power to enter upon and survey land

S.29 Power to transfer cases

S.30 Power to transfer cases to and from subordinates

S.31 Conferral of Status of Courts on Board and Revenue Officers

S.32 Inherent power of Revenue Courts

S.33 Powers of Revenue Officers to require attendance of persons and production of documents and to receive evidence

S.34 Compelling attendance of witness

S.35 Hearing in absence of party

S.36 Adjournment of hearing

S.37 Power to award costs

S.38 Manner of executing order to deliver possession of immovable property

S.39 Persons by whom appearances and applications may be made before and to Revenue Officers

S.40 Effect of rules in Schedule I

S.41 Power of Board to make rules

S.42 Orders of Revenue Officer when reversible by reason of error or irregularity

S.43 Code of Civil Procedure to apply when no express provision made in this Code

Ch.5 APPEAL, REVISION AND REVIEW

S.44 Appeal and appellate authorities

S.45 Transfer of certain pending proceedings to Settlement Commissioner

S.46 No appeal against certain orders

S.47 Limitation of appeals

S.48 Copy of order objected to accompany petition

S.49 Power of appellate authority

S.50 Revision

S.51 Review of orders

S.52 Stay of execution of orders

S.53 Application of Limitation Act

S.54 Pending revisions

S.55 [Omitted]

S.56 Application of Chapter

S.57 Construction of order

Ch.6 LAND AND LAND REVENUE

S.58 Liability of land to payment of land revenue

S.58(a) Certain land to be exempted from payment of land revenue

S.59 Variation of land revenue according to purpose for which land is used

S.59(a) Assessment when to take effect

S.59(b) Reassessment on diversion of land prior to coming into force of the Code

S.60 Assessment by whom to be fixed

Ch.7 REVENUE SURVEY AND SETTLEMENT IN NON-URBAN AREAS

S.61-65 A-Application of Chapter and Officers to conduct Revenue Survey and/or Settlement

S.61 Application of this Chapter to lands in non-urban areas

S.62 Appointment of Settlement Commissioner

S.63 Appointment of Additional Settlement Commissioners and their powers and duties

S.64 Appointment of Settlement, Deputy Settlement and Assistant Settlement Officers

S.65 Powers of Settlement, Deputy Settlement and Assistant Settlement Officers

S.66-74 B-Revenue Survey

S.66 Definition of Revenue Survey

S.67 Notification of proposed revenue survey

S.68 Formation of survey numbers and villages

S.69 Separate demarcation of land diverted or specially assigned

S.70 Power to re-number or sub-divide survey numbers

S.71 Entry of survey numbers and sub-divisions in records

S.72 Determination of abadi of village

S.73 Power of Settlement Officer to divide or unite villages or exclude area therefrom

S.74 Grouping of villages

S.75-86 C-Settlement of rent

S.75 Definition of Settlement

S.76 Notification of proposed settlement

S.77 Fixation of assessment rates

S.78 Maximum and minimum limits for the rate of assessment

S.79 Fixation of fair assessment

S.80 All lands liable to assessment

S.81 Principles of assessment

S.82 Announcement of Settlement

S.83 Introduction of Settlement

S.84 Remission of enhancement of bhumiswami who relinquishes

S.85 Term of settlement

S.86 Power of Collector to complete unfinished proceedings

S.87-91(a) D-General

S.87 Inquiry into profits of agriculture and value of land

S.88 Power to transfer, duty of maintaining maps and records to Settlement Officer

S.89 Power of Sub-Divisional Officer to correct errors

S.90 Power of Collector during term of Settlement etc.

S.91 Power to grant power of Settlement Officer during term of Settlement

S.91(a) Power to make rules

Ch.8 ASSESSMENT AND RE-ASSESSMENT OF LAND IN URBAN AREAS

S.92 Provisions of Chapter to apply to land in urban areas

S.93 Powers of Collector to divide lands into plot numbers

S.94 Powers of Collector to re-number or sub-divide plot numbers

S.95 Area and assessment of plot numbers and sub-divisions to be entered in records

S.96 Area in town formed into blocks for assessment

S.97 Collector to fix standard rate of assessment and publication of standard rates

S.98 Fixation of standard rates of assessment

S.99 Maximum and minimum limits for the rate of assessment

S.100 Collector to assess plot at rate prescribed

S.101 Term of settlement

S.102 Assessment fixed shall be land revenue or rent

S.103 Land revenue or rent fixed under previous settlement or leases to continue

Ch.9 LAND RECORDS

S.104 Formation of patwaris' circles and appointment of patwaris thereto

S.105 Formation of Revenue Inspectors' circles

S.106 Appointment of Revenue Inspectors, etc.

S.107 Field map

S.108 Record of rights

S.109 Acquisition of rights to be reported

S.110 Mutation of acquisition of right in Field Book and other relevant land records

S.111 Jurisdiction of Civil Courts

S.112 Intimation of transfers by Registering Officers

S.113 Correction of clerical errors

S.114 Land records

S.114(a) Bhoo Adhikar Avam Rin Pustika

S.115 Correction of wrong entry in khasra and any other land records by superior officers

S.116 Disputes regarding entry in khasra or in any other land records

S.117 Presumption as to entries in land records

S.118 Obligation to furnish information as to title

S.119 Penalty for neglect to furnish information

S.120 Requisition of assistance in preparation of maps and record of rights

S.121 Power to make rules for land records

S.122 Exemption from provisions of this Chapter

S.123 Record-of-rights at commencement of Code

Ch.10 BOUNDARIES AND BOUNDARY MARKS, SURVEY MARKS

S.124 Construction of boundary marks of villages and survey numbers or plot numbers

S.125 Disputes regarding boundaries between villages, survey numbers and plot numbers

S.126 Ejectment of persons wrongfully in possession

S.127 Demarcation and maintenance of boundary lines

S.128 Enforcement of repair of boundary or survey marks

S.129 Demarcation of boundaries of survey number or sub-division or plot number

S.130 Penalty for destruction, injury or removal of boundary or survey marks

S.131 Rights of way and other private easements

S.132 Penalty for obstruction of way, etc.

S.133 Removal of obstruction

S.134 Execution of bond for abstaining from repetition of certain acts

S.135 Acquisition of land for road, paths, etc.

S.136 Power to exempt from operation of this Chapter

Ch.11 REALISATION OF LAND REVENUE

S.137 Land revenue first charge on land

S.138 Responsibility for payment of land revenue

S.139 Land revenue recoverable from any person, in possession

S.140 Dates on which land revenue falls due and is payable

S.141 Definitions of "arrear" and "defaulter"

S.142 Patel, Patwari, Gram Sabha or Gram Panchayat bound to give receipt

S.143 Penalty for default of payment of land revenue

S.144 Remission or suspension of land revenue on failure of crops

S.145 Certified account to be evidence as to arrear and defaulter

S.146 Notice of demand

S.147 Process for recovery of arrear

S.148 Costs recoverable as part of arrear

S.149 Enforcement of processes in other districts

S.150 Payment under protest and suit for recovery

S.151 Application of proceeds of sale

S.152 Land sold for arrears to be free from encumbrances

S.153 Purchaser's title

S.154 Purchaser not liable for land revenue due prior to sale

S.154(a) Powers of the Tahsildar to let out the holding in respect of which arrear is due or any other holding of the defaulter

S.155 Moneys recoverable as an arrear of land revenue

S.156 Recovery of moneys from surety

Ch.12 TENURE-HOLDERS

S.157 Class of tenure

S.158 Bhumiswami

S.159 Land revenue payable by bhumiswamis

S.160 Revocation of exemption from liability for land revenue

S.161 Reduction of revenue during the currency of settlement

S.162 [Omitted]

S.163 Pending applications for conferral of bhumiswami rights

S.164 Devolution

S.165 Rights of transfer

S.166 Forfeiture in cases of certain transfers

S.167 Exchange of land

S.168 Leases

S.169 Unauthorised lease etc.

S.170 Avoidance of transfer in contravention of Section 165

S.170(a) Certain transfers to be set aside

S.170(b) Reversion of land of members of aboriginal tribe which was transferred by fraud

S.170(c) Advocate not to appear in proceedings under Section 170-A or 170-B without permission

S.170(d) Second appeal barred

S.171 Right to make improvements

S.172 Diversion of land

S.173 Relinquishments

S.174 Disposal of relinquished sub-division

S.175 Right of way to relinquished land

S.176 Abandonment of holding

S.177 Disposal of holdings

S.178 Partition of holding

S.178(a) Partition of land in life time of bhumiswami

S.179 Rights to trees in holding

S.180 Restriction on transfer of trees

Ch.13 GOVERNMENT LESSEES AND SERVICE LAND

S.181 Government lessees

S.182 Rights and liabilities of a Government lessee

S.183 Service land

S.184 Disposal of service land in Sironj Region when services no longer required

Ch.14 OCCUPANCY TENANTS

S.185 Occupancy tenants

S.186 Maximum rent

S.187 Commutation

S.188 Rent

S.189 Resumption by bhumiswami in certain cases

S.190 Conferral of bhumiswami rights on occupancy tenants

S.191 Restoration of occupancy tenant

S.192 Devolution of rights of occupancy tenants

S.193 Termination of tenancy

S.194 Provisions applicable to occupancy tenant whose tenancy is terminated

S.195 Occupancy tenant's rights of transfer

S.196 Right of occupancy tenant to make improvement

S.197 Right of certain persons to apply to set aside transfers by occupancy tenants

S.198 Surrender

S.199 Receipt

S.200 Penalty for failure to give receipt or for excess recovery

S.201 Remission and suspension of rent consequent on like treatment of land revenue

S.202 Reinstatement of wrongfully ejected occupancy tenant

Ch.15 ALLUVION AND DILUVION

S.203 Alluvion and diluvion

S.204 Power to make assessment and decide disputes

Ch.16 CONSOLIDATION OF HOLDINGS

S.205 Definitions

S.206 Initiation of consolidation proceedings

S.207 Rejection of application

S.208 Admission of application

S.209 Preparation of scheme for consolidation of holdings

S.210 Confirmation of scheme

S.211 Procedure on confirmation

S.212 Right of bhumiswamis to possession of holdings

S.213 Transfer of rights of bhumiswamis in holdings

S.214 No instrument necessary to effect transfer

S.215 Costs of carrying out scheme

S.216 Recovery of compensation and cost

S.217 Suspension of partition proceedings during currency of consolidation proceedings

S.218 Transfer of property during proceedings

S.219 Rights of bhumiswamis after consolidation same as before

S.220 Encumbrances of bhumiswamis

S.221 Power to make rules

Ch.17 VILLAGE OFFICERS

S.222-229 A-Patels

S.222 Appointment of patels

S.223 Remuneration of patels

S.224 Duties of patels

S.225 Duties imposed under any law upon land holders deemed to be imposed on patels

S.226 Removal of patels

S.227 Punishment of patels

S.228 Appointment of substitute patel

S.229 Entrustment of village management

S.230-231 B-Kotwars

S.230 Appointment of kotwars and their duties

S.231 Remuneration of kotwars

S.232-232 C-Gram Sabha

S.232 Gram Sabha

Ch.18 RIGHTS IN ABADI AND UNOCCUPIED LAND AND ITS PRODUCE

S.233 Record of unoccupied land

S.234 Preparation of Nistar Patrak

S.235 Matters to be provided for in Nistar Patrak

S.236 Provision in Nistar Patrak for certain matters

S.237 Collector to set apart land for exercise of Nistar rights

S.238 Rights in waste land of another village

S.239 Rights in fruit bearing trees and other trees planted in unoccupied land

S.240 Prohibition of cutting of certain trees

S.241 Measures to prevent theft of timber from Government forest

S.242 Wajib-ul-arz

S.243 Abadi

S.244 Disposal of abadi sites

S.245 Rights to hold house site free of land revenue

S.246 Right of persons holding house sites in abadi

S.247 Government's title to minerals

S.248 Penalty for unauthorisedly taking possession of land

S.249 Regulation of fishing, hunting etc.

S.250 Reinstatement of bhumiswami improperly dispossessed

S.250(a) Confinement in civil prison on failure to restore possession under Section 250

S.250(b) Failure to vacate land in favour of allottee of land to be an offence

S.251 Vesting of tanks in State Government

S.252 Maintenance of works of public utility

S.253 Punishment for contravention of provisions

S.254 Performance of duties of Gram Sabha by Patel

Ch.19 MISCELLANEOUS

S.255 Prescription of standards of cultivation and management

S.256 Inspection and copies of maps and land records

S.257 Exclusive jurisdiction of revenue authorities

S.257(a) Burden of proof and bar of legal practitioners in certain proceedings

S.258 General rule making power

S.259 Reference to certain tenures

S.260 Reference to laws not in force in any region

S.261 Repeal and savings

S.262 Transitory provisions

S.263 Power to remove difficulties

S.264 Code not to apply in certain cases

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