CHHATTISGARH LAND REVENUE CODE, 1959

Act No. 20 of 1959

21st September 1959

An Act to consolidate and amend the law relating to land revenue, the powers of Revenue Officers, rights and liabilities of holders of land from the State Government, agricultural tenures and other matters relating to land and the liabilities incidental thereto in Chhattisgarh1. Be it enacted by the Chhattisgarh Legislature in the Tenth Year of the Republic of India as follows: - 1. ‘Chhattisgarh’ is substituted by Notification No. F-6-24/Revenue/2001 dated 23.11.2001 in place of ‘Madhya Pradesh’ wherever occurred (w.e.f. 1.11.2000).

Read full Act

S.1 Short title, extent, and commencement

(1) This Act may be called the Chhattisgarh Land Revenue Code, 1959.

11 [(2) It extends to the whole of Chhattisgarh but nothing contained in this Code except the provisions relating to liability of land for payment of land revenue, the assessment of land revenue with reference to the use of land, realisation of land revenue and all provisions ancillary thereto shall apply to such areas as may, from time to time, be constituted as reserved or protected forest under the Indian Forest Act, 1927 (XVI of 1927):

Provided that the aforesaid provisions of the Code shall apply with reference to the use of land in such areas for one or more of the purposes specified in Section 59.]

(3) This Code shall come into force on such date2 as the State Government may, by notification, appoint.

1. Substituted by M.P. Act No. 25 of 1987 (w.e.f. 28-5-1987). 2. Came into force from 2.10.1959 vide Notification dated 21.9.1959.

S.2 Definitions

(1) In this Code, unless there is anything repugnant to the subject or context,-

• (a) "abadi" means the area reserved from time to time in a village in a non-urban area for the residence of the inhabitants thereof or for purposes ancillary thereto, and any other local equivalent of this expression such as "village site" or "gaonsthan" shall also be construed accordingly;
• (b) "agriculture" includes-
  • (i) the raising of annual or periodical crops including betel leaves (Pan) and waternuts (singhara) and garden produce;
  • (ii) horticulture;
  • (iii) the planting and upkeep of orchards; and
  • (iv) the reserving of land for fodder, grazing or thatching grass;
  • [(v) the use of land for poultry, fisheries or animal husbandry in an area situated more than five kilometers away from the periphery of urban areas;]1
• (c) "agricultural year" means the year commencing on the first day of July or such other date
  

S.3 Constitution of Board of Revenue

1[(1) There shall be a Board of Revenue for Chhattisgarh having a President.

(2) In addition to the President, the State Government may appoint as many members as it may deem fit.]1

1. Substituted vide C.G. Amendment Act No. 11 of 2003 (w.e.f. 23-11-2002).

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

(1) The principal seat of the Board shall be at such place as the State Government may, by notified order, appoint.

(2) Notwithstanding anything contained in sub-section (1), the President and members of the Board may also sit at such other place or places as the President of the Board may with the approval of the State Government, appoint.

S.5 Conditions of service of members of Board

(1) When any member is, by reason of absence or otherwise, unable to perform the duties of his office, the State Government may, by notification, appoint any person to be, for the time being, a member of the Board.

(2) Except as expressly provided by this Code, the terms and conditions of service of the President and members of the Board shall be such as may be prescribed and the terms and conditions laid down by the State Government for the President and members of the existing Board shall continue in force until modified or superseded under this section.

(3) A person shall not be qualified for appointment as a member of the Board unless he-

• (a) is eligible for appointment as a Judge of the High Court; or
• (b) has been a Revenue Officer, and has held, for at least five years, an office not lower in rank than that of a Collector.

S.6 Salaries and allowances

There shall be paid to the members of the Board such salaries and allowances as the State Government may determine and those salaries and allowances shall be charged on the consolidated fund of the State.

S.7 Jurisdiction of Board

(1) The Board shall exercise the powers and discharge the functions conferred upon it by or under this Code and such functions of the State Government as may be specified by notification by the State Government in that behalf and such other functions as have been conferred or may be conferred by or under any Central or State Act on the Chief Revenue Authority or the Chief Controlling Revenue Authority.

(2) The State Government may, subject to such conditions as it may deem fit to impose, by notification, confer upon, or entrust to the Board or any member of the Board additional powers or functions assigned to the State Government by or under any enactment for the time being in force.

RULES
(RULES MADE UNDER SECTION 7-REGARDING EXERCISE OF JURISDICTION BY SINGLE MEMBER AND BENCHES)
1. In these rules unless there is anything repugnant in the subject or context,-
(a) "President" means the President of the Board;
(b) "Member" means a Member of the Board.

S.8 Powers of Superintendence of Board

The Board shall, in respect of all matters subject to its appellate or revisional jurisdiction, have superintendence over all authorities in so far as such authorities deal with such matters and may call for returns.

S.9 Exercise of jurisdiction by single members and benches

The Board may make rules for the exercise of powers and functions of the Board by benches constituted of one or more members thereof, and all decisions given by such benches in exercise of such powers or functions shall be deemed to be the decisions of the Board.

S.10 Cases pending at commencement of Code

1[(1) All appeals, applications for revision, review and other proceedings under the Code pending before the Board of Revenue of Madhya Pradesh, relating to the State of Chhattisgarh on 31st October, 2002 shall stand transferred to and, be heard and decided by the Board of Revenue of Chhattisgarh.]

2[(2) (a) All cases of: -
(i) First appeal against the order of Collector whether exercising the powers of Collector or Settlement Officer during the currency of settlement, pending before the Board;
(ii) Second appeal against the order of the Sub-Divisional Officer or the Collector pending before the Board;
(iii) Second appeal against the order of the Sub-Divisional Officer pending before the Collector;
Shall stand transferred to the Commissioner.
(b) All cases of revision, review and other proceedings which stood transferred to the Board from the Commissioner after 23rd. November 2002 and pending before the Board, shall stand transferred to the Commissioner;<

S.11 Revenue Officers

There shall be the following classes of the Revenue Officers, namely:-
1[xxxxx]
2[Commissioners (including Additional Commissioners)] Settlement Commissioner (including Additional Settlement Commissioners);
Collectors (including Additional Collectors);
Settlement Officers;
Sub-Divisional Officers;
Assistant Collectors;
3[Joint Collectors (including Deputy Collectors)];
3[Deputy Settlement Officers;]
Assistant Settlement Officers;
Tahsildars (including Additional Tahsildars);
Superintendents of Land Records;
Naib Tahsildars;
Assistant Superintendents of Lands Records.

________________
1. Omitted by C.G. Amendment Act No. 11 of 2003 (w.e.f. 23.11.2002.
2. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.
3. Substituted by M.P. Amendment Act No. 2 of 1990 (w.e.f. 6.2.1990).

S.12 Control over Revenue Officers

(1) All Revenue Officers shall be subordinate to the State Government.

(2) 1[All Revenue Officers in a Division shall be subordinate to the Commissioner]

(3) Unless the State Government otherwise directs all Revenue Officers in a district shall be subordinate to the Collector.

________________
1. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.

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

(1) The State Government may create divisions comprising of such districts as it may deem fit and may abolish or alter the limits of such divisions.

(2) The State Government may alter the limits of any district or tahsil and may create new, or abolish existing districts or tahsils, and may divide any district into sub-divisions and may alter the limits of or abolish, any sub-division:
Provided that the State Government before passing any orders under this section on any proposal to alter the limits of any 1[xxx] district or tahsil or to create new or abolish existing 2[xxx] districts or tahsil, shall publish in the prescribed form such proposals for inviting objections and shall take into consideration any objections to such proposal.

(3) Subject to the orders of the State Government under sub-section (2), every tahsil shall be deemed to be a sub-division of a district.

RULES
Any proposal to alter the limits of any division or district or tahsil or to c

S.14 Power to appoint Commissioners or Divisions

1[(1) The State Government shall appoint in each division a Commissioner who shall exercise therein the powers and discharge the duties conferred and imposed on a Commissioner by or under this Code or under any other enactment for the time being in force.

(2) The State Government may, subject to such conditions as it may deem fit to impose, by notification, confer upon the Commissioner any of the powers or functions assigned to the State Government by or under any enactment for the time being in force.]

________________
1. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.

S.15 Power to appoint Additional Commissioner

(1) The State Government may appoint an Additional Commissioner in a division or in two or more divisions.

(2) An Additional Commissioner shall exercise such powers and discharge such duties conferred and imposed on a Commissioner by or under this Code or by or under any other enactment for the time being in force in such cases or class of cases as the State Government may, by a general order, notify or as the Commissioner of the division may, subject to any general or special restrictions imposed by the State Government, by an order in writing direct.

(3) This Code and every other enactment for the time being in force and any rule made under this Code or any such other enactment shall, except where expressly directed otherwise, apply to the Additional Commissioner when exercising any powers or discharging any duties under sub-section (2) as if he were the Commissioner of the division.

S.16 Power to appoint Collector

The State Government shall appoint in each district a Collector who shall exercise therein the powers and discharge the duties conferred and imposed on a Collector by or under this Code or any other enactment for the time being in force.

S.17 Power to appoint Additional Collectors

(1) The State Government may appoint one or more Additional Collector in a district.

(2) An Additional Collector shall exercise such powers and discharge such duties conferred and imposed on a Collector by or under this Code or by or under any other enactment for the time being in force, in such cases or class of cases as the State Government may, by a general order, notify or as the Collector of the district may, subject to any general or special restrictions imposed by the State Government, by an order in writing direct.

(3) This Code and every other enactment for the time being in force and any rule made under this Code or any such other enactment shall, except where expressly directed otherwise, apply to the Additional Collector, when exercising any powers or discharging any duties under sub-section (2), as if he were the Collector of the district.

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

1[The State Government may appoint for each district as many persons as it thinks fit to be-
(i) Assistant Collectors of the first and second grades;
(ii) Joint Collectors; and
(iii) Deputy Collectors,
who shall exercise such powers as the State Government may, by notification, direct.]

________________
1. Substituted by M.P. Act No. 2 of 1990 (w.e.f. 6.2.1990).

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

(1) The State Government may appoint in each tahsil a Tahsildar and one or more Naib-Tahsildars who shall exercise therein the powers and perform the duties conferred or imposed on them by or under this Code or under any other enactment for the time being in force.

(2) The State Government may appoint one or more Additional Tahsildars in a tahsil. An Additional Tahsildar shall exercise such power and discharge such duties conferred or imposed on a Tahsildar by or under this Code or by or under any other enactment for the time being in force as the Collector of the district may by an order in writing direct.

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

(1) The State Government may appoint to each district as many persons as it thinks fit, to be Superintendents of Land Records and Assistant Superintendents of Land Records.

(2) The Superintendents and Assistant Superintendents of Land Records shall exercise the powers and perform the duties conferred and imposed on them by or under this Code or any other enactment for the time being in force.

S.21 Other Officers

(1) The State Government may appoint such other officers and invest them with such power as may be necessary to give effect to the provisions of this Code.

(2) Such officers shall discharge such duties and be subordinate to such authorities as the State Government may direct.

S.22 Sub-Divisional Officers

1[(1) The Collector may place one or more Assistant Collectors or 2[Joint Collector or Deputy Collector] in-charge of a sub-division of a district or in-charge of two or more sub-divisions of a district.]

(2) Such Assistant Collector or 2[Joint Collector or Deputy Collector] shall be called a Sub-Divisional Officer and shall exercise such powers of a Collector as the State Government may, by notification, direct.

________________
1. Substituted by M.P. Amendment Act No. 53 of 1984 (w.e.f. 12.12.1983).
2. Substituted by M.P. Amendment Act No. 2 of 1990 (w.e.f. 6.2.1990.

S.23 Subordination of Revenue Officers

Unless the Collector otherwise directs, every Revenue Officer in a sub-division shall be subordinate to the Sub-Divisional Officer and a Naib-Tahsildar in a tahsil shall be subordinate to the Tahsildar.

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

(1) The State Government may confer on any person the powers conferred by or under this Code on any Revenue Officer.

(2) The State Government may confer on any Assistant Collector, Tahsildar or Naib-Tahsildar the powers conferred by this Code on a Revenue Officer of a higher grade.

S.25 Powers exercisable on transfer

If any Revenue Officer, who has been invested with any powers under this Code in any tahsil or district, is transferred to an equal or higher office of the same nature in any other tahsil or district, he shall, unless the State Government otherwise directs, exercise the same powers under this Code in such other tahsil or district.

S.26 Collector in case of temporary vacancy

If the Collector dies or is disabled from performing his duties, the officer who is temporarily placed in charge of the current duties of the Collector shall be held to be the Collector under this Code until the State Government appoints a successor to the Collector so dying or disabled and such successor takes charge of his appointment.

S.27 Place of holding enquiries

Except for reasons to be recorded in writing, no Revenue Officer shall enquire into, or hear, any case at any place outside the local limits of his jurisdiction:
Provided that a Sub-Divisional Officer may enquire into, or hear, any case at any place within the district to which he is appointed.

S.28 Power to enter upon and survey land

All Revenue Officers, Revenue Inspectors, measurers and patwaris and when under their observation and control, their servants and workmen when so directed, may enter upon and duties under this Code or any other enactment for the time being in force and in so doing shall cause no more damage than may be required for the due performance of their duties:
Provided that no person shall enter into any building or upon any enclosed Court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without giving such occupier at least twenty-four hours' notice, and in making such entry due regard shall be paid to the social and religious sentiments of the occupier.

S.29 Power to transfer cases

(1) Whenever it appears to the Board that an .order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one Revenue Officer to another Revenue Officer of an equal or superior rank in the same district or any other district.

(2) 1[The Commissioner, on an application made to him in this behalf may, if he is of the opinion that it is expedient for the ends of justice, order that any particular case be transferred from a Revenue Officer to another Revenue Officer of an equal or superior rank in the same district or any other district in the same division.]

________________
1. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.

S.30 Power to transfer cases to and from subordinates

(1) A 1[xxx] Collector, a Sub-Divisional Officer, or a Tahsildar 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 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 cases himself or refer the same for disposal to any other Revenue Officer subordinate to him competent to decide such case or class of cases.

(2) A [Commissioner, a] Collector, a Sub-Divisional Officer, or a Tahsildar may make over for inquiry and report any case or class of cases arising under the provisions of this Code or any other enactment for the time being in force from his own file to any Revenue Officer subordinate to him.

________________
1. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.

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

The Board or a Revenue Officer, while exercising power under this Code or any other enactment for the time being in force to enquire into or to decide any question arising for determination between the State Government and any person or between parties to any proceedings, shall be a Revenue Court.

S.32 Inherent power of Revenue Courts

Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Revenue Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Court.

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

(1) Subject to the provisions of Sections 132 and 133 of the Code of Civil Procedure, 1908 (V of 1908) and to rules made under Section 41, every Revenue Officer acting as a Revenue Court shall have power to take evidence, to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness or to produce any document for the purposes' of any inquiry or case arising under this Code or any other enactment for the time being in force.

(2) No person shall be ordered to attend in person, unless he resides-
(a) within the limits of the tahsil if the Revenue Officer acting as a Revenue Officer is a Naib-Tahsildar and in the case of any other Revenue Officer, within the local limits of his jurisdiction; or
(b) without such limits but at a place less than fifty, or where there is a railway communication or other established public conveyance for five-sixths of the distance between the place where he resides and the plac

S.34 Compelling attendance of witness

If any person on whom a summons to attend as witness or to produce any document has been served fails to comply with the summons, the officer by whom the summons has been issued under Section 33 may-
(a) issue a bailable warrant of arrest;
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding rupees fifty.

S.35 Hearing in absence of party

(1) If on the date fixed for hearing a case or proceeding, a Revenue Officer finds that a summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed in default of payment of such process fees.

(2) If any party to a case or proceeding before a Revenue Officer does not appear on the date fixed for hearing after due service of a notice or summons on him the case may be heard and determined in his absence or may be dismissed in default, as the case may be.

(3) The party against whom any order is passed under sub-section (1) or (2) may apply within thirty days from the date of such order or knowledge of the order in case the notice or summons was not duly served to have it set aside on the ground that he was prevented by any sufficient cause from paying the requisite process fees for service of a summons or notice on the opposite party or from appearing a

S.36 Adjournment of hearing

(1) A Revenue Officer may, from time to time, for reasons to be recorded and on such terms as to costs, adjourn the hearing of a case or proceeding before him.

(2) The date and place of an adjourned hearing of a case or proceeding shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.

S.37 Power to award costs

A Revenue Officer may award costs incurred in any case or proceeding arising under this Code or any other enactment for the time being in force in such manner and to such extent, as he thinks fit:
Provided that the fees of a legal practitioner shall not be allowed as costs in any such case or proceeding, unless such officer considers otherwise for reasons to be recorded by him in writing.

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

Where any person against whom an order to deliver possession of immovable property has been passed under this Code such order shall be executed in the following manner, namely :-
(a) by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land; and
(b) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and
(c) if the officer removing any such person is resisted or obstructed by any person, the Revenue Officer shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance or obstruction still continues, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, take or cause to be take