UP Revenue Code, 2006 – Notes

Meaning of Certain Terms:

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;

‘Revenue Court’ means all or any of the following authorities (that is to say) the Board and all
members thereof, Commissioners, Additional Commissioner, Collectors, Additional Collectors,
Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record Officers,
Assistant Record Officer, Tahsildar and Naib Tahsildar;

Fruit bearing trees.-

(1) Where before the commencement of this Code, any fruit bearing tree was planted
by any person on either side of any public road or path or canal with the
permission in writing of any revenue officer or any 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 representative 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 authorised by the State Government in this
behalf, and the provisions of sub-section (1) shall apply to the trees so planted.
(3) The right conferred under this section shall be heritable but the person planting the
fruit bearing tree or his heirs shall have no right on the corpus of such tree or in the land
on which it stands.
Gaon Fund.-
1 . All sums received under this Code by a Gram Sabha, Gram Panchayat or a Bhumi
Prabandhak Samiti shall be credited to the Gaon Fund: Provided that the amount of
damages or compensation recovered under section 67 shall be credited to the
Consolidated Gaon Fund.
2. The Gaon Fund constituted under the enactments repealed by this Code and
subsisting immediately before the commencement of such Code shall be deemed to
have been constituted under this section.

The Gaon Fund shall be operated in such manner and shall be applied for such
purposes as may be prescribed.

Kisan Bahi. -
(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-holder,
a Kisan Bahi containing such particulars as may be prescribed.

(2) The Kisan Bahi shall be a consolidated 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 person holding Kisan Bahi shall, from time to time, be entitled, without
any extra payment, to get the amendments made in the record of rights
(Khatauni) incorporated in his Kisan Bahi.

(6) Whenever a bank or other public financial institution advances loan to a tenure
holder on the basis of a representation of the tenure holder that he is a holder of
 the holdings recorded in the Kisan Bahi, it shall endorse the details of the loan so
advanced in the Kisan Bahi.

(7) The tenure holder shall also submit to such bank or other financial institution
an affidavit declaring that he has not taken any other loan (which remains wholly
or partly unpaid) on the security of the holdings comprised in the Kisan Bahi nor
has he transferred the holding or any share therein to any person in any other
manner whatsoever.

(8) Any tenure holder who in such an affidavit makes any statement which is false
and which he either knows or believes to be false or does not believe to be true,
shall be punished with imprisonment of either description for a term which may
extent to three years and shall also be liable to fine.

Such bank or other financial institution shall also endorse the final repayment of the
loan on the Kisan Bahi.

Lease of holding. –
(1) Where any land is attached under section 174 the Collector may,
notwithstanding anything contained in this Code, but subject to such
conditions as may be prescribed, let out the same for such period not exceeding
ten years (commencing from the first day of July next following) as he deems fit, to
any person other than the defaulter.

(2) The person to whom any land is let out under sub-section (1) shall be bound to
pay the whole of the arrears due in respect of such land and to pay the land
revenue, during the period of lease, at the rate payable by the defaulter in
respect of such land immediately preceding its attachment.

(3) If during the period of lease, the lessee commits default in payment of any
amount due under the lease, and no other person is to take the land on lease for
the remaining period thereof, then such amount may be recovered from such
lessee by any one or more of the processes mentioned in section 170 and the
lease shall be liable to be determined.
 (4) Upon the expiry of the period of lease, the land shall be restored to the tenure
holder concerned free of any claim on the part of the State Government for any
arrear of revenue in respect of such land.

Maintenance of Map and Field Book - 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).

Record of Rights - 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.

Public Land: -

Title of State in all lands etc.- All public roads, lanes and paths, bridges, ditches, dykes and fences on or
beside 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 insofar 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: Provide 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.

Mines and minerals.- (1) Notwithstanding anything contained in this Code, the right to operate or work in
any mine or to extract any mineral therefrom shall be governed by the Mines and Minerals (Development
and Regulations) 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.

Rights in trees - (1) All trees existing on any holding or grove shall, subject to the provisions of this code or
any other law for the time being in force, be deemed to belong to the person who holds such holding or
grove.

(2) All trees existing on the boundary of any holdings shall be deemed to belong jointly to the persons who
hold the holdings on either side of such boundary.

Entrustment of land etc. to Gram Sabhas and other local authorities - (1) The State Government may, by
general or special order to be published in the manner prescribed, entrust all or any of the things, 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) land, 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;

(iii) forests and fisheries; (iv) trees, other than trees in a holding or on the boundary of a holding or in a
grove or abadi, or any trees on unoccupied land; (v) hats, bazaars, melas, tanks, ponds, water-channels,
private ferries, pathways and abadi sites

Duties of the Bhumi Prabandhak Samiti - (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 or over which such Gram Sabha is entitled to take possession.

(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 forests and trees; (c) the maintenance and development of abadi sites
and village communications; (d) the management of hats, bazaars and melas; (e) the maintenance and
development of fisheries and tanks; (f) the development of cottage industries; (g) the development and
improvement of agriculture; (h) the conduct and prosecution of suits and proceedings by or against the
Gram Sabha; and (i) such other matters as may be prescribed.

Exchange.- (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.

Consequences of exchange.- (a) the parties to the exchange shall have the same rights in the land received
in exchange as they had in the land given. (b) the Sub-Divisional officer shall order the record of rights
(Khatauni) to be corrected accordingly; and (c) the amount of land revenue assessed, payable or deemed to
be payable for the land so exchanged shall not be affected thereby.

Succession of the property of a male bhumidhar or asami: -

The following are the heirs of a male bhumidhar or asami at the time of his death:

(a) widow, and the male lineal descendants in the made line of descent per stirps; Provided that the widow
and the son of a predeceased son how low-so-ever shall inherit per stirps the share which would have
devolved upon the predeceased son had he been alive;

(b) mother and father:

(c) unmarried daughter;

(d) married daughter;

(e) brother and unmarried sister being respectively the son and the daughter of the same father as the
deceased; and son of a predeceased brother, the predeceased brother having been the son of the same
father as the deceased.

(f) son’s daughter;

(g) father’s mother and father’s father;

(h) daughter’s son;

(i) married sister;

(j) half sister, being the daughter of the same father as the deceased;

(k) sister’s son;

(l) half sister’s son, the sister having been the daughter of the same father as the deceased;

(m) brother’s son’s son;

(n) mother’s son’s son;

(o) father’s father’s son’s son.

Succession to woman inheriting interest as a female heir - Where before or after the commencement of
this Code, any woman inherits the interest of a male 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 devolve upon the nearest surviving heir of the last male bhumidhar, asami or government
lessee, as the case may be.

The following are the heirs of a female bhumidhar or asami at the time of her death:

(a) son, unmarried daughter, son’s son, son’s son’s son, predeceased son’s widow, and predeceased son’s
predeceased son’s widow, in equal shares per stirps: Provided firstly that the nearer shall exclude the
remoter in the same branch: Provided secondly that the a widow who has remarried, shall be excluded. (b)
husband; (c) married daughter; (d) daughter’s son; (e) father; (f) widowed mother; (g) brother, being the
son of the same father as the deceased and brother’s son per stirps; (h) unmarried sister; (i) married sister;
(j) sister’s son.

Other conditions regarding succession: - (a) If a bhumidhar or asami dies intestate, and at the time of his
death, a child was in the womb who was subsequently born alive, then such child shalh have the same right
to inherit as if he or she has 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 resumed,
until the contrary is proved, that the hounger survived the elder;

(c) A person who commits murder of a bhumidhar or asami, or abets the commission of such murder, shall
be disqualified from inheriting the interest of the decreased in any holding.

(d) If any person is disqualified from inheriting the interest in the holding of any bhumidhar or asami under
clause (c), such interest shall devolve as if the disqualified person had died before the death of such
bhumidhar or asami.

SURRENDER AND ABANDONMENT

Surrender by bhumidhar.- (1) A bhumidhar may surrender his interest in any holding or any part thereof by
giving an application in writing to the Tahsildar intimating his intention to do so and by giving up possession
thereof to him whether or not such holding is let.

(2) Where only part of a holding has been surrendered, the Tahsildar shall apportion the land revenue
payable by such bhumidhar.

Surrender by asami.- An asami may surrender his interest in any holding (but not any part thereof) by
giving notice in writing to the land holder intimating his intention to do so, and by giving up possession
thereof to him.

Effect of surrender.- (1) A bhumidhar or asami shall be deemed to have surrendered any land held by him,
with effect from the date when possession over such land is given up.

(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.

Liability for rent or revenue on the date of surrender.- 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.

Abandonment by bhumidhar.-

(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 terms and conditions
as the Collector may think fit.

(4) Where no claim is preferred or if any claim is preferred but is disallowed, the Colelctor shall make an
order declaring the holding abandoned.

(5) Every order of the Collector shall be published in the manner prescribed and shall, subject to the result
of any suit under Section 144, be final.

(6) Nothing in this section shall apply to any holding held by a bhumidhar in whose favour a declaration has
been made, where such declaration continues to be in force.

Consequences of abandonment.- Where any holding has been abandoned, the following consequences
shall ensure, namely- (a) the holding shall vest absolutely in the State Government free from all
encumbrances; (b) the bhumidhar concerned shall cease to have any right, title or interest in such holding;
(c) the bhumidhar concerned shall continue to be liable for land revenue due in respect of such holding for
the agricultural year during which the order referred to in sub-section (4) of the said section was made.

Delivery of possession to Gram Sabha.- (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 unauthorized occupation of such
land and deliver possession thereof to the Gram Sabha in such manner as may be prescribed.
 What do you mean by Asami?
Asami is a minor from of land tenure he is in the bottom in the cadre of tenure holders. His interest in his
holding is neither permanent nor transferable but only heritable on zamindari abolition the following
persons become asami-

1) An allottee of sir and khudkasht land in lieu of maintenance allowance—where the Sir or Khudkasht
land was held by a person in lieu of maintenance allowance such person (Guzaredar) became asami
and is entitled to hold the land of so long as the right of maintenance allowance subsists.
Simultaneously the zamindar become Bhumidhar of the same holding. At the end of the maintenance
period the land will revert to the bhumidhar.
In Yogendra Vikram Singh Vs Krishna Kumar Singh, 1977R.D.114 is an illustrative case. The father of
respondent was a zamindar who gave his sir and khudkasht land to Smt Umari transferred the land
Yogendra Vikram Singh and also delivered the possession of it. Thereupon respondent’s father filed a suit
for cancellation of the sale deed and for recovery of the possession on the ground that Smt. Umarai had no
permanent and transferable right in the suit- land. The High Court cancelled the sale deed but did not
interfere with the possession as she was entitled to hold the land for her life
If the land was not sir or khudkasht and the proprietor allotted the land to a widow in lieu of her
maintenance allowance then she (allottee) became absolute owner of the property (now bhumidhar with
transferable rights) and the interest of proprietor and collaterals ceased to exist Vide. Bishwa Nath Pandey
Vs Mst. Badame 1980, A.L.J. 58.

2) A Thekadar in respect of sir and Khudkasht Land—if sir and khudkasht land was in the personal
cultivation of thekadar on the date immediately preceding the date of vesting he become asami of such
land and zamindar became bhumidhar of the same land. The thekadar is entitled to hold the land for the
unexpired period of the theka or for a period of five year from the date of vesting whichever is lesser.

3) A thekadar holding the land in excess of 30 acres- if the land in the personal cultivation of thekadar was
not sir or khudkasht of the lessor (zamindar) the thekadar become sirdar up to 30 acres of land. The
remainder shall be deemed to be the vacant land vested in Gaon Sabah. But with permission of collector
the thekadar may retain such excess land as an asami of Gaon Sabah.
If permitted by the collector the thekadar shall retain the land up to the period for which he was permitted
but such permission will not last beyond that term of theka which was granted by the zamindar before the
abolition of zamindari.
4) A person recorded as an occupant of grove land.S.21(a)
5) A non occupancy tenant of intermediary’s grove land S.22(b)
6) A sub tenant of grove land S.21(2)
7) A lessee from a bhumidhar (or sirdar)
It is to be noted that under the Act, no tenure holder can let his holding or part thereof unless he comes
under the category of disabled bhumidhar lets his holding or part of it the lessee shall become Asami of
such land.
8) A person admitted as an Asami by the bhumi prabandhak samiti in land mentioned U/S. 132 of the Act.
9) A sub tenant referred in the proviso to sub section (3) of S.27 of the U.P. Tenancy (Amendment)
Act,1947.
10) A Mortgagee in actual possession from-
Permanent lessee in Avadh,
Tenants
Grantees, and
Grove holders
11) A non occupancy tenant of pasture land or a non occupancy tenant of land covered by water and used
for the purpose of growing singhara or other produce; or a non occupancy tenant of land in the bed of a
river for casual or occasional cultivation.
12) A non occupancy tenant of land declared by the state Government by notification in the Gazette to be
intended or set apart for taungya plantation
13) A tenant of a tract of land of shifting or unstable cultivation. Such lands are har tareta tracts in the
Jhansi district and tracts of inferior classes of soil in the bundelkhand between river jamuna and Betwa.
14) A court lessee U/S. 252(1) of the U.P. Tenancy Act 1939 in executing the decree for the realizing of the
rent S252(1) of the U.P. Tenancy Act 1939 empowered the court to make lease of holding instead of its sale;
such lessee had right to hold the land only for the lease period. Upon the expiry of the lease period the
holding was to be restored to the tenure holder concerned free of any claim of arrears of rent etc under the
U.P.Z.A. and L.R. Act such lessee from court became asami and is entitled to hold the land for the unexpired
term of the lease.
15) A tenant of sir of smaller intermediary who was disabled person U/S. 157(1) of the Act.
Intermediary paying upto Rs 250 as land revenue or as rent was classified as smaller intermediary. In
considering the ceiling of Rs.250 any sum to be paid as a thekadar shall be excluded.
16) A sub tenant or an occupant referred to in S.20 where the land holder was disabled person U/S. 157 (1).
Classes of tenures.- Section 74

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.

1 Bhumidhar with transferable rights.- Every person belonging to any of the following classes, shall be
called bhumidhar with transferable rights and shall have all the rights and be subject to all the
liabilities conferred or imposed upon such bhumidhar by or under this Code namely-

(a) Every person who was a bhumidhar with transferable rights immediately before the date
of commencement of this Code;

(b) Every person who in any other manner acquires, on or after the said date, the rights of
such a bhumidhar under or in accordance with the provisions of this Code or under any
other law for the time being in force.

2 Bhumidhar with non-transferable rights.- (1) Every person belonging to any of the following classes
shall be called a bhumidhar with non-transferable rights and shall have all the rights and be
subject to all the liabilities conferred or imposed upon such bhumidhar by or under this Code
namely:-

(a) every person who was a bhumidhar with non-transferable rights immediately before the
date of commencement of this Code;

(b) every person who is admitted as a bhumidhar with non-transferable rights on or after the
said date by the Bhumi Prabandhak Samiti to any land under or in accordance with the
provisions of this Code;

(c) every person who is allotted any land on or after the said date under the provisions of the
Uttar Pradesh Bhoodan Yajna Act, 1952;

(d) every person who is allotted any land on or after the said date under the provisions of the
Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960;

(dd) every person who was an asami in possession of land not covered by section 77 of this
Code, immediately before the date of the commencement of this Code and had been
recorded as such in class-3 of the annual register (khatauni) of 1407 Fasli:
 Provided that where the land in possession of a person, together with any other land, held
by him in Uttar Pradesh exceeds the ceiling area determined under the Uttar Pradesh
Imposition of Ceiling on Land Holdings Act, 1960, the rights of a Bhumidhar with non-
transferable rights shall accrue in favour of such person in respect of so much area of the
first mentioned land, as together with such other land held by him, does notexceed the
ceiling area applicable to him, and the said area shall be demarcated in the prescribed
manner in accordance with the principles laid down in the aforesaid Act;

(e) 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 any other law for the
time being in force.

(2) Every person who was a bhumidhar with non-transferable rights immediately before the
commencement of this Code and had been such bhumidhar for a period of five years or more,
shall become bhumidhar with transferable rights on such commencement.

(3) Every person who was a bhumidhar with non-transferable rights on the commencement
referred to in sub-sections (1) and (2) or becomes bhumidhar with non-transferable rights after
such commencement shall become bhumidhar with transferable rights after expiry of five years
from his becoming bhumidhar with non-transferable right.

(4) Notwithstanding anything contained in any other provisions of this Code, if any person
transfers land by sale after becoming bhumidhar with transferable rights under sub-section (2) or
sub-section (3), he shall not be eligible for lease of any land vested in the Gram Panchayat or the
State Government or the surplus land defined in the Uttar Pradesh Imposition of Ceiling on Land
Holdings Act, 1960.
 JURISDICTION AND PROCEDURE OF REVENUE COURTS

3 Jurisdiction of civil Courts and revenue courts. - (1) Notwithstanding anything

contained in any law for the time being in force, but subject to the provisions of this
Code, no Civil Court shall entertain any suit, application or proceeding to obtain a
decision or order on any matter which the State Government, the Board, any
Revenue Court or revenue Officer is, by 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 3 of the Third Schedule shall entertain any suit, application or
proceeding specified in column 2 thereof.

Notwithstanding anything contained in this Code, an objection that a Court or

officer mentioned in sub-section (2)(b) had or had no jurisdiction with respect to
any suit, application or proceeding, shall not be entertained by any appellate,
revisional or executing Court, unless the objection was taken before the Court or
officer of the first instance, at the earliest opportunity, and in all cases where issues
are settled at or before such settlement, and unless there has been a consequent
failure of justice.
First appeal. - (1) Any party aggrieved by a final order or decree passed in any
suit, application or proceeding specified in column 2 of the Third Schedule, may
prefer a first appeal to the court or officer specified against it in column 4, where
such order or decree was passed by a Court or officer specified against it in
column 3 thereof.
(2) A first appeal shall also lie against an order of 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 against.

Second Appeal.- (1) Where in any suit, application or proceeding specified in

column 2 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 column 5.

(2) The Appellate Court shall not entertain a second appeal unless it is satisfied
that the case involves a substantial question of law.

(3) The period of limitation for filing a second appeal under this section shall be
ninety days from the date of the order or decree appealed against.

Bar against certain appeals.- Notwithstanding anything contained in sections

207 and 208, no appeal shall lie against any order or decree-

(a) made under Chapter XI of this Code;

(b) granting or rejecting an application for condonation of delay under section

5 of Limitation Act, 1963;

(c) rejecting an application for revision;

(d) granting or rejecting an application for stay;

(e) remanding the case to any subordinate Court;

(f) where such order or decree is of an interim nature;

(g) passed by Court or officer with the consent of parties; or

(h) where has been passed ex-parte or by default:

Provided that any party aggrieved by order passed ex-parte or by default,

may move application for setting aside such order within a period of thirty
days from the date of the order;

Provided further that no such order shall be reversed or altered without

previously summoning the party in whose favour order has been passed to
appear and be heard in support of it.

Power to call for the records.-(1) The Board or the Commissioner may call for
the record of any suit or proceeding decided by any sub-ordinate Revenue Court in
which no appeal lies, 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 appears 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 to the
Board or to the Commissioner, no further application by the same person shall be
entertained by the other of them.

Explanation. - For the removal of doubt it is, hereby, declared that when an
application under this section has been moved either to the Board or to the
Commissioner, the application shall not be permitted to be withdrawn for the

purpose of filing the application against the same order to the other of them.

(3) No application under this section shall be entertained after the expiry of a
period of sixty days from the date of the order sought to be revised or from the
date of commencement of this Code, whichever is later.
4 Board’s power of review. - (1) The Board may, of its own motion or on the
application of any party interested, review any order passed by itself and pass
such orders in reference thereto as it thinks fit.

(2) No order shall be reviewed under sub-section (1), except on the following
grounds-

(a) discovery of any new and important matter or evidence;

(b) some mistake or error apparent on the face of record;

(c) any other sufficient reason.

(3) Orders passed on review shall not be reviewed.

(4) An application under sub-section (1), for review of any order, may be
moved within sixty days from the date of such order.

Power to transfer cases. - (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 sub-ordinate 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 cases himself or refer the same for disposal to any
other revenue officer competent to decide such case or class of cases.
State Government to be necessary party in certain cases. -Subject to the
provisions of this Code or the rules made there under, the State Government
shall be made a party to any suit instituted by or against the Gram Panchayat or local authority
under this Code.
 Applicability of Code of Civil Procedure, 1908 and Limitation Act,
1963.- 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 proceedings under this Code.
Orders not to be invalid on account of irregularity in procedure. - 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.

Service of notice.- Any notice or other document required or authorized to be

served under this Code may be served either:-

(a) by delivering it to the 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 this Code of Civil Procedure, 1908 for
service of summons.

Revenue Courts to have no power to adjudicate upon the validity of

enactment. - Notwithstanding anything contained in the provisions of this Code,
the Board or any other Revenue Court shall have no jurisdiction in respect of a matter
which involves a question as to the validity of the provisions of this Code or any other
law for the time being in force or any rule or notification made or issued there under.
Explain the Constitution, Power and Decision of the Board .

Chapter III
BOARD AND THE REVENUE OFFICERS

Board of Revenue.-
(1) There shall be a Board of Revenue for Uttar Pradesh consisting of a Chairman
and such other members as the State Government may, from time to time, appoint:

Provided that the Board as constituted and functioning immediately before the
commencement of this Code shall be deemed to be the Board constituted under this
section.

(2) (deleted).

(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) a Judicial Member of the Board, unless he has held an office not below
the rank of a Collector.
(4) The State Government may, at the time of making the appointment or at
any
time subsequent thereto, designate any member, as Judicial Member of the Board,
and any such member shall be allotted only judicial business.
Jurisdiction of the Board.-
(1) The Board shall be the Chief Controlling Authority-
(a) in all matters relating to disposal of cases, appeals or revisions; and

(b) subject to the superintendence, direction and control of the State

Government, in all other matters provided in this Code.

(2) Subject to the provisions of the sub-section (1), the Board shall exercise,
perform and discharge powers, functions and duties conferred upon it by or

under this Code or any other law for the time being in force.
(3) The State Government may authorise any member of the Board to exercise,
perform and discharge either generally or in respect of any particular locality or
matter, all or any of the powers, functions and duties conferred or imposed on
the Board.

Power to distribute business. –

(1) Subject to such rules or orders as the State Government may make or issue,
the Board may distribute its business amongst its members as the Board may
deem fit. Chairman may constitute bench or benches consisting of more than one
member for disposal of a particular case or class of cases.

(2) All orders made or decrees passed by a member of the Board in accordance with
such distribution shall be deemed to be orders or decrees, as the case may be, of the
Board.
Decisions of the Board. - (1) Where any proceeding coming under the
consideration of the Board on appeal or in revision is heard by a Bench
composed of two or more members, the case shall be decided in accordance
with the opinion of such members or of the majority, if any, of such members.

(2) Where the members of the Board constituting the Bench are equally divided in
opinion as to the decision of a case, it shall be heard by a larger Bench to be
constituted by the Chairman, and the case shall be decided in accordance with the
opinion of the members constituting such Bench or of the majority, if any, of such
members.

(3) All decisions given by a member sitting singly, or by a Division Bench

comprising two members or a larger Bench constituted as aforesaid shall be
deemed to be decisions of the Board.
Power to prevent damage, misappropriation and wrongful
occupation of Gram Panchayat property.-
(1) Where any property entrusted or deemed to be entrusted under the provisions of
this Code to a Gram Panchayat or other local authority is damaged or
misappropriated, or where any Gram Panchayat or other authority is entitled to take
possession of any land under the provisions of this Code and such land is occupied
otherwise than in accordance with the said provisions, the Bhumi Prabandhak Samiti
or other authority or the Lekhpal concerned, as the case may be, shall inform the
Assistant Collector concerned in the manner prescribed.

(2) Where from the information received under sub-section (1) or otherwise,
the Assistant Collector is satisfied that any property referred to in sub-section
(1) has been damaged or misappropriated, or any person is in occupation of any
land referred to in that sub-section in contravention of the provisions of this
Code, he shall issue notice to the person concerned to show cause why
compensation for damage, misappropriation or wrongful occupation not
exceeding the amount specified in the notice be not recovered from him and
why he should not be evicted from such land.

(3) If the person to whom a notice has been issued under sub-section (2) fails to
show cause within the time specified in the notice or within such extended time as
the Assistant Collector may allow in this behalf, or if the cause shown is found to
be insufficient, the Assistant Collector may direct that such person shall be evicted
from the land, and may, for that purpose, use or cause to be used such force as
may be necessary, and may direct that the amount of compensation for
damage or misappropriation of the property or for wrongful occupation, as the case may be,
be recovered from such person as arrears of land revenue.

(4) If the Assistant Collector is of opinion that the person showing cause is not
guilty of causing the damage or misappropriation or wrongful occupation referred
to in the notice under sub-section (2), he shall discharge the notice.

(5) Any person aggrieved by an order of the Assistant Collector under sub-section
(3) or sub-section (4), may within thirty days from the date of such order, prefer an
appeal to the Collector.

(6) Notwithstanding anything contained in any other provision of this Code, and
subject to the provisions of this section every order of the Assistant Collector
under this section shall, subject to the provisions of sub-section (5) be final.

(7) The procedure to be followed in any action taken under this section shall
be such as may be prescribed.

Explanation. - For the purposes of this section, the word ‘land’ shall include the
trees and buildings standing thereon.
 ATTACHMENT AND SALE OF IMMOVABLE PROPERTIES

Attachment of immovable property.-

(1) Every process of attachment of any immovable property under section 174 or section
177, or for lease of any land under section 175 shall be issued by the Collector.

(2) Every such attachment shall be effected in the manner prescribed in Order XXI, Rule 54
of the First Schedule to the Code of Civil Procedure, 1908.
Objection against attachment.- (1) Where any claim is preferred by any person other
than the defaulter or any person claiming under him in respect of any property attached
under this Chapter, the Collector may, after an inquiry, held after
reasonable notice, admit or reject such claim:

Provided that no such claim shall be entertained:

(a) where, before the claim is preferred, the property attached has already
been sold; or

(b) where the Collector considers that the claim is designedly or

unnecessarily delayed; or

(c) where the claim is preferred after 30 days from the date of attachment.

(2) The person against whom an order is made under sub-section (1) may, within
sixty days from the date of the order, prefer an appeal before the Commissioner to
establish the right which he claims to the property attached but subject to the result
of such appeal, if any, the order of the Collector shall be final.
5 Proclamation of sale.- (1) Where any immovable property is sought to be sold
under the provisions of this Chapter, the Collector or an Assistant Collector
authorised by him, shall issue a proclamation of the intended sale in the form
prescribed, specifying therein-

(a) the details of the property sought to be sold;

(b) the estimated value, reserve price and circle rate of such property;

(c) the land of revenue, if any, payable therefor;

(d) the encumbrances, if any;

 (e) the amount of arrears for the recovery of which the property is sought to
be sold;

(f) the date, time and place of the intended sale; and

(g) such other particulars as the Collector may think necessary.

(2) Where the area of the land sought to be sold exceeds 5.0586 hectares, a single
proclamation may be issued under sub-section (1), but the actual sale shall be
made in lots of 1.26 hectares or more.

(3) No sale shall take place until the expiry of twenty-one days from the date on
which the proclamation is issued under this section.

(4) A copy of the proclamation shall be served on the defaulter.

Affixation of proclamation.- 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 is 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.

Sale when and by whom made. –

(1) Every such sale shall be made by the Collector or by the Assistant Collector authorized by
him.

(2) No sale shall take place on a Sunday or other holiday notified for State
Government offices.

(3) The Sale Officer 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.
Stoppage of the 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.
Prohibition to bid. - (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 up to the amount for which the sale has been ordered,
the Collector may order for bid up to the amount of such arrears.
Deposit by purchaser and re-sale on default.-(1) The person declared to
be the purchaser shall be required to deposit immediately twenty-five per cent 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.
Deposit of purchase money.- 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 re-sold; and

(b) the deposit made under section 189 shall be forfeited to the State
Government.
Procedure of revision of map and records. -
(1) For revising the map and records under sections 46 and 47, the Record Officer
shall, subject to the provisions of sub-sections (2) to (8), cause to be carried out
survey, map correction, field to field partal and test and verification of current
record of rights (Khatauni) in accordance with the procedure prescribed.

(2) After the test and verification of the current record of rights, the Naib-
Tahsildar shall correct clerical mistakes and errors, if any, in such records, and shall
cause to be issued to the concerned tenure holders and other persons interested,
notices containing relevant extracts from the current record of rights and such
other records as may be prescribed showing their rights and liabilities in relation
to land and mistakes and disputes discovered during the operations mentioned in
sub-section (1).

(3) Any person to whom notice under sub-section (2) has been issued may within
twenty one days of the receipt of notice, file before the Naib-Tahsildar objections
in respect thereof disputing the correctness or nature of the entries in such
records or extracts.

(4) Any person interested in the land may also file objection before the Naib-
Tahsildar at any time before the dispute is settled in accordance with sub-
section (5), or before the Assistant Record Officer, at any time before the
objections are decided in accordance with sub-section (6).

(5) The Naib-Tahsildar shall-

(a) where objections are filed in accordance with sub-section (3) or sub-section
(4), after hearing the parties concerned; and
(b) in any other case, after making such inquiry as he may deem necessary;

correct the mistake, and settle the dispute, by conciliation between the parties
appearing before him, and pass order on the basis of such conciliation.
(6) The record of all cases which cannot be disposed of by the Naib-Tahsildar by
conciliation as required by sub-section (5), shall be forwarded to the Assistant
Record Officer who shall dispose of the same, in accordance with the procedure
laid down in section 24 and where the dispute involves a question of title, he shall
decide the same after a summary inquiry.
(7) Where after the summary inquiry under sub-section (6), the Assistant Record
Officer is satisfied that the land in dispute belongs to the State Government or a
local authority, he shall cause the person in unauthorized occupation of such land
to be evicted and may, for that purpose, use or cause to be used such force as may
be necessary.
(8) Any person aggrieved by an order of the Assistant Record Officer made under
sub-section (6) or sub-section (7) may prefer an appeal within thirty days from
the date of such order to the Record Officer in the manner prescribed and every
order of the Record Officer on such appeal shall subject to the provision of section
210, be final.
Finalisation of record of rights.- After the revision of map or records in
accordance with section 49, the Assistant Record Officer shall confirm or amend
the record of rights (Khatauni) under his dated signature.

Preparation of new record of rights. - The Assistant Record Officer shall

thereafter prepare, for each village in the area under the record or survey
operation, the records specified in sections 30 and 31 on the basis of the record of
rights (Khatauni) referred to in section 50 and the records so prepared shall be
maintained by the Collector in place of the records previously existing.
Procedure for villages where no records are available.-
(1) The provisions 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.
 (2) The provisions of this Chapter shall, mutatis mutandis, apply to record
operation and survey operation of abadi or village abadi.

Presumption as to the entries. - 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.
Mutation in cases of succession.-
(1) Every person obtaining possession of any land by succession shall submit report of such
succession to the Revenue Inspector of the circle in which the land is situate in such form as
may be prescribed.
(2) On receipt of a report under sub-section (1) or on facts otherwise coming to his
knowledge, the Revenue Inspector shall-

(a) if the case is not disputed, record such succession in the record of rights
(Khatauni);
(b) in any other case, make such inquiry as may appear to him to be
necessary and submit his report to the Tahsildar;

(3) Any person whose name has not been recorded by Revenue Inspector or who
is aggrieved by the order passed by the Revenue Inspector under clause (a) or (b)
of sub-section (2) may move an application before Tahsildar.

(4) The provisions of this section shall mutatis mutandis apply to every person
admitted as a Bhumidhar with non-transferable rights or as an asami by the Bhumi
Prabandhak Samiti in accordance with the provisions of this Code or any
enactment repealed by it.

Duty to report in cases of transfer.-

(1) Every person obtaining possession of any land by transfer, other than a
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 is situate.

Explanation. - For the purposes of this section, the word ‘transfer’ includes a
family settlement.

(2) State Government may fix a scale of fees for getting entry recorded in the
record of rights on the basis of transfer. A fee in respect of any such entry shall
be payable by the person in whose favour the entry is to be made.
 Mutation in cases of succession or transfer. -
(1) On the receipt of a report under section 33 or section 34, or upon facts
otherwise coming to his knowledge, the Tahsildar shall issue a proclamation and
make such inquiry as appears to be necessary and-

(a) if the case is not disputed, he shall direct the record of rights (Khatauni) to
be amended accordingly;

(b) (deleted);

(c) if the case is disputed, he shall decide the dispute and direct, if necessary,
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 date of such order.

Intimation of transfer and deposit of land revenue.-

(1) Notwithstanding anything contained in section 34, where any document purporting
to create, assign or extinguish any title to or any charge on land or in respect of which
a record of rights (Khatauni) is prepared, is registered under the Registration Act,
1908 the registering authority shall send intimation to the Tahsildar within whose
jurisdiction such land is situate in such form and within such time, as may be
prescribed.

(2) Notwithstanding anything contained in this Chapter, no order for correction of records under section
32 and no order for recording succession under section 33 and no amendment of record of rights
(khatauni) under section 35 and no correction under section 38 shall be recorded, unless the amount
of land revenue due up-to- date in respect of the land to which such order relates has been
deposited.
Correction of records.- (1) Subject to the control of the Collector, the Sub-
Divisional Officer, the Tahsildar, or the Revenue Inspector shall record, in the
manner hereinafter provided in this Chapter, all changes in the record of rights
(Khatauni), the field book (Khasra) and the map that may take place, and all
transactions that may affect any of the rights or interests recorded, and correct
therein any errors proved to have been made in the records previously prepared :
Provided that order for correction in map shall be passed by the
Collector.
(2) No application for correction of error under sub-section (1) where the claim is
based solely on possession as well as involving intricate question of title shall be
maintainable.
Escheat. –
(1) Where a bhumidhar or an asami holding land from a Gram Panchayatdies without
known heirs, the Sub-Divisional Officer may take possession of the land held by such
bhumidhar or asami, and may lease it for a period of one agricultural year at a time, in the
manner prescribed.

(2) The terms and conditions of every lease under sub-section (1) shall be such as
may be prescribed.

(3) if within three years of the date on which the Sub-Divisional Officer takes
possession of the land any claimant applies for the land being restored to him, the
Sub-Divisional Officer may, after such inquiry as he thinks fit, allow or reject his
claim.

(4) Any person aggrieved by an order rejecting his claim under sub-section (3)
may, within one year from the date of communication of such order to him, file a
suit for declaration of his rights under section 144.

(5) The Sub-Divisional Officer shall continue to lease out the land in accordance
with sub-sections (1) and (2) till the suit referred to in sub-section (4) is finally
decided.

(6) If no claimant appears within three years from the date of taking possession of
the land by the Sub-Divisional Officer, or if the claimant whose claim has been
rejected under sub-section (3) does not file a suit in accordance with sub-section
(4), or the suit, if filed is finally dismissed, then the land shall be deemed to have
vested in the Gram Panchayat or the local authority under section 59 with effect
from the following date, namely-

(a) where no claimant appears, from the date of expiry of the three years period
referred to in sub-section (3); or

(b) where the claimant does not file a suit for declaration, from the date of expiry
of the one year period referred to in sub-section (4); or
 (c) where the suit filed by the claimant under sub-section (4) is finally dismissed,
from the date of such final dismissal.

(7) Where any claimant succeeds in any claim under sub-section (3) or in any suit
filed under sub-section (4), he shall, notwithstanding anything contained in any
law for the time being in force, be entitled to possession of the land and to the
rent realised from the lessee after deducting all arrears of land revenue due in
respect of such land and the expenses of its management.

MANAGEMENT OF LAND AND OTHER PROPERTIES BY GRAM

PANCHAYAT OR OTHER LOCAL AUTHORITY

1 Entrustment of land etc. to Gram Panchayats and other local

authorities.- (1) The State Government may, by general or special order to be
published in the manner prescribed, entrust all or any of the things specified in
sub- section (2), which vest in the State Government, to a Gram Panchayat or
other local authority for the purposes of superintendence, preservation,
management and control in accordance with the provisions of this Code.

(2) The following things may be entrusted to a Gram Panchayat or other local
authority under sub-section (1), namely-

(i) lands, whether cultivable or otherwise, except land for the time being
comprised in any holding or grove;

(ii) grove standing on the Gram Panchayat land, pasture land, graveyard,
cremation ground, manure pits, Khaliyans, Chakroads, link roads, sector
roads, land in river bed, road, Sadak Khanti, Sullage farm;

(iii) forests and fisheries;

(iv) trees, other than trees in a holding or on the boundary of a holding or in a

 grove or abadi, or any trees on unoccupied land;

(v) hats, bazaars, melas, tanks, ponds, water-channels, private ferries,

pathways and abadi sites;

(vi) subject to the provisions of the Treasure Trove Act, 1878, any
properties specified in section 55 and belonging to the State Government.

(3) Every land and other thing-

(a) vested in a Gram Panchayat or any other local authority under the provisions
of the Uttar Pradesh Consolidation of Holdings Act, 1953, or the Uttar Pradesh
Imposition of Ceiling on Land Holdings Act, 1960;

(b) placed under the charge of a Gram Panchayat or any other local authority
under any of the enactments repealed by this Code;

(c) otherwise coming into possession of a Gram Panchayat or other local

authority, either before or after the commencement of this Code;

shall be deemed to be entrusted to such Gram Panchayat or other local authority,

as the case may be, with effect from the date of commencement of this Code or
from the date of such coming into its possession, for the purpose of
superintendence, preservation, management and control, in accordance with the
provisions of this Code.

(4)The State Government may, by a subsequent order to be published in the

manner prescribed,-

(a) add to, amend, vary or rescind any earlier order issued under sub-section (1);

(b) transfer to any other Gram Panchayat or other local authority, any land or
other thing entrusted or deemed to be entrusted under sub-section (1) or sub-
section (3) for superintendence, preservation, management and control;

(c) resume any land or other thing so entrusted or deemed to be entrusted, or

transferred to any Gram Panchayat or local authority on such terms and
 conditions as prescribed;

(d) impose conditions and restrictions subject to which the powers of

superintendence, preservation, management and control under this section
shall be exercised.

(5) Where any of the things specified in sub-section (2) has been entrusted or
deemed to have been entrusted to a Gram Panchayat, and the village or any part
thereof in which such things are situated lies outside the circle of the Gram
Panchayat, such Gram Panchayat or its Bhumi Prabandhak Samiti shall, subject to
any general or special order issued by the State Government in this behalf,
perform, discharge and exercise the functions, duties and powers assigned,
imposed or conferred by or under this Code or the U.P. Panchayat Raj Act, 1947 on
a Gram Panchayat or a Bhumi Prabandhak Samiti as if that village or part also lay
within that circle.

(6) Where any of the things specified under sub-section (2) has been entrusted or
deemed to be entrusted to a local authority other than the Gram Panchayat, the
provisions of this Chapter shall mutatis mutandis apply to such local authority.

2 Superintendence, management and control by Bhumi Prabandhak

Samiti. -(1) Subject to the provisions of this Code, every Bhumi Prabandhak
Samiti shall be charged, for and on behalf of the Gram Panchayat, with the
superintendence, preservation, management and control of all land and other
things entrusted or deemed to be entrusted to that Gram Panchayat under
section 59 or over which such Gram Panchayat is entitled to take possession
under this Code or any other law for the time being in force.

(2) Without prejudice to the generality of the foregoing provisions, the functions
and duties of the Bhumi Prabandhak Samiti shall include:-

(a) the settlement and management of land;

(b) the preservation, maintenance and development of forests and trees;

(c) the maintenance and development of abadi sites and village communications;

(d) the management of hats, bazaars and melas;

 (e) the maintenance and development of fisheries and tanks;

(f) the development of cottage industries;

(g) the development and improvement of agriculture;

(h) the conduct and prosecution of suits and proceedings by or against the Gram
Panchayat; and

(i) such other matters as may be prescribed.

3 Management of village tanks.- Where a tank in any village is entrusted or
deemed to be entrusted to any Gram Panchayat under section 59, then,
notwithstanding anything contained in any contract or grant or and law for the
time being in force, its management by such Gram Panchayat shall be regulated
by the following conditions, namely:-

(a) where the area of the tank measures 0.5 acre or less, it shall be reserved for
public use by the inhabitants of the village;

(b) where the area of the tank exceeds 0.5 acres, the Bhumi Prabandhak Samiti
shall, with the previous approval of the Sub-Divisional Officer, let it out in
the manner prescribed.
Explanation. - For the purpose of this section, the term ‘tank’, includes talab,
pond, pokhar and other land covered with water.

4 Conduct of suits and legal proceedings. - (1) Subject to the provisions of sub-
section (2) and such other conditions as may be prescribed, the Chairman or such
members of the Bhumi Prabandhak Samiti as may be authorised in this behalf by
such Samiti, may sign any document and do all other things for the proper conduct
and prosecution of suits and other proceedings for and on behalf of the Gram
Panchayat.

(2) No suit or other proceedings to which any Gram Panchayat is a party shall be
compromised or withdrawn on behalf of such Gram Panchayat, unless such
compromise or withdrawal is approved by a resolution of the Bhumi Prabandhak
Samiti and prior sanction of the Sub-Divisional Officer is obtained.
5 Land which may be allotted for abadi sites.- (1) The Sub-Divisional Officer may
of his own motion or on the resolution of the Bhumi Prabandhak Samiti earmark
the 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 Panchayat under

clause (i) of sub-section (2) of section 59;

(b) all lands coming into possession of Gram Panchayat under any other
provisions 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 vacant land referred to in sub-section (1);

(b) any land earmarked for abadi sites under the Uttar Pradesh Consolidation of
Holdings Act, 1953;

any land acquired under the provisions of Land Acquisition Act, 1894 (Act No.1 of 1894) and The
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 (Act No.30 of 2013).

6 Standing Counsel and other lawyers. – (1) The State Government may, on such
terms and conditions and in such manner as may be prescribed, appoint-

(a) one or more Standing Counsel (Revenue) each at Allahabad High Court and
Lucknow Bench thereof;

(b) one or more Standing Counsel (Revenue) each for Board of Revenue
Allahabad and Lucknow;

(c) one or more Divisional Government Counsel (Revenue) for the

divisional head-quarter; and
 (d) one District Government Counsel (Revenue) and one or more Additional
District Government Counsel (Revenue) for the district head-quarter.

(2) The Collector may, on such terms and conditions and in such manner as may
be prescribed appoint not more than two Panel Lawyers (Revenue) for every
tahsil.

(3) Subject to the provisions of sub-section (2) of section 62, the legal
practitioners appointed under sub-section (1) or sub-section (2) may plead or act,
without any written authority, on behalf of any Gram Sabha, Gram Panchayat or
Bhumi Prabandhak Samiti in any Court or authority for which he is so appointed.

(4) No Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti shall

engage any legal practitioner other than one appointed under this section without
prior permission of the Collector.

(5) Notwithstanding anything contained in the Court Fees Act 1870 (Act No.7 of
1870) no Court fee shall be payable on any vakalatnama or memo of appearance
filed by any legal practitioner appointed under this section.

(6) The legal practitioners appointed under this section shall not be competent to
plead or act against any Gram Sabha, Gram Panchayat or Bhumi Prabandhak

Samiti before any Court for which he is so appointed.

(7) The State Government may, by notification in the gazette, issue any
direction, for monitoring of cases filed by or against Gram Panchayat, Gram
Sabha or Bhumi Prabandhak Samiti and performance based annual appraisal
of Panel Advocates appointed under this Code or the enactments repealed by
it, and also for appointing any law officer for the aforesaid purpose.
 DEVOLUTION
7 Bequest by bhumidhar or asami.-(1) Subject to the provisions of sub- section
(2), a bhumidhar with transferable rights may bequeath his interest in any holding
by will.

(2) In relation to a bhumidhar with transferable rights belonging to a scheduled

caste or scheduled tribe, the provisions of sections 98 and 99 shall apply to the
making of bequests as they apply to transfer during life time.

(3) Every will made under this section shall, notwithstanding anything contained in
any law, custom or usage, be in writing, attested by two witnesses and registered.

(4) No bhumidhar with non-transferable rights or asami shall have the right to
bequeath his interest in any holding by will.

A bequest made in contravention of the provisions of this section shall be void.

 LEASE OF LAND BY GRAM PANCHAYAT

8 Admission by Bhumi Prabandhak Samiti to land entrusted to Gram

Panchayat.- The Bhumi Prabandhak Samiti may, with the previous approval of
the Sub-Divisional Officer, admit any person as-

(a) bhumidhar with non-transferable rights to any land entrusted or deemed

to be entrusted to the Gram Panchayat under section 59 other than land
specified in section 77;

(b) asami to any land specified in section 77 except in clause (a) or clause (h) or
(i) thereof where such land is entrusted or deemed to be entrusted to the
Gram Panchayat under section 59 other than a tank specified in clause (a)
of section 61.

9 Order of preference in admission to land by Bhumi Prabandhak Samiti.-

(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 life 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 backward class or a person of
general category living below poverty line as determined by the State
Government;

(d) Any other landless agricultural labourer residing in the Gram Sabha;

(e) A landless person residing in the Gram Sabha who has retired or been
released or discharged from service in the Armed Forces of the Union,
 otherwise than as an officer;

(f) A landless freedom fighter residing in the Gram Sabha, who has not been
granted political pension;

(g) Any bhumidhar or asami residing in the Gram Sabha and holding land less
than 1.26 hectares;

(h) Any other landless agricultural labourer belonging to a scheduled caste or

scheduled tribe, other backward class or a person of general category living
below poverty line as determined by the State Government not residing
in the Gram Sabha but residing in the Nyaya Panchayat circle referred to in
section 42 of Uttar Pradesh Panchayat Raj Act, 1947.

Explanation.- For the purposes of this sub-section-

(i) ‘allotment’ includes any allotment made under the corresponding

provisions of any enactment repealed by this Code;

(ii) (deleted);

(iii) a person shall be deemed to be ‘landless’ if he or his spouse or their

minor children, and where the allottee is himself a minor, then his
parents hold no land on the date of allotment or within two years
immediately preceding the said date;

(iv) the expression ‘freedom fighter’ means a person so defined in the Uttar
Pradesh Public Services (Reservation for Physically Handicapped,
Dependents of Freedom Fighters and Ex-Serviceman) Act, 1993;

(v) ‘‘other backward class’’ means the backward classes of citizens specified
in Schedule-I of the Uttar Pradesh Public Services (Reservation for
Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act,
1994 (U.P. Act No.4 of 1994);

(vi) ‘‘person of general category living below poverty line’’ means such
persons as may be determined from time to time by the State
Government.

(2) The land that may be allotted under sub-section (1) shall not exceed such area as
 together with the land held by him as bhumidhar or asami immediately before the
allotment would aggregate to 1.26 hectares.
10 Consequences of allotment. - (1) Where any land is allotted to a person in
accordance with sections 125 and 126 and any tree or other improvement exists on
such land, then unless the contrary intention appears, such tree or improvement
shall also be deemed to be allotted to the person concerned along with the land.

(2) The allottee shall hold the land so allotted on such terms and conditions as may
be prescribed:

Provided that if the allottee is a married man and his wife is alive, she
shall be co-allottee of equal share in the land so allotted.
11 Cancellation of allotment and lease. - (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 there under, he may cancel the allotment and the
lease, if any.

(1-A) Any application under sub-section (1) may be moved in the case of an
allotment of land made before the commencement of this Code, within five
years from the date of such commencement and in the case of an allotment of
land made on or after the date of such commencement, within five years from
the date of such allotment or lease.

(2) Where the allotment or lease of any land is cancelled under sub-section (1),
the following consequences shall ensue, namely-

(a) the right, title and interest of the allottee or lessee or any other person
claiming through him in such land and in every tree or other improvement
existing thereon shall cease, and the same shall revert to the Gram Panchayat;

(b) the Collector may direct delivery of possession over such land, tree or
improvement forthwith to the Gram Panchayat after ejectment of every
person holding or retaining possession thereof and may for that purpose use
or cause to be used such force as may be necessary.
(3) Where in proceedings for cancellation of allotment or lease referred to in
clause
(b) of sub-section (1) the Collector is satisfied that any land referred to in section 77
excepting clause (a) or clause (h) or (i) thereof has been allotted to any person as
bhumidhar with non-transferable rights, he may instead of cancelling the allotment,
or lease, direct that the allottee or lessee shall be treated as an asami under clause
(b) of section 125.

(4) Every order made by the Collector under this section shall, subject to the
provisions of section 210, be final.

(5) The provisions of sections 5 and 49 of the Uttar Pradesh Consolidation of

Holdings Act, 1953 shall not apply to the proceedings under this section.