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MPLRC 1

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113 views8 pages

MPLRC 1

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© © All Rights Reserved
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UNIT - 1

The Madhya Pradesh Land Revenue Code, 1959 (MPLRC) is a comprehensive law in Madhya Pradesh
that governs land revenue administration, land tenure, and agricultural tenancy in the state. It establishes a
framework for land records, ownership rights, tenancy regulations, and revenue collection.

Here's an overview of the key aspects of the Madhya Pradesh Land Revenue Code, 1959:

1. Key Objectives of MPLRC

 To consolidate and amend the laws relating to land revenue, tenure, and management.
 To regulate the collection of land revenue and other dues payable to the government.
 To protect the rights of landowners and tenants.
 To define the powers and functions of revenue officers.

2. Important Provisions of MPLRC

a. Land Tenure System

 Land is broadly categorized into government land and private land.


 The code recognizes various types of tenure holders, including:
o Bhumiswami: A landowner with absolute rights.
o Government lessee: Holds land on lease from the government.

b. Rights of Bhumiswami

 The right to use, sell, transfer, mortgage, or lease land.


 Protection against unlawful eviction.

c. Land Revenue

 All land is subject to payment of land revenue unless exempted.


 The code specifies procedures for revenue assessment, collection, and revision.

d. Tenancy and Agricultural Land

 Tenants have limited rights, such as cultivation and protection from eviction.
 Sharecroppers and tenants are entitled to a fair share of agricultural produce.
 Specific provisions protect agricultural tenants from exploitation.

e. Land Records and Management

 Maintenance of land records, maps, and registers.


 Survey and settlement operations to update ownership and revenue details.
 Provisions for resolving land disputes.

f. Ceiling on Landholding

 Sets limits on the maximum land an individual or family can own.


 Excess land is vested in the government for redistribution.
g. Partition of Land

 Rules for the partition of joint holdings among co-owners.


 Ensures equitable distribution while protecting rights of minors and women.

h. Encroachments

 Penalties for unauthorized occupation of government or private land.


 Provision for removal of encroachments.

i. Appeal and Revision

 Mechanism for filing appeals against orders passed by revenue authorities.


 Revenue boards and appellate officers have powers to revise or review decisions.

3. Key Revenue Authorities under MPLRC

The code defines a hierarchy of officers responsible for land administration:

 Collector: Responsible for land revenue collection and dispute resolution.


 Tehsildar: Deals with land records, disputes, and tax collection at the tehsil level.
 Patwari: Maintains records of individual plots and ownership at the village level.
 Revenue Inspector: Supervises Patwaris and ensures compliance with revenue laws.

4. Amendments to MPLRC

The MPLRC has been amended periodically to address emerging issues like:

 Simplification of land transfer procedures.


 Protection of tribal and marginalized communities' land rights.
 Digitalization of land records.

5. Common Offenses and Penalties (Section 43 and Others)

The MPLRC outlines penalties for violations such as:

 Unauthorized possession of government land.


 Non-payment of land revenue.
 Falsification of land records.
 Encroachment on agricultural or forest land.

Penalties may include fines, eviction orders, or imprisonment, depending on the severity of the offense.

6. Relevance of MPLRC in Modern Times

 Digitalization: MPLRC supports initiatives like computerization of land records (e.g., MP Bhulekh).
 Protection of Tribal Lands: Safeguards the rights of Scheduled Tribes under provisions like the
Panchayats (Extension to Scheduled Areas) Act (PESA).
 Urbanization: Addresses challenges related to land use conversion for urban development.

The Madhya Pradesh Land Revenue Code, 1959 (MPLRC) is a comprehensive legislation that
consolidates and amends laws related to land revenue, tenancy, and land management in the state. It is
pivotal for land administration in Madhya Pradesh. Below are them

basic features of the MPLRC:

1. Unified Land Legislation

 The MPLRC consolidates various land-related laws into a single legal framework.
 It provides a uniform system of land revenue administration across Madhya Pradesh.

2. Land Tenure System

 Recognizes two types of landholders:


o Bhumiswami (Landowner): The absolute owner with full rights to use, transfer, or mortgage
land.
o Government Lessee: Holds land leased by the government with limited rights.
 Abolishes intermediaries (e.g., Zamindars) and ensures direct dealings between landowners and the
state.

3. Land Revenue Assessment and Collection

 All land is liable to land revenue unless explicitly exempted.


 Provisions for the assessment, collection, and revision of land revenue are outlined.
 Revenue is calculated based on the type of land, its use, and productivity.

4. Rights of Bhumiswami

 Bhumiswami has the right to:


o Transfer land through sale, gift, mortgage, or lease (subject to certain conditions).
o Partition land among legal heirs.
o Use land for agricultural or other authorized purposes.
 Protection against illegal eviction.

5. Protection of Tribal Lands

 Restricts the transfer of tribal land to non-tribals to prevent alienation of tribal lands.
 Provisions under PESA (Panchayats Extension to Scheduled Areas) are integrated to empower
tribal communities.
 Tribals have special protections for ownership, usage, and cultivation of land.

6. Ceiling on Landholding

 Imposes limits on the amount of land that individuals or families can own.
 Surplus land is taken by the state and redistributed to landless farmers or marginalized communities.

7. Land Use and Conversion

 Provisions for converting agricultural land into non-agricultural use (e.g., residential or industrial
purposes) with proper permissions.
 Ensures planned urbanization and prevents unauthorized land use changes.

8. Maintenance of Land Records

 Mandates the maintenance of accurate and updated land records, maps, and registers by Patwaris and
other revenue officials.
 Regular surveys and settlements to record land ownership and usage.

9. Tenancy Laws

 Regulates the relationship between landlords and tenants.


 Protects tenants from arbitrary eviction and ensures fair rent practices.
 Encourages agricultural productivity by giving security of tenure to tenants.

10. Partition of Land

 Defines procedures for the partition of joint holdings among co-owners.


 Ensures equitable distribution of land while safeguarding the rights of minors, women, and other
dependents.

11. Encroachment and Unauthorized Occupation

 Penalizes encroachment on government or private land.


 Specifies procedures for the removal of encroachments and imposition of fines.

12. Dispute Resolution

 Revenue officers like Tehsildars and Collectors are empowered to adjudicate land disputes.
 Appeals and revisions can be made to higher authorities, including the Revenue Board.
13. Appeal and Revision Mechanism

 The code provides a structured hierarchy for appeals and revisions:


o From the Patwari to the Tehsildar, Sub-Divisional Officer (SDO), and Collector.
o Final appeals can be made to the Revenue Board.

14. Penal Provisions

 Penalties for violations like non-payment of land revenue, falsification of records, and unauthorized
land use.
 Provisions for fines, eviction orders, and even imprisonment in severe cases.

15. Emphasis on Digitalization

 Supports initiatives like MP Bhulekh, a digital platform for maintaining and accessing land records
online.
 Facilitates transparency and efficiency in land management.

16. Protection of Women’s Land Rights

 Safeguards the rights of women in land inheritance and ownership.


 Allows women to hold and transfer land as per legal provisions.

17. Role of Revenue Authorities

 Defines the hierarchy and functions of revenue officers, such as:


o Patwari: Maintains village-level land records.
o Tehsildar: Supervises land administration in a tehsil.
o Collector: The highest revenue officer in a district.

18. Special Provisions for Scheduled Areas

 Ensures that tribal and marginalized communities in Scheduled Areas are protected.
 Prohibits the transfer of land from tribals to non-tribals without approval.

Conclusion

The MPLRC provides a robust framework for land management in Madhya Pradesh. By addressing land
tenure, tenancy, revenue collection, and record maintenance, it ensures a fair, efficient, and transparent
system for land governance. Its periodic amendments reflect evolving societal and economic needs,
safeguarding the interests of landowners, tenants, and marginalized groups alike.
The Madhya Pradesh Land Revenue Code, 1959 (MPLRC) is a comprehensive legislation organized into
several Chapters and Sections that address various aspects of land tenure, revenue collection, land records,
and dispute resolution. Below is an overview of the major sections and provisions under MPLRC:

Structure of MPLRC

1. Preliminary:
Sections 1-5
o Defines the short title, extent, and commencement of the Code.
o Provides definitions of key terms such as "Bhumiswami," "Revenue Officer," "Government
Land," etc.
2. Revenue Officers, Their Powers, and Duties:
Sections 6-34
o Defines the hierarchy of revenue officers, including Collector, Tehsildar, Revenue
Inspector, and Patwari.
o Specifies their roles, powers, and jurisdiction.
3. Land Records:
Sections 35-58
o Provisions for the maintenance of land records, field maps, and registers.
o Responsibilities of Patwaris and other officials in updating ownership and cultivation details.
4. Bhumiswami Rights:
Sections 59-67
o Outlines the rights and liabilities of Bhumiswamis (landowners).
o Includes provisions for transfer, mortgage, lease, and partition of land.
5. Land Revenue:
Sections 68-116
o Procedures for assessing and collecting land revenue.
o Exemptions from land revenue for specific categories.
o Recovery of arrears and penalties for non-payment.
6. Tenancy:
Sections 117-165
o Regulates the rights and duties of tenants.
o Protection from eviction and determination of fair rent.
o Provisions for sharecropping agreements and tenancy disputes.
7. Ceiling on Landholding:
Sections 166-195
o Fixes a ceiling on the amount of land that can be owned by individuals or families.
o Specifies procedures for identifying surplus land and its redistribution.
8. Survey, Settlement, and Boundaries:
Sections 196-220
o Deals with the survey of land, preparation of records, and settlement of revenue.
o Provisions for resolving boundary disputes between landowners.
9. Appeals, Revision, and Review:
Sections 221-249
o Mechanisms for filing appeals and revisions against decisions of revenue officers.
o Final appellate authority rests with the Board of Revenue.
10. Encroachments and Unlawful Occupation:
Sections 250-263

 Penalties for encroaching on government or private land.


 Eviction procedures and fines for unauthorized land use.

11. Miscellaneous Provisions:


Sections 264-277
 Includes provisions related to village common land, removal of encroachments, and emergency
powers of revenue officers.

Key Sections

Here are some important sections within the MPLRC:

 Section 57:
Declares that all land in the state belongs to the government unless rights are explicitly recognized by
law.
 Section 58:
Specifies the conditions under which private rights in land are recognized.
 Section 162:
Protects tenants from arbitrary eviction.
 Section 170-A to 170-D:
Protects tribal landowners by prohibiting the transfer of land from tribals to non-tribals.
 Section 248:
Deals with the removal of encroachments on government land and prescribes penalties.
 Section 250:
Empowers the Collector to take action for unlawful occupation of land.
 Section 257:
Provides guidelines for the confiscation of produce from encroached land.
 Section 267:
Outlines the procedure for revising orders passed by lower revenue authorities.

Special Provisions

 Scheduled Areas (Tribal Land Protection):


Specific provisions prevent the alienation of land owned by Scheduled Tribes.
 Ceiling and Redistribution:
Focuses on reducing disparities in landholding by redistributing surplus land to landless farmers.

Importance of MPLRC

The MPLRC’s structured chapters and sections streamline land governance in Madhya Pradesh, ensuring
clarity on ownership, rights, and revenue processes. It addresses issues of tenancy, land reforms, tribal
protections, and digitalization of land records. If you need the text of a specific section or more detailed
insights, let me know!
Key Sections of the Madhya Pradesh Land Revenue Code, 1959:

1. Section 1 - Short title, extent, and commencement: This section gives the title, extent, and commencement of the code.
2. Section 2 - Definitions: It provides definitions of terms used in the code, such as "land," "revenue," "owner," etc.
3. Section 3 - Application of the Code: Describes the applicability of the code to various areas and circumstances.
4. Section 4 - Powers of the Government: Specifies the powers of the state government in respect of land revenue matters.
5. Section 5 - Administration of the Code: Details the administrative responsibilities of officers under the code.
6. Section 6 - Settlement of land revenue: This section provides the procedure for the settlement of land revenue with the
landowners.
7. Section 7 - Assessment of land revenue: Outlines how land revenue is assessed and the factors that are considered in
determining the revenue to be paid.
8. Section 8 - Collection of revenue: Specifies the methods and procedures for the collection of land revenue from
landowners.
9. Section 9 - Maintenance of land records: Establishes the requirement for keeping land records for administrative
purposes.
10. Section 10 - Transfer of land: This section deals with the procedure for the transfer of land under the Land Revenue
Code.
11. Section 11 - Rights of tenants and occupancy tenants: Defines the rights of tenants and occupancy tenants with regard
to land revenue.
12. Section 12 - Arrears of land revenue: Outlines the procedure for the recovery of arrears of land revenue, including the
attachment and sale of land.
13. Section 13 - Default in payment of revenue: Specifies the actions to be taken when a landowner defaults in the payment
of revenue.
14. Section 14 - Procedure in case of disputed title: Deals with the resolution of disputes regarding land titles.
15. Section 15 - Land reforms and distribution of land: Details the policies and procedures related to land reforms and
redistribution.
16. Section 16 - Disputes and appeals: Describes the procedures for appeals and disputes regarding land revenue and land
rights.
17. Section 17 - Revenue Courts and their powers: Specifies the powers and jurisdiction of revenue courts.
18. Section 18 - Penalties: Outlines the penalties for offenses related to land revenue matters, such as evasion of taxes or
illegal land transfers.
19. Section 19 - Power to make rules: Grants the state government the power to make rules for the effective
implementation of the code.

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