Land Laws

By
Garima Singh
Assistant Professor
M.P. Land Revenue Code,
1957
 CONTENTS

• Introduction
• Basic features of MPLRC
• Board of Revenue
• Land Survey
 Introduction
• The Madhya Pradesh Land Revenue Code,
1959.
Short Title

• Whole of Madhya Pradesh

Extent :

• Reserved or protected forest under the Indian

Non- Applicability of Forest Act, 1927 (XVI of 1927).
the Code:
 General Information
Assent of President- 15th September
1959

Enforcement Date- 2nd October 1959

Published in official gazette- 21st

September 1959
Divisions of Madhya Pradesh
 Preamble

Consolidate and Amend

Rights and Other

Laws of Powers of
liabilities of matters
Land the Revenue
holder of related to
Revenue. Officers
land land revenue.
Basic Features of MPLRC
State
ownership in
all Land
Liability of
Record of
Land holder to
Right
pay revenue

Only one
Preparation of
class of tenure
field map
holder

Government Creation of
Lessee Revenue Board
 Bhu-
Adhikaar
Pustika

Inherent
power of Nistar Patrak
revenue court
 State ownership in all Land

Section 57 is a declaratory provision which declares that all lands

belong to the State Government.

57. State ownership in all lands. — (1) All lands belong to the
State Government and it is hereby declared that all such lands,
including standing and flowing water, mines, quarries, minerals
and forests reserved or not, and all rights in the sub-soil of any
land are the property of the State Government.
By virtue of definition
of ‘land’ under Section
2(k) which means a
portion of earth surface
whether or not under
water.

It shall include all

things attached to or
permanently fast and to
anything attached to
earth.
Liability of Land holder to pay revenue
Section 58

• Liability of land to payment of land revenue: All land

to whatever purpose applied and wherever situated, is
liable to the payment of revenue to the State
Government.

Exemptions

• wholly or partially exempted from such liability

 Only one class of tenure holder

157. Class of tenure.- There

shall be only one class of
tenure- holders of land held
from the state to be known as
bhumiswami.
 Creation of Revenue Board
• Refer notes on topic- Board of Revenue
 Government Lessee
Section 2(h) defines
• a person holding land from State Government under Section
the word ‘Government 181.
Lessee’ as

• any person who holds land from State Government or to whom

right to occupy land is granted by State Government or
Section 181 Collector and who is not entitled to hold land as bhumiswami
shall be called a Government Lessee.

• declares some tenants to be government lessee who held a

Clause(2) capacity of tenant under various regional enactments at the
time of coming into force of the code.
 Preparation of field map
• Refer notes for Land Survey
 Record of Right
Section 108 provides that record of rights shall be prepared and
maintained for every village area and for each sector of every urban area
and shall include following:
• 1. Names of bhumiswamis with the survey/plot numbers held by them
along with purpose.
• 2. Names of Government Lessee and classes with survey numbers or
plot numbers along with purpose.
• 3. Names of all persons occupying the abadi of village/urban areas,
alongwith nature of their interest in land, plot numbers and purpose.
• 4. Nature and extent of rights assigned or granted to any person by
State Government.
Record of rights shall be prepared during
the Land Survey or whenever State
Government may, by notification directs.
 Bhu-Adhikaar Pustika
• A bhumiswami whose name is entered in the Khasra prepared under Section
114 must be provided by a Tahsildar with a Bhoo Adhikar Pustika in respect of
his all holdings in Village/Sector on payment of prescribed fees.

• Bhoo Adhikar Pustika shall consist of two parts bound as one book which shall
consist prescribed particulars.

• A Tahsildar may correct any errors in Bhoo Adhikar Pustika suo motu or on
application by a Bhumiswami.
 Nistar Patrak
Nistaar Patrak Sub-Divisional embodying a
Officer for scheme of
every village management of
all unoccupied

Meaning
Section 234

Prepared by
land in village
and all
incidental
matters and
particularly
matters under
Section 235.
 Nistar Patrak shall consist of following
matters:
b) Terms and
conditions on which
and the extent to
which any resident c) Instructions
a) Terms and d) Any other matter
regulating generally
conditions on which may optain – required to be
the grazing of cattle
grazing of cattle in • Wood, timber, fuel or recorded in Nistar
any other forest produce and removal of the
the village will be Patrak by or under
• Mooram, Kankar, sand, articles mentioned in
permitted; this code
earth, clay, stones or any para (b)
other minerals
Section 236 lays down that in preparation
of Nistar Patrak,
the Collector shall make provision for free grazing of cattle
used for agriculture; and

removal free of charge by residents of village for their

benefit consumption of forest produce and minor minerals.
Board of Revenue
(S.3-10)
Section • “Board” Board of Revenue
constituted under Section 3.
2(d)
• the Board of Revenue shall
consist of a President and two or
Section 3 more other members appointed
by the State Government.
 Existing Board

The Board of Revenue as

The President and members of
constituted and functioning for
the existing Board shall be the
the several regions of this State
first President and members
immediately before the coming
respectively of the Board of
into force of this Code, will be
Revenue for Madhya Pradesh.
referred as the Existing Board.
 Principal seat [S.4]
The principal seat of the
Board shall be at such place as
the State Government may, by
notified order , appoint.
According to the notification 5599-
2072 published by State Government
on 10th June, 1960 , Principal Bench
of Board of Revenue is at Gwalior
 Other Place of Sitting
According to the notification 3052-37-60
published by State Government on 18th
October, 1960:
• Rewa
• Indore
• Jabalpur
 NOTE

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.
 Conditions of service [S. 5]
Person must be eligible for appointment as a judge of the High
Court; (10 years Advocate, or 5 years judge in district Court)

Person must have been a Revenue Officer, and has held, for atleast
5 years, an office not lower in rank than that of a Collector

State Government may appoint any person to be a member of the

board, when any member, is by reason of absence or otherwise,
unable to perform the duties of his office.
Qualification of Judge of High Court
{Article 217}

been:
(b) He should have
(a) He should be a (i) a judge for 10 years
citizen of India. of
Subordinate court under
the Judicial Service of
the State or
(ii) an Advocate for 10
years in a High
Courts in India
Salaries and allowances[S.6]
• There shall be paid to the members of the
Board such salaries and allowances as
the State Government may determine .

• Those salaries and allowances shall be

charged on the consolidated fund of the
State.
 Jurisdiction of Board [S.7]
(1) The Board shall exercise the powers
and discharge the functions:
• Conferred upon it by or under this Code
• Conferred by or under any enactment
• Such functions as may be specified by
notification by the State Government
or Central Government in that behalf.
Powers of Superintendence of Board
[S.8]
Section 8

• Under its appellate or revisional

jurisdiction, The Board shall have
superintendence over all authorities in so
far as such authorities deal with such matters
and may call for returns.
Exercise of jurisdiction by single members
and benches {S.9}
The Board may make All the
rules for decisions given
• the exercise of powers by such bench
and functions of the in exercise of
Board, such powers or
• by benches constituted of functions shall
one or more members
thereof, be deemed to be
the decisions of
the Board.
Cases pending at commencement of Code
[S.10]

All appeals, applications for revision and

other proceedings pending before the existing
Board immediately before the coming into
force of this Code shall be heard and decided
by the Board.
 Shiv Agarwal Vs State of MP
2010, Shravan kumar Jain Vs
State of MP 2010
•hearing on merits should not be
refused by the board on technical
grounds.
 Land Survey
Meaning of Land Survey

Relevant Definition

Officers Appointed With Respect To Land

Survey

Powers and Duties of District Survey Officer

 Meaning of Land Survey
As per Section 61, the ‘land survey’ means:

A. all or any of the following activities:

• i. Division of land into survey numbers, recognising existing survey

numbers, re-constituting or forming new survey numbers in land used for
agricultural purposes and activities incidental thereto.
• ii. Division of land into plot numbers, recognition of existing plot
numbers, reconstitution or forming new plot numbers and grouping them
into blocks in land used for non-agricultural purposes and incidental
activities.
• iii. Grouping of survey numbers and blocks into villages in nonurban
areas and into sectors in urban areas and incidental activities.
B. Apart from division, it also means a preparation of field book
which describes area, current land use and other attributes of
each survey number, block numbers or plot numbers.
C. The preparation or
revision or correction of
field map is also included.
D. Land survey also means the preparation
of the record of rights in order to bring the
land records up-to-date in any local area.
E. Preparation of any other record as
may be prescribed is also included
in the meaning of land survey.
 Some relevant definitions
Section 2(v-1)

• ‘Sector’ as any tract of land in urban area formed into or recognised as sector under the
provisions of this code

Section 2(x)

• a ‘survey number’ means the number assigned to a portion of land formed into or
recognised as the survey number under this code and entered in the land records under an
indicative number known as khasra number.

Section 2(w)

• ‘sub division of a survey number’ means a portion of a survey number in respect of which
the area and the land revenue payable are separately entered in the land records under and
indicated number subordinate to that of the survey numbers of which it is a portion.
 Officers Appointed With Respect To Land
Survey
• State Government would appoint a
commissioner of land records along
with one or more additional
commissioner who shall discharge
Section 62 the functions in the accordance with
the directions given by commissioner.
and 63
62. Appointment of Commissioner Land Records- The
State Government may appoint a Commissioner Land
Records who shall, subject to the direction issued in
this regard by the State Government, manage the land
survey and the land records.

63.Appointment of Additional Commissioners Land

Records and their powers and duties-(1)The State
Government may appoint one or more Additional
Commissioner Land Records.
 Section 64
the commissioner would
Such land as notified will
commence a land survey in
remain under the survey till
a Tehsil by publication and
the subsequent notification
from date of publication, the
declaring the land survey to
land would be under the
be closed is issued.
survey.
 District Survey Officer, Deputy Survey
Officer and Assistant Survey Officer
Section 65, with respect to land survey,
• a Collector of a district shall be District Survey
Officer;
• a Sub-Divisional Officer of sub-division shall be
Deputy Survey Officer and
• Tahsildar, Additional Tahsildar or Naib Tahsildar
shall be Assistant Survey Officer within their
respective jurisdictions.
 All District Deputy Survey
Survey Officer Officer and Assistant Survey
shall be Assistant Survey Officer shall be
subordinate to Officer shall be subordinate to
the subordinate to the Deputy
Commissioner District Survey Survey Officer.
of Land Records Officer
66. Powers of District Survey Officer, Deputy
Survey Officer and Assistant Survey Officer
(1)In respect of lands under land survey the powers of the
Collector, the Sub-Divisional Officer or the Tahsildar under
this Code shall vest in the District Survey Officer, Deputy
Survey Officer or Assistant Survey Officer respectively.

(2) The State Government may invest any Deputy Survey

Officer or Assistant Survey Officer with all or any of the
powers of the District Survey Officer under this Code.
POWERS AND DUTIES OF DISTRICT
SURVEY OFFICER

1. Formation of survey
numbers, block numbers, plot
numbers and their grouping
into villages in non-urban areas
or into sectors in urban areas.
 The District Survey Officer
(Collector) may
b) Divide such c) Divide such
land into survey land into blocks d) Divide blocks
a) Take
numbers, numbers, in plot numbers,
measurements of e) Group survey
recognize existing recognize existing recognize existing
land to which numbers and
survey numbers, block numbers, plot numbers,
land survey blocks into
reconstitute reconstitute block reconstitute plot
extends and villages in non-
survey numbers numbers or form numbers or form
construct such urban areas and
or form new new block new plot numbers
number of survey into sectors in
survey numbers numbers in land in land used for
marks thereon as urban areas.
in land used for used for non- non-agricultural
may be necessary
agricultural agricultural purpose;
purposes; purposes;
 (2) The District Survey Officer is
empowered to re-number, sub-divide or
amalgamate survey numbers, block
numbers and plot numbers.
As per Section 69 the area and
It must be carried out in
assessment of survey numbers and
accordance with rules made under
plot numbers and their
this code. District survey officer
subdivisions and area of block
shall correct entries in all records
numbers shall be entered in land
prepared or maintained under this
records in such manner as may be
code. (Section 68)
prescribed.
 3. District Survey Officer has to
ascertain and determine the area 4. District Survey Officer may
to be reserved for the residents of also divide the area into
inhabitants or incidental purposes
after giving regards to rights in [Section 71(1)]
land. [Section 70].
• Such area shall be deemed to be • villages or constitute two or
the Abadi of village. more villages into one or may
• This has to be read with section alter the limits of village by
243 and section 2(a). including there in any area of
village in the vicinity thereof or
by excluding any area
comprised therein, in
accordance with the rules made
under this code.
• 5. District survey officer may divide • 6. District survey officer shall fix
a sector to constitute two or more assessment on each holding add
sectors or may unite two or more prescribed rates. (Section 72)
sectors and constitute one sector or
may alter the limits of a sector by
including their in any area of a sector
in the vicinity thereof or by
excluding any area comprised
therein, in accordance with the rules
made under this code. [Section 71(2)]
Section 73

• 7. District survey officer shall make assessment

on lands to which survey extends whether such
lands are liable to pay land revenue or not

Section 74

• 8. It is the duty of the district survey officer to

maintain maps and records of an area under land
survey.
 • After the closure of land survey, the Sub-Divisional Officer may correct any error
in the area or assessment of any survey number or plot number or block number
due to mistake of surveyor arithmetical miscalculation. However, no arrears of
Section 75 land revenue shall become payable by reason of such correction.

• If an area is not under land survey, then powers of district survey officer, deputy
survey officer or assistant survey officer shall be exercised by collector,
Section 76 subdivisional officer or Tahsildar respectively.

• The state government may make rules for carrying out land survey under this
chapter.
Section 77