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State of Uttar Pradesh - Section

Section 34 in U.P. Revenue Code Rules, 2016

34. Issue of Proclamation [Section 35(1)].

(1)In the following cases relating to transfer of any land, the Tahsildar shall issue a Proclamation in R.C. Form-12 before making an order of mutation:-
(a)On receipt of a report from the Revenue Inspector under section 33(2)(b).
(b)On receipt of an application under section 33(3), including the case where the succession is claimed on the basis of a will.
(c)On receipt of a report regarding transfer of land under section 34;
(d)On receipt of an intimation from the registering authority under section 36(1).
(e)On facts of succession or transfer otherwise coming to his knowledge.
Note: "The date fixed for hearing in the proclamation shall not be less than 30 days from the date of its issuance."
(2)Every such proclamation shall be announced by beat of drum in the village concerned, and its copies shall be pasted on the notice board of the Tahsil as well as of the Bhumi Prabandhak Samiti. The Tahsildar shall give written notice thereof to all persons who appear to him to be interested in the mutation, including co-tenure holders, if any.
(3)If the proclamation is based on transfer referred to in section 34, a copy of the same shall also be served on the transferor.
(4)Soon after issuing the proclamation, the Tahsildar shall also call a report from the Registrar Kanungo dealing with the mutation work. The Registrar Kanungo shall submit his report on the basis of the existing entries in the Khatauni and the mutation register and other particulars involved in the mutation including the nature and extent of the interest transferred and the details of the holdings.
(5)If after the expiry of the period specified in the proclamation, no objection is filed and after perusing the report of the Registrar Kanungo and other materials available on the record, the Tahsildar is satisfied that the claim regarding succession or transfer is in accordance with the provisions of the Code, he shall, subject to the provisions of sections 36(2) and 89(2), pass the order for mutation and direct that the record of rights to be amended accordingly.
(6)If the case of mutation is disputed, the Tahsildar shall decide the dispute on merits, after summary inquiry on the basis of material available on the record, after affording opportunity of hearing to the parties concerned, in accordance with the provisions of the law.
(7)The Tahsildar shall make an endeavor to decide 20 the undisputed case of mutation within the period of 45 days from the date of the registration of the case and the disputed case of mutation within the period of 90 days and if the proceeding is not concluded within such period the reason for the same shall be recorded.
(8)In all cases of mutation, the revenue officer passing the mutation order shall specify the precise entry which is to be made in the record of rights.