[Cites 0, Cited by 5]

State of Uttar Pradesh - Act

U.P. Revenue Code, 2006

UTTAR PRADESH
India

U.P. Revenue Code, 2006

Act 8 of 2012

Published on 2 August 2019
Commenced on 2 August 2019
[This is the version of this document from 2 August 2019.]
[Note: The original publication document is not available and this content could not be verified.]

U.P. Revenue Code, 2006(U.P. Act No. 8 of 2012)Last Updated 15th November, 2019Statement Of Objects And Reasons - At present as many as 39 Acts relating to revenue law are enforced in the State of Uttar Pradesh. Out of these Acts. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and U.P. Land Revenue Act, 1901 arc the important Acts. Several enactments were enacted during the British regime. Most of the provisions of those have become obsolete. Some of the provisions of those enactments are inconsistent with each other. On account of different provisions in different enactments relating to revenue law. the revenue litigations have considerably increased. Consequently the revenue cases are pending for disposal for a very long period. Under these circumstances it has become necessary to consolidate with modifications of relevant provisions of all these enactments into single enactment. It has therefore, been decided to provide for consolidating and amending the laws relating to land-tenures and land revenue in the State and for matters connected therewith and incidental thereto. The U.P. Revenue Code Bill, 2006 has, therefore, been prepared to fulfil the above mentioned requirements.The Uttar Pradesh Revenue Code Bill. 2006, is introduced accordingly.Statement of Objects and Reasons - (U.P. Act 7 of 2019). - The Uttar Pradesh Revenue Code, 2006 has been enacted to consolidate, and amend the law relating to land tenures and land revenue in the State of Uttar Pradesh. It was decided to amend the said Act with a view to facilitating the availability of land for industrialisation and agricultural development in the State of Uttar Pradesh, to authorise a bhumidhar or an asami to lease out his/ her holding or any part thereof to any person, firm, company, partnership firm, limited liability partnership firm, trust, society or any other legal entity for agriculture or for setting up a solar energy plant and for making changes in the subjects related to inheritance of land holders in the whole of the State.In order to implement the aforesaid decision the Uttar Pradesh Revenue Code (Amendment) Bill, 2018 was introduced in, and passed by, the Uttar Pradesh State Legislature. The said Bill was reserved by the Governor for the consideration of the President and sent to the Government of India for obtaining the assent of the President thereon. The Government of India had suggested certain amendments in the Bill. After considering the suggestion of the Government of India it was decided that the said Bill should be withdrawn and in place thereof the Uttar Pradesh Revenue Code (Amendment) Bill, 2019 by incorporating the amendments suggested by the Government of India shall be introduced in the State Legislature.Since the State Legislature was not in session and immediate legislative action was necessary to implement the aforesaid decision the Uttar Pradesh Revenue Code (Amendment) Ordinance, 2019 (U.P. Ordinance 2 of 2019) was promulgated by the Governor on March 10, 2019.This Bill is introduced to replace the aforesaid Ordinance.(As passed by the Uttar Pradesh Legislature)Recorded the assent of the President on 29.11.2012 and published in the U.P. Gazette, Extraordinary, Part 1, Section (ka), dated 12.12.2012.In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of the Uttar Pradesh Rajaswa Samhita, 2006 (Uttar Pradesh Adhiniyam Sankhya 8 of 2012) as passed by the Uttar Pradesh Legislature and assented to by the President on November 29, 2012.An Act to consolidate and amend the law relating to land tenures and land revenue in the State of Uttar Pradesh, and to provide for matters connected therewith and incidental thereto.It is hereby enacted in the Fifty-seventh Year of the Republic of India as follows : -

Chapter I
Preliminary

1. Short title, extent and commencement.

(1)This Act may be called the Uttar Pradesh Revenue Code, 2006.

(2)It extends to the whole of Uttar Pradesh.

(3)It shall come into force on such date as the State Government may, by notification, appoint, and different dates may be appointed for different areas or for different provisions of this Code.

2. Applicability of the Code.

- The provisions of this Code, except Chapters VIII and IX shall apply to the whole of Uttar Pradesh, and Chapters VIII and IX shall apply to the areas to which any of the enactments specified at serial numbers 19 and 25 of the First Schedule was applicable on the date immediately preceding their repeal by this Code.

3. Extension of the Code to new areas.

(1)Where after the commencement of this Code, any area is added to the territory of Uttar Pradesh, the State Government may, by notification, extend the whole or any provision of this Code, to such area.

(2)Where any notification is issued under sub-section (1), the provisions of any Act, rule or regulation in force in the area referred to in the said sub-section, which are inconsistent with the provisions so applied, shall be deemed to have been repealed.

(3)The State Government may, by a subsequent notification, amend, modify or alter any notification issued under sub-section (1).

4. Definitions.

- In this Code, -

(1)"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;

(2)"agriculture" includes horticulture, animal husbandry, pisciculture flower farming, bee keeping and poultry farming;

(3)"agricultural labourer" means a person whose main source of livelihood is manual labour on agricultural land;

(4)"bank" shall have the meaning assigned to it in the Uttar Pradesh Regulation of Money Lending Act, 1976;

(5)"Bhumi Prabandhak Samiti" means a Bhumi Prabandhak Samiti constituted under Section 28-A of the U.P. Panchayat Raj Act, 1947;

(6)"Board" means the Board of Revenue constituted or deemed to be constituted under Section 7;

(7)"charitable institution" means any establishment, undertaking, organization or association formed for a charitable purpose, and includes a specific endowment;

(8)"Collector" means an officer appointed as such by the State Government under sub-section (1) of Section 12, and shall include, -

(a)an Additional Collector appointed by the State Government under sub-section (2) of the said section; and

(b)an Assistant Collector of the first class empowered by the State Government by notification to discharge all or any of the functions of a Collector under this Code;

(9)"Consolidated Gaon Fund" means the Consolidated Gaon Fund constituted under Section 69;

(10)"family", in relation to a tenure-holder, means himself or herself and his wife or her husband (as the case may be other than a judicially separated wife or husband), minor sons and minor daughters other than married daughters :Provided that where the question relates to the transfer of any land and the transferee is a minor, the expression 'family' shall include the parents of such minor;

(11)"grove land" means any specific part of land in a holding having trees (not including papaya, banana plants) planted thereon in such manner that they preclude, or when full grown will preclude, the land or any considerable portion thereof from being used primarily for any other purpose, and the trees on such land shall constitute a grove;

(12)"holding" means a parcel of lands held under one tenure or one lease, engagement or grant;

(13)"improvement", in relation to a holding, means any work which adds materially to the value of the holding which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it, and, subject to the foregoing provisions, includes -

(i)the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;

(ii)the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water;

(iii)the planting of trees and the reclaiming, clearing, enclosing, levelling or terracing of land;

(iv)the erection of buildings on, or in the vicinity of the holding elsewhere than in an abadi or urban area, required for the convenient or profitable use or occupation of the holding; and

(v)the renewal or reconstruction of any of the foregoing works, or alteration therein or additions thereto;

(14)"land", except in Chapters VII and VIII and Sections 80, 81 and Section 136, means land held or occupied for purposes connected with agriculture;

(15)"land holder" means the person to whom rent is or but for a contract, express or implied, would be payable;

(16)"Revenue Court" means all or any of the following authorities (that is to same) the Board and all members thereof, Commissioners, Additional Commissioners, Collectors, Additional Collectors, [Chief Revenue Officers, Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant Record Officers, Tahsildars, Tahsildars (Judicial) and Naib Tahsildars;] [Substituted 'Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant Record Officers, Tahsildar and Naib Tahsildar;' by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(17)[ "Revenue Officer" means the Commissioner, an Additional Commissioner, the Collector, an Additional Collector, the Chief Revenue Officer, the Sub-Divisional Officer, an Assistant Collector, the Settlement Officer, an Assistant Settlement Officer, the Record Officer, an Assistant Record Officer, the Tahsildar, the Tahsildar (Judicial), the Naib Tahsildar and the Revenue Inspector.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(18)"Sub Divisional Officer" means the Assistant Collector in charge of the Tahsil;

(19)"taungya plantation" means the system of afforestation in which the plantation of trees is, in the earlier stages, done simultaneously with the cultivation of agricultural crops which ceases, when trees so planted begin to form a canopy, rendering the cultivation of agricultural crops impossible;

(20)"village" means any local area whether compact or otherwise, recorded as a village in the revenue records of the district concerned, and includes an area which the State Government may, by general or special notification, declare to be a village.

(21)"village artisan" means a person whose main source of livelihood is manufacture or repair of traditional tools, implements and other articles or things used for agriculture of purposes ancillary thereto, and includes a carpenter, weaver, potter, black-smith, gold-smith, barber, washerman, cobbler or any other person who normally cams his livelihood by practising a craft either by his own labour or by labour of any member of his family in any village;

(22)words and expression ["Gaon Fund", "Gram Sabha" and "Gram Panchayat"] [Substituted 'Gaon Fund, and Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.]shall have the meanings assigned to them in the U.P. Panchayat Raj Act, 1947;

(23)[ 'agricultural year' means an year which begins from first day of July and ends on thirtieth day of June of a calendar year. It is also characterised as 'fasli year'; [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(24)'intermediary' with reference to any estate means a proprietor, under proprietor, sub-proprietor, thekedar, permanent lessee in Avadh and permanent tenure-holder of such estate or part thereof;

(25)'lease' in relation to mines and minerals shall include a sub-lease, a prospecting lease and an agreement to lease or sublet, and 'lessee' shall be constructed accordingly;

(26)'decree' shall have the meaning assigned to it in Section 2 of the Code of Civil Procedure, 1908 (Act No. V of 1908);

(27)'State Government' means the State Government of Uttar Pradesh;

(28)'Central Government' shall have the meaning assigned to it in Section 3 of the General Clauses Act, 1897 (Act No. X of 1897);

(29)'Minjumla number' means a shajra number denoting a component part of a field which has theoretically been partitioned but physically has not been partitioned.]

Chapter II
Revenue Divisions

5. Division of State into revenue areas.

- For the purposes of this Code, [the State shall be divided into revenue areas comprising of divisions which may consist of two or more districts, and each district may consist of two or more Tahsils and each Tahsil may consist of one or more parganas, and each pargana may consist of two or more villages.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

6. Constitution of revenue areas.

(1)The State Government may, by notification, specify -

(i)the districts which constitute a division;

(ii)the tahsils which constitute a district;

(iii)the villages which constitute a tahsil.

(2)The State Government may, by notification, alter the limits of any revenue area referred to in sub-section (1) by amalgamation, re-adjustment, division or in any other manner whatsoever, or abolish any such revenue area and may name and alter the name of any such revenue area, and in any case where any area is renamed, then all reference in any law or instrument or other document to the area under its original name shall be deemed to be references to the area as renamed unless expressly provided otherwise :Provided that before passing any order under this sub-section on any proposal to alter the limits of any revenue area, the State Government shall publish, in the prescribed manner, such proposals for inviting objections, and shall take into consideration any objections to such proposals.

(3)The Collector may, by an order, published in the prescribed manner, arrange the villages in a tahsil into Lekhpal circles and the Lekhpal circles into Revenue Inspector circles and specify also the headquarters of each Revenue Inspector within his Circle.

(4)The divisions, districts, tahsil, pargana, Revenue Inspector circles, Lekhpal circles and villages, as existing at the commencement of this Code shall, until altered under the preceding sub-sections, be deemed to be the revenue areas specified under this section.

Chapter III
Board And The Revenue Officers

7. 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 Board constituted under this section.[***] [Omitted '(2) The principal scat of business of the Board shall be at Lucknow and the judicial member may hold their Courts at Allahabad or Lucknow as the Chairman from time to time directs.' by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(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)as Judicial Member of the Board, [unless he has held an office not below the rank of a Collector]. [Substituted 'unless he has been a Revenue Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(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.

8. 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] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(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 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 authorize any member of the Board to exercise, perform and discharge cither generally or in respect of any particular locality or matter, all or any or the powers, functions and duties conferred or imposed on the Board.

9. Power to distribute business.

(1)Subject to such rules or orders as the Slate Government may make or issue, the Board may distribute its business amongst its member 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.

10. 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.

11. Commissioners and Additional Commissioners.

(1)The State Government shall appoint in each division a Commissioner, who shall, within his division, exercise the powers and discharge the duties conferred and imposed on a Commissioner by or under this code or any other law for the time [being in force, and shall exercise authority over all the revenue officers in his division.] [Substituted 'being in force.' by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(2)The State Government may appoint one or more Additional Commissioners in one or more Divisions.

(3)An Additional Commissioner shall exercise such powers and discharge such duties of Commissioner in such cases or classes of cases as the State Government or, in the absence of any direction from the State Government, the Commissioner of the division may direct.

(4)The provisions of this Code and every other law for the time being applicable to a Commissioner shall apply to the Additional 'Commissioner when exercising powers or discharging any duties under this section, as if he were the Commissioner of the Division.

(5)[ The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any Additional Commissioner, as Additional Commissioner (Judicial), and any such Additional Commissioner (Judicial) shall be allotted only judicial business. Such an Additional Commissioner (Judicial) shall exercise such powers and discharge such duties of Commissioner in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Commissioner of the Division, may direct.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

12. Collectors and Additional Collectors.

(1)The State Government shall appoint, in each district, a Collector who shall be in charge of the revenue administration thereof and shall exercise all the powers and discharge all the duties conferred and imposed on a Collector by or under this Code or any other law for the time being in force.

(2)The State Government may appoint one or more Additional Collectors in a district.

(3)An Additional Collector shall, subject to the direction and control of the Slate Government or of the Collector, exercise all powers and discharge all duties of Collector.

(4)The provisions of this Code and every other law for the time being applicable to the Collector shall apply to the Additional Collector when exercising powers or discharging any duties under this section as if he were the Collector of the district.

(5)[ The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any Additional Collector, as Additional Collector (Judicial) and any such Additional Collector (Judicial) shall be allotted only judicial business. Such an Additional Collector (Judicial) shall exercise such powers and discharge such duties of Collector in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector of the District, may direct.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

13. Sub-Divisional Officers and Additional Sub-Divisional Officers.

- [(1) The State Government may appoint in each district as many persons as it thinks fit to be Assistant Collectors of the first or second class.

(2)The State Government may place an Assistant Collector first class in-charge of one or more sub-divisions of a district, and such an officer shall be called the Assistant Collector first class in-charge of a sub-division or a Sub-Divisional Officer.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(3)The officers referred to in sub-section (1) or sub-section (2) shall exercise all the powers and discharge all the duties conferred and imposed upon them by or under this Code or any other law for time being in force, subject to the control of the Collector.

(4)The State Government may designate an [Assistant Collector first class] [Substituted 'Assistant Collector' by U.P. Act No. 4 of 2016, dated 11.3.2016.]appointed to a district to be an Additional Sub-Divisional Officer for one or more tahsils of the district.

(5)Subject to the provisions of this Code, the Additional Sub-Divisional Officer shall exercise such powers and discharge such duties of a Sub-Divisional Officer in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector may direct.

(6)[ The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any Assistant Collector first class, as Sub-Divisional Officer (Judicial) for one or more tahsils, and any such Sub-Divisional Officer (Judicial) shall be allotted only judicial business. Such a Sub-Divisional Officer (Judicial) shall exercise such powers and discharge such duties of a Sub-Divisional Officer in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector, may direct.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

14. Tahsildars and Tahsildars Judicial.

(1)The State Government may appoint in each district as many persons as it thinks fit to be Tahsildars and Tahsildar Judicial.

(2)Subject to the provisions of this Code, the Tahsildar and Tahsildar Judicial shall exercise such powers and discharge such duties as the State Government or the Board, and in the absence of any directions from the State Government or the Board, the Collector may direct.

15. Naib-Tahsildars.

- The State Government may appoint in each district as many persons as it thinks fit to be Naib-Tahsildar who shall exercise the power and perform the duties conferred or imposed on them by or under this Code or under any other law for the time being in force.

16. Revenue Inspectors and Lekhpals.

(1)The Collector may appoint in each tahsil one or more Revenue Inspector for the proper supervision, maintenance and correction of the village records, and for such other duties as the State Government may, from time to time, by general or special order specify.

(2)The Collector may appoint in each tahsil, as many Lekhpals for the preparation, maintenance and correction of the village records, and for such other duties as the State Government may from time to time by general or special order, specify.

17. Combination of Offices.

- It shall be lawful for the State Government or the authority competent to appoint, as the case may be, to appoint one and the same person, being otherwise competent according to law for any two or more of the offices, provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as it may deem expedient.

18. Recovery of money, papers and other Government property.

(1)The Collector may in cases in which there is claim outstanding on any revenue officer or on any person formerly employed as such in his district for public money or papers or other property of the State Government in his charge, by order, for reasons to be recorded, require the money, or the particular papers or property detained to be delivered either immediately to the bearer of the said order or to such person on such date and at such place as the order may specify.

(2)[ If the officer or other person aforesaid does not comply as directed, the Collector shall impose a penalty of two hundred and fifty rupees each day till the direction is complied with, so however, total amount of such penalty shall not exceed twenty-five thousand rupees:] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.][Provided that the officer or other person, as the case may be, shall be given a reasonable opportunity of hearing before any penalty is imposed on him.

(3)Imposition of penalty under sub-section (2) shall not bar the prosecution for any offence or recovery of money, papers and other government property under any law for the time being in force] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.].

19. Other power of Revenue Officers.

(1)When any power is exercisable or any duty is dischargeable by any officer or authority under this Code, such power or duty may be exercised or discharged by any superior officer or authority as well.

(2)The Revenue Officers appointed under this Code shall, subject to the control of the State Government, exercise such other powers and discharge such other duties as the State Government may, by any general or special order direct.

Chapter IV
Boundaries And Boundary Marks

20. Fixation and demarcation of boundaries.

(1)Boundaries of all villages in the State and of all survey numbers in a village shall be fixed and demarcated by boundary marks.

(2)The boundary marks shall, subject to the provisions hereinafter contained in this Chapter be of such specifications and shall be constructed and maintained in such manner as may be prescribed.

21. Obligation regarding maintenance and repair of boundary marks.

(1)Every tenure-holder shall be responsible to maintain and repair at his cost the boundary marks lawfully erected in his holding or on the boundary thereof.

(2)The [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] shall be responsible to maintain and repair as its cost the boundary marks, other than those mentioned in sub-section (1), lawfully erected in the villages situate within its jurisdiction.

22. Destruction etc. of boundary marks.

(1)If any boundary mark lawfully erected in a Lekhpal circle is destroyed, removed or damaged, then the concerned Lekhpal shall be bound promptly to report the matter to the Naib-Tahsildar.

(2)The Naib-Tahsildar shall make an inquiry in respect of such report and shall submit its recommendation to the Sub-Divisional Officer.

23. Power to require erection, repair or renewal of boundary marks.

(1)The Sub-Divisional Officer may, on receipt of the recommendations of the Naib-Tahsildar under Section 22, or otherwise, require a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] in relation to a village and tenure-holder in relation to his holding, to erect or restore proper boundary marks or to repair or replace the same in such manner as may be prescribed.

(2)Where the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or a tenure-holder fails to erect, restore, repair or replace the boundary marks as required under sub-section (1), the Sub-Divisional Officer may cause such boundary marks to be erected, restored, repaired or replaced as the case may be, and recover the cost thereof from such [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or the tenure holder in the manner prescribed.

24. Disputes regarding boundaries.

(1)The Sub-Divisional Officer may, on his own motion or on an application made in this behalf by a person interested decide, by summary inquiry, any dispute regarding boundaries on the basis of existing survey map or, where the same is not possible in accordance with the provisions of the Uttar Pradesh Consolidation of Holding Act, 1953, on the basis of such map.

(2)If in the course of an inquiry into a dispute under sub- section (1), the Sub-Divisional Officer is unable to satisfy himself as to which party is in possession or if it is shown that possession has been obtained by wrongful dispossession of the lawful occupant, the Sub-Divisional Officer shall -

(a)in the first case, ascertain by summary inquiry who is the person best entitled to the property, and shall put such person in possession;

(b)in the second case, put the person so dispossessed in possession, and for that purpose use or cause to be used such force as may be necessary and shall then fix the boundary accordingly.

(3)Every proceeding under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within [three months] [Substituted 'six months' by U.P. Act No. 4 of 2016, dated 11.3.2016.] from the date of the application.

(4)Any person aggrieved by the order of the Sub-Divisional Officer may prefer an appeal before the Commissioner within 30 days of the such order. [The order of the Commissioner shall, subject to the provisions of Section 210, be final] [Substituted 'The order of the Commissioner shall be final' by U.P. Act No. 7 of 2019, dated 2.8.2019.].

25. Rights of way and other easements.

- In the event of any dispute arising as to the route by which a tenure-holder or an agricultural labourer shall have access to his land or to the waste or pasture land of the village (other than by the public roads, paths or common land) or as to the source from or course by which he may avail himself of irrigational facilities, the Tahsildar may, after such local inquiry as may be considered necessary, decide the matter with reference to the prevailing custom and with due regard to the convenience of all the parties concerned. He may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force at may be necessary and may recover that cost of such removal from the person concerned in the manner prescribed.

26. Removal of obstacle.

- If the Tehsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed.

27. Revisional powers of Sub-Divisional Officer.

- The Sub-Divisional Officer may call for the record of any case decided by the Tahsildar under Section 25 or 26, for the purpose of satisfying himself as to the legality or propriety of such decisions, and may, after affording opportunity of hearing to the parties concerned, pass such orders as he thinks fit:[Provided that no application under this section shall be entertained after the expiry of a period of thirty days from the date of the order sought to be revised.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

28. Order not to debar from establishing any right of easement.

- No order made under this Chapter shall debar any person from establishing such right of easement or customary right as he may claim by a civil suit.

Chapter V
Maintenance Of Village Records

29. List of villages.

(1)The Collector shall prepare and maintain a register, in the form prescribed, containing list of all villages in his district and shall show therein -

(a)the areas which are liable to fluvial action;

(b)the areas which have precarious cultivation; and

(c)such other particulars as may be prescribed.

(2)The register shall be revised every five years or at such longer intervals as may be prescribed.

30. Maintenance of Map and Field Book.

- [(1)] [Renumbered by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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).

(2)[ The minjumla number shall be divided physically in the manner prescribed and revenue records including map and khasra shall be corrected accordingly.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

31. Record of Rights.

- [(1)] [Renumbered by by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 including shares] [Substituted 'respective interests' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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, Central Government, Gram Panchayat] [Substituted 'State Government, Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or a local authority.(e)such other particulars as may be prescribed.

(2)[ Shares of the co-tenureholders shall be determined in the manner prescribed.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

32. 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 error proved to have been made in the records previously prepared:[Provided that order for correction in map shall be passed by the Collector.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(2)No application for correction of error under sub-section (1) where is claim is based solely on possession as well as involving intricate question of title shall be maintainable.

33. 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)[] [Renumbered by U.P. Act No. 4 of 2016, dated 11.3.2016.] Any person whose name has not been recorded by Revenue Inspector or is aggrieved by the order passed by the Revenue Inspector [under clause (a) or (b) of sub-section (2)] [Substituted 'under clause (a) or (b)' by U.P. Act No. 4 of 2016, dated 11.3.2016.] may move an application before Tahsildar.

(4)[] [Renumbered by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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.

34. Duty to report in cases of transfer.

- [(1)] [Renumbered by U.P. Act No. 4 of 2016, dated 11.3.2016.] Every person obtaining possession of any land by transfer, other than 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 as situate.Explanation. - (1) For the purposes of this section, the word transfer includes a family settlement [***] [Omitted 'or an exchange of holding or parts thereof' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

(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.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

35. 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 and -

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

[***] [Omitted 'clause (b)' by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(c)[ if the case is disputed, he shall decide the dispute and direct, if necessary, the record of rights (khatauni) to be amended accordingly.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(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.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

36. 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 Indian 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.

37. Bar against certain suits.

- No suit or other proceeding shall lie in any revenue Court at the instance of any person obtaining possession of any land by succession or transfer, until he has made a report under Section 33 or Section 34, as the case may be.

38. Correction of errors and omission.

(1)An application for correction of any error or omission in the map, field-book (Khasra) or record of rights (Khatauni) shall be made to the Tahsildar in the manner prescribed.

(2)[ On receiving an application under sub-section (1) or on any error or omission otherwise coming to his knowledge, the Tahsildar shall make such inquiry as may appear to him to be necessary, and refer the case along with his report to the Collector in the case of map correction and to the Sub-Divisional Officer in matter of other correction.

(3)The case shall be decided by the Collector or the Sub-Divisional Officer, as the case may be, after considering any objection filed and evidence produced before him or before the Tahsildar.

(4)Any person aggrieved by an order of the Collector or the Sub-Divisional Officer, as the case may be, under sub-section (3), may prefer an appeal to the Commissioner within a period of thirty days from the date of such order, and [The decision of the Commissioner shall, subject to the provisions of Section 210, be final.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]]

(5)[ Any forged or manipulated entry in the map, the khasra or the record of rights (khatauni) may be expunged under this section.

(6)Notwithstanding anything contained in other provisions of this Code, the Revenue Inspector may correct any undisputed error or omission in the record of rights (khatauni) or khasra in such manner and after making such inquiry, as may be prescribed.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]Explanation. - The power to correct any error or omission under this section shall not be construed to include the power to decide a dispute involving question of title.

39. Certain orders of revenue officers not to debar a suit.

- No order passed by a Revenue Inspector under Section 33, or by a Tahsildar under sub-section (1) of Section 35 or by a Sub-Divisional Officer under sub-section (3) of Section 38 or by a Commissioner under [sub-section (4) of Section 38] [Substituted 'sub-section (2) of Section 35 or sub-section (4) of Section 38' by U.P. Act No. 4 of 2016, dated 11.3.2016.] shall debar any person from establishing his rights to the land by means of a suit under Section 144.

40. Presumption as to entries.

- All entries [in the record of right (Khatauni)] [Substituted 'in the village map field book (Khasra) and record of right (Khatauni)' by U.P. Act No. 4 of 2016, dated 11.3.2016.] prepared in accordance with the provisions of this Code shall be presumed to be true, until the contrary is proved.

41. 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-holders, a Kisan Bahi containing such particulars as may be prescribed.

(2)The Kisan Bahi shall be a consolidation 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 perso-n 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 holding recorded in the Kisan Bahi, it shall endorse the details of the loan so advanced in the Kisan Bahi. [***] [Omitted 'Only the original Kisan Bahi and not a duplicate shall be produced by a tenure-holder to such institution for the purpose' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

(7)The tenu-*re-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 extend to three years and shall, also be liable to fine.

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

42. Duty to produce information or documents.

- Every person whose rights, interests or obligations are required to be or have been entered in any record or register maintained under his Chapter shall be bound, on the requisition of any Revenue Officer engaged in compiling or revising such record or register, to furnish or produce for his inspection, within such time as may be specified, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.

Chapter VI
Revision Of Village Records

43. Notification of record and survey operations.

(1)Whenever the State Government is of opinion that in any district or other local area, a revision of records or a re-survey, or both is necessary, it shall publish a notification to that effect, and thereupon such district or area shall be deemed to be under record operation or survey operation or both, as the case may be.

(2)[ The State Government may, by notification in the Gazette, order that a survey operation or a record operation of abadi or village abadi or both shall be made in the manner prescribed.

(3)The State Government may, by a subsequent notification, amend or cancel the notification issued under sub-section (1) or sub-section (2), or declare the operation to be closed.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

44. Record Officer and Assistant Record Officer.

(1)The State Government may appoint a Record Officer who shall be incharge of the record operation or the survey operation or both and may also appoint as many Assistant Record Officers as it may deem fit.

(2)The Assistant Record Officer shall, for so long as the notification under [sub-section (1) or sub-section (2) of Section 43] [Substituted 'sub-section (1) of Section 43' by U.P. Act No. 4 of 2016, dated 11.3.2016.] is in force, exercise the powers conferred on him by this Code and shall discharge such other duties as may be entrusted to him by the Record Officer.

45. Power of Record Officer during record or survey operation.

- Where any district or other local area is under record or survey operation, the powers conferred by Sections 23 to 26 shall be exercised by the Record Officer.

46. Revision of records during record operation.

- When any district or other local area is under record operation, the Record Officer shall cause to be revised, for each village comprised therein, the field book (Khasra) and [the record of rights (khatauni) or the record of abadi or village abadi] [Substituted 'the record of rights (Khatauni)' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

47. Revision of records during survey operation.

- When any district or other local area is under survey operation, the Record Officer shall cause to be prepared for each village comprised therein, a map, and thereafter, proceed to revise [the field book (Khasra) and the record of rights (Khatauni) or the record of abadi or village abadi, as the case may be.] [Substituted 'the field book (khasra) and the record of rights (khatauni)' by U.P. Act No. 4 of 2016, dated 11.3.2016.]

48. Powers of Record Officer as to erection of boundary marks.

- When any local area is under survey operation the Record Officer may issue a proclamation directing all [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] and Bhumidhars to erect, within fifteen days such boundary marks, as he may think necessary to defined the limits of the village and fields and in default, he may cause such boundary marks to be erected, and the Collector shall recover the cost of their erection from the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.]s or Bhumidhars concerned.

49. 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 orders 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 the State Government or a local authority, he shall cause the person in unauthorised 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] [Substituted 'may prefer an appeal to the Record Officer in the manner prescribed' by U.P. Act No. 4 of 2016, dated 11.3.2016.] and every order of the Record Officer on such appeal shall, subject to the provisions of Section 210, be final.

50. 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.

51. 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 Section 50 and the records so prepared shall be maintained by the Collector in place of the records previously existing.

52. Procedure for villages where no records are available.

- [(1)] [Renumbered by U.P. Act No. 4 of 2016, dated 11.3.2016.] The provision 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.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

53. 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.

Chapter VII
Ownership Of Land And Other Properties

54. Title of State in all lands etc.

- All public roads, lanes and paths, bridges, ditches, dykes and fences on or besides 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 in so far 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:Provided 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.

55. Mines and minerals.

(1)Notwithstanding anything contained in this Code, the right to operate or work in any mine or to extract any mineral there from shall be governed by the Mines and Minerals (Development and Regulation) 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, subject to the terms and conditions of the lease aforesaid, continue to retain possession thereof on payment of such rent as was if force on the date of such commencement.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

56. 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.

(3)All trees in abadi or in any unoccupied land belonging to or held by any person immediately before the date of commencement of the Code shall continue to belong to such person and be held subject to any other law for the time being in force and to any rules under this Code.

(4)Subject to the provisions of Section 57, all trees, brushwood, jungle or other natural product, wherever growing or planted, other than the trees referred to in sub-sections (1) to (3) shall, with effect from the date of commencement of this Code be deemed to be the property of the State Government.Explanation. - For the purposes of this section, and Section 59, the expression 'unoccupied land' means the land in a village other than the land held by tenure-holders.

57. 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 an 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 representatives 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 authorized 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 to the corpus of such tree or in the land on which it stands.

58. Disputes to be decided by Collector.

(1)Where any dispute arises in respect of any property referred in Section 54 or Section 56 or Section 57 or in respect of any right to such property, such dispute shall be decided by the Collector.

(2)Any person aggrieved by any order passed under sub-section (1) may file an appeal before the Commissioner within [thirty days] [Substituted '2 month' by U.P. Act No. 4 of 2016, dated 11.3.2016.] from the date of order.

Chapter VIII
Management of Land and other Properties by [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] Or Other Local Authority

59. Entrustment of land etc. to [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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, bazars, meals, tanks, ponds, water-channels, private ferries, pathways and abadi sites;

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

(3)Every land or other thing -

(a)vested in a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or any other local authority under any of the enactments repealed by this Code;

(c)otherwise coming into possession of a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority, either before or after the commencement of this Code;

shall be deemed to be entrusted to such [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or local authority on such terms and condition 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 thing specified in sub-section (2) has been entrusted or deemed to have been entrusted to a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], and the village or any part thereof in which such things are situated lies outside the circle of the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], such [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], the provisions of this Chapter shall mutatis mutandis apply to such local authority.

60. 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], with the superintendence, preservation, management and control of all land and other things entrusted or deemed to be entrusted to that [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] under Section 59 or over which such [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 forest and trees;

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

(d)the management of hats, bazars 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.]; and

(i)such other matters as may be prescribed.

61. Management of village tanks.

- Where a tank in any village is entrusted or deemed to be entrusted to any [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] under Section 59, then, notwithstanding anything contained in any contract or grant or any law for the time being in force, its management by such [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 measures 0.5 acre, 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 perennially with water.

62. 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 Cram Sabha.

(2)No suit or other proceedings to which any [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] is a party shall be compromised or withdrawn on behalf of such [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], 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.

63. 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] under clause (i) of sub-section (2) of Section 59;

(b)all lands coming into possession of [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] under any other provision 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)] [Substituted 'any land referred to in sub-section (1)' by U.P. Act No. 4 of 2016, dated 11.3.2016.]

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

(c)[ 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).] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

64. Allotment of abadi sites.

(1)The following order of preference shall be observed in making allotment of land referred to Section 63 :-

(a)an agricultural labourer or a village artisan residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] and belonging to a scheduled caste or scheduled tribe or other Backward Classes or a person of general category living below poverty line as determined by the State Government.

(b)any other agricultural labourer or a village artisan residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

(c)any other person residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] and belonging to a scheduled caste or scheduled tribe or other Backward Classes or a person of general category living below poverty line as determined by the State Government:

Provided that preference will be given to widow and physically handicapped person within same category.Explanation. - For the purposes of this sub-section -

(1)"other backward class" means the backward class of citizens specified scheduled-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);

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

(2)In making an allotment under this section, preference shall be given to a person who either holds no house or has insufficient accommodation considering the requirement of his family.

(3)Every land allotted under this section shall be held by the allottee 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.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

65. Delivery of possession to allottee.

(1)Where any land referred in Section 63 has been allotted for building a house under Section 64, and any person other than an allottee is in occupation of such land in contravention of the provisions of this Code, the Sub-Divisional Officer may, of his own motion and shall, on the application of the allottee, put the allottee in possession of such land, and may, for that purpose, use or cause to be used such force as he may consider necessary.

(2)Where any person, after being evicted under this section, reoccupies the land or any part thereof, without lawful authority, he shall be punished with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousands rupees :Provided that the Court convicting the accused may, while passing the sentence, direct that the whole or such portion of the fine that may be recovered as the Court considers proper be paid to the allottee as damages for use and occupation.

(3)Where in any proceeding under sub-section (2), the Court, at any stage after cognizance of the case has been taken, is satisfied by affidavit or otherwise that -

(a)the accused is in occupation of the land to which such proceeding relates, in contravention of the provisions of this Code, and

(b)the allottee is entitled to the possession of such land, the Court may, summarily, evict the accused from such land pending the final determination of the case, and may put the allottee in possession of such land.

(4)Where in any proceeding under sub-section (2), the accused is convicted, the interim order passed under sub-section (3) shall be confirmed by the Court.

(5)Where, in any proceeding under sub-section (2), the accused is acquitted or discharged and the Court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land, the Court shall, on the application of such person, direct that delivery of possession be made to him.

(6)Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence under sub-section (2) may be tried summarily.

(7)For the purpose of speedy trial or offences under this section, the State Government, may in consultation with the High Court, by notification constitute special Courts each consisting of an officer not below the rank of Sub-Divisonal Magistrate, who shall, subject to the provisions of the Code of Criminal Procedure, 1973, exercise, in relation to such offence, the powers of a Judicial Magistrate of the First Class.

(8)Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under sub-section (2) shall be cognizable and non-bailable.

66. Inquiry into irregular allotment of abadi sites.

(1)The Collector may, of his own motion and shall, on the application of any person aggrieved by an allotment of land made under Section 64, inquire in the manner prescribed of such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment, and thereupon, the right, title and interest of the allottee and of every other person claiming through him in the land allotted shall cease.

(2)No application under sub-section (1) shall be entertained, if it is made after the expiration of a period of three years from the date of allotment.

(3)[ Every order of the Collector made under this section shall, subject to the provisions of Section 210, be final.] [Substituted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

67. Power to prevent damages, misappropriation and wrongful occupation of [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] properties.

(1)Where any property entrusted or deemed to be entrusted under the provisions of this Code to a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority is damaged or misappropriated, or where any [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(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] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] may allow in this behalf, or if the cause shown is found to be insufficient, the [Assistant Collector] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 provisions of this Code, and subject to the provisions of this section every order of the Sub-Divisional Officer 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 building standing thereon.

67A. [ Certain house sites to be settled with existing owners thereof. [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(1)If any person referred to in sub-section (1) of Section 64 has built a house on any land referred to in Section 63 of this Code, not being land reserved for any public purpose, and such house exists on the November 29, 2012, the site of such house shall be held by the owner of the house on such terms and conditions as may be prescribed.

(2)Where any person referred to in sub-section (1) of Section 64, has built a house on any land held by a tenure holder (not being a government lessee) and such house exists on November 29, 2000, the site of such house, notwithstanding anything contained in this Code, be deemed to be settled with the owner of such house by the tenure holder on such terms and conditions as may be prescribed.Explanation. - For the purpose of sub-section (2), a house existing on November 29, 2000, on any land held by a tenure holder, shall, unless the contrary is proved, be presumed to have been built by the occupant thereof and where the occupants are members of one family by the head of that family.]

68. Gaon Fund.

(1)All sums received under this Code by a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], 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 Consolidation 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.

(3)The [Gaon Fund] [Substituted 'Gram Fund' by U.P. Act No. 4 of 2016, 11.3.2016.] shall be operated in such manner and shall be applied for such purposes as may be prescribed.

69. Consolidated Gaon Fund.

(1)There shall be established for each district, a Consolidated Gaon Fund to which the following amounts shall be credited, namely : -

(a)the amount referred to in the proviso to sub-section (1) of Section 68;

(b)all contributions received by the Collector under sub-section (2);

(c)such other amounts as may be prescribed.

(2)Every [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] in a district shall pay to the Collector annually such percentage, not exceeding twenty' five, as the State Government may from time to time notify, of the total amount credited to the Gaon Fund under Section 67, in the manner prescribed.

(3)The Consolidated Gaon Fund shall be operated by the Collector and may be applied for the following purposes, namely : -

(a)the payment of fees and allowances, if any, of the lawyers appointed under Section 72;

(b)the payment of expenses incurred in connection with the conduct and prosecution of suits, applications or other proceedings by or against the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or the Bhumi Prabandhak Samiti under this Code;

(c)[ The payment of expenses incurred on protection, preservation and development of lands of common utility; and] [Substituted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

(d)the payment of any other sum which the State Government may, by general or special order, declare to be an appropriate charge on such fund.

(4)The Consolidated Gaon Funds constituted under any of the enactments repealed by this Code and subsisting immediately before its commencement shall be deemed to have been constituted under this section.

(5)[ The State Government may, by notification in the Gazette, direct that a Consolidated Gaon Fund shall be established also for each tahsil for the purpose and in the manner prescribed.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

70. Orders and direction of the State Government and the Collector.

(1)The State Government and, subject to its control, the Collector may issue such orders or directions to the Bhumi Prabandhak Samiti as may appear to be necessary for purposes of this Code.

(2)It shall be the duty of the Bhumi Prabandhak Samiti and its office bearers to forthwith carry out the orders and comply with the directions issued under sub-section (1).

71. Alternative arrangement.

- If at any time the Collector is satisfied that -

(a)the Bhumi Prabandhak Samiti has failed without reasonable cause or excuse to discharge its duties or to perform the function imposed or assigned to it by or under this Code; or

(b)circumstances have so arisen that the Bhumi Prabandhak Samiti is or may be rendered unable to discharge the duties or perform the functions imposed or assigned by or under this Code; or

(c)it is otherwise expedient or necessary to do so; he may, direct that the duties, powers and functions of such Bhumui Prabandhak Samiti under this Code, shall, notwithstanding anything contained in any other law for the time being in force, be discharged, exercised and performed by an officer not below the rank of a Naib-Tahsildar and for such period and subject to such restrictions as may be specified:

[Provided that reasonable opportunity of hearing shall be given to the Bhumi Prabandhak Samiti before issuing any direction under this section.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

72. 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)] [Substituted 'one Standing Counsel (Revenue)' by U.P. Act No. 4 of 2016, dated 11.3.2016.] each at Allahabad High Court and Lucknow Bench thereof;

(b)[one or more Standing Counsel (Revenue)] [Substituted 'one Standing Counsel (Revenue)' by U.P. Act No. 4 of 2016, dated 11.3.2016.] each for Board of Revenue Allahabad and Lucknow;

(c)[ one or more Divisional Government Counsel (Revenue) for the divisional headquarters who shall also look after the work related to Circuit Courts of the Board, (wherever Circuit Courts exist at Division level) and] [Substituted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

(d)[one District Government Counsel (Revenue) and one or more Additional District Government Counsel (Revenue) for the district headquarters] [Substituted 'one District Government Counsel (Revenue) for the district headquarters' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

(2)The Collector may, on such terms and conditions and in such manner as may be prescribed, appoint not more than two Penal 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 Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], 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] [Substituted 'Gram Sabha, Panchayat or Bhumi Prabandhak Samiti' by U.P. Act No. 4 of 2016, dated 11.3.2016.], 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 Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], 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 difection, for monitoring of cases filed by or against Gram Panchayat, Gram Sabha or Bhumi Prabandhak Samiti and for 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.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

73. Representation of [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

(1)In any suit or other proceedings under this Code, the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] shall be represented -

(a)in proceeding before the Collector or in a civil Court, by the District Government Counsel (Revenue);

(b)in proceeding before the Commissioner, by the Divisional Government Counsel (Revenue); and

(c)in proceeding before the Board or the High Court, by the separate Standing Counsels (Revenue) of Lucknow or Allahabad, as the case may be.

(2)Nothing in this Chapter shall preclude the State Government or the Collector from appointing special Counsel for the conduct of any suit or proceeding to which any [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] is party on such terms and conditions as may be prescribed.

Chapter IX
Tenures

74. Classes of tenures.

- 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.

75. 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.

76. Bhumidhar with non-transferable rights.

- 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 Prabandhan 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 Uttara Pradesh Bhoodan Yojna Act, 1952; [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.](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: [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]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 not exceed 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] [Substituted 'ten years' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 sub-sections (1) and (2) or becomes Bhumidhar with non-transferable rights after such commencement shall become Bhumidhar with transferable rights after expiry of ten years from his becoming Bhumidhar with non-transferable rights.

(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)], [Substituted 'under sub-section (1) or sub-section (2) or sub-section (3)' by U.P. Act No. 4 of 2016, dated 11.3.2016.] he shall not be eligible for lease of any land vested in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or the State Government or the surplus land defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.

77. Bhumidhar rights not to accrue in certain lands.

- [(1)] [Renumbered by U.P. Act No. 4 of 2016, dated 11.3.2016.] Notwithstanding anything contained in this Code or any other law for the time being in force; no person shall acquire the rights of a bhumidhar in the following land : -(a)Khaliyan, manure pits, pasture land or land normally used as burial or cremation ground;(b)land covered by water and used for the purpose of growing singhara or other produce;(c)land situate in the bed of a river and used for casual or occasional cultivation;(d)such tracts of shifting or unstable cultivation which the State Government may by notification specify;(e)land declared by the State Government to be intended or set apart for taungya plantation and notified as such;(f)grove land entrusted or deemed to be entrusted to a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or any other local authority under Section 59;(g)land included in sullage farm or trenching ground entrusted or deemed to be entrusted to a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or any other local authority under Section 59;(h)had acquired or held for a public purpose or a work of public utility;(i)land covered by a pond, tank or lake, or forming part of an embankment, bandh or bhita; and(j)any other land which the State Government may, by notification, specify in this behalf;Explanation. - The expression 'public purpose', in clause (h) shall include :-(i)land set apart for military camping ground;(ii)land included within railway or canal boundaries;(iii)land acquired and held by a local authority for its own purposes;(iv)land referred to in Section 29-C of the Uttar Pradesh Consolidation of Holdings Act, 1953; or(v)land reserved by a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] for the purposes of public utility :[***] [Omitted 'Provided that the land use of public utility land except the land of pond, grave-yard, cremation ground, Idgah land covered by forest, religious places or site of Holi, can be changed by the State Government for public interest in the manner as may be prescribed.' by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(2)[ Notwithstanding anything to the contrary contained in other provisions of this Code, where, any land or part thereof specified in sub-section (1) of this section is, surrounded by or, in between, the plot or plots of land purchased, acquired or resumed for public purpose, the State Government may, change the class of such public utility land, and if the class of such public utility land is changed, any other land equivalent or more than that of public utility land aforesaid, shall be reserved for the same purpose [in the same or any nearby Gram Panchayat] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority, as the case may be or State Government may permit the exchange thereof under Section 101 of this Code, in the manner prescribed:Provided that the class of any public utility land may be changed only in exceptional cases on such terms and conditions, as may be prescribed. The reason for changing the class of public utility land shall be recorded in writing.

(3)The State Government, while changing the class of the land or permitting the exchange of the same under Section 101 of the Code, shall consider the location, public utility and suitability of the land proposed to be reserved or exchanged.

(4)If class of land is changed under sub-section (2) of this section, the Collector shall order the record of rights (Khatauni) and the map to be corrected accordingly.Explanation. - The expression 'public purpose', in sub-section (2) of this section means, mutatis mutandis, 'the public purpose' as defined in clause (za) of Section 3 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013).]

78. Asami.

- Every person belonging to any of the following classes, shall be called an asami, and shall have all the right and be subject to all the liabilities conferred or imposed upon such asami by or under this Code, namely : -

(a)[ subject to the provisions of clause (dd) of sub-section (1) of Section 76 of this Code, every person who was an asami immediately before the date of commencement of this Code;] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(b)every person who is admitted as an asami 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 admitted as lessee on or after the said date, by a bhumidhar of any land under or in accordance with the provisions of this Code;

(d)every person who in any other manner acquires the rights of an asami under or in accordance with the provisions of this Code or any other law for the time being in force.

79. Right of bhumidhars to exclusive possession.

(1)A bhumidhar with transferable rights shall, subject to the provisions of this Code, have the right to exclusive possession of all laird of which he is such a bhumidhar and to use it for any purpose whatsoever.

(2)A bhumidhar with non-transferable right shall, subject to the provisions of this Code, have the right to exclusive possession of all land of which he is such a bhumidhar, and to use such land for any purpose connected with agriculture.

80. [ [Substituted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

(1)Where a bhumidhar with transferable rights uses his holding or part thereof, for industrial, commercial or residential purposes, the Sub-Divisional Officer may, suo motu or on an application moved by such bhumidhar, after making such enquiry as may be prescribed, either make a declaration that the land is being used for the purpose not connected with agriculture or reject the application. The Sub-Divisional Officer shall take a decision on the application within forty five working days from the date of receipt of the application. In case the application is rejected, the Sub-Divisional Officer shall state the reasons in writing for such rejection and inform the applicant of his decision.

(2)Where a bhumidhar with transferable rights proposes to use in future his holding or part thereof, for industrial, commercial or residential purposes, the Sub-Divisional Officer may on an application moved by such bhumidhar, after making such enquiry as may be prescribed, either make a declaration that the land may be used for the purpose not connected with agriculture or reject the application, within forty five working days from the date of receipt of the application. In case the application is rejected, the Sub-Divisional Officer shall state the reasons in writing of such rejection and inform the applicant of his decision:Provided that for declaration under this sub-section there must exist a boundary wall surrounding the holding or part thereof, which is proposed to be used for such purpose:Provided further that if the bhumidhar fails to start the proposed non-agricultural activity within a period of five years from the date of declaration under this sub-section, then the declaration under sub-section (2) for the holding or part thereof shall lapse:Provided also that a declaration under this sub-section (2) shall not amount to change of land use and the land shall continue to be treated as agricultural land only. However, the bhumidhar shall be entitled to obtain loan and other necessary permissions, clearances, etc. for the activity or project, proposed on the holding or part thereof, for which declaration under this sub-section has been obtained.

(3)A bhumidhar possessing declaration under sub-section (2) for his holding or part thereof, may apply to Sub-Divisional Officer for converting declaration under sub-section (2) to a declaration under sub-section (1), after completion of construction activity or start of the proposed non-agricultural activity, within a period of five years from declaration under sub-section (2). On receipt of such an application, the Sub-Divisional Officer, after making such enquiry as necessary, shall approve or reject the application within a period of 15 days from the receipt of the application. In case of rejection, he shall record in writing the reasons for such rejection:Provided that for conversion of declaration under sub-section (2) to a declaration under sub-section (1), the bhumidhar shall be liable to pay only the balance amount of fee payable, calculated at prevailing circle rate, after adjusting the amount already paid by him for declaration under sub-section (2) earlier.

(4)No application for a declaration under sub-section (1) or sub-section (2), moved by any co-bhumidhar having undivided interest in bhumidhari land shall be maintainable, unless application is moved by all the co-bhumidhars of such bhumidhari land. In case only one of the co-bhumidhar wants to get a declaration for his share in the land with joint interest, then such an application shall be entertained only after the respective shares of the co-bhumidhars in the land have been divided in accordance with the provisions of law.

(5)The application for declaration [under sub-section (1) or sub-section (2)] shall contain such particulars and shall be made in such manner as may be prescribed.

(6)Where the application under sub-section (1) or sub-section (2) is made in respect of a part of the holding, the Sub-Divisional Officer may, in the manner prescribed, demarcate such part for purposes of such declaration.

(7)No declaration under this section shall be made by the Sub-Divisional Officer, if he is satisfied that the land or part thereof is being used or is proposed to be used for a purpose which is likely to cause a public nuisance or to affect adversely public order, public health, safety or convenience or which is against the uses proposed in the master plan.

(8)In case the land or part thereof for which a declaration under this section is being sought falls within the area notified under any Urban or Industrial Development Authority, then prior permission of the concerned Development Authority shall be mandatory.

(9)The State Government may fix the scale of fees for declaration under this section and different fees may be fixed for different purposes:Provided that if the applicant uses the holding or part thereof, for his own residential purpose, no fee shall be charged for the declaration under this section.]

81. Consequences of declaration.

- Where a declaration has been made under [sub section of Section 80] [Substituted 'Section 80' by U.P. Act No. 7 of 2019, dated 2.8.2019.] the following consequences shall, in respect of such holding or part to which it relates ensue :

(a)all restrictions imposed by or under this Chapter in respect of transfer of land shall cease to apply to the bhumidhar with transferable rights;

(b)notwithstanding anything contained in Chapter XI, the land shall, with effect from the commencement of the agricultural year following the date of declaration, be exempted from payment of land revenue;

(c)the bhumidhar shall, in the matter of devolution be governed by the personal law to which he is subject.

82. Cancellation of declaration.

(1)Whenever any holding or part thereof in respect of which a declaration has been made under Section 80 is used for [any purpose connected with agriculture,] [Substituted 'any purpose other than a purpose connected with agriculture,' by U.P. Act No. 4 of 2016, dated 11.3.2016.] the Sub-Divisional Officer may, of his own motion or on an application made in that behalf and after making such inquiry as may be prescribed, cancel such declaration.

(2)Where a declaration is cancelled under sub-section (1) the following consequences shall in respect of the holding or part to which it relates ensue namely : -

(a)the holding or part shall become subject to all restrictions imposed by or under this Chapter in matters of transfer and devolution.

(b)the holding or part shall become liable to payment of land revenue with effect from the commencement of the agricultural year in which the order for cancellation of the declaration is made :

Provided that until any land revenue is reassessed on such holding or part in accordance with the provisions of this Code, the land revenue payable or deemed to be payable in respect of such holding or part before the grant of declaration under Section 80 shall be deemed to be the land revenue payable in respect of such holding or part,

(c)where the land is in possession of any person other than the bhumidhar thereof on the basis of a contract or lease, and the terms of such contract or lease are inconsistent with the provisions of this Code, such contract or lease shall to the extent of the inconsistency, become void and the person in possession shall be liable to ejectment on the suit of the bhumidhar :

Provided that a mortgage with possession existing on the date of the cancellation of the declaration shall, to the extent of the amount due and secured on such land, be deemed to be substituted by a simple mortgage carrying such rates of interest as may be prescribed;

83. [ [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

Every declaration under Section 80 or cancellation under Section 82 shall be recorded in record of rights in the manner as may be prescribed and, even after declaration under Section 80, the mutation order on the basis of transfer or succession shall be passed in the manner prescribed.]

84. Right of an asami for exclusive possession of his holding.

- An asami shall, subject to the provisions of this Code, have the right to exclusive possession of all land comprised in his holding and to use such land for any purpose connected with agriculture :Provided that no asami shall be entitled to use any land declared by the State Government by notification to be intended or set apart for taungya plantation, for any purpose other than cultivation and raising of crops.

85. Consequences of using the land in contravention of the provisions of this Code.

(1)Where a bhumidhar with non-transferable rights uses his holding or part thereof, in contravention of the provisions of Section 79, he shall, notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part on the suit of the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

(2)Where an asami uses his holding or part thereof for any purpose not permitted by Section 84, he shall, notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part, on the suit of the land-holder.

(3)A decree for ejectment under this section may direct payment of damages equivalent to the cost of works which may be required to restore the land to its original condition.

86. Extinction of interest of bhumidhar with non-transferable rights or asami.

- Where a bhumidhar with non-transferable rights or an asami has been ejected from any holding or part thereof in accordance with Section 85, all rights and interest of such bhumidhar or asami in such holding or part together with any improvements made therein shall stand extinguished.

87. Improvement not to be removed.

(1)It shall be lawful for a bhumidhar to make any improvement in the land of which he is bhumidhar, for cultivation of such land or for more convenient use thereof.

(2)Where the right, title or interest of any tenure holder in any holding or part is extinguished under or in accordance with the provisions of this Code, he shall not be entitled to remove or appropriate any improvement made by him under sub-section (1).Transfers

88. Transferability of a bhumidhars interest.

(1)The interest of a bhumidhar with transferable rights shall, subject to the provision of this Code, be transferable.

(2)Save as otherwise expressly provided by this Code or any other law for the time being in force the interest of a bhumidhar with non-transferable rights or an asami in any holding shall not be transferable.

89. Restriction on transfer by bhumidhar.

(1)No bhumidhar shall have the right to transfer any holding or part thereof where such transfer contravenes or is likely to contravene the provisions of sub-section (2) or sub-section (3).

(2)[ Subject to the provisions of sub-section (3), no person shall have the right to acquire by purchase or gift any holding or part thereof from a bhumidhar with transferable rights, where the transferee shall, as a result of such acquisition, become entitled to land which together with land, if any, held by such transferee and where the transferee is a natural person, also together with land, if any, held by his family shall exceed 5.0586 hectares in Uttar Pradesh.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(3)[ The State Government or an officer authorised for this purpose under this Act may approve an acquisition or purchase done or proposed to be done, in excess of the limits specified in sub-section (2), if such acquisition or purchase is in favour of a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution; and if it is of opinion that the acquisition or purchase would be in public interest and likely to generate economic activities (other than agricultural) and provide employment. In such case, the provisions of the Uttar Pradesh Imposition of Ceiling on Land Holding Act, 1960 shall not apply to such acquisition:Provided that where the land has been acquired or purchased by a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution, without obtaining prior approval under this subsection the State Government or an officer authorised for this purpose under this Act, may give its approval for regularising such acquisition or purchase afterwards on payment of an amount as fine, which shall be five per cent of the cost of the land in excess of the limit prescribed under sub-section (2), calculated as per the circle rate prevailing at the time of making the application.

(4)Permission under sub-section (3) for acquisition or purchase of land by a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution in excess of limits prescribed under sub-section (2) shall be granted, on the conditions and in the manner prescribed by-

(i)the Collector concerned for acquisition or purchase of land up to 20.2344 hectares;

(ii)the Commissioner concerned for acquisition or purchase of land more than 20.2344 hectares and up to 40.4688 hectares;

(iii)the State Government for acquisition or purchase of land more than 40.4688 hectares.

Provided that if the applicant fails to set up the project within a period of five years from the date of grant of permission under sub-section (3), the same shall lapse and the land acquired or purchased in excess of the limit prescribed under sub-section (2) shall vest in the State and the consequences of Section 105 shall become applicable:Provided further that the State Government may extend the period of permission granted under sub section (3) for a further period of maximum three years, after recording reasons for the same.] [Substituted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

90. Persons other than Indian nationals not to acquire land.

- Notwithstanding anything contained in this Code or in any other law for the time being in force, no person, other than an Indian citizen, shall have the right to acquire any land, by sale or gift, or in any other manner involving transfer of possession in his favour, without prior permission in writing from the State Government.Explanation. - For the purposes of this section, the expression "an Indian citizen" includes any company or association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by Indian citizens.

91. Restrictions on transfer by mortgage.

- No bhumidhar shall have the right to mortgage any holding or its part where possession of the mortgaged property is transferred or agreed to be transferred to the mortgagee as security for the amount of mortgage advanced or to be advanced or for interest thereon.

92. [Mortgage of land by bhumidhar with nontransferable rights] [Substituted 'Mortgage and gift of land by bhumidhar with non-transferable rights' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

- Subject to the provisions of this Code, the interest of a bhumidhar with non-transferable rights in any holding or its part may be, -

(a)transferred by mortgage without possession as security for a loan taken or to be taken from the State Government or a bank or a co-operative society or the U.P. State Agro Industrial Corporation Ltd. or any other financial institution owned and controlled by such Government;

(b)sold in execution of a decree of any Court regarding the matter referred to in clause (a) or in proceedings for collection of land revenue under Chapter XII.

93. Transfer of possession for securing money shall be deemed to be a sale.

- If any bhumidhar transfers possession of any holding or part thereof for the purpose of securing any money advanced by way of loan or in lieu of interest on such loan, then, notwithstanding anything contained in any law or contract or document of transfer, the transaction shall be deemed at all times and for the purposes of this Code, to be a sale to the transferee, and to every such sale, provisions of Section 89 shall apply.

94. [ Lease by a Bhumidhar. [Substituted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

(1)A Bhumidhar may lease out his holding or any part thereof to any person, firm, company, partnership firm, limited liability partnership firm, trust, society or any other legal entity for agriculture or for setting up a solar energy plant. Such lease shall be known as the private lease by a bhumidhar.

(2)Private lease by a Bhumidhar means a contract based on an agreement, with mutually agreed terms and conditions, between lessor, who may be a Bhumidhar and the Lessee who wishes to undertake agricultural activities or set up a solar energy plant, by which the lessor grants permission to the Lessee to use the land or holding or any part thereof for agricultural purposes or for establishment of solar energy plant, against a consideration in cash or kind or a share of produce, payable to the lessor as per the lease agreement.

(3)Period of private lease by a bhumidharmaximum period of the private lease by a Bhumidhar shall not exceed fifteen years at a time:Provided that, after the expiration of the first lease period, the duration of lease period may be further extended by mutual consent of the lessor and the Lessee:Provided further that for purpose of establishing a solar energy plant, the maximum period may be upto thirty years.

(4)Conditions of the private Lease by a bhumidhar - The terms and conditions of the private lease by a bhumidhar shall be as mutually agreed between the lessor and Lessee. The general conditions of the lease shall be in the manner as may be prescribed.]

95. [ Lease. [Substituted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

- How made, its termination and any dispute arising theretoPrivate lease by a bhumidhar may be oral or in writing or Registered

(1)Private Lease by a bhumidhar for a single crop or for period up to one year may be either oral or in writing. Lease agreement for period exceeding one year shall be made by a registered instrument only.

(2)Private Lease by a bhumidhar to be recorded in remarks column of Record of Rights - In case of written or registered lease agreement, a copy of the agreement or deed shall be made available to Revenue Inspector concerned, who shall pass order for recording the details of the private lease by a bhumidhar lease agreement (names and other details of lessor and Lessee; date of agreement; period of lease; proposed use of land; and annual lease rent) in the Remarks column of Record of Rights (khatauni).

(3)Private Lease by a bhumidhar shall not create any type of Tenancy Right - An agreement of private lease by a Bhumidhar either registered under the Registration Act, 1908 or countersigned by a Revenue Officer or Gram Pradhan or notarised by a Notary or oral, shall not create or confer any rights or interest in favour of the Lessee over the leased land, including protected tenancy or occupancy right or any other right against eviction or lease termination, other than those contained in this Act or Rules, the lease agreement shall not be used by the Lessee to establish and permanent right over the leased land in any Court of Law.

(4)Resumption of Land - After expiration of the private lease by a bhumidhar period of or termination of such private lease, the instrument of private lease by a bhumidhar shall be a nullify and if the period of such private lease is not extended, the leased land shall automatically revert to the lessor and the Lessee shall hand over peaceful possession of the land, free from all encumbrances, to the lessor and shall cease to have any right, title or interest in the land so leased out.Explanation. - Regardless of any dispute, arising out of private lease made under Section 94, pending before any Court of Law, the lessor shall be entitled to get peaceful possession of the leased land after the expiration of the private lease period and the Lessee shall have no right to retain possession over the leased land.

(5)Effect of Private Lease by a bhumidhar - The provisions contained in the Code regarding private lease by a bhumidhar shall not have retrospective effect.

(6)Termination of the private lease by a bhumidhar - (a) Unless extended by mutual consent between the lessor and Lessee, the private lease agreement would terminate on expiry of the private lease period mentioned in the agreement,

(b)In case of non-payment of consideration amount or annual lease, rent by the Lessee by the due date, or if any of the terms and conditions of the private lease are violated by him, the private lease by a bhumidhar agreement may be terminated by the lessor, prior to expiry of the lease period, after giving due notice to the Lessee in writing,

(c)In case the private lease agreement is proposed to be terminated prematurely by the lessor, then the Lessee shall be entitled to remove such structures, machinery, etc. that were created or installed by the Lessee on the leased land. The Lessee would also be entitled to recover such damages and compensation from the lessor, as agreed upon and laid down in the private lease agreement,

(d)In case the Lessee wishes to terminate the lease agreement prematurely or surrenders the land during the private lease by a bhumidhar period, then he shall have to give at least six months notice to the lessor and shall also be liable to pay the annual rent for the remaining part of the year to the lessor, in addition to such other compensation, as agreed upon and laid down in the private lease by a bhumidhar agreement or as prescribed,

(e)In case after expiration of the private lease by a bhumidhar period or termination of the lease agreement, the Lessee fails to handover peaceful possession of the leased land to the lessor, the Lessee shall be treated as unauthorised occupant and shall be liable to be ejected from the leased land. The Lessee shall also be liable to pay such penal rent or damages to the lessor for the period of unauthorised occupation, as provided in the private lease by a bhumidhar agreement, in addition to the cost of such ejection,

(f)The lessor and Lessee may terminate the private, lease by a bhumidhar on mutually agreed terms at any time.

(7)Disputes arising out of the private lease by a bhumidhar - (a) In an event of a dispute arising out of the private lease agreement by a bhumidhar, or any terms and conditions thereof; the Lessee and the lessor shall make all efforts to amicably resolve and settle the dispute amongst themselves or if mutually agreed, by using mediation by a third party arbitrator or Gram Panchayat or Village Revenue Committee,

(b)If the dispute is not settled through the mechanism mentioned in clause (a) either party may file a petition before the Sub-Divisional Officer,

(c)The Sub-Divisional Officer shall adjudicate the dispute using the summary procedure within a period of thirty days of its institution,

(d)An appeal against the order, other than an interim order, passed by a Sub-Divisional Officer, shall lie before the Commissioner. The decision of Commissioner shall subject to the provision of Section 210, be final.]

96. [ [Omitted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

***]

96. Lease by a disabled co-sharer.- (1) Where any holding is held jointly by more persons than one and all of them are not subject to the disabilities mentioned in sub-section (1) of Section 95, then the disabled co-sharer may alone let out his share in the holding.(2) Where any share in any holding has been let out by a co-sharer in accordance with sub-section (1), the asami or co-sharer may sue for division of such share.(3) No other relief shall be combined in a suit for division under subsection (2).

97. [ [Omitted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

***]

97. Lease how made.- Notwithstanding anything contained in the Transfer of Property Act, 1882 (Act No. 14 of 1882), or the Indian Registration Act, 1908 (Act No. 16 of 1908) a lease referred to in Section 95 for a period exceeding one year shall be made either by a registered instrument or in the manner prescribed.Explanation.- A lease which fails to comply with the provisions of this section shall not be deemed by reason thereof to be a transfer in contravention of the provision of this Chapter.

98. [ [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(1)Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste, except with the previous permission of the Collector in writing:Provided that the permission by the Collector may be granted only when -

(a)the bhumidhar belonging to a scheduled caste has no surviving heir specified in clause (a) of sub-section (2) of Section 108 or clause (a) of Section 110, as the case may be; or

(b)the bhumidhar belonging to a scheduled caste has settled or is ordinarily residing in the district other than that in which the land proposed to be transferred is situate or in any other State for the purpose of any service or any trade, occupation, profession or business; or

(c)the Collector is, for the reasons prescribed, satisfied that it is necessary to grant the permission for transfer of land.

(2)For the purposes of granting permission under this section the Collector may make such inquiry as may be prescribed.]

99. Restrictions on transfer by bhumidhars of scheduled tribes.

- I Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled tribe shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled tribe.

100. Mortgage by members of scheduled caste and scheduled tribes.

- A bhumidhar or an asami belonging to a scheduled caste or a scheduled tribe may, notwithstanding anything contained in any other provision of this Code, transfer his interest in any holding or part, by mortgage without possession as security for a loan taken or to be taken from the State Government or any institution referred to in clause (a) of Section 92.

101. [ [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(1)Notwithstanding anything in Section 77 of this Code, any bhumidhar may with prior permission in writing of the Sub-Divisional Officer exchange his land with the land -

(a)held by another bhumidhar; or

(b)entrused or deemed to be entrusted to any Gram Panchayat or a local authority under Section 59.

(2)The Sub-Divisional Officer shall refuse permission under sub-section (1) in the following cases, namely -

(a)if the exchange is not necessary for the consolidation of holdings or securing convenience in cultivation; or

(b)if the difference between the valuation, determined in the manner prescribed, of the lands given and received in exchange exceeds ten per cent of the lower valuation; or

(c)if the difference between the areas of the land given and received in exchange exceeds twenty-five per cent of the lesser area; or

(d)in the case of land referred to in clause (b) of sub-section (1), if it is reserved for planned use, or is land in which bhumidhari rights do not accrue; or

(e)if the land is not located in same or adjacent village of the same tahsil:

Provided that the State Government may permit the exchange with land mentioned in clause (d) aforesaid, on the conditions and in the manner, prescribed.

(3)Nothing in this section shall be deemed to empower any person to exchange his undivided interest in any holding, except where such exchange is in between two or more co-sharers.

(4)Nothing in the Registration Act, 1908 (Act No. 16 of 1908), shall apply to an exchange in accordance with this section.]

102. Consequences of exchange.

- Where an exchange is made in accordance with Section 101 -

(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 (Khatuani) 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.

103. [ [Omitted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

***]

103. Effect of lease in contravention of this Code.- Where a bhumidhar has let out his holding or any part thereof in contravention of Section 94, Section 95, Section 96 or Section 99, the lessee shall, notwithstanding anything contained in any law or contract or document of lease, become and be deemed to be -(a) where the total area of the land held by him, together with the land held by his family, including the land let out to him and any member of his family, does not exceed[5.0586 hectares] [Substituted '5.04 hectares' by U.P. Act No. 4 of 2016, dated 11.3.2016.]in Uttar Pradesh, bhumidhar with non-transferable rights thereof; and(b) where the total area as aforesaid exceeds[5.0586 hectares] [Substituted '5.04 hectares' by U.P. Act No. 4 of 2016, dated 11.3.2016.], a purchaser thereof, and the provision of Section 89 shall, apply thereto.

104. [ [Substituted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

Every Lease or transfer of interest in any holding or part thereof made by a bhumidhar or any asami in contravention of the provisions of this Code shall be void.]

105. Consequences of transfer by Bhumidhar in contravention of the Code.

(1)Where transfer of interest in any holding or part made by a bhumidhar is void under Section 104, the following consequences shall, with effect from the date of such transfer, ensue, namely :-

(a)the subject-matter of such transfer shall vest in the State Government free from all encumbrances;

(b)the tree, crops, wells and other improvements, existing on such holding or part shall vest in the State Government free from all encumbrances;

(c)the interests of the transferor and the transferee in the properties specified in clauses (a) and (b) shall stand extinguished;

(d)the extinction of interest of the transferor under clause (c) shall operate to extinguish the interest of any asami holding under him.

(e)[ the provisions of this section shall not apply to any lease made under Section 94.] [Inserted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

(2)Where any land or other property has vested in the State Government under sub-section (1) it shall be lawful for the Collector to take over possession of such land and other property, and to direct that any person occupying such land or property be evicted there from, and for that purpose, the Collector may use or cause to be used such force as may be necessary and the provisions of Section 59 mutatis mutandis shall apply to such property.

106. Consequences of transfer made by asami in contravention of this Code.

- Where transfer of interest in any holding or part made by an asami is void under Section i04, such asami shall be liable to ejectment on the suit of the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other land-holder, as the case may be, in accordance with the provisions of this Code.Devolution

107. 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.

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

108. [ General order of succession to male bhumidhar, asami or government lessee. [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(1)Subject to the provisions of Section 107, where a bhumidhar, asami or Government lessee, being a male dies, his interest in his holding shall devolve upon his heirs being the relatives specified in sub-section (2) in accordance with the following principles, namely -

(i)the heirs specified in any one clause of sub-section (2) shall take simultaneously in equal shares;

(ii)the heirs specified in any preceding clause of sub-section (2) shall take to the exclusion of all heirs specified in succeeding clauses, that is to say, those in clause (a) shall be preferred to those in clause (b), those in clause (b) shall be preferred to those in clause (c) and so on, in succession;

(iii)if there are more widows than one, of the bhumidhar, asami or government lessee, or of any predeceased male lineal descendant, who would have been an heir, if alive, all such widows together shall take one share;

(iv)the widow or widowed mother or the father's widowed mother or the widow of any predeceased male lineal descendant who would have been an heir, if alive, shall inherit only if she has not remarried.]

(2)[ The following relatives of the male bhumidhar, asami or Government lessee are heirs, subject to the provisions of sub section (1), namely-

(a)widow, unmarried daughter and the male lineal descendants in the male line of descent as per stirpes:

Provided that the widow and the son and unmarried daughter of a predeceased son how low-so-ever shall inherit per stripes the share which would have devolved upon the predeceased son had he been alive;

(b)mother and father;

(c)married daughter;

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

(e)son's daughter;

(f)father's mother and father's father;

(g)daughter's son and unmarried daughter;

(h)married sister;

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

(j)sister's son and unmarried daughter;

(k)half sister's son, and unmarried daughter, the sister having been the daughter of the same father as the deceased;

(l)brother's son's son and unmarried daughter;

(m)father's father's son and unmarried daughter;

(n)father's father's son's son and unmarried daughter;

(o)mother's mother's son and unmarried daughter.]

109. Succession to woman inheriting 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, subject to the provisions of Sections 107 and 112 devolve upon the nearest surviving heir of the last male bhumidhar, asami or Government lessee, as the case may be.Explanation. - The expression 'nearest surviving heir' in this section means the heir ascertained in accordance with Section 108.[Provided that if any woman inheriting as a daughter, who has surviving heirs specified in clause (a) of Section 110 of this Code, dies, her interest in the holding shall devolve upon heirs specified in clause (a) of Section 110.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

110. [ [Substituted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

Where any female bhumidhar, asami or a Government lessee dies, after the commencement of this Code, then her interest in any holding or its part shall subject to the provisions of Sections 107 to 109 devolve, in accordance with the order of succession given below-

(a)son, unmarried daughter, son's son and unmarried daughter, son's son's son and unmarried daughter, predeceased son's widow, and predeceased son's predeceased son's widow, in equal shares as per stirpes:

Provided firstly that the nearer shall exclude the remoter in the same branch:Provided secondly that a widow who has remarried, shall be excluded;

(b)husband;

(c)married daughter;

(d)daughter's son and unmarried daughter;

(e)father;

(f)widowed mother;

(g)brother, being the son of the same father as the diseased and brother's son and unmarried daughter as per stripes;

(h)unmarried sister.

(i)married sister;

(j)sister's son and unmarried daughter.]

111. Savings as to religious endowments etc.

- Nothing in this Chapter shall be construed to apply to the devolution of management of a Hindu devasthanam, math or debutter property or of a Muslim wakf comprising any holding, which shall continue to be governed by such personal or other law as may be applicable to it.

112. Interest of co-tenure holders to pass by survivingship.

(1)Where before or after the commencement of this Code, two or more co-widows inherit the interest of a male tenure-holder, and any one of them dies or remarries after such commencement without leaving any heir entitled to succeed in accordance with Section 108, the interest of such co-widow shall pass by survivor-ship to the surviving widow, and where there are two or more surviving co-widows, then to the surviving co-widows in equal shares.

(2)Devolution of interest among surviving co-tenure holders. Where any land is held by two or more co-tenure holders, and any one of them dies after the commencement of this Code without leaving any heir entitled to succeed under Sections 108 to 110, the interest of such co-tenure holder shall pass to the surviving co-tenure holders in equal shares.

113. Persons other than Indian citizens and persons of Indian origin not to inherit.

- Notwithstanding anything contained in this Code or any other law for the time being in force, no person other than an Indian citizen and person of Indian origin who has acquired citizenship of any other country shall be entitled to acquire any land or any interest therein either by bequest or by inheritance.

114. Other conditions regarding devolution.

- The devolution of interest in any holding under this Chapter shall be subject to the following conditions : -

(a)If a [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.] dies instate, and at the time of his death, a child was in the womb who was subsequently born alive, then such child shall have the same right to inherit as if he or she had been born before the death of such [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.], and the inheritance shall be deemed to vest in such a case with effect from the date of death of such [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.];

(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 presumed, until the contrary is proved, that the younger survived the elder;

(c)A person who commits murder of a [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.], or abets the commission of such murder, shall be disqualified from inheriting the interest of the deceased in any holding;

(d)If any person is disqualified from inheriting the interest in the holding of any [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.] under clause (c), such interest shall devolve as if the disqualified person had died before the death of such bhumidhar.

[Explanation. - In this section, the expression 'murder' means any offence punishable under Section 302, Section 304, Section 304-B, Section 305 or Section 306 of the Indian Penal Code.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

115. Escheat.

(1)Where a bhumidhar or an asami holding land from a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] dies without known heir, 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 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 all 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 (4), or the suit, if filed is finally dismissed, then the land shall be deemed to have vested in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or the locol 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.Division

116. Suit for division of holding.

(1)A bhumidhar may sue for the division of the holding of which he is a co-sharer.

(2)[ In every such suit, the Court may also divide the trees, wells and other improvements existing on such holding but where such division is not possible, the trees, wells and other improvements aforesaid and valuation thereof shall be divided and adjusted in the manner prescribed.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(3)One suit may be instituted for the division of more holdings than one where all the parties to the suit other than the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] are jointly interested in each of the holdings.

(4)To every suit under this section, the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] concerned shall be made a party.

117. Duty of Court in suits for division of holding.

(1)In every suit for division of holding under Section 116 the Court of Assistant Collector shall -

(a)follow such procedure as may be prescribed;

(b)apportion the land revenue payable in respect of each such division.

(2)A division of holding referred to in Section 116 shall not affect the joint liability of the tenure-holders there of in respect of the land revenue payable before the date of the final decree.Surrender and abondonment

118. 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.

119. 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.

120. 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 in accordance with Section 118 or Section 119.

(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.

121. Liability for rent revenue in use of surrender.

- Notwithstanding the provisions of Sections 118 to 120, 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.

122. Abandonment by bhumidhar.

(1)If a bhumidhar does not pay the land revenue and [does not use the land for agriculture] [Substituted 'does not use it for agriculture' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 under sub-section (7) or if any claim is preferred but is disallowed, the Collector shall make an order declaring the holding abandoned.

(5)Every order of the Collector under sub-section (4) 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 under Section 80 where such declaration continues to be in force.

123. Consequence of abandonment.

- Where any holding has been abandoned under Section 122, the following consequences shall ensue, 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 of interest in such holding;

(c)the bhumidhar concerned shall continue to be liable for land j 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.

124. Delivery of possession to [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

(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 Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] concerned evict any person in unauthorised occupation of such land and deliver possession thereof to the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] in such manner as may be prescribed.

(2)The provisions of sub-section (1) shall mutatis mutandis apply to the eviction of an asami holding land from a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], or from a bank under sub-section (2) of Section 95.Lease of land by [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

125. Admission by Bhumi Prabandhak Samiti to land entrusted to [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

- 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 I deemed to be entrusted to the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] under Section 59 other than j a tank specified in clause (a) of Section 61.

126. 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 Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] of a person who has lost his wife while in active service in the Armed Forces of the Union.

(b)a landless person residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] and belonging to a Scheduled Caste or Scheduled Tribe, other back- I ward class or a person of general category living below poverty j line as determined by the State Government.

(d)any other landless agricultural labourer residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.];

(e)a landless person residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], who has not been granted political pension;

(g)any Bhumidhar or asami residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 the poverty line as determined by the State Government not residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] but residing in the Nyaya Panchayat circle referred to in Section 42 of U.P 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)'[Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.]' means [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] as defined under the U.P. Panchayat Raj Act, 1947;

(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 Service (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 Service (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 the 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.

127. 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 term 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.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

128. 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 thereunder, he may cancel the allotment and the lease, if any.[***] [Omitted 'clause (a) and clause (b)' by U.P. Act No. 4 of 2016, dated 11.3.2016.][(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.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(a)the right, title and interest of the allottee of leassee 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] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.];

(b)the Collector may direct delivery of possession over such land, tree or improvement forthwith to the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 211, be final.

(5)The provisions of Sections 5 and 49 of the Uttar Pradesh Consolidation of Holding Act, 1953 shall not apply to the proceeding under this section.

129. Restoration of possession to allottee or the Government lessee.

(1)Where any person is admitted to any land in accordance with Section 125, or where any land is let out to any person by the State Government and any person, other than the allottee or lessee, is in occupation of such land in contravention of the provisions of this Code, the Assistant Collector may, of his own motion, and shall, on the application of the allottee of the lessee, as the case may be, put him in possession of such land, and may for that purpose use or cause to be used such force as he considers necessary.

(2)The provisions of sub-sections (2) to (8) of Section 65 shall mutatis mutandies apply in relation to reoccupation of any land or part thereof after possession has been delivered under sub-section (1).Ejectment

130. Bhumidhars not to be ejected.

- No bhumidhar shall be liable to ejectment from the land held by him except as provided by or under this Code.

131. Suit for ejectment etc. against asami.

(1)No asami shall be liable to ejectment from the land held by him, except on a suit of the land-holder or [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], which may be filed on one or more of the following grounds, namely -

(a)that the interest of the asami in the land held by him has extinguished under the provisions of this Code;

(b)that the asami was holding land from year to year or for a period, which has already expired or will expire before the end of the current agricultural year;

(c)that the asami is using the land for any purpose not permitted by Section 84;

(d)that the land-holder was suffering from any of the disabilities referred to in sub-section (1) of Section 95 and either his disability has ceased or he wishes to bring the land under his personal cultivation.

(e)that the asami was in arrears of rent for a period of more than one year and has failed to pay the same to the land holder within a period of thirty days despite service of a notice of demand;

(f)that the asami has transferred the whole or part of the land held by him in contravention of the provisions of this Code.

(2)No notice to quit to the asami shall be necessary before filing a suit under this section.

(3)The land-holder may in a suit for ejectment also claim arrears of rent.

(4)A land holder may, without suing for ejectment sue the asami for arrears of rent.

132. Right to crops and trees.

(1)Wherein execution of a decree passed in a suit under Section 131, an asami is ejected, and the Court is satisfied that any ungathered crops or trees belonging to the judgment-debtor exist on the land, the Court shall, not withstand anything contained in the Code of Civil Procedure, 1908, proceed in the following manner :

(a)if the amount due from the judgment-debtor is equal to or greater than the value of such crops or trees, the Court shall deliver the possession of the land with the crops and trees to the decree holder, and all rights of the judgment-debtor in or upon such crops or trees shall therefore pass to the decree-holder;

(b)if the amount due from the judgment-debtor is less than the value of such crops or trees, and -

(i)the decree-holder pays the difference between such amount and the value to the judgment-debtor, the Court shall deliver possession of the land to the decree-holder and all rights of the judgment-debtor in such crops or trees shall therefore pass to the decree-holder;

(ii)the decree-holder does not pay such difference the judgment-debtor shall have the right of tending gathering or removing such crops or trees or fruits of such trees, until such crops or trees have been gathered or removed or die or are cut down, as the case may be, paying such compensation for the use and occupation of land as the Court fix.

(2)The Court executing the decree may, on the application of any party, determine the value of the crops or tree and the compensation payable by the judgment debtor under the provisions of sub-section (1).

133. Suit for injunction, compensation etc.

- The [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or the land-holder may, in lieu of suing for ejectment of an asami under Section 131, file a suit in the Court of Sub-Divisional Officer.

(a)for injunction restraining him from putting the land to any unauthorised use or causing any waste or damage to it;

(b)for compensation for such use, waste or damage; or

(c)for repair of the waste or damage caused to the land.

134. Ejectment of persons occupying land without title.

(1)Where a person takes or retains possession of any land forming part of the holding of any bhumidhar or asami otherwise than in accordance with the provisions of the law for the time being in force and without the consent of such bhumidhar or asami, such person shall be liable to ejectment on the suit of the bhumidhar or asami concerned, and shall also be liable to pay damages at the rate prescribed.

(2)To every suit relating to any land referred to in sub-section (1), the State Government and [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] shall be impleaded as necessary parties.

135.

[***] [Deleted 'Section 135' by U.P. Act No. 4 of 2016, dated 11.3.2016.][Substituted by U.P. Act No. 7 of 2019, dated 2.8.2019.]

135. Consequences of failure to file suit under Section 134.- If a suit for ejectment from any land under sub-section (1) of Section 134 is not instituted by a bhumidhar or asami, or if a decree for ejectment obtained in any such suit is not executed within the period of limitation provided for the institution of such decree, as the case may be, the following consequences shall ensue, with effect from the date of expiry of such period namely -(a) where the land forms part of the holding of a bhumidhar with transferable rights, the person taking or retaining possession shall become bhumidhar with non-transferable rights and shall be liable to pay land revenue therefor at double the pre-existing rates;(b) where the land forms part of the holding of a bhumidhar with non-transferable rights, the person taking o retaining possession shall become like bhumidhar with non-transferable right and shall be liable to pay land revenue therefor at double the preexisting rates;

136. Ejectment of trespassers of Gaon Sabha land.

- [(1) Notwithstanding anything contained in other provisions of this Code, the Sub-Divisional Officer may, of his own motion or on the application of the Gram Panchayat or other local authority, eject any person taking or retaining possession of any land specified in sub-section (2), if such possession is in contravention of the provisions of this Code and is without the consent of such Gram Panchayat or the local authority and shall also be liable to pay damages at the rates prescribed.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(2)The provisions of sub-section (1) shall apply to the following categories of land, namely -

(a)any land entrusted or deemed to be entrusted to any [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or local authority under the provisions of this Code or any other law for the time being in force;

(b)any land over which a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or local authority is entitled to take possession under the provisions of this Code;

(c)any land which belongs to or is owned or held by a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or local authority;

(d)that the asami is holding land specified in clause (d) or clause (e) of Section 77 and that the cultivation of crops in such land has become impossible;

(e)that the asami was admitted to the land under clause (b) of Section 125 and the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] proposes to use it for a public purpose.

(3)No person shall be evicted from any land under this section unless adequate opportunity to show cause has been afforded to him.

(4)In evicting a person under this section, the Sub-Divisional Officer may use or cause to be used such force as may be necessary.Explanation. - For the purposes of this section, the word 'land' includes [trees and other improvements] [Substituted 'trees and improvements' by U.P. Act No. 4 of 2016, dated 11.3.2016.] existing on such land.

137. Remedies for wrongful ejectment.

(1)An asami ejected or apprehending ejectment from or prevented from obtaining possession of any land otherwise than in accordance with the provisions of any law for the time being in force, may sue the person so ejecting him, trying to eject him or keeping him out of possession -

(i)for possession of the [land; or] [Substituted 'land;' by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(ii)for compensation for wrongful dispossession; or

(2)When a decree is passed for compensation for wrongful dispossession but not possession the compensation awarded shall be for the whole period during which the asami was entitled to remain in possession.Rent

138. Rent payable by an asami.

- Subject to such restrictions and conditions as may be prescribed, an asami shall, on being admitted to the occupation of any land, be liable to pay such rent as may be agreed upon between him and his landholder or the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], as the case may be.

139. Application for fixation of rent.

(1)Where any person is in occupation of any land as an asami, without the rent being agreed upon, the asami or his landholder may apply to the Tahsildar for fixation of rent.

(2)On receipt of an application under sub-section (1), the Tahsildar shall make an inquiry in such manner as may be prescribed, and shall fix the rent in accordance with the rules made under this Code.

(3)The rent fixed under sub-section (2) shall be payable by the asami with effect from the date when he occupied the land as such asami.

(4)Any person aggrieved by an order of the Tahsildar under sub-section (2) may file an appeal to the Sub-Divisional Officer, and notwithstanding anything contained in other provisions of this Code, the order of the Sub-Divisional Officer shall be final.

140. Remission for calamity by Court decreeing claim for arrears.

(1)Where the Court hearing a suit for recovery of arrears of rent is satisfied that the holding was substantially decreased by diluvion or otherwise, or the produce thereof was substantially diminished by drought, hail, deposit of sand or other calamity during the period for which the arrear is claimed, it may allow such remission from the rent, as may appear to it to be just:Provided that no such remission shall be deemed to vary the rent payable by the asami otherwise than for the period in respect of which it is made.

(2)Where a Court allows remission under sub-section (1) the State Government or any authority empowered by it in this behalf, shall order consequential remission in the land revenue in accordance with such principles as may be prescribed.

141. Commutation of rent.

(1)Where the rent in respect of any holding is payable otherwise than in cash, the Assistant Collector may, of his own motion or on the application of the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or the person by or to whom the rent is payable, commute the rent in the manner prescribed.

(2)The rent commuted under sub-section (1) shall be payable from the first day of July following the date of die order of commutation unless the order provides for some other date.

142. Recovery of arrears of rent from asami of Gaon Sabha, etc.

- Arrears of rent due from an asami holding land from a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority either before or after the commencement of this Code, shall be recoverable as an arrear of land revenue.

143. Power to write off arrears.

- The whole or any part of the arrears of rent, in respect of any land or other property entrusted or deemed to be entrusted to a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority under the provisions of this Code may, is such circumstances as may be prescribed, be written off as irrecoverable by the Bhumi Prabandhak Samiti or by the local authority, as the case may be, by resolution passed in that behalf :Provided that no resolution passed by a Bhumi Prabandhak Samiti shall take effect until it is confirmed by the Sub-Divisional Officer.Declaratory suits

144. Declaratory suits by tenure holders.

(1)Any person claiming to be a bhumidhar or asami of any holding or part thereof, whether exclusively or jointly with any other person, may sue for a declaration of his rights in such holding or part.

(2)In every suit under sub-section (1) instituted by or on behalf of :-

(a)a bhumidhar, the State and the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] shall be necessary parties;

(b)an asami, the land-holder shall be a necessary party.

145. Declaratory suit by [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

- Notwithstanding anything to the contrary contained in Section 34 of the Specific Relief Act, 1963, the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] may institute a suit against any person claiming to be entitled to any right in any land for the declaration of the right of such person in such land and the Court may, in its discretion, make a declaration of the right of such person and the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] need not in such suit ask for any further relief.

146. Provision for injunction.

- If in the course of a suit under Section 144 or 145, it is proved by affidavit or otherwise -

(a)that any property, tree or crops standing on the land in dispute is in danger of being wasted, damaged or alienated by any party to the suit; or

(b)that any property to the suit threatens or intends to remove or dispose of the said property, trees or crops in order to defeat the ends of justice, the Court may grant a temporary injunction, and where necessary, also appoint a receiver.

Chapter X
Government Lessess

147. Definition of Government lessee.

- Every person who holds; any land on lease from the State Government, whether such lease was granted before or after the commencement of this Code, shall be called a Government lessee in respect of such land.

148. Government lessees right to hold land.

- Notwithstanding anything contained in this Code, every Government lessee shall be entitled to hold such land in accordance with the terms and conditions of the lease.

149. Ejectment of Government lessee.

- A Government lessee may be evicted from the land held by him on one or more of the following grounds, namely -

(a)that he has failed to pay the rent or any other sum due under the lease within six months from the date on which it became due.

(b)that he has used such land for any purpose other than that for which it was granted;

(c)that the term of Iris lease has expired or the lease has been cancelled;

(d)that he has contravened any terms or conditions of the lease.

150. Provision of U.P. Act No. 22 of 1972 to apply.

- The provisions of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupations), Act, 1972 shall, mutatis mutandis, apply to the eviction of Government lessee as apply to the unauthorised occupants within the meaning of that Act, and the Sub-Division Officer shall be deemed to be the prescribed authority for the purposes of that Act.

151. Trespass on land held by a Government lessee.

(1)If a person takes or retains possession over any land, let out to a Government lessee, otherwise than in accordance with the terms and conditions of the lease and without the consent of such lessee, such person shall be liable to ejectment on the suit of the Government lessee concerned and shall also be liable to pay damages at the rates prescribed.

(2)The State Government shall be made a party, but the Gaon Sabha shall not be a necessary party to a suit instituted under sub-section (1).

(3)If a suit for eviction referred to in sub-section (1) is not instituted by a Government lessee or a decree for eviction obtained in any such suit is not executed within the period of limitation provided therefor, then the following consequences shall, with effect from the expiry of such period ensue, namely -

(a)the person taking or retaining possession over the land let out to the Government lessee shall be liable to eviction in accordance with Section 150;

(b)the right, title and interest of the Government lessee in such land shall stand extinguished and the term of his lease shall be deemed to have expired.

152. Dues recoverable as arrear of land revenue.

- Arrears of rent or any other sum due from a Government lessee may be recovered as an arrear of land revenue.

Chapter XI
Assessment Of Land Revenue

153. Land held by bhumidhar liable to payment of land revenue.

(1)All lands held by a bhumidhar, wherever situate and to whatever purpose applied; shall be liable to assessment (by such authority and in such manner as may be prescribed) and payment of land revenue to the State Government :Provided that the State Government may by notification exempt any land, whether wholly or partially, from such liability on such terms and conditions as it may think fit.

(2)Land revenue may be assessed on land, notwithstanding that it has been exempted under the proviso to sub-section (1).

(3)No length of occupation shall release any land from the liability to payment of land revenue.

(4)Notwithstanding anything contained in sub-section (1); sub-section (2) or sub-section (3), the following lands shall be exempted from the payment of land revenue, namely -

(a)land occupied by buildings other than improvement;

(b)grave-yards and cremation grounds.

154. Land revenue payable by bhumidhar.

(1)Every person, who held any land as a bhumidhar from before the date of commencement of this Code, shall pay and continue to pay to the State Government, the same amount of land revenue which he was liable to pay in respect of such land for the agricultural year preceding the year in which this Code comes into force.

(2)Every person, who after such commencement, acquires bhumidhari rights in any land shall, subject to the provisions of this Code, pay to the State Government the same amount of land revenue which was payable in respect of such land, immediately before the date of such acquisition.

(3)Every person who after such commencement, acquires bhumidhari rights in any land, where no land revenue was payable in respect of such land immediately before the date of such acquisition, shall be liable to pay land revenue determined by the Sub-Divisional Officer in accordance with such principles as may be prescribed.

155. Variation of land revenue.

- Notwithstanding anything contained in this Chapter, the land revenue payable by a bhumidhar may be varied in the manner prescribed on the ground of an increase or decrease in the area of his holding or in the productivity of the land comprised therein by fluvial action or other natural cause.

156. Exemption of land revenue in certain cases.

- Notwithstanding anything contained in this code, every member of a family, the total area of land held by whose members as bhumidhar, does not exceed 1.26 hectares (3.125 acres) shall be exempted from the liability to pay land revenue to the Slate Government.

157. Remission or suspension of Land revenue on the occurrence of agricultural calamity.

(1)Notwithstanding anything contained in this Code, the State Government may, on the occurrence of an -agricultural calamity affecting the crops of any village, or part of a village, remit or suspend, for any period, the whole or any part of the land revenue of any holding affected by such calamity.

(2)The State Government may likewise remit or suspend, for any period, the rent payable by an asami to the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], in village or part where such calamity.

158. Power of State Government to remit rent in certain cases.

- Whenever the land revenue is increased or decreased under Section 155 or is remitted or suspended under Section 157, the State Government may increase or decrease or as the case may be, remit or suspend the whole or part of any rent payable by an as asami, other than an asami of a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

159. Consequences of suspension of rent.

- Where the payment of any rent has been suspended under Section 157 -

(a)the period during which such suspension continues shall be excluded in computing the period of limitation allowed for a suit for recovery of the rent, and

(b)no suit or application shall lie, for the period of such suspension, for its recovery.

160. Finality of orders.

- Every order of the State Government under this Chapter shall be final and shall not be called in question in any Court.

161. Rounding off the amount of land revenue.

- Where the amount payable on account of land revenue or any instalment thereof involves a fraction of a rupee, the same shall be rounded off to the nearest rupee, and for this purpose, where such amount contains a part of a rupee, then if such part is fifty paise or more, it shall be increased to one rupee, and if such part is less than fifty paise, it shall be ignored.

162. Finality of orders.

(1)The Collector shall inquire annually into the case of all lands exempted from the payment of land revenue.

(2)If the exemption has been granted on any condition and the same has been broken, he shall report the matter to the Board for orders, and the orders of the Board thereon shall be final.

Chapter XII
Collection Of Land Revenue

163. Land Revenue to be the first charge.

(1)The land revenue assessed on any holding shall be the first charge on such holding, and also on trees or building standing thereon or the rents, profits or produce thereof.

(2)The claim of the State Government in respect of any other sum recoverable as arrears of land revenue shall have priority over all unsecured claims against any land and the holder thereof.

164. Bhumidhars to be jointly and severally liable.

- All co-bhumidhars of any holding shall be jointly and severally liable to the State Government for the payment of land revenue for the time being assessed thereon and all person succeeding whether by devolution or otherwise to the interest of such bhumidhars shall be liable for all arrears of land revenue due in respect of such land.

165. Land Revenue when becomes due and payable.

- The land revenue leviable in respect of an agricultural year shall become due on the first day of that year, and shall be payable at such times, in such instalments, to such persons, at such places and in such manner as may be prescribed.

166. Arrangements for collection of land revenue.

- The State Government may make such arrangements and employ such agency for the collection of land revenue as it may deem fit.

167. Defaulters.

- Any land revenue due and not paid on or before the date specified in Section 165 becomes there from an arrear and the persons liable for its payment shall become defaulters.

168. Certified account to be evidence of arrears.

- A statement of account certified by the Tahsildar shall, for the purposes of this Chapter, be conclusive evidence of the existence of the arrear of land revenue, of its amount and of the person who is the defaulter.

169. Writ demand.

- As soon as an arrear of land revenue has become due, a writ of demand may be issued by the Tahsildar against the defaulter calling upon him to appear or to pay the amount within a time to be specified.

170. Process for recovery of arrears.

(1)An arrear of land revenue remaining unpaid within the time specified in the writ of demand, may be recovered by any one or more of the following processes, namely -

(a)by arrest and detention of the defaulter;

(b)by attachment and sale of his movable property including agricultural produce;

(c)by attachment of any bank account or locker of the defaulter;

(d)by attachment of the land in respect of which the arrear is due;

(e)by lease or sale of the land in respect of which the arrear is due;

(f)by attachment and sale of other immovable property of the defaulter;

(g)by appointing a receiver of any property, movable or immovable, of the defaulter;

Explanation. - For the removal of doubts, it is hereby declared that two or more processes hereinbefore mentioned may be issued and enforced simultaneously or one after the other.

(2)Sums of money recoverable as arrears of land revenue, but not due in respect of any specific land, may be recovered by process under this section from any immovable property of the defaulter including any holding of which he is a [bhumidhar] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.].

171. Arrest and detention.

(1)Any person committing default in payment of an arrear of land revenue may be arrested and detained in custody in the Tahsil lock-up and if there is no such lock-up, at such other place as may be prescribed, for a period not exceeding fifteen day, unless the arrears are sooner paid.

(2)Notwithstanding anything contained in sub-section (1) no person shall be liable to arrest or detention for an arrear of land revenue, where and for so long as such person -

(a)[ is a woman or a minor, or a senior citizen of 65 years or more, or a person as referred to in Section 95(1)(a);] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(b)belongs to the Armed Forces of the Union;

(c)is exempt under Section 133, 135 or 135-A of the Code of Civil Procedure, 1908.

(3)No person shall be detained in custody under this section, unless the officer issuing the arrest warrant has reason to believe that the process of detention will compel the payment of the whole or a substantial portion of the arrears.

(4)The officer issuing the arrest warrant may withdraw such warrant if the defaulter pays or undertake to pay the whole or substantial portion of the arrears and furnishes adequate security therefore.

(5)[ Notwithstanding anything contained in sub-section (1), no defaulter shall be arrested, unless the amount sought to be recovered exceeds fifty thousand rupees.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

172. Attachment and sale of movable property.

(1)The Sub-Divisional Officer may attach and sell movable properties of the defaulter including agricultural produce.

(2)The following properties shall be exempted from attachment under sub-section (1) and sale under sub-section (5), namely -

(a)the necessary wearing apparel, cooking, vessels, beds and bedding of the defaulter, his wife and children and such personal ornaments as, in accordance with the religious usage, cannot be parted with by any woman;

(b)tools of a village artisan and, if the defaulter is an agriculturist, his implements of husbandry (except an implement driven by mechanical power) and such cattle and seed as may in the opinion of the attaching officer be necessary to enable him to earn his livelihood as such;

(c)articles set apart exclusively for the use of religious worship.

Explanation-I. - For the purposes of this sub-section, the expression "agriculturist" means a person who cultivates land personally and who depends for his livelihood mainly on the income from agricultural land.Explanation-II. - For the purposes of Explanation-I a person shall be deemed to cultivate land personally, if he cultivates land -

(a)by his own labour;

(b)by the labour of any member of his family; or

(c)by servants or labourers on wages payable in cash or in kind or both.

(3)Where any movable property is attached by actual seizure and the defaulter furnishes security to the satisfaction of the attaching officer, the property so attached shall be left in the custody of the defaulter. In case the defaulter is not available at the time of the attachment or if he is available but fails to furnish security to the satisfaction of the attaching officer, the attached property may be left in the custody of any responsible person who is willing to undertake its custody :Provided that in the case of live-stock, it may be removed to the nearest pound if neither the defaulter furnishes such security nor any responsible person is willing to undertake its custody.

(4)The person who undertakes the custody of any movable property under sub-section (3) shall execute a bond (supurdnama) in the prescribed form (which shall be exempt from stamp duty) and shall preserve and maintain such property and produce it whenever required. The supurdar shall be liable for all damages or loss caused to the property given in his custody or for failure to produce it when required. Such damages or loss shall be determined by the Sub-Divisional Officer and shall be recoverable from the supurdar as arrears of revenue.

(5)If the amount of arrears is not paid within a period of thirty days from the date of attachment of movable properties under this section, the Sub-Divisional Officer may sell the same in the manner prescribed.

173. Attachment of bank account and locker of the defaulter.

- The attachment of any bank account of the defaulter shall, so far as possible, be made by serving a garnishee order on the Manager in charge of the branch of the bank concerned in the manner laid down in Rules 46, 46-A and 46-B of Order XXI contained in the First Schedule to the Code of Civil Procedure, 1908, and in the case of a locker hired by the defaulter, the same shall be sealed in the presence of such Manager who shall, thereafter, await further orders of the Sub-Divisional Officer regarding preparation of inventory of its contents and their ultimate disposal.

174. Attachment of holding.

(1)The [Collector] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] may attach any land in respect of which any arrears of land revenue is due.

(2)Where the amount of arrears in respect of which attachment was made under sub-section (1) is paid, such attachment shall withdrawn.

(3)If the amount of arrears is not paid within a period of thirty days from the date of such attachment, the Collector may proceed in accordance with the provisions of Section 175 or Section 176, as the case may be.

175. Lease of holding.

(1)Where any land is attached under Section 174 the [Collector] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] may, notwithstanding anything contained in the 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 to 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 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 anyone 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.

176. Sale of holding.

(1)Where a suitable person is not forthcoming to take on lease the land attached under Section 174, or where the lease of such land is determined under Section 175, the [Collector] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] may sell the whole or any part of such land in such manner as may be prescribed appropriate the sale proceeds in accordance with Section 200.

(2)The [Collector] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] shall report to the [Board of Revenue] [Substituted 'Collector' by U.P. Act No. 4 of 2016, dated 11.3.2016.] every sale of land under sub-section (1).

177. Attachment and sale of other immovable property.

- Notwithstanding anything contained in any law for the time being in force, the Collector may realize any arrears of land revenue by attachment and sale of the interest of a defaulter in any other immovable property belonging to such defaulter :Provided that the house or other building (with materials and sites thereof) and the land immediately appurtenant thereto belonging to agriculturist and occupied by him shall be exempted from attachment of the section.Explanation. - For the purposes of this section, the expression 'agriculturist' shall have the meaning assigned to it in Section 172.

178. Appointment of receiver.

(1)Where any arrear of land revenue is due from any defaulter, the Collector may by order -

(a)appoint, for such period as he may deem fit, a receiver of any movable or immovable property of the defaulter;

(b)remove any person from the possession or custody of the property and commit the same to the possession, custody or management of the receiver;

(c)confer upon the receiver all such powers as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits and the execution of documents, as the defaulter himself has, or such those powers as the Collector thinks fit.

(2)Nothing in this section shall authorise the Collector to remove from the possession or custody of property of any person to whom the defaulter has not present a right to remove.

(3)The Collector may, from time to time, extend the duration of appointment of the receiver.

(4)No order under sub-section (1) or sub-section (3) shall be made except after giving notice to the defaulter to show cause, and after considering any representation that may be received by the Collector in response to such notice :Provided that an interim order under sub-section (1) or sub-section (3) may be made at any time before or after the issue of such notice:Provided further that where an interim order is made before the issue of such notice, the order shall stand vacated, if no notice is issued within two weeks from the date of the interim order.

(5)The provision of Rules 2 to 4 of Order XL contained in the First Schedule to the Code of Civil Procedure, 1908 shall mutatis mutandis apply in relation to a receiver appointed under this section.

(6)The receiver shall function subject to the control of Collector and furnish such information, returns or statements as the Collector may deem fit.

(7)The Collector may by order passed in writing and without assigning any reason, remove any receiver at any time before the expiry of the term of such receiver and appoint any other person as receiver in his place, if he is satisfied that continuance of that receiver shall not be desirable or expedient on ground of inefficiency; gross negligence, wilful default, disobedience, misconduct serious omission, or misappropriation of any property. A person removed from the receivership under this section shall not be entitled to claim any damages or compensation on the ground of his removal.

(8)The Collector shall have power to determine, after giving opportunity to the receiver, what loss, if any, has been caused by the wilful default, disobedience misconduct, serious omission or gross negligence of, or on account of any misappropriation by the receiver and to recover the amount of loss from receiver as an arrear of land revenue.

(9)The rent, profits or any other income from the property shall, after defraying the expenses of management including the remuneration of the receiver, be adjusted towards discharge of the arrears, and the balance, if any shall be paid to the defaulter.

(10)As soon as the arrears are discharged under sub-section (9) or otherwise, the Collector shall restore the property to the defaulter.

179. Procedure of recovery.

- For the purposes of collection of land revenue or other dues recoverable as arrears or land revenue, in accordance with this Chapter, the Recovery Officer shall follow such procedure as may be, prescribed.

180. Recovery of costs and collection charges.

(1)The costs of any of the processes mentioned in Sections 170 to 178 including costs of arrest and detention shall be such as may be prescribed.

(2)The State Government may impose collection charges at a rate, not exceeding ten percent of the amount due, as may be prescribed :Provided that no collection charges shall be payable if the amount due is paid before arrest of the defaulter or before sale or the attached property, as the case may be.

(3)Such costs and collection charges may be added to and be recoverable in the same manner as an arrear of land revenue.

181. Recovery proceedings against legal representatives etc.

(1)If at any time before or after the commencement of any proceedings for the recovery of any arrears of land revenue under this Chapter, the defaulter dies, the proceedings (except arrest and detention) may be commenced or continued against the legal representatives of the defaulter as if the legal representatives were themselves the defaulter :Provided that such legal representative shall be liable only to the extent of the property of the deceased which has come to his or her hands.

(2)Where any person has become surety for the amount due from the defaulter he may be proceeded against under this Chapter as if be were himself the defaulter.Attachment and sale of immovable properties

182. 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.

183. 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] [Substituted 'three months' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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.

184. 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] [Substituted 'the estimated value of such property' by U.P. Act No. 4 of 2016, dated 11.3.2016.];

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

(d)the encumbrances, if any;

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

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

(2)Where the area of the Land sought to be sold exceeds [5.0586 hectares] [Substituted '5.04 hectares' by U.P. Act No. 4 of 2016, dated 11.3.2016.], 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.

185. 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 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.

186. Sale when and by whom made.

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

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

(3)The Collector or the Assistant Collector 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.

187. 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.

188. 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 upto the amount for which the sale has been ordered, the Collector may order for bid upto the amount of such arrears.

189. Deposit by purchaser and re-sale on default.

(1)The person declared to be the purchaser shall be required to deposit immediately twenty five percent 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.

190. 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 resold; and

(b)the deposit made under Section 189 shall be forfeited to the State Government.

191. Auction sale of land held by Scheduled Caste or Scheduled Tribe.

- Where the right, title or interest of a person belonging to a Scheduled Caste or Scheduled Tribe in any land is sold by public auction under or in accordance with the provisions of this Code, and any other person belonging to such caste or tribe pays [an amount equal to the amount of the highest bid and a sum equal to one per cent amount of the purchase money for payment to the purchaser,] [Substituted 'an amount equal to the amount of the highest bid' by U.P. Act No. 4 of 2016, dated 11.3.2016.]within a period of thirty days from the date of such auction, then, notwithstanding anything contained in any other provision of this Code or any other law for the time being in force, the person so offering the amount shall be entitled to preference in the matter of sale over and above any person not belonging to such caste or tribe :Provided that if there are more persons than one making such deposit, bids shall be called from them on the spot, and the highest bidder shall be entitled to such preference.[Provided further that where the auction sale in favour of highest bidder is not confirmed due to the preference under this section, he shall be entitled to receive back the money deposited by him plus an amount equivalent to one per cent of such money deposited for that purpose.] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

192. Application to set aside sale on deposit of arrears.

(1)Any person whose holding or other immovable property has been sold under this Chapter-may, at any time within thirty days from the date of sale, apply to the Collector for setting aside the sale, on his depositing, in the office of the Collector or at the district treasury or sub-treasury -

(a)for payment to the purchaser, a sum equal to [one [per cent] [Substituted 'five per cent' by U.P. Act No. 4 of 2016, dated 11.3.2016.] of the purchase money; and

(b)for payment on account of the arrear, the amount specified in the sale proclamation, less any amount which may, since the date of such proclamation have been paid on account;

(c)The cost of the processes of sale including the collection charges, if any.

(2)If the amount has been deposited in accordance with sub-section (1) the Collector shall set aside the sale.

(3)Where a person has applied for setting aside the sale under this section, he shall not be entitled to make or prosecute an application under Section 193.

193. Application to set aside sale for irregularity.

(1)At any time within thirty days from the date of sale, the defaulter or the auction purchaser or any other person whose interests are affected by such sale, may apply to the Commissioner to set aside the sale on the ground of any material irregularity or mistake in publishing or conducting it.

(2)No sale shall be set aside under sub-section (1) unless the applicant proves to the satisfaction of the Commissioner that he has sustained substantial injury by reason of such irregularity or mistake.

(3)The order of the Commissioner under this section shall be final.

194. Confirmation of sale.

(1)On the expiration of thirty days from the date of sale, if no application is made under Section 192 or Section 193, or if such application has been made and rejected by the Collector or the Commissioner, as the case may be, the Collector shall, subject to the provisions of sub-section (2), confirm the sale.

(2)Where in a sale of immovable property made under this Chapter, the amount of purchase money -

(a)exceeds rupees fifty lakh; or

(b)[is less than the reserve price or the amount of arrears specified in the sale proclamation] [Substituted 'is less than the amount of arrears specified in the sale proclamation' by U.P. Act No. 4 of 2016, dated 11.3.2016.], then the Collector shall report the matter to the Commissioner, who may confirm the sale or may pass such order as he thinks fit.

(3)Every order of the Collector or the Commissioner under this section shall be final.

195. Setting aside of sale by Collector or Commissioner.

- Notwithstanding anything contained in Section 192, Section 193, Section 194, if the Collector or the Commissioner, as the case may be, has reason to believe that the sale of an immovable property made under this Chapter ought to be set aside he may, after notice to the auction purchaser to show cause, if any, set aside the sale for the reasons to be recorded in writing.

196. Bar of claims against in certain cases.

- If no application under Section 193 is made within the time specified therein, all claims regarding irregularity or mistake in publishing or conducting the sale shall be barred.

197. Refund of purchase money.

- Where the sale of any property is set aside under Section 192 or Section 193, the purchaser shall be entitled to receive back his purchase money plus in the case mentioned in section 192, an amount equivalent to five percent [one per cent] [Substituted 'five per cent' by U.P. Act No. 4 of 2016, dated 11.3.2016.] of such money deposited for that purpose by the defaulter.

198. Certificate of sale.

(1)After a sale has been confirmed in accordance with Section 194, the Collector shall grant to the purchaser a certificate, in the form prescribed, specifying the property sold and the name of the person who at the time of sale was declared to be its purchaser.

(2)The certificate, duly signed and sealed by the Collector shall be deemed to be a valid transfer of the property specified therein, and it need not be registered as a conveyance, except as provided in Section 89 of the Indian Registration Act, 1908.

(3)The property specified in the certificate shall be deemed to have vested in the purchaser on the date when it was sold, and not on the date when the sale was confirmed.

199. Certified purchaser to be put in possession.

(1)The Collector shall put the person declared to be the purchaser of such property into possession, and for that purpose, he may use or cause to be used such force as may be necessary.

(2)Nothing in this section shall authorise the Collector to remove from the possession of any property any person whom the defaulter had, before the issue of process, no present right to remove.

200. Application of sale proceeds.

- Where the sale of a property has been confirmed under Section 194, the proceeds of the sale shall be utilized in the following order -

(a)for meeting the cost of the process and the collection charges, if any;

(b)for payment of the arrears for the recovery whereof the property was sold;

(c)the balance, if any, shall be paid to the defaulter.

201. Summary ejectment of unauthorized occupants.

- Any person taking of retaining possession of- any land or other property attached, leased or sold under this Chapter otherwise than in accordance with the provisions of the said Chapter may be summarily ejected by the Collector who may use or cause to be used such force as may be necessary.

202. Bar of suits.

- Subject to the provisions of Section 203, no suit or other proceedings shall lie in any civil Court in respect of any assessment or collection of land revenue or the recovery of any sum recoverable as an arrear of land revenue.

203. Payment before suit.

- Whenever proceedings are taken under this Chapter against any person for the recovery of any arrear of land revenue, he may pay the amount claimed to the recovery officer, and upon such payment the proceedings shall be stayed, and the person against whom such proceeding were taken may, notwithstanding anything contained in any other provisions of this Code, sue the State Government in the civil Court for the recovery of amount so paid.

204. Other payments not to be a valid discharge.

- No payment on account of rent or other dues in respect of any land attached under this Chapter, made after such attachment, by the asami or any other person in possession thereof to any person other than the Revenue Officer authorised in this behalf shall operate as a valid discharge.

205. Applicability of the Chapter.

- The provisions of this Chapter shall apply to the recovery of all arrears of land revenue and all other sums recoverable as an arrear of land revenue whether due before or after the commencement of this Code.

Chapter XIII
Jurisdiction And Procedure Of Revenue Courts

206. 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 4 of the Third Schedule shall entertain any suit application or proceeding specified in Column 3 thereof.

(3)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.

207. First appeal.

(1)Any party aggrieved by a final order or decree passed in any suit, application or proceeding specified in Column 3 of the Third Schedule, may prefer a first appeal to the Court or officer specified against it in Column 5, where such order or decree was passed by a Court or officer specified against it in Column 4 thereof.

(2)A first appeal shall also lie against an order of the 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.

208. Second appeal.

(1)Wherein any suit, application or proceeding specified in Column 3 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 in Column 6.

(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 appeal against.

209. 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 V of this Code;

(b)granting or rejecting an application for condonation of delay under Section 5 of the Limitation Act, 1963;

(c)rejecting an application for review;

(d)granting or rejecting an application for stay;

(e)remanding the case to any subordinate Court; or

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

210. 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 subordinate revenue Court in which no appeal lies, or where an appeal lies but has not been preferred, 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 appeals 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.

(3)No application under this section shall be entertained after the expiry of a period of third days from the date of the order sought to be revised or from the date of commencement of this Code, whichever is later.

211. 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 fact of record;

(c)any other sufficient reason.

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

212. 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 subordinate 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 case himself or refer the same for disposal to any other Revenue Officer competent to decide such case or class of cases.

213. State Government to be necessary party in certain cases.

- Subject to the provisions of this Code or the rules made thereunder, the State Government shall be made a party to any suit instituted by or against the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or local authority under this Codes

214. 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 proceeding under this Code.

215. 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.

216. Service of notice.

- Any notice or other document required or authorised to be served under this Code may be served either -

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

217. 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 thereunder.

Chapter XIV
Miscellaneous

218. Power to exempt from the provisions of the Code.

- The State Government may by notification, exempt any land owned by it or by the Central Government of by any local authority from the application of all or any of the provisions of this Code, and may likewise, cancel or modify any such notification.

219. Delegation.

- The State Government may, by notification, delegate to the Board or any other officer or authority subordinate to it any of the powers conferred on it by this Code, other than the power to make rules, to be exercised subject to such restrictions and conditions as may be specified in the notification.

220. Power to enter upon land etc.

- Subject to such conditions or restrictions that may be prescribed, any officer appointed under this Code may enter at any time upon any land with such public servants as he considers necessary, for carrying out any of his duties under this Code, or any other law for the time being in force.

221. Right to inspect and obtain copies.

- All documents, statements, records and registers prepared or maintained under this Code or the rules framed thereunder shall be open to inspection during such hours and subject to such conditions and on payment of such fees as may be prescribed and arty person shall on payment of the prescribed fee, be entitled to obtain the certified copy of such document or any portion of any such document, statement record or register.

222. Computation of areas in certain districts.

- For the purposes of computing the area fixed under any of the provisions of this Code, one and a half hectares of land shall count as one hectare in the following areas :-

(a)Jhansi division;

(b)trans-Jamuna portions of Allahabad, Etawah, Agra and Mathura districts;

(c)District Sonbhadra;

(d)Tappa Upraudh and Tappa Chaurasi Balai (Pahar) of tehsil Sadar in district Mirzapur, and

(e)Pargana Sakteshgarh and the villages mentioned in the Fourth Schedule in hilly paths of Parganas Ahraura and Bhagwat of Tehsil Chunar of Mirzapur district.

223. Mode of recovery of fines etc.

- Any fee, fine, cost, expense, penalty or compensation payable to or recoverable by the State Government, a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority under this Code or any other law for the time being in force may, without prejudice to any other mode of recovery, be realised as if it were an arrear of land revenue.

224. Power to call for statement.

(1)Where any Revenue Officer considers it necessary for the enforcement of the provisions of this Code, it may call upon any tenure holder or any person in possession of any land to furnish within such time as may be specified, a statement containing the nature and extent of his interest in the land held or possessed by him as well as by members of his family.

(2)The tenure holder or other person referred to in sub-section (1) may also be called upon to disclose the name and address of any other person possessing any interest in such land including the nature and extent of such interest.

225. Protection of action taken in good faith.

(1)No officer or servant of the State Government shall be liable in any civil or criminal proceeding in respect of any act done or purporting to be done under this Code or any rules made thereunder, if the act was done in good faith and in the course of execution of the duties or the discharge of functions imposed by or under this Code.

(2)No suit or other proceeding shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions of this Code or by anything in good faith done or intended to be in pursuance of the provisions of this Code or any rules made thereunder.

Chapter XV
Penalties

226. Penalty for encroachment etc.

(1)Any person who -

(a)encroaches upon or causes any obstruction to the use of any public road (including chak road), path or common land of a village; or

(b)fails to comply with any order or direction made by the Sub-Divisional Officer under sub-section (1) of Section 23; or

(c)fails to comply with any order or direction made by the Tahsildar under Section 25 or Section 26; or

(d)fails to comply with any order made under Section 42 or Section 48;

shall be liable to a fine which in a case referred to in clause (a) shall not be less than five hundred rupees and not exceed two thousand rupees and in any other case shall not be less than one hundred rupees and not exceed five hundred rupees.

(2)Every person referred to in sub-section (1) may be required by the Sub-Divisional Officer or the Tahsildar, as the case may be to execute a personal bond for such sum not exceeding five thousand rupees as the officer concerned may deem fit for abstaining from the repetition of such act or failure.

227. Damages or destruction etc. of boundary marks.

(1)If any person wilfully destroys or injuries or without lawful authority removes any boundary marks lawfully erected under Chapter IV or under any other law for the time being in force, he may be ordered by the Tahsildar to pay such amount not exceeding one hundred rupees for each mark so destroyed, injured or removed, as may in the option of the Tahsildar be necessary to defray the expense of restoring the same and of rewarding the informant, if any.

(2)The recovery of damages under sub-section (1) shall not debar prosecution for any offence under the Indian Penal Code in respect of such destruction injury or removal.

228. Penalty for cutting or removing trees illegally.

(1)Every person who cuts, removes or otherwise appropriates any tree or any portion thereof which is the property of the State Government or any local authority or a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], without any authority there for shall be liable to pay the value thereof, which shall be recoverable from him in addition to any penalty to which he may be liable under the provisions of this Code for the occupation of the land or otherwise, and notwithstanding any criminal proceedings which may be instituted against him in respect of such cutting, removal or appropriation.

(2)The Collector may, at any time, direct the confiscation of any tree or portion thereof referred to in sub-section (1).

229. Penalty for not furnishing required statement or information etc.

- Every person who -

(a)fails to furnish any statement or information lawfully required under the provisions of this Code; or

(b)furnishes any statement or information which is false and which he has reasons to believe to be false; or

(c)obstructs the Collector or any other Revenue Officer or [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] in taking possession of any land in accordance with the provisions of this Code; or

(d)obstructs any officer or public servant in doing any of the acts specified in Section 220. Shall, on conviction, be liable to imprisonment which may extent to two years or with fine or with both.

Chapter XVI
Repeal And Savings

230. Repeal.

(1)The enactments specified in the First Schedule are hereby repealed.

(2)Notwithstanding anything contained in sub-section (1), the repeal of such enactments shall not affect -

(a)the continuance in force of any such enactment in the State of Uttaranchal.

(b)the previous operation of any such enactment or anything duly done or suffered there under; or

(c)any other enactment in which such enactment has been applied incorporated or referred to; or

(d)the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title or obligation or liability already acquired, accrued or incurred (including, in particular, the vesting in title State of all estates and the cessation of all rights, title and interest of all intermediaries therein), or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt penalty, obligation, liability, claim or demand, or any indemnity already granted or the proof of any past act or thing; or

(e)any principle or rule of law or established jurisdiction, form or course of pleading practice or procedure or existing usage, custom privilege, restriction, exemption, office or appointment :

Provided that anything done or any action taken (including any rules, manuals, assessments, appointments and transfers made, notifications, summonses, notices, warrants, proclamations issued, powers conferred leases granted, boundary marks fixed, records of rights and other records prepared or maintained, rights acquired or liabilities incurred) under any such enactment shall, in so far as they are not inconsistent with the provisions of this Code, be deemed to have been done or taken under the corresponding provisions of this Code, and shall continue to be in force accordingly, unless and until they are superseded by anything done or action taken under this Code.

231. Applicability of the Code to pending proceedings.

(1)Save as otherwise expressly provided in this Code, all cases pending before the State Government or any revenue Court immediately before the commencement of this Code, whether in appeal, revision, review or otherwise, shall be decided in accordance with the provisions of the appropriate law, which would have been applicable to them had this Code not been passed.

(2)All cases pending in any civil Court immediately before the, commencement of this Code which would under this Code be exclusively triable by a revenue Court; shall be disposed of by such civil Court according to the law in force prior to the date of such commencement.

232. Power to remove difficulties.

(1)The State Government may, for the purposes of removing any difficulty, particularly in relation to the transition from the provisions of the enactments repealed by this Code to the provisions of this Code, by a notified order, direct that the provisions of this Code shall during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission as it may deem necessary or expedient:Provided that no such order shall be made after two years from the date of commencement of this Code.

(2)Every order made under sub-section (1) shall be laid before both the Houses of the State Legislature, as soon as may be after it is made.

(3)No order made under sub-section (1) shall be called in question in any Court on the ground that no difficulty as is referred to in that sub-section existed or was required to be removed.

233. Rules.

(1)The State Government may by notification make rules for carrying out the purposes of this Code.

(2)With out prejudice to the generality of the foregoing power, such rules may also provide for -

(i)The terms and conditions of service of the Chairman and other members of the board;

(ii)Regulating the distribution of business of the Board and making territorial division of its jurisdiction;

(iii)Guide-lines for alteration, abolition or creation of revenue areas;

(iv)The procedure for demarcation of boundaries, the specification, construction and maintenance of boundary marks, levy and recovery of cost thereof;

(v)The procedure of preparation and maintenance of maps, documents, statements, records and registers under this Code, procedure for their inspection and supply of certified copies or extracts thereof;

(vi)The procedure for submission of reports about succession and transfer, by the registering authority to the Tahsildar and for revision of village records, including proceedings for mutation and correction of village records;

(vii)The procedure for preparation, supply and maintenance of Kisan, Bahi and matters connected therewith, including fees to be charged therefore;

(viii)The procedure regarding plantation of trees on the sides of public roads, paths or canals, and determination of disputes regarding trees in abadi and unoccupied land;

(ix)The protection, preservation and disposal of properties belonging to or vested in the State Government, [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority, including determination of compensation for damages misappropriation or wrongful occupation thereof;

(x)The principles for assessment of land revenue, including its variation, remission, suspension, and apportionment;

(xi)The procedure for collection of land revenue and other public moneys, and the matters connected with the execution of various, processes there for, including the fixation of costs and collection charges;

(xii)The procedure regarding fixation and commutation of rent, including circumstances in which the arrears of rent could be written off;

(xiii)The procedure for appointment of legal practitioners in litigation relating to a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or a Bhumi Prabandhak Samiti, and the terms and conditions of such appointment;

(xiv)The procedure relating to the conduct and prosecution of suits, appeals and other proceedings, including the procedure of conducting various inquirers under the provisions of this Code;

(xv)The procedure for granting lease by the Collector; cancellation of such lease and eviction of unauthorised occupants from the land belonging to the State Government, [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] and local authority;

(xvi)The procedure regarding allotment of land entrusted to the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], restoration of possession to the allottee and cancellation of such allotment;

(xvii)The duties of any officer authority having jurisdiction under this Code and the procedure to be followed by him;

(xviii)Imposition of limits of time within which any act specified under this Code has to be performed;

(xix)I he fees to be paid in respect of suits, appeals, applications and other proceedings under this Code;

(xx)The regulation of fishing in rivers, lakes, ponds and tanks entrusted to a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority;

(xxi)The regulation of pasture lands, cremation or burial grounds, and catching, hunting and shooting of animals and birds in villages;

(xxii)Any other matter for which rules are required to be or may be made under this Code.

(3)The rules and orders made by the State Government or the Board before the commencement of this Code, under any of the enactments repealed and in force on the date of such commencement, shall except to the extent of inconsistency with the provisions thereof, continue be in force, until they are rescinded altered or substituted in accordance with the provisions of this Code.

(4)It shall be lawful for the State Government in making rules under this section, to prescribe that any person committing a breach of the same shall in addition to any other consequences that would ensue from such breach, be punishable with such fine not exceeding one thousand rupees as the officer or authority specified for the purpose may deem fit to impose.

234. Regulations.

(1)Subject to the provisions of this Code and the rules made thereunder, the Board may, with the previous approval of the State Government, make regulations -

(a)governing the procedure of the revenue Courts and the revenue officers in respect of suits, applications and proceedings under this Code;

(b)containing directions for the preparation, maintenance and supervision of land records and matters connected therewith;

(c)prescribing the duties of Tahsildars and Naib-Tahsildars and regulating their posting, transfers and their appointment in temporary vacancies.

(2)All regulations made in accordance with sub-section (1) shall have the force of law.

(3)The Revenue Court Manual and the Land Records Manual in force on the date of commencement of this Code, shall continue to remain in force until amended rescinded or replaced by any regulations made under this section.First Schedule(See Sections 2 and 230)List-AEnactments of general application

Serial No.	Name of the enactments repealed
1	2

1. The United Provinces Revenue Officers Regulation, 1803

2. The Bengal indigo Contracts Regulation 1823 (Bengal Regulation No. 6 of 1823)

3. The Bengal Indigo Contracts Regulation Act, 1830 (Bengal Regulation No. 5 of 1830)

4. The Bengal Land Revenue (Settlement and Deputy Collectors) Regulation, 1833 (Bengal Regulation No. 9 of 1833)

5. The Bengal Indigo Contracts Act, 1836 (Act No. 10 of 1836)

6. The Bundelkhand Alienation of Land Act, 1903 (Act No. 2 of 1903)

7. Benares Family Domains Act. 1904 (Act No. 3 of 1904)

8. Uttar Pradesh Merged States (Application of Law) Act, 1950 (Act No. 8 of 1950)

9. Dudhi Robertsganj (District Mirzapur) Agriculturists Debts Relief Act, 1951 (UP Act 32 of 1951)

10. The United Provinces Land Revenue Act, 1901

11. The Pargana of Kaswar Raja Act, 1911

12. The Pargana of Kaswar Raja Act, 1915

13. The Gorakhpur Goraits Act, 1919

14. The United Provinces Board of Revenue Act, 1922

15. The U.P. Abatement of Rent Suits Act, 1938

16. The U.P. Hindu Women's Right to Property (Extension to Agricultural Lands Act, 1942

17. The U.P. Village Abadi Act, 1947

18. The U.P. Agricultural Tenants (Acquisition of Privileges) Act. 1949

19. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950

20. The Rampur Stay of Ejectment Suits and Proceeding Act, 1951

21. The U.P. Commutation of Rent (Regulation of Proceedings) Act, 1952

22. The U.P. Stay of Suits and Proceedings (Mirzapur) Act, 1952

23. The Uttar Pradesh Land Reforms (Supplementary) Act, 1952

24. The Rampur Thekedari and Pattedart Abolition Act, 1953

25. The Uttar Pradesh Urban Areas Zamindari Abolition and land Reforms Act, 1956

26. The Uttar Pradesh Land Reforms (Evacuee Land) Act, 1957

27. The Uttar Pradesh Government Estates Thekedari Abolition Act, 1958

28. The U.P. Recovery of Government Dues (Acquired Estate and Determined Leases) Act, 1960

29. The U.P. Malguzari Tatha Lagan Par Apatik Adhibhar Adhiniyam, 1965

30. The Uttar Pradesh Board of Revenue (Regulation of Procedure) Act, 1966

31. The Uttar Pradesh Government Estates Thekedari Abolition (Re-enactment and Validation) Act, 1970

32. The Uttar Pradesh Land Tenures (Regulation of transfer) (Re-enactment and Validation) Act, 1972

List-BEnactments having special reference to territories now comprised in the State of Uttaranchal

1. Almora Honorary Assistant Collector's Decrees, and Orders Validating Act, 1938.

2. Jaunsar Bawar Security of Tenure and Land Records Act, 1952

3. Kumaun Agricultural Lands (Miscellaneous Provision) Act, 1954

4. Jaunsar-Bawar Pargana (District Dehradun) Revenue Officials (Special Powers) Act, 1958

5. Jaunsar Bawar Zamindari Abolition and Land Reforms Act, 1956

6. Kumaun and Uttarakhand Zamindari Abolition And land Reforms Act, 1960

7. Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975

Second Schedule[See Sections 206 (2)(a)]Matters excluded from the jurisdiction of the Civil Court

1. Any question regarding the demarcation of boundaries of fixing of boundary marks.

2. Any claim to question a decision determining abadi made by the Collector.

3. Any claim to have any entry made in any revenue records or to have any such entry omitted, amended or substituted.

4. Any question regarding the assessment remission or suspension of land revenue or rent.

5. Any claim connected with or arising out of the collection by the State Government or the enforcement by such Government of any process for the recovery of land revenue or any sum recoverable as an arrear of land revenue under this Code or any other law for the time being in force.

6. Any claim against the vesting of any property In the State Government, [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority under this Code.

7. Any question relating to the levy or imposition of a fine, cost, expense, charge, penalty or compensation under this Code.

8. Any question regarding re-instatement of a bhumidhar or asami wrongful ejected or dispossessed from any land.

9. Any claim to compel the performance of any duty imposed by this Code on any Revenue Officer appointed under this Code.

10. Any question, relating to division, creation, amalgamation, abolition or re adjustment of revenue areas and Lekhpal's circles under Chapter II.

11. Any question relating to the allotment of land referred to in Section 65 or Section 130 or cancellation of such allotment.

12. Any claim to question a direction issued by the Collector under Section 72.

13. Any claim to question the delivery of possession over any land and part thereof referred to in Section 129, or the eviction of any person under Section 139 or Section 204.

14. Any claim to question the validity of any order made by the State Government under Chapter XI.

15. Any claim regarding possession over any land.

16. Any claim to establish the rights of a co-tenure- holder in respect of any land.

Third Schedule(See Sections 206, 207 and 208)

Section	Description of suit application or proceedings	Court or Officer of original jurisdiction	First Appeal	Second Appeal
1	2	3	4	5
24	Boundary and boundrary marks	Sub-Divisional Officer	Commissioner	-
35	Mutation cases	Tehsildar	Sub-Divisional Officer	Commissioner
54, 56, 57	Disputes relating to trees	Collector	Commissioner	-
67	Eviction of illegal occupier from land of[Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.]	Sub-Divisional Officer	Commissioner	-
82(2)(c)	Suit for ejectment by a bhumidhar against the person in possession of any land on the basis of a contract or lease	Sub Divisional Officer	Commissioner	Board
85(1)	Suit for ejectment by[Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.]against a bhumidhar with non-transferable rights	Do	Do	Do
85(2)	Suit for ejectment by a land holder against an asami	Do	Do	Do
96(2)	Suit for partition by a disabled co-sharer	Do	Do	Do
116	Suit for division of a holding	Do	Do	Do
131(1)	Suit for ejectment of an asami	Do	Do	Do
131(4)	Suit for recovery of arrears or rent against an asami	[Sub-Divisional Officer] [Substituted 'Tahsildar' by U.P. Act No. 7 of 2019, dated 2.8.2019.]	Collector	Nil
133	Suit for injunction, compensation etc.	[Sub-Divisional Officer] [Substituted 'Tahsildar' by U.P. Act No. 7 of 2019, dated 2.8.2019.]	Collector	Nil
134	Suit for ejectment against a person occupying land without title or for damages or for both	Sub-Divisional Officer	Commissioner	Board
137(1)	Suit for possession, compensation or injunction	Do	Do	Do
139(1)	Application for fixation of rent	Tahsildar	Sub-Divisional Officer	Nil
141(1)	Application for commutation of rent	Sub-Divisional Officer	Collector	Nil
144	Suit for declaration by bhumidhar or asami	Do	Commissioner	Board
145	Suit for declaration by[Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.]	Do	Do	Do
151(1)	Suit by a Government lessee for ejectment or for damages or both	Do	Do	Do

Note. - The suits appearing in the entries relating Section 82(2)(c) to Section 131(1), Section 134 and 137(1) and Section 139(1) to Section 151(1) may be heard and decided also by any Assistant Collector, First Class (other than the Sub-Divisional Officer) to whom the case may be transferred by general or special order of the collector.Fourth Schedule(See Section 222)

List - AList of villages of Pargana Ahraura
1. Amdih	2. Baghor	3. Baghri
4. Bantara	5. Bat	6. Bhawanipur
7. Dhotwa	8. Ghurahi	9. Khamalhria
10. Khan Arzampur	11. Kutlupur	12. Lohra
13. Maddhupur	14. Majhui	15. Mubarakpur
16. Magnar Haraiya	17. Pavahi	18. Sukrut
19. Takia
List - BList of villages of argana Bhagwat
1. Ban Imlis	2. Jargal Mahal
3. Semra Barho	4. Nibia
5. Rampur Barho	6. Sonbarsa

Legal Document View

Unlock Advanced Research with PRISMAI

State of Uttar Pradesh - Act