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[Cites 0, Cited by 0] [Section 2] [Entire Act]

State of Madhya Pradesh - Subsection

Section 2(1) in The M.P. Land Revenue Code, 1959

(1)In this Code, unless there is anything repugnant to the subject or context,-
(a)[ "abadi" means the area reserved from time to time in a village for the residence of the inhabitants thereof or for purposes ancillary thereto, and any other cognate variation of this expression such as "village site" or "gaonsthan" shall also be construed accordingly;] [Substituted by M.P. Act No. 23 of 2018]
(b)"agriculture" includes -
(i)the raising of annual or periodical crops including betel leaves (Pan) and waternuts (singhara) and garden produce;
(ii)horticulture;
(iii)the planting and upkeep of orchards; and
(iv)the reserving of land for fodder, grazing or thatching grass;
(v)[ the use of land for poultry, fisheries or animal husbandry in an area situated more than five kilometres away from the periphery of urban areas;] [Inserted by M.P. Act No. 22 of 2003 (w.e.f. 21 -4-2003).]
(c)"agricultural year" means the year commencing on the first day of July or such other date as the State Government may, by notification, appoint;
(d)"Board" means the Board of Revenue constituted under Section 3;
(e)"bonafide agriculturist" means a person who cultivates land personally or who may reasonably be expected to cultivate personally;
(f)"co-operative society" means a society registered as such under any law relating to Co-operative Societies in force for the time being in any region of the State;
[(f-1) "development plan" shall have the same meaning as assigned to it in the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);] [Inserted by M.P. Act No. 23 of 2018.]
(g)"Government forest" means a forest constituted as a reserve forest or protected forest in accordance with the provisions of the Indian Forest Act, 1927 (XVI of 1927);
(h)"Government lessee" means a person holding land from the State Government under Section 181;
(i)[ "holding" means a parcel of land separately assessed to land revenue and held under a tenure;] [Substituted by M.P. Act No. 23 of 2018.]
(j)"improvement" means with reference to a holding, 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 the 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 alterations therein or additions thereto;
but does not includes-
(a)temporary wells and such water channels, embankments, levelling, enclosures or other works or petty alterations in or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture; or
(b)any work which substantially diminishes the value of any land, wherever situated, in the occupation of any other person, whether as bhumiswami or occupancy tenant;
Explanation.-A work which benefits several holdings may be deemed to be an improvement with respect to each of such holdings;
(k)"land" means a portion of the earth's surface whether or not under water; and, where land is referred to in this Code, it shall be deemed to include all things attached to or permanently fastened to any thing attached to such land;
(l)"landless person" means a person who is bonafide agriculturist and who whether individually or jointly with other members of his family hold no lands or land less than the area which may be prescribed in this behalf;
Explanation.-For purposes of this clause the family of a person shall be deemed to consist of his spouse, issue and parents.
(m)"land records" means records maintained under the provisions of this Code;
[(m-1) "land revenue" means all moneys payable to the State Government for holding land and includes premium, rent, lease money, quit rent or any other cognate variation of these expressions;] [Inserted by M.P. Act No. 23 of 2018]
(n)"legal practitioner" means any person entitled to practice in any of the Courts in Madhya Pradesh under the [Legal Practitioners Act, 1879 (XVIII of 1879),] [See now Advocates Act, 1961 (No. 25 of 1961).] or under any other law for the time being in force;
(o)"mango grove" means mango trees planted in such numbers that they preclude or when full grown are likely to preclude the land on which they stand or any major portion thereof from being used primarily for any purpose other than planting of trees;
(p)"orchard" means fruit trees planted in such numbers than they preclude or when full grown are likely to preclude the land on which they stand or any major portion thereof from being used primarily for any purpose other than planting of trees;
(q)[ "plot number" means the number assigned to a portion of land formed into or recognised as a plot number under this Code;] [Substituted by M.P. Act No. 23 of 2018]
(r)"recognised agent" in reference to a party to a proceeding under the Code means-
(i)a person authorised under a power of attorney by such party to make appearance and applications and to do other acts on his behalf in such proceedings; and
(ii)a person authorised in writing by such party to make appearance on his behalf in such proceedings;
(s)"region" means the Mahakoshal region, the Madhya Bharat region, the Bhopal region, the Vindhya Pradesh region and the Sironj region, or any of these, as the case may be;
(t)"rents" means whatever is paid or is payable in money or in kind-
(i)[***] [Omitted 'by an occupancy tenant to his bhumiswami according to the provisions of Section 188 or' by M.P. Act No. 23 of 2018] by a lessee to his bhumiswami. on account of the use or occupation of land held by him from such bhumiswami; or
(ii)by a Government lessee to the Government on account of the use or occupation of land leased out to him by the Government;
(u)"Revenue Officer" in any provision of this Code means such Revenue Officer as the State Government may, by notification, direct to discharge the functions of a Revenue Officer under that provision;
(v)"revenue year" means the year commencing on such date as the State Government may, in the case of any special local area, by notification, appoint;
[(v-1) "sector" means any tract of land in urban area formed into or recognised as a sector under the provisions of this Code; [Inserted by M.P. Act No. 23 of 2018](v-2) "service land" means such land in a non-urban area which is given to a kotwar for the purpose of agriculture during his tenure of post;]
(w)"sub-division of a survey number" means a portion of a survey number in respect of which the area and the land revenue payable are separately entered in the land records under an indicative number subordinate to that of the survey numbers of which it is a portion;
(x)[ "survey number" means the number assigned to a portion of land formed into or recognised as a survey number under this Code and entered in the land records under an indicative number known as the khasra number;] [Substituted by M.P. Act No. 23 of 2018]
(y)[ ***] [Deleted '(y) 'tenant' means a person holding land from a bhumiswami as an occupancy tenant under Chapter XIV;' by M.P. Act No. 23 of 2018]
(z)"tenure-holder" means a person who holds land from the State Government and who is or is deemed to be bhumiswami under the provisions of this Code;
(z-1) "timber trees" means trees of the following species, namely :-
(i)Tectona grandis (sagwan);
(ii)Pterocarpus Marsumpium (bija);
(iii)Dalberia latifolia (shisham);
(iv)Shorea robusta (sal);
(v)tinsa;
(vi)Terminalia tomentosa (ain or saj);
(vii)Santalumalbam (Chandan);
(viii)[ Adina Cordifolia (Haldu); [Inserted by M.P. Act No. 19 of 2001 (w.e.f. 27-9-2001).]
(ix)Mitragyna Parviflora (Mundi);
(x)Terminalia Arjuna (Arjun);
(xi)Diaspyrous melaxylon (Tendu);
(xii)Gmelina arborea (Khamhar).]
(z-2) "to cultivate personally" means to cultivate on one's own account-
(i)by one's own labour; or
(ii)by the labour of any member of one's family; or
(iii)by servants on wages payable in cash or kind but not in crop share; or
(iv)by hired labour under one's personal supervision or the personal supervision of any member of one's family;
[(z-3) "unoccupied land" means the land other than the abadi or service land, or the land held by a Bhumiswami or a Government lessee;] [Substituted by M.P. Act No. 23 of 2018](z-4) "urban area" means the area for the time being included within the limits of any municipal corporation or any municipality or notified area constituted under any law for the time being in force relating to municipalities or any village or group of villages which may be specified by the State Government as urban area; and the expression "non-urban area" shall be construed accordingly;[(z-5) "village" means any tract of land in a non-urban area which, before the corning into force of this Code, was recognized or was declared as a village under the provisions of any law for the time being in force and any other tract of land in a non-urban area which is recognized as a village at any land survey or which the State Government may, by notification, declare to be a village.] [Substituted by M.P. Act No. 23 of 2018]