Q. 11. Write short notes on the following:
(a) Commissioner and Additional Commissioner
(b) Revenue Inspector and Lekhpal
Ans. (a) Commissioner and Additional Commissioner. Section 11 of the U.P. Revenue Code deals with the appointment and powers of the Commissioners and Additional Commissioners.
According to Section 11(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.
Section 11(2) says that the State Government may appoint one or more Additional Commissioners in one or more Divisions.
Section 11(3) lays down that the 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.
According to Section 11(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.
According to Section 11(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 onl 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.
(b) Revenue Inspector and Lekhpal. According to Section 16(1) of the Code, the Collector may appoint in each tahsil one or more Revenue Inspectors 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.
Section 16(2) of the Code provides that 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.
Q. 12. State briefly the procedure for settlement of boundary disputes under the U.P. Revenue Code, 2006.
Ans. Procedure for settlement of boundary disputes. According to Section 20(1) of the Code, boundaries of all villages in the State and of all survey numbers in a village shall be fixed and demarcated by boundary marks.
Section 20(2) lays down that the boundary marks shall, subject to the provisions hereinafter contained in Chapter IV of the Code, be of such specifications and shall be constructed and maintained in such manner as may be prescribed.
Obligation regarding maintenance and repair of boundary marks. According to Section 21(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.
Section 21(2) provides that the Gram Panchayat shall be responsible to maintain and repair at its cost the boundary marks, other than those mentioned in sub-section (1), lawfully erected in the villages situate within its jurisdiction.
Destruction etc. of boundary marks. Section 22(1) makes it clear that 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.
According to Section 22(2), the Naib-Tahsildar shall make an inquiry in respect of such report and shall submit his recommendation to the Sub-Divisional Officer.
Power to require erection, repair or renewal of boundary marks. According to Section 23(1), the Sub-Divisional Officer may, on receipt of the recommendations of the Naib-Tahsildar under Section 22, or otherwise, require a Gram Panchayat in relation to a village and a 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.
Section 23(2) lays down that where the Gram Panchayat 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 or the tenure-holder in the manner prescribed.
Disputes regarding boundaries. According to Section 24(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 maps or, where they have been revised in accordance with the provisions of the Uttar Pradesh Consolidation of Holdings Act, 1953, on the basis of such maps, but if this is not possible, the boundaries shall be fixed on the basis of actual possession.
Section 24(2) provides that 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.
According to Section 24(3), every proceeding under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within three months from the date of the application.
According to Section 24(4), any person aggrieved by the order of the Sub-Divisional Officer may prefer an appcal before the Commissioner within thirty days of the date of such order. The order of the Commissioner shall, subject to the provisions of Section 210, be final.
Rights of way and other easements. According to Section 25 of the Code, in the event of any dispute arising arisi 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 as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed.
Q. 13. Write short notes on the right of way and other easements.
Ans. Rights of way and other easements. Section 25 of the U.P. Revenue Code, 2006 deals with right of way and other easements. Section 25 lays down that 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 as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed.
Section 28 of the Code lays down that 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.
Q. 14. What is village? What do you mean by list of villages under the U.P. Revenue Code, 2006? Explain.
Ans. Village.- According to Section 4(20) of the Code, ‘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.
List of villages. According to Section 29(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.
Section 29(2) says that the register shall be revised every five years or at such longer intervals as may be prescribed.
Q. 15. Write short notes on the following:
1. Khasra or Field Book
2. Record of Rights
3. Annual Register
4. Correction of Records
Ans. (1) Khasra or Field Book. Section 30 of the U.P. Revenue Code, 2006 deals with Khasra or Field Book. This book has details of the fields mentioned in the village map. Section 30(1) of the Code lays down that 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).
Section 30(2) says that the minjumla number shall be divided physically in the manner prescribed and revenue records including map and khasra shall be corrected accordingly.
(2) Record of Rights. There is a record of rights (khatauni) for each village. Section 31(1) of the Code lays down that 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 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 or a local authority;
(e) such other particulars as may be prescribed.
According to Section 31(2) of the Code, shares of the co-tenure holders shall be determined in the manner prescribed.
(3) Annual Register.- Khatauni is also known as annual register.
(4) Correction of Records. Section 32 of the U.P. Revenue Code, 2006, which deals with correction of records, is as follows:
“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 errors proved to have been made in the records previously prepared:
Provided that order for correction in map shall be passed by the Collector.
(2) No application for correction of error under sub-section (1) wherein claim is based solely on possession as well as involving intricate question of title shall be maintainable.”
U.P. Revenue Code, 2006 does not expressly provide for the procedure for correction of errors in the village map or khasra. Section 38 which lays down provision for correction of errors and omission reads as follows:
“Correction of error and omission.- (1) An application for correction of any error or omission in the map, filed-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 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 Tahsildar. or before the
(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.
(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.
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.
Q. 16. Discuss the procedure for mutation of names in the revenue records under the U.P. Revenue Code, 2006.
Ans. Mutation. Mutation is the change of ownership from one person to another. By mutating a property, the new owner gets the property recorded in the name in the land revenue record. Procedure of mutation of names is followed when there is change in the ownership of land. The change may come into effect in two ways-
1. by an heir under Section 33, and
2. by transfer under Sections 34, 35 and 36.
By succession. Section 33 of the U.P. Revenue Code, 2006 deals with mutation in cases of succession, and provides procedure for change or mutation of name in such cases.
Section 33(1) lays down that 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.
Section 33(2) says that 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;
According to Section 33(3) of the Code, any person whose name has not been recorded by Revenue Inspector or who is aggrieved by the order passed by the Revenue Inspector under clause (a) or (b) of sub-section (2) may move an application before Tahsildar.
Section 33(4) is to the effect that 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.
By transfer under Sections 34, 35 and 36. Section 34(1) lays down that 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 is situate.
Explanation. For the purposes of this section, the word ‘transfer’ includes a family settlement.
According to Section 34(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.
According to Section 35(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 to be necessary and-
(a) if the case is not disputed, he shall direct the record of rights (Khatauni) to be amended accordingly;
(b) (deleted);
(c) if the case is disputed, he shall decide the dispute and direct, if necessary, the record of rights (khatauni) to be amended accordingly.
Section 35(2) says that 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.
According to Section 36(1), 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 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.
Section 36(2) lays down that, 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-todate in respect of the land to which such order relates has been deposited.
Q. 17. Discuss the procedure for revision of maps and records under the U.P. Revenue Code, 2006.
Ans. Procedure for revision of maps and records. Under Section 43 of the U.P. Revenue Code, 2006, the State Government has power for revision of land records as well as to make order for survey of the land. Section 43(1) says that 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.
According to Section 43(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.
Under Section 43(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.
According to Section 49(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.
Under Section 49(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).
Section 49(3) lays down that 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.
Sub-section (4) of Section 49 is to the effect that 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).
Under Section 49(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 order on the basis of such conciliation.
According to Section 49(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.
Section 49(7) lays down that where after the summary inquiry under sub-section (6), the Assistant Record Officer is satisfied that the land in dispute belongs to the State Government or a local authority, he shall cause the person in unauthorized occupation of such land to be evicted and may, for that purpose, use or cause to be used such force as may be necessary.
According to Section 49(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 and every order of the Record Officer on such appeal shall, subject to the provisions of Section 210, be final.
Q. 18. What are the provisions of Record Officer and Assistant Record Officer under the U.P. Revenue Code, 2006. Explain the powers and duties of Record Officer.
Ans. Record Officer and Assistant Record Officer. According to Section 44(1), the State Government may appoint a Record Officer who shall be in-charge of the record operation or the survey operation or botlı and may also appoint as many Assistant Record Officers as it may deem fit.
Section 44(2) of the Code says that the Assistant Record Officer shall, for so long as the notification under sub-section (1) or sub-section (2) of Section 43 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.
Section 45 of the Code deals with power of Record Officer during record or survey operation. It says that 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.
Section 46 of the Code deals with revision of records during record operation. According to this section, 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.
Section 47 of the Code provides for revision of records during survey operation. According to this section, 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.
Section 48 mentions powers of Record Officer regarding erection of boundary marks. According to this section, when any local area is under survey operation the Record Officer may issue a proclamation directing all Gram Panchayat and Bhumidhars to erect, within fifteen days such boundary marks, as he may think necessary to define the limits of the villages 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 Panchayats or Bhumidhars concerned.
Section 49 deals with procedure of revision of maps and records. According to Section 49(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.
Section 49(2) provides that 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 rig and liabilities in relation to land and mistakes and disputes discovered during the operations mentioned in sub-section (1).
Section 49(3) is to the effect that 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.
According to Section 49(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).
Section 49(5) says that 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 order on the basis of such conciliation.
Section 49(6) lays down that 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.
According to Section 49(7), where after the summary inquiry under sub-section (6), the Assistant Record Officer is satisfied that the land in dispute belongs to the State Government or a local authority, he shall cause the person in unauthorized occupation of such land to be evicted and may, for that purpose, use or cause to be used such force as may be necessary.
According to Section 49(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 and every order of the Record Officer on such appeal shall subject to the provision of Section 210, be final.
Section 50 provides for finalisation of record of rights. According to this Section, 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.
Section 51 makes provision for preparation of new record of rights. This section lays down that 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 in Section 50 and the records so prepared shall be maintained by the Collector in place of the records previously existing.
According to Section 52, the provisions of Chapter VI 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.
The provisions of Chapter VI shall, mutatis mutandis, apply to record operation and survey operation of abadi or village abadi.
According to Section 53, all entries in the record of rights (Khatauni) prepared in accordance with the provisions of Chapter VI shall be presumed to be true until the contrary is proved.
Q. 19. What do you mean by land? Explain the subject of ownership by land under the U.P. Revenue Code, 2006.
Ans. Land. Elaborate provision has been made with respect to title or ownership of land under U.P. Revenue Code, 2006. According to definition of land given in Section 4(14) of the Code, ‘land’, except in Chapters VII and VIII and Sections 80, 81 and Section 136, means land held or occupied for purposes connected with agriculture.
Section 54 provides for title of State on certain lands etc. According to this Section all public roads, lanes and paths, bridges, ditches, dykes and fences on or beside 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 insofar 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.
Proviso to Section 54 lays down 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.
Q. 20. Write short notes on the following:
1. Mines and Minerals
2. Rights in trees
3. Fruit bearing trees
Ans. (1) Mines and Minerals. Section 55 of the U.P. Revenue Code, 2006 deals with mines and minerals. According to Section 55(1), notwithstanding anything contained in this Code, the right to operate or work in any mine or to extract any mineral therefrom shall be governed by the Mines and Minerals (Development and Regulations) Act, 1957.
According to Section 55(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 in force on the date of such commencement.
(2) Rights in trees. According to Section 56(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.
Sub-section (2) of this Section lays down that 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.
According to Section 56(3), all trees in abadi or in any unoccupied land belonging to or held by any person immediately before the date of commencement of this 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 made under this Code.
Sub-section (4) of Section 56 says that 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.
According to the explanation given in Section 56, lays down that 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.
(3) Fruit bearing trees. According to Section 57(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 any 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 representative shall be entitled to the fruits of such trees without payment of any charges whatsoever.
Section 57(2) says that 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 authorised by the State Government in this behalf, and the provisions of sub-section (1) shall apply to the trees so planted.
Under Section 57(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 on the corpus of such tree or in the land on which it stands.
Q. 21. Discuss the provision of the U.P. Land Revenue Code, 2006 with respect to the entrustment of land etc. by the State Government to Gram Panchayats and other local authorities.
Ans. Entrustment of land etc. to Gram Panchayats and other local authorities. Section 59 of the U.P. Revenue Code, 2006 deals with entrustment of land to Gram Panchayats and other local authorities. According to Section 59(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 or other local authority for the purposes of superintendence, preservation, management and control in accordance with the provisions of this Code.
According to Section 59(2), the following things may be entrusted to a Gram Panchayat 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 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, melas, tanks, ponds, water-channels, private ferries, pathways and abadi sites;
(vi) subject to the provisions of the Treasure Trove Act, 1878, any properties specified in Section 55 and belonging to the State Government.
In Maharaj Singh v. State of U.P., AIR 1976 SC 2602, the Supreme Court has expressed its opinion that Gram Panchayat and Bhumi Prabandhak Samiti has power to properly manage and protect the properties vested in the Gram Sabha. The State Government can make amendments in the powers given to the Gram Panchayat and Bhumi Prabandhak Samiti.
Section 59(3) of the Code lays down that every land and other thing-
(a) vested in a Gram Panchayat 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 or any other local authority under any of the enactments repealed by this Code;
(c) otherwise coming into possession of a Gram Panchayat or other local authority, either before or after the commencement of this Code;
shall be deemed to be ntrusted to such Gram Panchayat 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.
According to Section 59(4), the State Government may, by a subsequent order to be published in the manner prescribed,-
(a) (i) add to, amend, vary or rescind any earlier order issued under sub-section (1);
(ii) convert any land entrusted or deemed to be entrusted or transferred to any Gram Panchayat or local authority which is not covered under sub-section (1) of Section 77 to a land covered under sub-section (1) of Section 77;
(b) transfer to any other Gram Panchayat 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) (i) resume any land or other thing so entrusted or transferred to any Gram Panchayat or local authority on such terms and conditions as prescribed;
(ii) add to, amend, vary or rescind any earlier order issued under clause (i);
(d) impose conditions and restrictions subject to which the powers of superintendence, preservation, management and control under this section shall be exercised.
Section 59(5) provides that where any of the things specified in sub-section (2) has been entrusted or deemed to have been entrusted to a Gram Panchayat, and the village or any part thereof in which such things are situated lies outside the circle of the Gram Panchayat, such Gram Panchayat 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 a Bhumi Prabandhak Samiti as if that village or part also lay within that circle.
Section 59(6) says that 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, the provisions of this Chapter shall mutatis mutandis apply to such local authority.
Q. 22 (a). Discuss the Powers of Land Management Committee. Ans. Powers of Land Management Committee.-Land Management Committee has the following powers under the U.P Revenue Code:
1. Superintendence, management and control by Bhum Prabandhak Samiti. According to Section 60(1), subject to the provisions of this Code, every Bhumi Prabandhak Samiti shall be charged, for and on behalf of the Gram Panchayat, with the superintendence, preservation, management and control of all land and other things entrusted or deemed to be entrusted to that Gram Panchayat under Section 59 or over which such Gram Panchayat is entitled to take possession under this Code or any other law for the time being in force.
Under Section 60(2) of the Code, 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 forests trees and pastures;
(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; and
(i) such other matters as may be prescribed.
2. Management of village tanks. According to Section 61. where a tank in any village is entrusted or deemed to be entrusted to any Gram Panchayat 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 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 0.5 acres, the Bhumi Prabandhak Samiti shall, with the previous approval of the Sub-Divisional Officer, let it out in the manner prescribed.
Explanation to this Section says that for the purpose of this section, the term ‘tank’, includes talab, pond, pokhar and other land covered with water.
3. Conduct of suits and legal proceedings. Section 62(1) of the U.P. Revenue Code, 2006 provides that 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 Gram Panchayat.
According to Section 62(2), no suit or other proceedings to which any Gram Panchayat is a party shall be compromised or withdrawn on behalf of such Gram Panchayat, 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.
4. Land which may be allotted for abadi sites. Under Section 63(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 under clause (i) of sub-section (2) of Section 59;
(b) all lands coming into possession of Gram Panchayat under any other provision of this Code.
According to Section 63(2), 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);
(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 and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
5. Allotment of abadi sites. According to Section 64(1), the following order of preference shall be observed in making allotment of land referred to in Section 63:-
(a) an agricultural labourer or a village artisan residing in the Gram Sabha and belonging to a Scheduled Castes or Scheduled Tribes 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 Sabha;
(c) any other person residing in the Gram Sabha and belonging to a Scheduled Castes or Scheduled Tribes or other Backward Classes or a person of general category living below poverty line as determined by the State Government.
Proviso to Section 64 provides that preference will be given to widow and physically handicapped person within same category.
Explanation to Section 64(1) is to the effect that for the purposes of this sub-section-
(one) “other backward class” means the backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994;
(two) “person of general category living below poverty line means such persons as may be determined from time to time by the State Government.
According to Section 64(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 requirements of his family.
Section 64(3) of the Code says that every land allotted under this section shall be held by the allottee on such terms and conditions as may be prescribed.
Proviso to Section 64(3) says 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.
6. Delivery of possession to allottee. According to Section 65(1), where any land referred to 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.
Section 65(2) says that where any person, after being evicted under this section, re-occupies 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 thousand rupees.
According to proviso to Section 65(2), 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.
Section 65(3) lays down that 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.
According to Section 65(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.
Section 65(5) provides that 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.
Under sub-section (6) of Section 65, notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence under sub-section (2) may be tried summarily.
Section 65(7) lays down that for the purpose of speedy trial of 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- Divisional Magistrate, who shall, subject to the provisions of the Code of Criminal Procedure, 1973, exercise in relation to such offence, the powers of the Judicial Magistrate of the First Class.
Under Section 65(8), notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No.2 of 1974), every offence punishable under sub-section (2) shall be cognizable and non-bailable.
Q. 22 (b). Discuss provisions about power to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property.
Ans. Under Section 67 of the Code, Bhumi Prabandhak Samiti or other authority or Lekhpal or Assiatant Collector has power to prevent damage, misappropriation etc. of Gram Panchayat property. Rules 66 and 67 of the U.P. Revenue Code Rules, 2016 also provide related procedures
Information to Assistant Collector. Section 67(1) of the Code provides two conditions when the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned shall inform the Assistant Collector concerned in the manner prescribed-
(i) Where any property entrusted or deemed to be entrusted under the provisions of the U.P. Revenue Code, 2006 to a Gram Panchayat or local authority is damaged or misappropriated, or
(ii) Where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of U.P. Revenue Code, 2006 and such land is occupied otherwise than in accordance with the said provisions.
The information to Assistant Collector required under Section 67(1) shall be submitted by the Chairman or any member or the Secretary of the Bhumi Prabandhak Samiti or any officer of the Local Authority concerned in R.C. Form-19.
Notice to show cause. When the Assistant Collector is satisfied on the basis of the information made to him that any property referred in Section 67(1) has been damaged or misappropriated or wrongfully occupied by someone, a notice to the wrong-doer to show cause shall be issued by him stating that why compensation for damage, misappropriation or wrongful occupation should not be recovered from him. The amount of compensation not exceeding the amount specified in the notice shall be payable by the wrong-doer. Such person is liable to be evicted from the wrongfully occupied land.
Discharge of notice. If on the basis of the cause shown or explanation submitted by the person to whom notice was issued under Section 67(2) of the Code the Assistant Collector is satisfied that the person showing cause or giving explanation is not guilty of causing damage or misappropriation or wrongful occupation of land referred to in the notice under Section 67(2) of the Code, Assistant Collector shall discharge the notice.
Appeal to Collector. Any person aggrieved by any order of Assistant Collector under Section 67(3) or Section 67(4) may prefer an appeal to the Collector. The appeal may be made within thirty days from the date of such order.
Finality of order of the Assistant Collector. Order of the Assistant Collector under Section 67 shall be final unless appealed against under Section 67(5) of the Code. The finality of the order of Assistant Collector shall be subject to the provisions of Section 67 but it shall remain unaffected with anything contained in any other provisions of U.P. Revenue Code, 2006.
In Munshilal and Kishori Singh’s case (Judgment delivered by Sunita Agarwal, J. of Allahabad High Court, dated 7.08.2020) it was held by the Honourable Court that in the case of encroachment of vacant land of Gram Sabha no criminal action can be initiated against the encroacher.
If done so it would amount to misuse of judicial process. In U.P. Revenue Code, 2006 under Section 67 provisions are given where under Sub-Divisional Magistrate is authorised to take action in such case at the information of Lekhpal or Bhumi Prabandhak Samiti of the area concerned. Unless proved guilty by the appropriate authority under the U.P. Revenue Code, 2006 no action is maintainable under Penal Law.
Q. 23. What do you understand by Gaon Fund and Consolidated Gram Fund? Explain.
Ans. Gaon Fund.- Section 68 of U.P. Revenue Code, 2006 deals with Gaon Fund. Section 68 lays down as follows:
Section 68 (1) provides that all sums received under this Code by a Gram Sabha, Gram Panchayat or a Bhumi Prabandhak Samiti shall be credited to the Gaon Fund.
Proviso to Section 68(1) provides that the amount of damages or compensation recovered under Section 67 shall be credited to the Consolidated Gaon Fund.
According to Section 68(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.
According to Section 68(3), the Gaon Fund shall be operated in such manner and shall be applied for such purposes as may be prescribed.
Consolidated Gaon Fund. Section 69 of the Code deals with Consolidated Gaon Fund. According to Section 69(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.
Section 69(2) provides that every Gram Panchayat 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.
Section 69(3) says that 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 or the Bhumi Prabandhak Samiti under this Code;
(c) the payment of expenses incurred on protection, preservation and the development of lands of common utility; and
(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.
According to Section 69(4), the Consolidated Gaon Fund 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.
Section 69(5) provides that 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.