UP Revenue Code, 2006 Summary

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Chapter I: Preliminary Short Title, Extent, Commencement (§1): Uttar Pradesh Revenue Code, 2006. Extends to whole of UP, effective on dates notified by State Government. Applicability of the Code (§2): Chapters VII & IX apply to areas where enactments specified in First Schedule (serial 19 & 25) were applicable. Other chapters apply to whole of UP. Extension to New Areas (§3): State Government can extend Code to areas added to UP territory by notification. Inconsistent laws repealed. Definitions (§4): 'abadi' / 'village abadi': Area used for residence or ancillary purposes (sahan, green trees, wells) or reserved for such use. 'agriculture': Includes horticulture, animal husbandry, pisciculture, flower farming, bee keeping, poultry farming. 'agricultural labourer': Main livelihood is manual labour on agricultural land. 'Bhumi Prabandhak Samiti': Constituted under §28-A of U.P. Panchayat Raj Act, 1947. 'Board': Board of Revenue constituted under §7. 'Collector': Officer appointed under §12(1), includes Additional Collector & empowered Assistant Collector First Class. 'family': Self, spouse (excluding judicially separated), minor sons, minor daughters (excluding married), third gender minor issue. 'grove land': Land with trees (not papaya/banana) precluding other primary use. 'holding': Parcel of land under one tenure/lease/engagement/grant. 'improvement': Work adding value, suitable to holding, consistent with purpose. 'land': (Except Chapters VII, VIII, §80, 81, 136) Land held/occupied for agriculture. 'land holder': Person to whom rent is payable. 'Revenue Court': Board, its members, Commissioners, Collectors, Assistant Collectors, Settlement/Record Officers, Tahsildars, Naib Tahsildars. 'Revenue Officer': Commissioner, Collector, SDO, Assistant Collector, Settlement/Record Officers, Tahsildars, Naib Tahsildars, Revenue Inspector. 'Sub-Divisional Officer': Assistant Collector First Class in charge of Tahsil. 'taungya plantation': Afforestation with simultaneous agricultural cultivation until canopy forms. 'village': Local area recorded as village in revenue records, or declared by State Government. 'village artisan': Main livelihood is manufacturing/repairing traditional tools or practising a craft. 'agricultural year': July 1st to June 30th ('fasli year'). 'intermediary': Proprietor, underproprietor, thekedar, permanent lessee/tenure-holder of an estate. 'lease' (mines & minerals): Includes sub-lease, prospecting lease, agreement to lease/sublet. 'decree': As per CPC, 1908. 'Minjumla number': Shajra number denoting a partitioned but physically undivided field component. Chapter II: Revenue Divisions Division of State into Revenue Areas (§5): State divided into divisions (2+ districts), districts (2+ Tahsils), Tahsils (1+ parganas), parganas (2+ villages). Constitution of Revenue Areas (§6): State Government notifies constitution of divisions, districts, Tahsils, villages. State Government can alter limits of revenue areas (amalgamation, readjustment, division, abolition, renaming) after inviting objections. Collector arranges villages into Lekhpal circles and Revenue Inspector circles, specifies HQs. Existing revenue areas deemed specified until altered. Chapter III: Board and the Revenue Officers Board of Revenue (§7): Chairman + members appointed by State Government. Existing Board deemed constituted. Qualifications: Administrative Member (not lower than Commissioner), Judicial Member (not below Collector). State Government can designate Judicial Members for judicial business. Jurisdiction of the Board (§8): Chief Controlling Authority for cases, appeals, revisions. Subject to State Government, for other matters in Code. Exercises powers/functions conferred by Code or other laws. State Government can authorize members for specific powers/functions. Power to Distribute Business (§9): Board distributes business among members. Chairman can constitute benches. Orders by member in accordance with distribution are Board's orders. Decisions of the Board (§10): Bench decisions by majority opinion. Equal division to be heard by larger bench constituted by Chairman. Decisions by single member, division bench, or larger bench are Board's decisions. Commissioners and Additional Commissioners (§11): State Government appoints Commissioner for each division. Exercises powers/duties, authority over revenue officers in division. State Government can appoint Additional Commissioners, who exercise powers/duties as directed by State Government or Commissioner. Provisions for Commissioner apply to Additional Commissioner. State Government can designate Additional Commissioner (Judicial) for judicial business. Collectors and Additional Collectors (§12): State Government appoints Collector for each district, in charge of revenue administration. State Government can appoint Additional Collectors, who exercise powers/duties of Collector, subject to State Government/Collector direction. Provisions for Collector apply to Additional Collector. State Government can designate Additional Collector (Judicial) for judicial business. Sub-Divisional Officers and Additional Sub-Divisional Officers (§13): State Government appoints Assistant Collectors (First/Second Class). Assistant Collector First Class in charge of sub-division is SDO. Officers exercise powers/duties subject to Collector's control. State Government can designate Assistant Collector First Class as Additional SDO for Tahsils. State Government can designate Assistant Collector First Class as SDO (Judicial) for judicial business. Tahsildars and Tahsildars Judicial (§14): State Government appoints Tahsildars and Tahsildars Judicial. Exercise powers/duties as directed by State Government, Board, or Collector. Naib-Tahsildars (§15): State Government appoints Naib-Tahsildars. Exercise powers/duties conferred by Code or other law. Revenue Inspectors and Lekhpals (§16): Collector appoints Revenue Inspectors for supervision/maintenance of village records, and Lekhpals for preparation/maintenance/correction of village records. Combination of Offices (§17): State Government or competent authority can appoint one person to multiple offices or confer powers/duties of one officer on another. Recovery of Money, Papers and Other Government Property (§18): Collector can order delivery of public money/papers/property from revenue officers/former employees. Non-compliance leads to penalty of Rs. 250/day (max Rs. 25,000) after hearing. Penalty does not bar prosecution or recovery under other laws. Other Power of Revenue Officers (§19): Superior officer/authority can exercise powers/duties of subordinate. Revenue officers exercise other powers/duties as directed by State Government. Chapter IV: Boundaries and Boundary Marks Fixation and Demarcation of Boundaries (§20): Village and survey number boundaries to be fixed and demarcated by boundary marks of prescribed specifications/maintenance. Obligation Regarding Maintenance and Repair of Boundary Marks (§21): Tenure-holder responsible for boundary marks on/of his holding. Gram Panchayat responsible for other boundary marks in its jurisdiction. Destruction etc. of Boundary Marks (§22): Lekhpal reports destruction/removal/damage of boundary marks to Naib Tahsildar, who inquires and reports to SDO. Power to Require Erection, Repair or Renewal of Boundary Marks (§23): SDO can require Gram Panchayat or tenure holder to erect/restore/repair/replace boundary marks. If they fail, SDO can cause it to be done and recover costs. Disputes Regarding Boundaries (§24): SDO decides boundary disputes by summary inquiry based on survey maps or actual possession. If possession unclear or wrongful, SDO ascertains rightful possessor and puts them in possession (using force if necessary), then fixes boundary. Proceedings to conclude within 3 months. Appeal to Commissioner within 30 days; Commissioner's order final (subject to §210). Rights of Way and Other Easements (§25): Tahsildar decides disputes on access to land/waste/pasture or irrigational facilities based on custom and convenience. Can direct removal of obstacles (using force) and recover costs. Removal of Obstacle (§26): Tahsildar can direct removal of obstacles impeding public road/path/common land/water course/source (using force) and recover costs. Revisional Powers of Sub-Divisional Officer (§27): SDO can call for records of Tahsildar's decisions under §25/26 for legality/propriety. Can pass orders after hearing parties. Application for revision within 30 days. Order Not to Debar from Establishing Any Right of Easement (§28): Orders under this Chapter do not prevent civil suit for easement or customary right. Chapter V: Maintenance of Village Records List of Villages (§29): Collector maintains prescribed register of villages, showing fluvial action areas, precarious cultivation areas, and other particulars. Register revised every 5 years or longer. Maintenance of Map and Field Book (§30): Collector maintains map and field book (khasra) for each village, records annual changes in boundaries/survey numbers, corrects errors/omissions. Minjumla numbers physically divided, records corrected. Record of Rights (§31): Collector maintains record of rights (khatauni) for each village, including: tenure-holders' names, survey/plot numbers, areas; nature/extent of interests, conditions/liabilities; rent/revenue payable; land particulars (State/Central Government, Gram Panchayat, local authority); other particulars. Shares of co-tenure holders determined as prescribed. Correction of Records (§32): SDO, Tahsildar, or Revenue Inspector (subject to Collector's control) record changes, transactions, and correct errors in khatauni, khasra, map. Map corrections by Collector. No application for correction based solely on possession or intricate title questions. Mutation in Cases of Succession (§33): Person obtaining land by succession reports to Revenue Inspector. RI records undisputed succession in khatauni; for disputed cases, inquires and reports to Tahsildar. Aggrieved persons can apply to Tahsildar. Applies to persons admitted as bhumidhar (non-transferable rights) or asami by Bhumi Prabandhak Samiti. Duty to Report in Cases of Transfer (§34): Person obtaining land by transfer (excluding §33(3) succession) reports to Tahsildar. 'Transfer' includes family settlement. State Government may fix fees for entries. Mutation in Cases of Succession or Transfer (§35): Tahsildar issues proclamation, inquires. Undisputed cases: amends khatauni. Disputed cases: decides dispute and amends khatauni. Appeal to SDO within 30 days. Intimation of Transfer and Deposit of Land Revenue (§36): Registering authority sends intimation of registered documents creating/assigning/extinguishing title or charge on land to Tahsildar. No correction/mutation/amendment recorded unless land revenue due up-to-date is deposited. Bar Against Certain Suits (§37): No suit in revenue court by person obtaining land by succession/transfer until report made under §33/34. Correction of Error and Omission (§38): Application to Tahsildar for map/field-book/khatauni errors. Tahsildar inquires, refers map corrections to Collector, other corrections to SDO. Collector/SDO decides after considering objections/evidence. Appeal to Commissioner within 30 days; Commissioner's decision final (subject to §210). Forged/manipulated entries can be expunged. Revenue Inspector can correct undisputed errors in khatauni/khasra. Power to correct does not include deciding title disputes. Certain Orders of Revenue Officers Not to Debar a Suit (§39): Orders under §33 (RI), §35(1) (Tahsildar), §38(3) (SDO), §38(4) (Commissioner) do not bar suit under §144 to establish rights. Presumption as to Entries (§40): Entries in khatauni presumed true until contrary proved. Kisan Bahi (§41): Collector supplies Kisan Bahi (consolidated pass-book for all holdings in district) to tenure-holders. Joint holding: supplied to applicant co-tenure holders. Tenure holder pays cost. Entitled to free updates. Banks/financial institutions endorse loan details in Kisan Bahi. Tenure holder provides affidavit that no other unpaid loan/transfer exists. False statement punishable (imprisonment up to 3 years, fine). Banks endorse final loan repayment. Duty to Produce Information or Documents (§42): Persons with rights/interests/obligations recorded must furnish information/documents to revenue officer on requisition. Chapter VI: Revision of Village Records Notification of Record and Survey Operations (§43): State Government notifies when record/re-survey operations are necessary. State Government can order survey/record operations for abadi/village abadi. State Government can amend/cancel notification or close operation. Record Officer and Assistant Record Officer (§44): State Government appoints Record Officer (in charge) and Assistant Record Officers, who exercise powers during operations. Power of Record Officer During Record or Survey Operation (§45): Record Officer exercises powers of §23-26 (boundaries, etc.). Revision of Records During Record Operation (§46): Record Officer revises field book (khasra) and record of rights (khatauni) or abadi record. Revision of Records During Survey Operation (§47): Record Officer prepares map, then revises khasra and khatauni or abadi record. Powers of Record Officer as to Erection of Boundary Marks (§48): Record Officer proclaims for Gram Panchayats and Bhumidhars to erect boundary marks. If default, causes erection and Collector recovers cost. Procedure of Revision of Map and Records (§49): Record Officer conducts survey, map correction, field-to-field partal, test/verification of khatauni. Naib-Tahsildar corrects clerical mistakes, issues notices to tenure holders with extracts showing rights/liabilities and discovered mistakes/disputes. Objections to Naib-Tahsildar within 21 days of notice receipt. Any interested person can object before dispute settlement/decision. Naib-Tahsildar settles disputes by conciliation, corrects mistakes. Unsettled cases forwarded to Assistant Record Officer, who disposes as per §24; decides title questions by summary inquiry. If land belongs to State Government/local authority, Assistant Record Officer evicts unauthorized occupants (using force). Appeal to Record Officer within 30 days against Assistant Record Officer's order under §49(6) or (7); Record Officer's order final (subject to §210). Finalisation of Record of Rights (§50): Assistant Record Officer confirms/amends khatauni under dated signature. Preparation of New Record of Rights (§51): Assistant Record Officer prepares new records (§30, 31) based on finalized khatauni; Collector maintains these. Procedure for Villages Where No Records Are Available (§52): This Chapter applies mutatis mutandis to villages without existing maps/records, following prescribed procedure. Also applies to abadi/village abadi operations. Presumption as to the Entries (§53): Entries in khatauni prepared under this Chapter presumed true until contrary proved. Chapter VII: Ownership of Land and Other Properties Title of State in All Lands etc. (§54): Public roads, lanes, paths, bridges, ditches, dykes, fences, river beds, streams, nallas, lakes, ponds, tanks, canals, water channels, standing/flowing water, and all unowned lands are State Government property, unless existing rights established or otherwise provided. Mines and Minerals (§55): Right to operate/work mines/extract minerals governed by Mines and Minerals (Development and Regulations) Act, 1957. Existing lessees of building/land for mining (under repealed enactments) retain possession as per lease terms, paying existing rent. Rights in Trees (§56): Trees on holding/grove belong to holder. Trees on boundary of holdings belong jointly to holders. Trees in abadi/unoccupied land (before Code) belong to existing owner. Other trees, brushwood, jungle, natural product (not sub-section 1-3) become State Government property. 'Unoccupied land': Land in village other than tenure-holders' land. Fruit Bearing Trees (§57): Persons planting fruit trees on public roads/paths/canals (with permission before Code) or after Code (with Collector's permission) and their heirs are entitled to fruits without charge. Right is heritable, but no right on corpus of tree or land. Disputes to be Decided by the Collector (§58): Disputes regarding property in §54, 56, 57 or rights thereto decided by Collector. Appeal to Commissioner within 30 days. Chapter VIII: Management of Land and Other Properties by Gram Panchayat or Other Local Authority Entrustment of Land etc. to Gram Panchayats and Other Local Authorities (§59): State Government can entrust specified things (vested in State) to Gram Panchayat/local authority for superintendence, preservation, management, control. Things include: cultivable/uncultivable lands (except holdings/groves), groves on GP land, pasture, graveyards, cremation grounds, manure pits, Khaliyans, Chakroads, link roads, sector roads, river bed land, roads, Sadak Khanti, Sullage farm; forests, fisheries; trees (except on holding/boundary/grove/abadi/unoccupied land); hats, bazaars, melas, tanks, ponds, water-channels, private ferries, pathways, abadi sites; State Government properties under Treasure Trove Act. Lands/things vested/placed under charge/in possession of GP/local authority before/after Code commencement deemed entrusted. State Government can amend/vary/rescind orders, transfer land, resume land (on terms), impose conditions. If entrusted land is outside GP circle, GP/Bhumi Prabandhak Samiti performs functions as if within circle. Provisions apply mutatis mutandis to other local authorities. 'Local Authority' includes Kshettra Panchayat, Zila Panchayat, Town area, Notified Area, Cantonment Area, Nagar Panchayat, Nagar Palika, Nagar Mahapalika, Nagar Nigam, Noida/Greater Noida/Yamuna Expressway Vikas Pradhikaran, Industrial township. Superintendence, Management and Control by Bhumi Prabandhak Samiti (§60): Bhumi Prabandhak Samiti (on behalf of Gram Panchayat) supervises, preserves, manages, controls entrusted land/things. Functions include: land settlement/management; preservation/maintenance/development of forests/trees/pastures; maintenance/development of abadi sites/village communications; management of hats/bazaars/melas; maintenance/development of fisheries/tanks; development of cottage industries/agriculture; conduct of suits/proceedings; other prescribed matters. Management of Village Tanks (§61): Tank (talab, pond, pokhar) area $\le 0.5$ acre reserved for public use. Tank area $> 0.5$ acre: Bhumi Prabandhak Samiti lets out with SDO's approval. Conduct of Suits and Legal Proceedings (§62): Chairman/authorized members of Bhumi Prabandhak Samiti sign documents, conduct suits. Compromise/withdrawal requires Bhumi Prabandhak Samiti resolution and SDO sanction. Land Which May Be Allotted for Abadi Sites (§63): SDO (suo motu or on Bhumi Prabandhak Samiti resolution) earmarks land for abadi sites for §64 persons: entrusted land (§59(2)(i)), land coming into GP possession. Bhumi Prabandhak Samiti (with SDO approval) allots land for houses: vacant land, land earmarked under Consolidation Act, land acquired under Land Acquisition Acts. Allotment of Abadi Sites (§64): Order of preference: Agricultural labourer/village artisan (SC/ST/OBC/General BPL) residing in Gram Sabha. Other agricultural labourer/village artisan residing in Gram Sabha. Other person (SC/ST/OBC/General BPL) residing in Gram Sabha. Preference to widow/physically handicapped within same category. 'Other backward class' as per UP Public Services (Reservation...) Act, 1994. 'General category BPL' as determined by State Government. Preference to persons with no house or insufficient accommodation. Allotted land held on prescribed terms/conditions. Married man: wife is co-allottee of equal share. Delivery of Possession to Allottee (§65): If any person occupies allotted land contravening Code, SDO (suo motu or on allottee application) puts allottee in possession (using force). Reoccupation without authority punishable (imprisonment 3 months-2 years, fine up to Rs. 3000). Court can direct fine to allottee as damages. Court can summarily evict accused and put allottee in possession pending case. Interim order confirmed on conviction. Acquitted/discharged person can apply for re-possession. Offence triable summarily. Cognizable and non-bailable. State Government can constitute special courts (officer not below SDM rank) for speedy trial. Inquiry into Irregular Allotment of Abadi Sites (§66): Collector (suo motu or on aggrieved person's application) inquires into allotment under §64. Can cancel irregular allotment, extinguishing allottee's rights. Application within 3 years of allotment. Collector's order final (subject to §210). Power to Prevent Damage, Misappropriation and Wrongful Occupation of Gram Panchayat Property (§67): If GP/local authority property damaged/misappropriated or land occupied unlawfully, Bhumi Prabandhak Samiti/authority/Lekhpal informs Assistant Collector. Assistant Collector issues notice to show cause why compensation/eviction should not occur. If no cause shown or insufficient, Assistant Collector directs eviction (using force) and recovery of compensation for damage/misappropriation/wrongful occupation as arrears of land revenue. If person not guilty, notice discharged. Appeal to Collector within 30 days against Assistant Collector's order. Assistant Collector's order (subject to appeal) final. 'Land' includes trees and buildings. Certain House Sites to Be Settled with Existing Owners Thereof (§67-A): If §64 person built house on §63 land (not reserved for public purpose) existing on Nov 29, 2012, site settled with owner on prescribed terms. If §64 person built house on tenure holder's land (not government lessee) existing on Nov 29, 2000, site deemed settled with owner by tenure holder on prescribed terms. House existing on Nov 29, 2000, presumed built by occupant (or head of family if multiple occupants). Gaon Fund (§68): Sums received by Gram Sabha/Gram Panchayat/Bhumi Prabandhak Samiti credited to Gaon Fund. Damages/compensation under §67 credited to Consolidated Gaon Fund. Existing Gaon Funds deemed constituted. Operated and applied for prescribed purposes. Consolidated Gaon Fund (§69): Established for each district. Credits: §68 proviso amount, contributions from GP, other amounts. GP pays annually up to 25% of Gaon Fund to Collector. Operated by Collector. Applied for: lawyers' fees/allowances (§72), suit expenses, protection/preservation/development of common utility lands, other sums declared by State Government. Existing Consolidated Gaon Funds deemed constituted. State Government can establish for each Tahsil. Orders and Directions of the State Government and the Collector (§70): State Government and Collector can issue orders/directions to Bhumi Prabandhak Samiti, which must comply. Alternative Arrangement (§71): If Bhumi Prabandhak Samiti fails duties, or circumstances prevent performance, or expedient, Collector can direct duties/powers to officer not below Naib-Tahsildar. Reasonable hearing opportunity given. Standing Counsel and Other Lawyers (§72): State Government appoints Standing Counsel (Revenue) for High Court, Board of Revenue, Divisional Government Counsel (Revenue), District Government Counsel (Revenue), Additional District Government Counsel (Revenue). Collector appoints Panel Lawyers (Revenue) for Tahsils (max 2). Appointed lawyers can plead/act for Gram Sabha/Gram Panchayat/Bhumi Prabandhak Samiti without written authority. GP/GS/BPS cannot engage other lawyers without Collector's permission. No court fee on vakalatnama/memo of appearance by appointed lawyers. Appointed lawyers cannot act against GP/GS/BPS. State Government can issue directions for monitoring cases/appraisal of Panel Advocates. Representation of Gram Panchayat (§73): In suits/proceedings: Before Collector/Civil Court: District Government Counsel (Revenue). Before Commissioner: Divisional Government Counsel (Revenue). Before Board/High Court: Separate Standing Counsel (Revenue). State Government/Collector can appoint special counsel. Chapter IX: Tenures Classes of Tenures (§74): Bhumidhar with transferable rights. Bhumidhar with non-transferable rights. Asami. Government lessee. Bhumidhar with Transferable Rights (§75): Persons who were bhumidhar with transferable rights before Code. Persons acquiring such rights under Code or other law. Bhumidhar with Non-Transferable Rights (§76): Persons who were bhumidhar with non-transferable rights before Code. Persons admitted by Bhumi Prabandhak Samiti under Code. Persons allotted land under UP Bhoodan Yajna Act, 1952. Persons allotted land under UP Imposition of Ceiling on Land Holdings Act, 1960. Asami in possession of land not covered by §77 before Code, recorded in class-3 of annual register (1407 Fasli), subject to ceiling area limits. Persons acquiring such rights under Code or other law. Conversion to transferable rights: If non-transferable bhumidhar for 5+ years before Code, becomes transferable on commencement. Otherwise, becomes transferable after 5 years from becoming non-transferable bhumidhar. Transferable bhumidhar (after conversion) selling land is ineligible for lease of GP/State Government land or surplus land. Bhumidhari Rights Not to Accrue in Certain Lands (§77): No bhumidhari rights accrue in: Khaliyan, manure pits, pasture, burial/cremation ground. Land covered by water for singhara/produce. River bed land for casual cultivation. Shifting/unstable cultivation tracts notified by State Government. Land for taungya plantation notified by State Government. Grove land entrusted to GP/local authority under §59. Sullage farm/trenching ground entrusted to GP/local authority under §59. Land acquired/held for public purpose/utility. Land covered by pond/tank/lake, or forming part of embankment/bandh/bhita. Other lands notified by State Government. 'Public purpose' includes military encamping ground, railway/canal boundaries, local authority land, §29-C of UP Consolidation of Holdings Act, 1953, GP reserved land for public utility. State Government can change class of public utility land (if surrounded/in-between/on edges of land for public purpose) by reserving equivalent land or permitting exchange under §101. Reasons to be recorded. Location, utility, suitability considered. Collector corrects records. Asami (§78): Persons who were asami before Code (subject to §76(1)(dd)). Persons admitted as asami by Bhumi Prabandhak Samiti under Code. Persons admitted as lessee by bhumidhar under Code. Persons acquiring asami rights under Code or other law. Right of Bhumidhars to Exclusive Possession (§79): Transferable bhumidhar: exclusive possession, use for any purpose. Non-transferable bhumidhar: exclusive possession, use for agriculture. Use of Holding for Industrial, Commercial or Residential Purposes (§80): Transferable bhumidhar using/proposing to use holding for industrial/commercial/residential purposes: SDO (suo motu or on application) declares land used for non-agriculture or rejects (with reasons). Decision within 45 working days. Declaration deemed made if application with fee & no co-tenure holder objection (for joint holding) and SDO doesn't decide within 45 days. Tahsildar records. Proposed use: boundary wall required. Declaration lapses if non-agricultural activity not started within 5 years. Declaration does not change land use, but allows loans/permissions. Conversion of proposed use declaration to actual use declaration: bhumidhar applies to SDO after construction/start of activity (within 5 years). SDO approves/rejects within 15 days (with reasons). Pays balance fee at prevailing circle rate. Joint holding: all co-bhumidhars must apply, or individual share must be divided. Application particulars as prescribed. Part of holding: SDO demarcates. No declaration if public nuisance, adverse effect on public order/health/safety/convenience, or against master plan. If within Urban/Industrial Development Authority area, prior permission mandatory. State Government fixes fees; no fee for own residential use. Consequences of Declaration (§81): Restrictions on transfer under this Chapter cease for transferable bhumidhar. Land exempted from land revenue from agricultural year following declaration. Devolution governed by personal law. Cancellation of Declaration (§82): If declared land used for agriculture, SDO (suo motu or on application) can cancel declaration after inquiry. Consequences of cancellation: Holding subject to transfer/devolution restrictions. Liable for land revenue from agricultural year of cancellation order (original revenue payable until reassessed). Contract/lease inconsistent with Code becomes void; possessor liable to ejectment. Mortgage with possession becomes simple mortgage. Recording of Declaration or Cancellation (§83): Declarations/cancellations recorded in record of rights. Mutation order based on transfer/succession passed. Right of an Asami for Exclusive Possession of His Holding (§84): Asami has exclusive possession, use for agriculture. Exception: taungya plantation land not for other purpose. Consequences of Using the Land in Contravention of the Provisions of This Code (§85): Non-transferable bhumidhar using land contravening §79: liable to ejectment by Gram Panchayat suit. Asami using land for non-permitted purpose: liable to ejectment by land holder suit. Ejectment decree can include damages for restoration cost. Extinction of Interest of Bhumidhar with Non-Transferable Rights or Asami (§86): Ejected bhumidhar/asami: all rights and improvements extinguished. Improvement Not to Be Removed (§87): Bhumidhar can make improvements for cultivation/convenience. If tenure holder's interest extinguished, cannot remove improvements. Transfers Transferability of a Bhumidhar’s Interest (§88): Transferable bhumidhar's interest is transferable. Non-transferable bhumidhar's or asami's interest is not transferable (unless expressly provided). Restrictions on Transfer by Bhumidhar (§89): No transfer contravening sub-sections (2) or (3). No person can acquire by purchase/gift from transferable bhumidhar if transferee's land (including family land if natural person) exceeds 5.0586 hectares. 'Person' includes natural or legal person. State Government/authorized officer can approve acquisition exceeding limit for registered firm, company, partnership, trust, society, educational/charitable institution if in public interest (economic activities, employment). Ceiling Act does not apply. Approval for regularizing such acquisition (without prior approval) can be granted on payment of fine (10% of cost in excess, at prevailing circle rate). State Government can exempt from fine for public interest projects (e.g., universities, medical colleges). Permission for acquisition up to 20.2344 ha by Collector; 20.2344-40.4688 ha by Commissioner; >40.4688 ha by State Government. If project not set up within 5 years of permission, it lapses, excess land vests in State, §105 consequences apply. State Government can extend period by 3 years. Persons Other Than Indian Nationals Not to Acquire Land (§90): Non-Indian citizens cannot acquire land by sale/gift/transfer of possession without State Government's prior written permission. 'Indian citizen' includes wholly/substantially owned/controlled Indian companies/associations/bodies. Restrictions on Transfer by Mortgage (§91): No bhumidhar can mortgage with possession transfer as security. Mortgage of Land by Bhumidhar with Non-Transferable Rights (§92): Can mortgage without possession as security for loan from State Government/bank/cooperative society/Agro Industrial Corp./financial institution. Can be sold in execution of decree for such matters or land revenue recovery. Transfer of Possession for Securing Money Shall Be Deemed to Be a Sale (§93): If bhumidhar transfers possession for loan security, it's deemed a sale, and §89 applies. Lease by a Bhumidhar (§94): Bhumidhar can lease holding for agriculture or solar energy plant (private lease). Private lease: contract between Lessor (bhumidhar) and Lessee for agricultural use or solar plant, for consideration. Maximum period: 15 years (extendable by mutual consent). For solar energy plant: up to 30 years. Terms/conditions mutually agreed. General conditions prescribed. Lease-How Made, Its Termination and Any Dispute Arising Thereto (§95): Private lease can be oral/written/registered. Single crop/up to 1 year: oral/written. Exceeding 1 year: registered instrument. Written/registered lease: copy to Revenue Inspector, who records details in Remarks column of khatauni. Private lease does not create tenancy rights (protected, occupancy, eviction protection). Resumption: After expiry/termination, instrument nullifies. Land reverts to Lessor; Lessee hands over peaceful possession. Disputes don't prevent Lessor from getting possession. No retrospective effect. Termination: Expiry of period (unless extended). Non-payment of rent/violation of terms by Lessee: Lessor can terminate (with notice). Premature termination by Lessor: Lessee can remove structures/machinery, recover agreed damages/compensation. Premature termination by Lessee: 6 months' notice, pays annual rent for remaining year + other agreed compensation. Lessee failing to handover after expiry/termination: treated as unauthorized occupant, liable to ejectment and penal rent/damages. Mutual termination allowed. Disputes: Amicably resolved or by mediation (arbitrator/GP/Village Revenue Committee). If not settled, either party files petition to SDO. SDO adjudicates summarily within 30 days. Appeal to Commissioner against SDO's order (not interim); Commissioner's decision final (subject to §210). Restrictions on Transfer by Bhumidhars Belonging to a Scheduled Caste (§98): SC bhumidhar cannot transfer land (sale, gift, mortgage, lease) to non-SC person without Collector's written permission. Permission granted if: no surviving heir in §108(2)(a) or §110(a); bhumidhar resides in different district/state for service/trade; Collector satisfied for prescribed reasons. Collector may inquire. Restrictions on Transfer by Bhumidhars of Scheduled Tribes (§99): ST bhumidhar cannot transfer land to non-ST person. Mortgage by Members of Scheduled Caste and Scheduled Tribes (§100): SC/ST bhumidhar/asami can mortgage without possession as security for loan from State Government/institution in §92(a). Exchange (§101): Bhumidhar can exchange land with another bhumidhar's land or GP/local authority land (§59) with SDO's prior written permission. SDO refuses if: not for consolidation/cultivation convenience; valuation difference > 10% of lower valuation (exception: private land offered for public land exchange can be >10%); area difference > 25% of lesser area (exception: private land offered for public land exchange can be >25%); GP land reserved for planned use or where bhumidhari rights don't accrue (exception: State Government can permit); land not in same/adjacent village of same Tahsil. Cannot exchange undivided interest unless between co-sharers. Registration Act, 1908, does not apply. Consequences of Exchange (§102): Parties have same rights in received land as in given land. SDO corrects khatauni. Land revenue unaffected. Transfer in Contravention of This Code to Be Void (§104): Lease or transfer by bhumidhar/asami contravening Code is void. Consequences of Transfer by Bhumidhar in Contravention of the Code (§105): If transfer void under §104, subject matter vests in State Government (free from encumbrances). Trees, crops, wells, improvements vest in State Government. Transferor's and transferee's interests extinguished. Extinction of transferor's interest extinguishes asami's interest under him. Does not apply to leases under §94. Collector takes possession, evicts occupants (using force), §59 applies. Consequences of Transfer Made by Asami in Contravention of This Code (§106): If transfer void under §104, asami liable to ejectment by GP or land holder. Devolution Bequest by Bhumidhar or Asami (§107): Transferable bhumidhar can bequeath by will. SC/ST transferable bhumidhar: §98, 99 apply to bequests as to lifetime transfers. Will must be in writing, attested by 2 witnesses, registered. Non-transferable bhumidhar/asami cannot bequeath by will. Bequest contravening is void. General Order of Succession to Male Bhumidhar, Asami or Government Lessee (§108): If male/third gender bhumidhar/asami/government lessee dies, interest devolves on relatives in sub-section (2) based on principles: Heirs in one clause take simultaneously in equal shares. Heirs in preceding clause exclude succeeding clauses. Multiple widows take one share. Widow/widowed mother/father's widowed mother/widow of predeceased male lineal descendant inherits only if not remarried. Relatives (heirs): (a) Widow, third gender spouse, unmarried daughters, third gender issue, male lineal descendants per stirpes (nearer excludes remoter, widow/unmarried daughters/third gender issue/sons inherit per stirpes share of predeceased son); (b) Mother & father; (c) Married daughters; (d) Brother, unmarried sister, third gender sibling (same father), son/unmarried daughter/third gender issue of predeceased brother (same father); (e) Son's daughter & third gender issue; (f) Father's mother & father's father; (g) Daughter's son, third gender issue & unmarried daughter; (h) Married sister; (i) Half sister (same father); (j) Sister's son, third gender issue & unmarried daughter; (k) Half sister's son, third gender issue & unmarried daughter (same father); (l) Brother's son's son, third gender issue & unmarried daughter; (m) Father's father's son, third gender issue & unmarried daughter; (n) Father's father's son's son, third gender issue & unmarried daughter; (o) Mother's mother's son, third gender issue & unmarried daughter. Succession to Woman Inheriting Interest as a Female Heir (§109): If woman inherits interest of male/third gender bhumidhar/asami/government lessee and dies/marries/remarries, her interest devolves upon nearest surviving heir of last male/third gender bhumidhar/asami/government lessee (ascertained by §108). Exception: if daughter has heirs in §110(a), interest devolves on them. Succession to Woman Holding Otherwise Than as a Female Heir (§110): If female bhumidhar/asami/government lessee dies after Code commencement, interest devolves in this order (subject to §107-109): (a) Son, third gender issue, unmarried daughter, son's son, third gender issue, unmarried daughter, son's son's son, third gender issue, unmarried daughter, predeceased son's widow, predeceased son's predeceased son's widow (equal shares per stirpes; nearer excludes remoter; remarried widow excluded). (b) Husband or married third gender spouse. (c) Married daughters. (d) Daughter's son, third gender issue and unmarried daughter. (e) Father. (f) Widow mother. (g) Brother (same father), third gender sibling (same father), brother's son, third gender issue and unmarried daughter (per stirpes). (h) Unmarried sister. (i) Married sister. (j) Sister's son, third gender issue and unmarried daughter. Savings as to Religious Endowments etc. (§111): This Chapter does not apply to devolution of management of Hindu devasthan/math/debutter property or Muslim waqf; governed by applicable personal/other law. Interest of Co-Tenure-Holders to Pass by Survivorship (§112): Co-widows inheriting: if one dies/remarries without heir (under §108), interest passes by survivorship to surviving widow(s). Two or more co-tenure holders: if one dies without heir (under §108-110), interest passes to surviving co-tenure holders in equal shares. Persons Other Than Indian Citizens and Persons of Indian Origin Not to Inherit (§113): Non-Indian citizens and persons of Indian origin (who acquired other citizenship) cannot inherit land/interest. Other Conditions Regarding Devolution (§114): Child in womb (born alive after death) inherits as if born before death. Uncertain order of death: younger presumed to survive elder. Murderer/abettor disqualified from inheriting. Disqualified person: interest devolves as if they died before deceased. 'Murder' as per IPC (§302, 304, 304-B, 305, 306). Escheat (§115): Bhumidhar/asami from GP dies without known heirs: SDO takes possession, leases for one agricultural year at a time. Claimant within 3 years: SDO inquires, allows/rejects claim. Aggrieved by rejection: suit for declaration under §144 within 1 year of communication. SDO continues leasing until suit decided. If no claimant in 3 years, or rejected claim not sued for, or suit dismissed: land vests in GP/local authority under §59. Successful claimant gets possession and rent (minus arrears/management expenses). Division Suit for Division of Holding (§116): Bhumidhar co-sharer can sue for division of holding. Court can divide trees, wells, improvements; if not possible, value divided/adjusted. One suit for multiple holdings if parties (other than GP) jointly interested. Gram Panchayat is necessary party. Duty of Court in Suits for Division of Holding (§117): Assistant Collector follows prescribed procedure. Apportions land revenue. Division does not affect joint liability for land revenue before final decree. Surrender and Abandonment Surrender by Bhumidhar (§118): Bhumidhar surrenders interest in holding/part by written application to Tahsildar and giving up possession. Tahsildar apportions land revenue for partial surrender. Surrender by Asami (§119): Asami surrenders interest in holding (not part) by written notice to land holder and giving up possession. Effect of Surrender (§120): Deemed surrendered from date possession given up. Asami: rights extinguished. Bhumidhar: rights and those claiming through him extinguished. Liability for Rent or Revenue in Case of Surrender (§121): Bhumidhar/asami liable for land revenue/rent for next agricultural year unless notice given before April 1st. Abandonment by Bhumidhar (§122): If bhumidhar doesn't pay land revenue, doesn't use land for agriculture for 3 continuous years, leaves village, whereabouts unknown: Collector takes possession after inquiry. Collector can lease for one agricultural year at a time. Claim within 3 years: restored on payment of dues/terms. No claim or disallowed: Collector declares holding abandoned. Order published, final (subject to §144 suit). Does not apply to bhumidhar with §80 declaration in force. Consequence of Abandonment (§123): Holding vests absolutely in State Government (free from encumbrances). Bhumidhar ceases rights/title/interest. Bhumidhar remains liable for land revenue for agricultural year of abandonment order. Delivery of Possession to Gram Panchayat (§124): If bhumidhar's interest extinguished, SDO (on GP application) evicts unauthorized occupants and delivers possession to GP. Applies mutatis mutandis to asami holding from GP or bank (§95(2)). Lease of Land by Gram Panchayat Admission by Bhumi Prabandhak Samiti to Land Entrusted to Gram Panchayat (§125): Bhumi Prabandhak Samiti (with SDO approval) admits: As bhumidhar with non-transferable rights to entrusted land (except §77 land). As asami to §77 land (except (a), (h), (i)) entrusted to GP (except tank in §61(a)). Order of Preference in Admission to Land by Bhumi Prabandhak Samiti (§126): Landless widow, sons, unmarried daughters or parents of person losing life in active service (Armed Forces). Landless person in Gram Sabha wholly disabled in active service (Armed Forces). Landless agricultural labourer (SC/ST/OBC/General BPL) in Gram Sabha. Other landless agricultural labourer in Gram Sabha. Landless person in Gram Sabha retired/released/discharged from Armed Forces (not officer). Landless freedom fighter in Gram Sabha (not granted political pension). Bhumidhar/asami in Gram Sabha holding Other landless agricultural labourer (SC/ST/OBC/General BPL) not in Gram Sabha but in Nyaya Panchayat circle. Preference to widow/physically disabled. 'Allotment' includes those under repealed enactments. 'Landless': self/spouse/minor children hold no land at/2 years before allotment. 'Freedom fighter' as per UP Public Services (Reservation...) Act, 1993. Allotted land + existing land not to exceed 1.26 hectares. Consequences of Allotment (§127): Trees/improvements existing on allotted land also deemed allotted (unless contrary intention). Allottee holds land on prescribed terms. Married man: wife is co-allottee of equal share. Cancellation of Allotment and Lease (§128): Collector (suo motu or on aggrieved person's application) inquires into allotment. Can cancel if contravenes Code/repealed enactments/rules. Application within 5 years of allotment/lease. Consequences of cancellation: allottee's/lessee's rights (land, trees, improvements) cease, revert to GP. Collector can direct delivery of possession to GP (using force). If §77 land (except (a), (h), (i)) allotted as bhumidhar (non-transferable), Collector can direct allottee/lessee treated as asami under §125(b) instead of cancelling. Collector's order final (subject to §210). §5, 49 of UP Consolidation of Holdings Act, 1953, do not apply. Restoration of Possession to Allottee or the Government Lessee (§129): If land allotted under §125 or let by State Government, and other person occupies unlawfully, Assistant Collector (suo motu or on allottee/lessee application) puts them in possession (using force). §65(2) to (8) (reoccupation) applies mutatis mutandis. Ejectment Bhumidhars Not to Be Ejected (§130): No bhumidhar liable to ejectment except as per Code. Suit for Ejectment etc. Against Asami (§131): Asami liable to ejectment only on suit by landholder/GP on grounds: Asami's interest extinguished. Asami held land year-to-year or period expired. Asami using land for non-permitted purpose (§84). Landholder had disability (§95(1)) and disability ceased or wishes personal cultivation. Asami in arrears of rent for >1 year, failed to pay within 30 days of demand notice. Asami transferred whole/part contravening Code. No notice to quit needed before suit. Landholder can claim arrears of rent in ejectment suit, or sue for arrears without ejectment. Right to Crops and Trees (§132): If asami ejected and ungathered crops/trees exist: Amount due $\ge$ value of crops/trees: Court delivers land with crops/trees to decree-holder; judgment-debtor's rights pass to decree-holder. Amount due $ Decree-holder pays difference: gets land, crops/trees. Decree-holder doesn't pay: judgment-debtor tends/gathers/removes crops/trees, paying compensation for land use. Court determines value of crops/trees and compensation. Suit for Injunction, Compensation etc. (§133): GP/landholder can sue asami in SDO court for injunction (unauthorized use/waste/damage), compensation, or repair of damage, instead of ejectment. Ejectment of Persons Occupying Land Without Title (§134): Person taking/retaining possession of bhumidhar's/asami's holding without consent/law: liable to ejectment by bhumidhar/asami suit, and damages at prescribed rate. State Government and Gram Panchayat are necessary parties. Ejectment of Trespassers of Gram Panchayat Land (§136): SDO (suo motu or on GP/local authority application) can eject person taking/retaining possession of specified land (GP/local authority land, land where GP/LA entitled to possession, land belonging to GP/LA, §77(d)/(e) land where asami cultivation impossible, land where asami admitted under §125(b) and GP proposes public use) if contravening Code and without consent. Liable for damages. Adequate show cause opportunity must be given. SDO can use force. 'Land' includes trees/improvements. Remedies for Wrongful Ejectment (§137): Asami wrongfully ejected/apprehending ejectment/prevented from possession can sue for possession or compensation for wrongful dispossession. Compensation for whole period of entitlement if possession not decreed. Rent Rent Payable by an Asami (§138): Asami pays agreed rent to landholder/GP (subject to restrictions/conditions). Application for Fixation of Rent (§139): If asami occupies without agreed rent, asami/landholder applies to Tahsildar for fixation. Tahsildar inquires, fixes rent as per rules, payable from occupation date. Appeal to SDO against Tahsildar's order; SDO's order final. Remission for Calamity by Court Decreeing Claim for Arrears (§140): Court hearing rent arrears suit can allow remission if holding decreased/produce diminished by calamity. Remission for period only. Court remission: State Government orders consequential remission in land revenue. Commutation of Rent (§141): If rent not in cash, Assistant Collector (suo motu or on application) can commute rent. Commuted rent payable from July 1st following order (unless specified otherwise). Recovery of Arrears of Rent from Asami of Gaon Panchayat, etc. (§142): Arrears from asami holding from GP/local authority recoverable as arrears of land revenue. Power to Write Off Arrears (§143): Bhumi Prabandhak Samiti/local authority can write off irrecoverable rent arrears (with Sub-Divisional Officer's confirmation for Bhumi Prabandhak Samiti). Declaratory Suits Declaratory Suits by Tenure Holders (§144): Bhumidhar/asami claiming rights in holding/part can sue for declaration. Bhumidhar suit: State and Gram Panchayat are necessary parties. Asami suit: land-holder is necessary party. Declaratory Suit by Gram Panchayat (§145): GP can sue any person claiming rights in land for declaration of such person's rights. Court can declare without further relief. Provision for Injunction (§146): In §144/145 suit, if property/trees/crops in danger of waste/damage/alienation, or party threatens to remove to defeat justice, Court can grant temporary injunction, appoint receiver. Chapter X: Government Lessees Definition of Government Lessee (§147): Person holding land on lease from State Government (before/after Code). Government Lessee’s Right to Hold Land (§148): Holds land according to lease terms. Ejectment of Government Lessee (§149): Grounds for ejectment: Failed to pay rent/sum within 6 months. Used land for non-granted purpose. Lease term expired or cancelled. Contravened lease terms/conditions. Provisions of U.P. Act No.22 of 1972 to Apply (§150): UP Public Premises (Eviction of Unauthorized Occupants) Act, 1972 applies mutatis mutandis. SDO is prescribed authority. Trespass on Land Held by a Government Lessee (§151): Person occupying leased land without consent/terms: liable to ejectment by government lessee suit, and damages. State Government is party, GP is not necessary party. If government lessee doesn't sue or execute decree within limitation: Occupant liable to eviction under §150. Government lessee's rights extinguished, lease deemed expired. Dues Recoverable as Arrear of Land Revenue (§152): Rent/dues from government lessee recoverable as arrears of land revenue. Chapter XI: Assessment of Land Revenue Land Held by Bhumidhar Liable to Payment of Land Revenue (§153): All bhumidhar lands (wherever, whatever purpose) liable to assessment and payment of land revenue. State Government can exempt. Land can be assessed even if exempted. No length of occupation releases land from liability. Exemptions: land with buildings (not improvements), graveyards, cremation grounds. Land Revenue Payable by Bhumidhar (§154): Existing bhumidhars pay same land revenue as before Code. New bhumidhars pay same land revenue as before acquisition. New bhumidhars where no land revenue was payable: SDO determines land revenue as prescribed. Variation of Land Revenue (§155): Land revenue can be varied (increase/decrease) due to change in holding area or productivity (fluvial action, natural cause). Exemption of Land Revenue in Certain Cases (§156): Family whose members' total bhumidhar land $\le 1.26$ hectares (3.125 acres) is exempt. Remission or Suspension of Land Revenue on the Occurrence of Agricultural Calamity (§157): State Government can remit/suspend whole/part of land revenue for holdings affected by agricultural calamity. State Government can remit/suspend rent payable by asami to GP in affected village. Power of State Government to Remit Rent in Certain Cases (§158): If land revenue varied/remitted/suspended, State Government can vary/remit/suspend rent payable by asami (other than GP asami). Consequences of Suspension of Rent (§159): Period of suspension excluded from limitation for rent recovery suit. No suit/application for recovery during suspension. Annual Enquiry of Revenue Free Land (§160): Collector inquires annually into revenue-exempt lands. If condition breached, reports to Board for final orders. Rounding Off the Amount of Land Revenue (§161): Amount rounded to nearest rupee. 50 paise+ becomes 1 rupee, Finality of Orders (§162): State Government orders under this Chapter are final, not questioned in Court. Chapter XII: Collection of Land Revenue Land Revenue to Be the First Charge (§163): Land revenue is first charge on holding, trees, buildings, rents, profits, produce. State Government's claim for other sums recoverable as arrears has priority over unsecured claims. Bhumidhars to Be Jointly and Severally Liable (§164): Co-bhumidhars jointly/severally liable. Successors liable for arrears. Land Revenue When Becomes Due and Payable (§165): Due on July 1st, payable at prescribed times/instalments/places/manner. Arrangements for Collection of Land Revenue (§166): State Government makes arrangements, employs agency. Defaulters (§167): Land revenue unpaid by due date becomes arrear; liable persons become defaulters. Certified Account to Be Evidence of Arrears (§168): Tahsildar's certified account is conclusive evidence of arrear, amount, defaulter. Writ of Demand (§169): Tahsildar issues writ of demand to defaulter. Process for Recovery of Arrears (§170): Unpaid arrears recovered by one or more processes: Arrest/detention. Attachment/sale of movable property (including agricultural produce). Attachment of bank account/locker. Attachment of land in respect of which arrear is due. Lease/sale of land in respect of which arrear is due. Attachment/sale of other immovable property. Appointment of receiver. Processes can be simultaneous or sequential. Sums not due on specific land recovered from any immovable property (including bhumidhar holding). Arrest and Detention (§171): Defaulter arrested/detained in Tahsil lock-up (or other place) for $\le 15$ days, unless arrears paid. Exemptions: Woman, minor, senior citizen (65+), Armed Forces, persons exempt under CPC §133, 135, 135-A. Detention only if officer believes it compels payment. Warrant withdrawn if defaulter pays/undertakes to pay substantial portion and furnishes security. No arrest if amount Attachment and Sale of Movable Property (§172): SDO attaches/sells movable properties (including agricultural produce). Exemptions: wearing apparel, cooking vessels, beds/bedding, personal ornaments (religious usage) of defaulter/family; tools of village artisan; implements of husbandry (except mechanical), cattle, seed for agriculturist's livelihood; articles for religious worship. 'Agriculturist': cultivates personally, livelihood mainly from agricultural land. 'Cultivates personally': by own labour, family labour, or paid servants/labourers. Attached property left with defaulter if security furnished; otherwise with responsible person (supurdar). Livestock removed to pound if no security/supurdar. Supurdar executes bond, preserves property, produces when required. Liable for damages/loss. If arrears not paid within 30 days of attachment, SDO sells. Attachment of Bank Account and Locker of the Defaulter (§173): Bank account attachment by garnishee order (CPC Order XXI, Rules 46, 46-A, 46-B). Locker sealed; SDO orders inventory/disposal. Attachment of Holding (§174): Collector attaches land for land revenue arrears. Attachment withdrawn if arrears paid. If arrears not paid within 30 days, Collector proceeds under §175 (lease) or §176 (sale). Lease of Holding (§175): Attached land (§174): Collector can lease for $\le 10$ years (from July 1st) to non-defaulter. Lessee pays arrears + land revenue at defaulter's rate. Lessee defaults: amount recovered by §170 processes; lease determined. Expiry of lease: land restored to tenure holder (free of revenue arrears). Sale of Holding (§176): If no suitable lessee or lease determined, Collector can sell holding/part as prescribed, appropriating proceeds under §200. Collector reports sales to Board of Revenue. Attachment and Sale of Other Immovable Property (§177): Collector can realize arrears by attaching/selling other immovable property of defaulter. Exemptions: agriculturist's house/building/site/appurtenant land. 'Agriculturist' as in §172. Appointment of Receiver (§178): Collector can appoint receiver for movable/immovable property of defaulter. Removes person from possession, commits to receiver. Confers powers for suits, management, collection, execution of documents. Cannot remove person if defaulter has no present right to remove. Collector can extend receiver's duration. Order after notice to defaulter (show cause), considering representation. Interim order possible without notice (vacated if no notice in 2 weeks). CPC Order XL, Rules 2-4 apply mutatis mutandis. Receiver functions under Collector's control, furnishes info/returns. Collector can remove receiver (without assigning reason) for inefficiency, negligence, default, disobedience, misconduct, omission, misappropriation. Removed receiver not entitled to damages. Collector determines loss caused by receiver, recovers as arrears. Rent/profits (minus expenses/remuneration) adjusted towards arrears; balance to defaulter. Property restored to defaulter once arrears discharged. Procedure of Recovery (§179): Recovery officer follows prescribed procedure. Recovery of Costs and Collection Charges (§180): Costs of processes (§170-178) as prescribed. Collection charges (up to 10% of amount due) as prescribed. No charges if paid before arrest/sale. Costs/charges added to and recoverable as arrears. Recovery Proceedings Against Legal Representatives etc. (§181): If defaulter dies, proceedings (except arrest/detention) continue against legal representatives (liable to extent of deceased's property). Surety proceeded against as if defaulter. Attachment and Sale of Immovable Properties Attachment of Immovable Property (§182): Attachment process (§174, 177) or lease (§175) issued by Collector. Effected as per CPC Order XXI, Rule 54. Objection Against Attachment (§183): Claim by non-defaulter regarding attached property: Collector inquires, admits/rejects. No claim entertained if property already sold, claim delayed, or preferred after 30 days of attachment. Aggrieved by order: appeal to Commissioner within 60 days. Collector's order final (subject to appeal). Proclamation of Sale (§184): Collector/authorized Assistant Collector issues proclamation of sale, specifying: property details, estimated value, reserve price, circle rate, land revenue, encumbrances, arrears amount, date/time/place of sale, other particulars. If area > 5.0586 ha, single proclamation, but sale in lots of 1.26 ha or more. No sale before 21 days from proclamation. Copy served on defaulter. Affixation of Proclamation (§185): Copy affixed at Collector's office, Tahsildar's office, public building in village/area, defaulter's dwelling. Sale When and By Whom Made (§186): By Collector or authorized Assistant Collector. Not on Sunday/holiday. Sale Officer can postpone for sufficient reason. Postponement > 21 days or re-sale on default: fresh proclamation. Stoppage of the Sale (§187): If defaulter pays arrears + costs before sale date, officer stops sale. Prohibition to Bid (§188): Officer involved in sale, or his employees/subordinates, cannot bid/acquire interest. If no bid up to ordered amount, Collector can order bid up to arrears amount. Deposit by Purchaser and Re-Sale on Default (§189): Purchaser deposits 25% of bid immediately. Default: property re-sold, purchaser liable for expenses/deficiency (recovered as arrears). Deposit in cash or demand draft. Deposit of Purchase Money (§190): Balance paid by 15th day from sale date. Default: property re-sold, deposit forfeited to State Government. Auction Sale of Land Held by Scheduled Caste or Scheduled Tribe (§191): If SC/ST land sold, other SC/ST person paying highest bid amount + 1% to purchaser (within 30 days) gets preference. If multiple, highest bidder among them gets preference. If original highest bidder not confirmed due to preference, gets back deposit + 1%. Application to Set Aside the Sale on Deposit of Arrears (§192): Person whose property sold can apply to Collector within 30 days by depositing: 1% of purchase money (for purchaser), arrears (less paid), sale process costs. If deposit made, Collector sets aside sale. Cannot apply under §193 if applied under this section. Application to Set Aside Sale for Irregularity (§193): Defaulter/auction purchaser/affected person can apply to Commissioner within 30 days to set aside sale for material irregularity/mistake in publishing/conducting. Sale set aside only if applicant proves substantial injury by irregularity/mistake. Commissioner's order final (subject to Revenue Board revision). Confirmation of Sale (§194): After 30 days (if no §192/193 application, or rejected), Collector confirms sale. If purchase money > Rs. 50 lakh or Collector's/Commissioner's order final. Setting Aside of Sale by Collector or Commissioner (§195): Notwithstanding §192-194, Collector/Commissioner can set aside sale (after notice to auction purchaser) for recorded reasons. Bar of Claims Against in Certain Cases (§196): If no §193 application within time, claims regarding irregularity/mistake in sale barred. Refund of Purchase Money (§197): If sale set aside (§192/193), purchaser gets back purchase money + 1% (if §192 case). Certificate of Sale (§198): After confirmation, Collector grants certificate to purchaser. Certificate is valid transfer, need not be registered as conveyance (except §89 Registration Act, 1908). Property vests in purchaser on sale date, not confirmation date. Certified Purchaser to Be Put in Possession (§199): Collector puts purchaser in possession (using force). Cannot remove person whom defaulter had no present right to remove. Application of Sale Proceeds (§200): Proceeds used in order: process costs/collection charges; arrears; balance to defaulter. Summary Ejectment of Unauthorized Occupants (§201): Collector can summarily eject unauthorized occupants of attached/leased/sold property (using force). Bar of Suits (§202): No civil suit for assessment/collection of land revenue or recovery of arrears (subject to §203). Payment Before Suit (§203): Person can pay claimed amount to recovery officer (proceedings stayed), then sue State Government in Civil Court for recovery. Other Payments Not to Be a Valid Discharge (§204): Payment for attached land/dues to other than authorized revenue officer is not valid discharge. Applicability of the Chapter (§205): Applies to recovery of all land revenue arrears/recoverable sums (before/after Code). Chapter XIII: Jurisdiction and Procedure of Revenue Courts Jurisdiction of Civil Courts and Revenue Courts (§206): No Civil Court entertains matters empowered to State Government/Board/Revenue Court/Officer under Code. Civil Courts cannot exercise jurisdiction over matters in Second Schedule. No court other than specified Revenue Court/Officer in Third Schedule entertains specified matters. Objection to jurisdiction of §206(2)(b) court/officer not entertained by appellate/revisional/executing court unless taken at earliest opportunity and resulted in failure of justice. First Appeal (§207): Aggrieved party appeals to court/officer in column 4 of Third Schedule against final order/decree in column 2 (passed by court/officer in column 3). Also against orders under CPC §47, §104, Order XLII, Rule 1. Limitation: 30 days from order/decree. Second Appeal (§208): Aggrieved party appeals to court in column 5 of Third Schedule against final order/decree in first appeal (§207). Only entertained if substantial question of law involved. Limitation: 90 days from order/decree. Bar Against Certain Appeals (§209): No appeal against: Orders under Chapter XI. Orders granting/rejecting condonation of delay (§5 Limitation Act, 1963). Orders rejecting revision. Orders granting/rejecting stay. Orders remanding case. Interim orders. Orders by consent. Ex-parte or by default orders (application to set aside within 30 days; no reversal without hearing other party). Power to Call for the Records (§210): Board/Commissioner can call for records of subordinate Revenue Court (where no appeal lies) for legality/propriety of order. Can pass orders if subordinate court: exercised jurisdiction not vested, failed to exercise vested jurisdiction, acted illegally/irregularly. If application made to Board or Commissioner, no further application by same person to the other. Cannot withdraw to refile. Limitation: 60 days from order or Code commencement (whichever later). Board’s Power of Review (§211): Board can review its own order (suo motu or on application) for: new matter/evidence, error apparent on face of record, other sufficient reason. Orders passed on review not reviewed. Application for review within 60 days. Power to Transfer Cases (§212): Board can transfer cases between revenue officers of equal/superior rank (same/other district). Commissioner/Collector/SDO can transfer cases from own file to subordinate revenue officer, or withdraw cases and deal with them or refer to other officer. State Government to Be Necessary Party in Certain Cases (§213): State Government is necessary party in suits by/against Gram Panchayat/local authority. Applicability of Code of Civil Procedure, 1908 and Limitation Act, 1963 (§214): Provisions apply unless expressly provided otherwise. Orders Not to Be Invalid on Account of Irregularity in Procedure (§215): No reversal/alteration in appeal/revision for mere error/omission/irregularity in procedure unless occasioned failure of justice. Service of Notice (§216): Served by: delivering to person; registered post; for company, to secretary/principal functionary at principal office; or as per CPC for summons. Revenue Courts to Have No Power to Adjudicate Upon the Validity of Enactment (§217): Board/Revenue Court has no jurisdiction over validity of Code/other law/rules/notifications. Chapter XIV: Miscellaneous Power to Exempt from the Provisions of the Code (§218): State Government can exempt its own land, Central Government land, or local authority land from Code provisions. Delegation (§219): State Government can delegate powers (except rule-making) to Board/other officer/authority, subject to restrictions. Power to Enter Upon Land (§220): Officer appointed under Code can enter land with public servants for duties. Right to Inspect and Obtain Copies (§221): Documents/records/registers open for inspection (fees, conditions). Certified copies obtainable on payment. Computation of Areas in Certain Districts (§222): For specified areas (Jhansi/Chitrakoot divisions, trans-Jamuna parts of Allahabad/Etawah/Agra/Mathura, Sonbhadra, parts of Mirzapur), 1.5 hectares counts as 1 hectare. Mode of Recovery of Fines etc. (§223): Fees, fines, costs, expenses, penalties, compensation payable to/recoverable by State Government/GP/local authority recoverable as arrears of land revenue. Power to Call for Statement (§224): Revenue officer can require tenure holder/possessor to furnish statement of interest in land (self/family) and disclose other interested persons. Protection of Action Taken in Good Faith (§225): Officer/servant not liable in civil/criminal proceedings for acts done in good faith under Code/rules. No suit against State Government for damage/injury caused by Code provisions or good faith actions. Determination of Questions in Summary Proceeding (§225-A): Questions in summary proceedings decided on affidavits. Revenue Court/Officer can require witness for cross-examination. Lodging of Caveat (§225-B): Person expecting application (suit, appeal, revision) can lodge caveat after serving copy to applicant. Applicant must prove prior notice to caveator. Caveat registered. Constitution of Committee (§225-C): Collector constitutes committees at Gram Panchayat level (as notified by State Government) to assist in case disposal/grievance redressal. Committee has Chairman + 4 members (nominated/designated), including at least one woman, one SC/ST, one OBC. Power of an Assistant Collector of First Class Not in Charge of a Subdivision (§225-D): Exercises powers of SDO for cases referred by Collector. Powers of Assistant Collector of Second Class (§225-E): Investigates/reports on cases committed by Collector/SDO. Consolidation of Cases (§225-F): Multiple cases with same question/cause of action in different courts: transferred/consolidated to subordinate court, decided by single judgment. Multiple cases in same court: court can direct joint trial if expedient, decided on evidence from all/any. Chapter XV: Penalties Penalty for Encroachment etc. (§226): Encroaching/obstructing public road/path/common land; failing to comply with SDO order (§23(1)); failing to comply with Tahsildar order (§25/26); failing to comply with order (§42/48). Fine: Rs. 1,000-10,000 (for encroachment); Rs. 500-5,000 (other cases). Officer can require personal bond (up to Rs. 15,000) for abstaining from repetition. Damages for Destruction etc. of Boundary Marks (§227): Wilfully destroying/injuring/removing boundary mark: Tahsildar can order payment up to Rs. 1,000 per mark (for restoration, informant reward). Does not bar IPC prosecution. Penalty for Cutting or Removing Trees Illegally (§228): Cutting/removing/appropriating State Government/local authority/GP trees without authority: liable to pay value (recoverable) + other penalties. Criminal proceedings also possible. Collector can direct confiscation. Penalty for Not Furnishing Required Statement or Information etc. (§229): Failing to furnish required info; furnishing false info; obstructing Collector/revenue officer/GP in taking possession; obstructing officer/public servant in §220 acts: imprisonment up to 2 years, or fine, or both. Chapter XVI: Repeal and Savings Repeal (§230): Enactments in First Schedule repealed. Repeal does not affect: continuance in Uttarakhand; previous operation/acts; application/incorporation of enactment in other laws; validity/consequences of past acts/rights/obligations/remedies; legal principles/rules/jurisdiction/practice/usage/custom/privilege/restriction/exemption/office/appointment. Acts/actions under repealed enactments (if not inconsistent with Code) deemed done under corresponding Code provisions, remain in force until superseded. Applicability of the Code to Pending Proceedings (§231): Cases pending before State Government/Revenue Court before Code: decided by old law. Cases pending in Civil Court before Code (exclusively triable by revenue court under Code): disposed by Civil Court under old law. Power to Remove Difficulties (§232): State Government can issue notified order to adapt Code (modify, add, omit) for up to 2 years from commencement. Order laid before State Legislature. Order not questionable on ground of non-existence of difficulty. Rules (§233): State Government makes rules for carrying out Code purposes. Includes: terms of service for Board members; business distribution; revenue area guidelines; boundary demarcation/maintenance; survey/record operation (modern tech); map/document preparation/maintenance/inspection/copies; succession/transfer reports, mutation/correction; Kisan Bahi; tree plantation/disputes; property protection/disposal/compensation; land revenue assessment/variation/remission/suspension; land revenue collection/costs; rent fixation/commutation/write-off; legal practitioners; suits/appeals/inquiries; Collector lease/cancellation/eviction; GP land allotment/restoration/cancellation; officer duties; time limits; fees; fishing regulation; pasture/cremation grounds/hunting; other matters. Existing rules/orders (if not inconsistent) remain in force. Rules can prescribe fine up to Rs. 25,000 for breach. Regulations (§234): Board (with State Government approval) makes regulations: Governing Revenue Court/officer procedure (suits, applications, proceedings). Directions for land records preparation/maintenance/supervision. Duties of Tahsildars/Naib-Tahsildars, postings, transfers, temporary appointments. Procedure for petition writers' licenses. Other matters prescribed by rules. Regulations have force of law. Existing Revenue Court Manual, Land Records Manual, Collection Manual, Land Revenue (Survey and Record Operation) Rules, 1978 (if not inconsistent) remain in force until amended/rescinded/repealed. First Schedule (See Sections 2 and 230) List-A: Enactments of general applications (e.g., UP Land Revenue Act, 1901; UP Zamindari Abolition and Land Reforms Act, 1950). List-B: Enactments with special reference to Uttarakhand territories. Second Schedule (See Section 206(2)(a)) Matters Excluded from the Jurisdiction of the Civil Court: Boundary determination/fixing marks. Questioning Collector's abadi decision. Claiming/omitting/amending/substituting revenue record entries. Assessment/remission/suspension of land revenue/rent. Claims related to State Government collection/enforcement of land revenue recovery. Claims against vesting of property in State Government/GP/local authority. Levy/imposition of fines/costs/expenses/charges/penalties/compensation. Reinstatement of wrongfully ejected/dispossessed bhumidhar/asami. Compelling duty imposed on revenue officer. Division/creation/amalgamation/abolition/readjustment of revenue areas/Lekhpal's circles. Allotment of land (§64, 125) or cancellation. Questioning Collector's direction under §71. Questioning delivery of possession (§124) or eviction (§134, 201). Questioning validity of State Government order under Chapter XI. Possession over any land. Establishing rights of co-tenure holder. Third Schedule (See Sections 206, 207 and 208) Table of Suits/Applications/Proceedings, Original Jurisdiction, First Appeal, Second Appeal: §24 Boundary and boundary marks: SDO $\to$ Commissioner $\to$ NIL §35 Mutation case: Tahsildar $\to$ SDO $\to$ Board §54, 56, 57 Disputes relating to trees: Collector $\to$ Commissioner $\to$ Board §67 Eviction of illegal occupier from Gram Panchayat land: Assistant Collector $\to$ Collector $\to$ 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: SDO $\to$ Commissioner $\to$ Board §85(1) Suit for ejectment by Gram Panchayat against a bhumidhar with non-transferable right: SDO $\to$ Commissioner $\to$ Board §85(2) Suit for ejectment by a land holder against an asami: SDO $\to$ Commissioner $\to$ Board §96(2) Suit for partition by a disabled cosharer: SDO $\to$ Commissioner $\to$ Board §116 Suit for division of a holding: SDO $\to$ Commissioner $\to$ Board §131(1) Suit for ejectment of an asami: SDO $\to$ Commissioner $\to$ Board §131(4) Suit for recovery of arrears of rent against an asami: SDO $\to$ Collector $\to$ NIL §133 Suit for injunction, compensation etc.: SDO $\to$ Collector $\to$ NIL §134 Suit for ejectment against a person occupying land without title or for damages or for both: SDO $\to$ Commissioner $\to$ Board §137(1) Suit for possession, compensation or injunction: SDO $\to$ Commissioner $\to$ Board §139(1) Application for fixation of rent: Tahsildar $\to$ SDO $\to$ NIL §141(1) Application for commutation of rent: SDO $\to$ Collector $\to$ NIL §144 Suit for declaration by bhumidhar or asami: SDO $\to$ Commissioner $\to$ Board §145 Suit for declaration by bhumidhar or asami: SDO $\to$ Commissioner $\to$ Board §151(1) Suit by a Government lessee for ejectment or for damages or both: SDO $\to$ Commissioner $\to$ Board Note: Suits in §82(2)(c) to §131(1), §134, §137(1), §139(1) to §151(1) can also be heard by Assistant Collector, First Class (other than SDO) if transferred by Collector. Fourth Schedule (See Section 222) List “A” (Villages of Pargana Ahraura) List “B” (Villages of Pargana Bhagwat)