AMIT LAW INSTITUTE

U.P. REVENUE CODE, 2006

This Act is of great import for the state as it repeals a number of obsolete laws
enacted during the British regime; many of which are inconsistent with one
another. Acting as a uniform code, the Act consolidates and amends the laws
relating to land-tenures and land revenue in the State and speeds up the disposal
of the revenue cases by creating a Revenue Court for disposal of cases relating
to matters provided under this Act. The Act also comes with a clause that was
fiercely contested upon by the two prominent parties of the state, allowing
Dalits to sell their land to non- Dalits even if their remaining holding is less than
3.5 acres. To safeguard land ownership of Dalits and protect them from being
forced to sell their land to upper caste persons, the earlier land revenue laws did
not allow them to sell their land to OBCs and Upper Castes if their remaining
land was less than 3.5 acres.
The new revenue regime is promising in a number of ways, opening up new
dimensions for the economic prosperity of the state, especially benefiting the
dalits who had failed to secure buyers among their class given their economical
backwardness. Now, they are free to sell their lands to whoever they want, they
are free to mortgage their property with whomsoever they wish; gift the
properties or lease them to people irrespective of their class and realize the
worth of their assets.

Classes of Tenure-Holders:

Sec 74 of the Code provides four types tenure holders. These are:

a. Bhumidhar with transferable rights

b. Bhumidhar with non-transferable rights

c. Asami

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 AMIT LAW INSTITUTE

d. Government lessee

1. Bhumidhar with transferable rights: Section 75 of the Code, provides

that following persons shall be BTR:
a. Every person who was a BTR immediately before the date of
commencement of this Code.

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MOBILE NO-09452093240, 09889352507
 b. Every person who in any other manner acquires on or after the said
date,the rights of such a Bhumidhar under this Code or under any
other law for the time being in force.
c. Sec 76(2) provides that every person who was a Bhumidhar with
non-transferable rights immediately before the commencement of
this Code and had been such Bhumidhar for a period of five years or
more,shall become BTR on such commencement.
d. Sec 76(3) provides that every person who was a BNTR on the
commencement referred to in sub-sec (1) and (2) or becomes BNTR
after such commencement shall become BTR after expiry of ten
years from his becoming BNTR.
Bhumidhar with transferable rights is the highest type of tenure holder.
His interest is permanent, heritable and transferable.
2. Bhumidhar with non-transferable right: Section 76(1)(a)-(e) provides
following persons as Bhumidhar with non-transferable rights:
a. Every person who was a bhumidhar with non-transferable rights
immediately before the date of commencement of this Code.
b. Every person who is admitted as bhumidhar with non- transferable
rights on or after the said date by the Bhumi Prabandhak Samiti to
any land under or in accordance with the provisions of this Code.
c. Every person who is allotted any land on or after the said date under
the provisions of the Uttar Pradesh Bhoodan Yojna Act,1952.
 d. Every person who is allotted any land on or after the said date under
the provisions of the Uttar Pradesh Imposition of Ceiling on Land
Holdings Act,1960.
dd. Every person who was an asami in possession of land not covered
by Section 77 of this Code, immediately before the date of
commencement of this Code and had been recorded as such in class-3
of the annual register(khatauni) of 1407 Fasli.
e. Every person who in any other manner acquires the right of such a
bhumidhar under or in accordance with the provisions of this Code,
or any other law for the time being in force.
3. Asami: Sec 78(a)-(d) provides following persons as asami:

a. Subject to the provision of clause (dd) of sub-section (1) of section

76 of this Code,every person who was an asami immediately before
the date of commencement of this Code.
b. Every person who is admitted as an asami on or after the said date by
the Bhumi Prabandhak Samiti to any land under or in accordance
with the provisions of this Code.
c. Every person who is admitted as lessee on or after the said date by a
bhumidhar of any land under or in accordance with the provisions of
this Code.
d. Every person who in any other manner, acquires the rights of an
asami under or in accordance with the provisions of this Code or any
other law for the time being in force.
 RIGHTS OF TENURE HOLDERS

The superior most is the bhumidhar with transferable rights. His right is
permanent, heritable and transferable. His rights can be discussed as follows:

Rights of Bhumidhar with transferable rights:

1. Right to use the land:

Section 79 (1) provides that a Bhumidhar with transferable rights shall,

subject to the provisions of this Act, have the right to exclusive possession of all
land of which he is a bhumidhar and to use it for any purpose whatsoever.
But, there are certain restrictions imposed upon the bhumidhar with transferable
rights which are as follows:
1. A bhumidhar with transferable rights has no right to appropriate minerals
existing on his bhumidhari land. Mines and minerals under the Act have
been vested in the state. Only the usufruct of land is vested in the tenure
holder. Section 79 merely gives right to bhumidhars as as tenure holders
to the exclusive possession of all land in respect of which they are
bhumidhars and to use it for any purpose whatsoever. It does not give
right to bhumidhars to use up the land forming the subject matter of the
bhumidhari. The ownership of the corpus remains with the state and
bhumidhars are entitled to use it as tenure holders.
2. Sec 122 of code provides that if a bhumidhar does not pay land revenue
and does not use the land for agriculture for a continuous period of three
agricultural years then the collector may after inquiry if he deems
necessary takes possession of the land by such bhumidhar.
2. Right to transfer the land:

According to Section 88 of the Code,the interest of a bhumidhar with

transferable rights, subject to the certain conditions, shall be transferable. The
right of transfer is available to all the bhumidhars with transferable rights
whether be a male or a female, whether he is a Hindu or non-Hindu and whether
the bhumidhari land is ancestral or self acquired.

Restrictions:

1. According to Section 89(2) no bhumidhar shall have the right to transfer,

by sale or gift any land as a result of which the purchaser or donee
becomes entitled to land which, together with land, if any, held by his
family, will in aggregate exceed 5.0586 acres in UP. Transfer made in
contravention of this provision shall be void under Sec 104.

Sec 105 provides the following consequence shall ensue if transfer is

made in contravention of provisions of this Code:
a. The subject matter of such transfer shall vest in the State
government free from all encumbrances.
b. The trees, crops, wells and other improvements, existing on such
holding or part shall vest in the State government free from all
encumbrances.
c. The interests of the transferor and the transferee in the properties
specified in clauses (a) and (b) shall stand extinguished.
d. The extinction of interest of the transferor under clause (c) shall
operate to extinguish in the interest of any asami holding under
him.
2. Transfer by member of SC – Section 98 of the Code provides the
restrictions on the member of SC in transfer his holding. Accordingly, a
bhumidhar belonging to SC cannot transfer by way of sale, gift, mortgage
or lease any land a person not belonging to SC. With the previous
approval of the collector the transfer in favour of a person of non-SC can
be made. The collector may grant approval only when-
a. The bhumidhar belonging to a SC has no surviving heir specified
in clause (a) of sub-section (2) of section 108 or clause (a) of
section 110,as the case may be;or
b. The bhumidhar belonging to a SC has settled or is ordinarily
residing in the district other than that in which the land proposed to
be transferred is situated or in any other State for the purpose of
any service or any trade ,occupation, profession or business:or
c. The Collector is, for the reasons prescribed, satisfied that it is
necessary to grant the permission for transfer of land.
3. Transfer by member of ST – Section 99 provides that a bhumidhar
belonging to ST is prohibited to transfer by way of sale, gift, mortgage or
lease any land to a person not belonging to such tribe. Transfer made in
contravention of the provision will be void and the land, trees, crops etc.
shall be vested in the state free from all encumbrances.
4. Person other than indian national not to acquire land-Sec 90 provides
that no person, other than an Indian citizen, shall have the right to acquire
any land by way of sale or gift or in any other manner involving transfer
of possession in his favour,without prior permission in writing from the
State government.
5. Restriction on transfer by mortgage-Sec 91 provides that a bhumidhar
with transferable rights cannot mortgage any land belonging to him where possession of
the
mortgaged land is transferred or is agreed to be transferred in future to the
mortgage as a security for the money advanced. If the there is a violation of this
section then section 93 will apply and it said that mortgaged with possession to
the transferee shall be deemed as a sale to the transferee.
6. Restriction on lease-According to sec 94 of the code a bhumidhar cannot
let his holding or part thereof, except:
a. When he himself is a disabled person enumerated under Section 95
or
b. Where the lessee is a recognized educational institution for
providing instructions in agriculture, horticulture or animal
husbandry including pisciculture and poultry farming.

3. Right to Exchange – Section 101 provides that a bhumidhar may

exchange his land with the land of any other bhumidhar, or gaon sabha or
local authority (like municipality, town area or notified area). This
exchange can be made only with the prior approval of the Sub-Divisional
Officer.
On exchange the tenure holders shall have the same rights in the land so
received in exchange as they had in the land given in exchange. But the land
revenue of the plots shall remain unchanged.

If the restriction is violated the exchange shall be void, and both the lands
with effect from the date of exchange, be deemed to have vested in the state
government free from all encumbrances. The trees, crops and wells existing on
the lands on the date of transfer shall, with effect from the said date, be deemed
to have vested in the state government free from all encumbrances.

The Sub-Divisional Officer may take over possession of such land or

other property and may direct that any person occupying such land or property
be evicted therefrom. The transferees may remove other
movable property or the material of any immovable property existing on such
land on the date of transfer.

4. Right to bequest (Section 107) – A bhumidhar with transferable rights may,

by will, bequeath his holding or any part thereof. Amongst the three tenure
holders only the bhumidhar with transferable rights possesses this right..
Bhumidhar with non-transferable rights and asami have no right to make will.
But such non-transferable right with bhumidhar, who had been granted land and
is in the Act, will be deemed bhumidhar with transferable rights of bhumidhar
and can execute a will.
Distinction between male and female and between females obtaining land
in succession from male and otherwise have now been wiped off by the UP
Land Laws (Amendment) Act, 1975.

Restrictions:

1. A bhumidhar with transferable rights belonging to SC cannot, without the

previous approval of the collector, make a will in favour of non-SC.
2. A bhumidhar with transferable rights belonging to ST cannot make a will
in favour of a non-ST.
Any contravention of the provisions of Code will make the will as void and
ineffective.

5. Right to get declaration: Section 80 provides where a bhumidhar with

transferable rights uses his holding or part thereof for a purpose not connected
with agriculture, horticulture of animal husbandry which includes pisiculture
and poultry farming, the Sub-divisional officer in-
charge of the sub-division may, suo motu or on application, may a
declaration to that effect. Where the proceedings have been started by the Sub-
divisional officer of the sub-division on his own motion, he shall issue notice to
the bhumidhar concerned, or he shall give him an opportunity of being heard
before making such declaration.

When the declaration to the effect is granted:

a. The succession to the land shall be devolved by the personal law to which
he is subject; and
b. The provisions of Chapter VIII of the Act shall cease to apply with
respect such land that is, he can transfer even to such person who has
already more than 12.5 acres of land.

6. Right to sue for division: Section 116 of the Code provides that a
bhumidhar may sue for division of his holding. To every such suit the Gram
Panchayat concerned shall be made a party. It further provides that one suit may
be instituted for the division of more than one holding where all the parties of
the suit other than Gram Panchayat are jointly interested in each of the holdings.

7. Right of non-ejectment: According to Section 130 “no bhumidhar shall be

liable to ejectment from his holding except as provided in this Act”. That is to
say bhumidhar cannot be ejected from his holding on any ground.

Exception is provided in Section Accordingly, any person including

bhumidhar shall be liable notwithstanding anything contained in Section 130, on
the suit of gaon sabha to ejectment from the land:
a. Where he was admitted a tenure holder or grove holder on a
 land of public utility like common pasture land, pathway, tank,

etc., or where he was a zamindar and cultivated the land himself.

b. Where he was admitted as such on or after August 8, 1946 and before
July 1, 1952; and
c. Where the suit was filed within 10 years from the date of vesting. (This
provision has become obsolete since 10 years have already elapsed).

Where the interest of a bhumidhar is extinguished on any one or more of

the grounds mentioned under section 86, the tenure holder ceases to be a
bhumidhar and his privilege of claiming immunity of non-ejectment is lost.
Similarly, according to Sections 103 and 104 where a bhumidhar transfers the
land in violation of any provision of the Act, the transfer will be void and the
subject matter of the transfer shall, with effect from the date of transfer, be
deemed to have been vested in the state government. The transferor if
occupying the land may be evicted by the collector.

Right of Bhumidhar with non-transferable rights:

1. Right to use the land: This right is provided under Section 79(2) of the
Act. Accordingly, a bhumidhar with non-transferable rights shall have the
right to exclusive possession of all land of which he is such bhumidhar
and to use such land for any purpose connected with agriculture,
horticulture or animal husbandry which includes pisiculture, poultry and
social forestry. Purpose connected with agriculture etc. will depend upon
the facts and circumstances of each case. But if,
a. Section 122: A bhumidhar with non-transferable rights does

not use his holding for the purpose as mentioned under

 section 79(2) (that is for a purpose connected with agriculture,
horticulture, social forestry and animal husbandry including
pisiculture and poultry farming) for three consecutive years, the
land may be declared as abandoned land by the Collector.
b. Section 122: A bhumidhar being a minor, lunatic or idiot has not
used his holding for a purpose connected with agriculture,
horticulture etc. for three consecutive agricultural years, the
Collector may take possession of the land from the bhumidhar and
collector may let it out on the behalf of bhumidhar for a period of
one agricultural year.

2. Right to transfer the land: Section 88(2) says that the interest of a
bhumidhar with non-transferable rights is not transferable, but it is
heritable and permanent. The UPZA&LR (Amendment) Act 1995 added
section 131 B. The consequence of the addition is that every person who
was a bhumidhar with non-transferable rights immediately before the
commencement of the UPZA&LR (Amendment) Act 1995 and had been
such bhumidhar for a period of ten years or more, shall become a
bhumidhar with transferable rights on such commencement. The person
who have been allotted later on and has not completed the period of 10
years, shall be bhumidhar after completion of the required period.

After acquiring the bhumidhari right in land, such person have right to
alienate the land by way of sale to any person but after transfer of land, the
transferor shall become in future ineligible for lease of the land vested
in gram sabha or land declared as surplus under UP Imposition of Ceil;ing on
Land Holdings Act, 1960.
Exceptions:

There are certain circumstances in which a bhumidhar with non-

transferable rights may make transfer. These circumstances are as follows:
a. He may mortgage without possession his interest in the holding as a
security for a loan(92)
b. He can make a lease of his land to anybody if he himself comes within
the category of disabled person.(94).
If a bhumidhar with non-transferable rights makes any transfer in
contravention of the provision of the Act, the transfer shall be void.

3. Right to surrender – A bhumidhar with non-transferable rights and an

asami enjoy this right to surrender his holding. Section 118 provides that
a bhumidhar with non- transferable rights may surrender his holding or
any part thereof by making an application in writing to the tahsildar and
giving a notice in writing to the LMC intimating his intention to do so
and by giving up possession thereof whether such holding is or is not let.
4. Right to exchange- section 101
5. Right to Sue- Section 116
6. Right Of Bequest- Section 107(4) says that Bhumidhar with non
transferable right has no right of bequest his interest by will.
Rights of an Asami:

1. Right to use the land: According to Section 84 an asami shall, subject to

the provision of this Act, have the right to exclusive possession of all land
comprised in his holding and to use husbandry which includes pisiculture
and poultry farming. Provided that any land which is declared by the state
government by notification in the Gazette to be intended or set apart for
taungya plantation shall not be used by the asami thereof except for
purpose of growing agricultural crops. The unauthorized use of the land
will follow the following consequences:
a. An asami can be ejected for using the land for unauthorized
purposes i.e., other than a purpose connected with agriculture,
horticulture etc. He will also be liable to pay damages for such
unauthorized use.
b. If an asami does not use the land for authorized purpose, the land
may be declared by the Collector as abandoned land.
2. Right to let the land: Section 94 provides two conditions in which an
asami can let the land in his holding:
a. If he comes under the category of disabled persons of section 95;
and
b. To a recognized educational institution for a purpose connected
with instructions in agriculture, horticulture or animal husbandry.
3. Right to surrender: The right of surrender is available under the
Act to the bhumidhar with non-transferable rights and to an asami.
Section 119 provides that an asami may surrender the whole of his
 holding but not any part thereof by giving a notice in writing to the land
holder, intimating his intention to do so and by giving up possession
thereof.
4. 131 SUIT FOR EJECTMENT ETC. AGAINST ASAMI.- (1) No asami shall be
liable to ejectment from the land held by him, except on the suit of the
landholder or Gram Panchayat, which may be filed on one or more of the
following grounds, namely-
(a) that the interest of the asami in the land held by him has
extinguished under the provisions of this Code;
(b) that the asami was holding land from year to year or for a period
which has already expired or will expire before the end of the current
agricultural year; 67
(c) that the asami is using the land for any purpose not permitted by section
84;

(d) that the land holder was suffering from any of the disabilities
referred to in sub-section (1) of section 95 and either his disability has
ceased or he wishes to bring the land under his personal cultivation;
(e) that the asami was in arrears of rent for a period of more than one
year and has failed to pay the same to the land holder within a period of
thirty days despite service of a notice of demand;
(f) that the asami has transferred the whole or part of the land held by
him in contravention of the provisions of this Code.
5. Section 135 of up land revenue code 2006 contains provision of
adverse possession in bhumidhari land was deleted in 2015 amd and
noe there is no provision of adverse possession in up revenue code
2006.

6. Rights regarding rent is mentioned in UP REVENUE CODE 2006

 under Sections 138-143.

These rights are regarding variation rent, suit for fixation of rent,
commutation of rent, remission of rent etc. Important provisions are provided in
sec 138-143 which are as follows:
a. Rent payable by an asami shall not be varied except in case of
decrease or increase in the area of holding
b. An asami on being admitted to the occupation of land, shall be
liable to pay such rent as may be agreed upon between him and his
land holder or the Gram Panchayat.
c. Where the rent is payable in kind or estimate or appraisement of
the standing crop etc., the Asst. collector may at his own instance
and the instance of the Gram Panchayat or land holder or asami,
commute the rent.
d. The state government may remit the rent on the occurrence of an
agricultural calamity, payable by an asami to a Gram Panchayat.
The court may also allow such remission from the rent as may
appear just.
 GAON SABHA AND LAND MANAGEMENT
COMMITTEE

There are three institutions in the village which are constituted and established
under UP Panchayat Raj Act, 1947. In the year 1994 some amendments were
made in the UP Panchayat Raj Act which brought changes in the powers, rights
and duties of the members of these institutions. These three institutions are:
gram sabha, gram panchayat and Land Management Committee (LMC) or the
Bhumi Prabandhak Samiti.

GRAM SABHA

Section 3 of the Panchayat Raj Act provides for the establishment of the
Gram Sabha. It is a body consisting of persons registered in the electoral rolls
relating to a village comprised within the area of Gram Panchayat. It is to be
established by the state government for a village or a group of villages. The
state government after the amendment in 1994 estan;osjed the gaon sabha on the
minimum population of 1000 voters.

The gram sabha is a corporate body having perpetual succession and

common seal. Gram sabha has the power to acquire the property by purchase,
gift or otherwise. It can hold, administer and transfer the movable or immovable
property. It can enter into a contract, may sue or be sued.

Section 59 of the Code provides for the vesting of certain lands, etc. in
Gram Panchayat. The section empowers the state government to revest all or
any of the things mentioned therein in the Gram Panchayat by declaration
through notification in the official Gazette. The state government, thus, revested
in the gram sabha the following:
1. Lands (cultivable or not)

2. Forests, situated within the area of gram sabha

 3. Trees, other than trees in a holding, or on a boundary of a holding or in a
grove, or in the abadi
4. Forest and fisheries

5. Haats, bazaars and melaas.

6. Tanks, ponds, private ferries, water channels, pathways and abadi sites.
Sec 59(3)=?

Jurisdiction Of Gram Sabha: Gram sabha has jurisdiction over all public
properties situated within its territorial limits. The state government may entrust
in a gram sabha public properties which are situated outside the territorial limits
of the gram sabha. Such gram sabha or its LMC shall perform, discharge or
exercise the functions, duties and powers assigned or imposed or conferred by
or under this Act or the UP Panchayat Act. These powers etc. will be subjected
to modifications or conditions as may be prescribed.

Functions, Duties and Powers: They are twofold:

1. Relating to land and

2. General powers and duties

LMC is responsible for the functions, duties and powers in relation to

land etc., whereas the entrustment of general acts other than lands are with the
gram panchayat which acts on behalf of the gram sabha.

There are certain functions which are required to be performed only by

gram sabha e.g. to hold meetings twice in each year. Section 11(1) of the
Panchayat Raj Act provides that these meetings are to be held soon
after the harvesting of the kharif crop and the other soon after the
harvesting of rabi crop. The other important function is “to impose the taxes and
fees” as menationed under section 37 of the Panchayat Raj Act.

The gram pradhan is required to call extraordinary meetings in which

development programmes shall be considered along with other things.

GRAM PANCHAYAT

Gram panchayat is constituted under section 12 of UP Panchayat Raj Act

as an executive committee of the gram sabha. The members are elected from
amongst the members of gram sabha. Section 11 provides the scale in
accordance of which the number of members shall be decided, 30%
membership shall be reserved for women. The UP Panchayat Raj Act
(Amendment) 1994 provides that government have power to make reservation
of office of pradhan and up-pradhan as per reservation policy to the SC, ST and
OBC. One-third of the total member of offices of pradhan shall be reserved for
women.

Every person who is residing under the gram sabha and has completed 18
years of age will be entitled to contest the election of panchayat and may cast
his vote. But if any person who desires to contest the election for the post of
office bearer shall be deemed ineligible to contest the election of panchayat.

It is provided by the UP Panchayat Raj (Amendment) Rules 1996 that at

any moment if the members of the panchayat feel that gram pradhan or up-
pradhan is not discharging his duties properly, the members exercising their
powers under section 14 of the act, a written
proposal with reasons, in this regard signed by not less than half of the
members shall be presented before District panchayat raj officer, by at least
three signed members. The district panchayat raj officer after being satisfied
shall fix the date by not later than 30 th day for the discussion against the officer
bearer in the gram sabha. On the day either the district panchayat raj officer will
be present himself or any authorized official will be deputed by him to consider
the matter in question and after the discussion of 2 hours, by secret ballot papers
voting will be done and thereafter result will be declared.

Section 15 and 16 of UP Panchayat Raj Act mentions the functions and

duties of gram panchayat, which are summarized as below:
1. Establishing and maintaining primary schools for boys and girls

2. Arranging for the sanitation of the village

3. Maternity and child welfares

4. Arranging and regulating the sources of water supply for drinking

purposes
5. Establishment, management and care of common grazing grounds

6. Allotment of places for storing manure

7. Registering births, deaths and marriages and maintenance of other

records as prescribed
8. Assisting the development of agriculture, commerce and industry

LAND MANAGEMENT COMMITTEE

According to section 28 A of UP Panchayat Raj Act the gaon panchayat

of every gaon sabha shall also be LMC to assist it in the discharge of its duties
of up-keep, protection and supervision of all property vested in the gaon sabha
under section 59 of UP REVENUE CODE 2006, and all other property
vesting in it or coming into its
possession under any other provision of the UP REVENUE CODE 2006.
 The LMC consists of all the members of gaon panchayat, lekhpal of the
gaon sabha is the secretary of the LMC, while the secretary of the gaon
panchayat is gaon panchayat adhikari, who is an employee of panchayat raj
department. The pradhan and up-pradhan shall respectively be Chairman and
Vice-chairman of LMC. The situation is thus the same pradhan of gaon sabha is
ex-officio pradhan of its gaon panchayat and the chairman of its LMC.

Functions and Duties:

BHUMI PRABANDHAK SAMITIs

They are given under Sec 60 as follows:

1. The setting and management of the land

2. The conduct and prosecution of suits and proceedings by or against the

gaon sabha
3. The development and improvement of agriculture

4. The preservation, maintenance and development of forests and trees

5. The maintenance and development of abadi sites and village
communications
6. The management of haats, bazaars, melaas

7. The development of cottage industries

8. The maintenance and development of fisheries and tanks

9. The consolidation of holdings

10. Such other matters as may be prescribed

Powers of LMC:
1. Sec-63-With the previous approval of Sub-Divisional Officer, the
committee can admit any person in land vested in the Gram
 Panchayat or coming into its possession under any provision of the law.
2. Sec-67-Where any property of the Gram Panchayat is damaged or
misappropriated, the committee shall inform asst. collector, who will
initiate proceedings for ejectment and compensation therefor.
3. LMC, if empowered by the state government, may collect and realize the
land revenue. The committee shall be paid a commission of 6.25% on the
land revenue collected and realized by it.
4. Where a bhumidhar with non-transferable rights, being a minor,
idiot or lunatic has not used his holding for a purpose connected with
agriculture, horticulture or animal husbandry which includes
pisiculture and poultry farming for two consecutive fasli years, the
LMC may admit on behalf of the said bhumidhar any person as an
asami.
5. In some cases, LMC is entitled to take possession over land:

a. When a bhumidhar with transferable rights dies heirless and

without making a valid will.
b. When a bhumidhar with non-transferable rights dies heirless.
c. When a bhumidhar with non-transferable rights
surrenders his holding or his holding is abandoned.
d. When a bhumidhar is ejected from the holding in
accordance with the provision of the Act.
e. When an asami of the gaon sabha is ejected or dies heirless.
6. LMC may with the previous approval of the Asst. Collector in-
charge of the sub-division, allot land for purposes of building houses
to members of SC, ST, agricultural labourers or village
artisans.
 7. LMC has right to deal with waste land, forests and scattered trees.

Code provides for the liability of the members of the LMC. Every
member shall be liable for the loss, waste or misapplication of any property
vested in the gaon sabha., where such loss, waste or misapplication is a direct
consequence of neglect or misconduct of the member of the LMC. A suit for
compensation may be instituted against such erring member of the LMC or the
gaon sabha with the previous sanction of the collector.
Gaon fund: Section 68 of the Code and Sec 32 of the UP Panchayat Raj Act
provides for the establishment of a gaon fund for each gaon sabha. All sums
received by the gaon sabha, gaon panchayat or the LMC, except damages and
compensation money shall be credited to the gaon fund. This fund shall be
utilized for carrying out the duties or obligations imposed upon the gaon sabha
or the gaon panchayat or the LMC.

The fund will be raised from:

1. The proceeds of any tax imposed under UP Panchayat Raj Act

2. All sums handed over by the state government to the gaon sabha

3. Sums cdontributed to the gaon fund by the zila parishad or other local
authority
4. The sale proceeds of all dust, dirt, dung or refuse collected by the
servants of the gram panchayats.
5. Sums received as tehbazari from haats, bazaars and melaas

6. Sums received from the grant of theka to take fist from ponds, tanks and
fisheries
7. All sums received by way of loan or gift
 8. All other sums as may be assigned to the gaon fund by any special or
general order of the state government.
The administration of the gaon fund shall be in the hands of the LMC subject
to the general control of tahsildar.

Consolidated gaon fund:

Sec 69-to do
 EJECTMENT OF TENURE HOLDERS

Sec 130 of the Code provides that no bhumidhar shall be liable to ejectment
from the land held by him except according to the provisions of this Code.
Ejectment is of three types:

a. Ejectment of persons occupying land without title(Sec 134)

b. Ejectment of trespassers of Gram Panchayat land(Sec 136)

c. Ejectment of Government lessee(Sec149)

a. Sec 134- Ejectment of persons occupying land without title Clause-1.

Where a person takes or retains possession of any land forming part of the
holding of any bhumidhar or asami otherwise than in accordance with the
provisions of the law for the time being in force without the consent of such
bhumidhar or asami,such person shall be liable to ejectment on the suit of the
bhumidhar or asami concerned, and shall also be liable to pay damages at the
rate prescribed.
Clause 2. To every suit relating to any land referred to in sub-section (1), the
State Government and Gram Panchayat shall be impleaded as necessary parties.
b. Sec 136- Ejectment of trespassers of Gram Panchayat land Clause 1-
Notwithstanding anything contained in other provisions of this Code,the Sub-
Divisional Officer may, of his own motion or on the application of the Gram
Panchayat or other local authority ,eject any person taking or retaining
possession of any land specified in sub-section (2), if such possession is in
contravention of the provisions of this Code and is without the consent of such
Gram Panchayat or the local authority and shall also be liable to pay damages at
the rates prescribed.
c.Sec 149-Ejectment of Government lessee-The grounds are as follows:
a. that he has failed to pay the rent or any other sun due under the lease within
six months from the date on which it became due;
b. that he has used such land for any other purpose other than that for which it
was granted;
c. that the term of his lease has expired or the lease has been cancelled;

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

Special procedure for gaon sabha land: A suit for ejectment and damages of a
person without title may be filed by the gaon sabha through the LMC in the
Revenue Court of Sub-Divisional Officer. Therefore, the power to file the suit
against trespassers lies with LMC. The gaon sabha manual (para 128) provides
that the conduct of litigation shall not depend upon the individual discretion of
the Chariman of the bhumi prabhandhak samiti, but shall be a matter of
resolution of the bhumi prabhandhak samiti, but shall be a matter of resolution
of the bhumi prabhandhak samiti as a whole. Para 128 is reasonable, complete
and equitable and lays down how the LMC can sue or defend, therefore it must
be held to be mandatory.

There is also an alternative provision, contained under section 136 of the

Code, which provides for the ejectment of a trespasser. Accordingly, “where
any property vested under the provisions of this Act in a gaon sabha or local
authority is damaged or misappropriated or where any gaon sabha or local
authority is entitled to take or retain possession of any land under the provisions
of this Act, the LMC or local authority as the case may be, shall inform Sub-
Divisional Officer concerned in the manner prescribed”.

The collector shall take action accordingly. He shall issue notice to the
person concerned to show cause. If the person alleged to have caused
such damage fails to show cause within the time specified, or the cause shown is
found to be insufficient the asst. collector may direct that such person may be
evicted from the land.

1. Suit for ejectment against Asami: Sec 131-Suit against asami can be
filed on following grounds:
a. That the interest of the asami in the land held by him has
extinguished under the provisions of this Code;
b. That the asami was holding land from year to year or for a period
which has already expired or will expire before the end of the
current agricultural year;
c. That the asami is using the land for any purpose not permitted by
section 84;
d. That the land holder was suffering from any of the disabilities
referred ot in sub-section (1) of section 95 and either his disability
has ceased or he wishes to bring the land under his personal
cultivation;
e. That the asami was in arrears of rent for a period of more than one
year and has failed to pay the same to the land holder within a
period of thirty days despite service of notice of demand;
f. That the asami has transferred the whole or part of the land held by
him in contravention of the provisions of this Code.
2. No notice to quit to the asami shall be necessary before filing a suit under
this section.
3. The land-holder may in a suit for ejectment also claim arrears of rent.
 4. A land-holder may,without suing for ejectment sue the asami for arrears
of rent.

Remedies to an asami for wrongful ejectment: Section 137 provides that

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

ii. for compensation for wrongful dispossession.

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

RECOVERY OF LAND REVENUE

Revenue is a tax imposed by the state and is fixed in accordance with

some principles incorporated in a statute. Land revenue is a tax on land or its
produce paid to the government. The exclusive jurisdiction has been conferred
on the revenue courts relating to land revenue. All land held by a person who is
or is deemed to be a bhumidhar as such and wherever situate, is liable to the
payment of land revenue to the state government except such land as may be
exempted whether wholly or partially from such liability by grant of, or contract
with the state governments.

Section 164 provides for the persons who are liable to pay land revenue.
It runs thus “all bhumidhars in any holding shall be jointly and severally
responsible to the state government for the payment of land
revenue for the time being assessed thereon”. That is to say that the liability for
the payment of land revenue is not only upon all bhumidhars but also upon all
persons succeeding by inheritance, purchase, gift, exchange or otherwise to the
interest of such bhumidhars and they shall be responsible of all arrears of land
revenue due in respect of such land.

Procedure for recovery of an arrear of land revenue under section 170 :

The land revenue is collected and realized for the fasli year commencing
from the 1st July and ending on 30th June. It is payable in two instalments viz.,
kharif and rabi. If the land revenue or any instalment thereof is not paid or
before the due date, it becomes arrears of land revenue and the persons liable for
it become defaulter.

Section 170 (1) of the Code provides for the procedure as to the recovery
of land revenue from such a defaulter. Accordingly, an arrear of land revenue
may be recovered by any one or more of the following processes:
1. By arrest and detention of the defaulter (171)

2. By attachment and sale of his movable property including

agricultural produce (172)
3. By attachment of any bank account or locker of the defaulter (173)

4. By attachment of the holding in respect of which the arrear is due.(174)

5. By lease or sale of the holding in respect of which the arrear is due.

(175&176)

6. By attachment and sale of other immovable property of the defaulter.(177)

7. By appointing a receiver of any property, movable or immovable of the

defaulter.(178)
SUCCESSION

Though the religion has been abolished from the sphere of land law yet the sex
has been retained. If the deceased was a male, the devolution shall be in
accordance with the principle contained under section 108.
Following persons are entitled to inherit property in case of death of Male
relative dies intestate (without making will)-------
---------------------U.P. Revenue Code 2006.
(a) Widow, unmarried, daughter, male lineal descendent per strip.
Provided that the widow and the son of a predeceased son how low-so
ever per stirpes shall inherit the share which would have devolved
upon the predeceased son had he been alive.

(b) Mother & father.

(c) Unmarried daughter.
(d) married daughter
(e)Brother and unmarried sister
(f) Son’s daughter
(g) Father’s mother & father’s father.
(h)Daughter’s son.
(i) Married sister.

Expl:- Widow includes, widow of pre deceased son, there we know that son
of pre deceased son is clause(a) heir. But daughter of pre deceased son of
clause (f) heir. And similarly daughter’s son is clause (h) heir.
and if the deceased was a female, the succession will be as laid down under
sections 109 and 110. Section 109 mentions the estate of a woman as a limited
one. But, it is notable that this limited estate is not the same as it was enshrined
the old Hindu law. The concept of “limited interest” is unknown to the
zamindari law of
succession and transfer. It is available to all bhumidhars with transferable rights
whether be a female or male hindu or non-hindu. It is clear from the provision
section 92. The Supreme Court has also laid down that there is nothing in section
92 from which it may be inferred that the interest of a female bhumidhar is
anything less than the interest held by a male bhumidhar. Under the Act, she is
the owner of the property. The entire estate is vested in her. What is contemplated
by section 109 is not the limited estate of old hindu law. Her estate is limited in
the sense that “on her death, remarriage, abandonment or surrender, the holding
shall devolve not upon her heirs, but upon the last male tenure holder to whom
the female had herself succeeded”. Yet it can be said that to some extent, sex has
been retained in the sphere of land law in matters of succession. Succession to a
female holding an interest:
When a tenure holder is a female and has not inherited the land from a
male, on her death the landed property (holding) shall devolve in accordance
with the provision contained under section 110. That is to say if a female
purchases some holding herself or acquires land by gift or even adverse
possession, her heir shall succeed her on her death.

The heir mentioned in order of preference are the following:

a. Son

Son of a predeceased son

Son of a predeceased son of a predeceased son Son’s

widow who has not remarried
Son’s son’s widow has not remarried and who has no husband’s parents.

The succession shall be:

i. per strips
ii. in equal shares

b. Husband

c. Deleted

d. Married Daughter

e. Daughter’s son

f. Father

g. Widowed mother

h. Brother,being the son of the same father as the deceased and brother’s
son per stripes
i. Unamarried sister

j. Married sister

k. Sister’s son

When a widow inherits the holding from her husband and remarries, she losses
her right to the inherited holding. And if a suit to eject her is not filed within the
limitation period, she becomes fresh stock of descent and on her death the
holding devolves upon her son born after remarriage. Land gifted by father-in-
law to the daughter-in-law will be governed by the provisions of section 110 of
the Act.

The heirs under section 110 will be full owners, whether they are males
and females.

Section 112: Passing of interest by survivorship:

 “In case of a co-widow of a co tenure holder, who dies leaving no heir
entitled to succeed under the provisions of this Act, the interest in such holding
shall pass by survivorship”. Therefore, the rule of survivorship has been
recognized in the Act only in two cases, viz., in the
case of a co widow or a co tenure holder, who dies leaving no heir entitled to
succeed under the provisions of the Act.

Murderer is disqualified from succession:

Sec 114(c) provides that a murderer and abettor of such murder are
disqualified from succession.

MISCELLANEOUS

1. Cooperative farming society:

The law relating to cooperative farming is contained under the UP

Cooperative Societies Act. Chapter XI of this Act, 1965 is concerned with the
cooperative farming. The cooperative farming society is the society formed and
registered under the above Act.
Any ten, or more persons:

a. Holding bhumidhari with transferable or non-transferable rights in

lands in gaon sabha, and desiring to pool it; or
b. Intending together to obtain, in the name of the society, land in gaon
sabha, by purchase, lease or otherwise to form a society.
Object of society:

The object of the society is to encourage thrift, self-help and cooperative

spirit and to promote economic, social and cultural interest of its members. The
particular object is to arrange for the pooling, joint cultivation and joint
management of the land, and practice farming on modern and scientific line for
increased and economic production.
Purpose:

The purpose of the cooperative farming society may be agriculture,

horticulture, sericulture, pisciculture, poultry farming, piggery or animal
husbandry. Along with any one or more purposes, the development of cottage
industry, subsidiary to any such purpose, may be included in the purpose of the
society.

Section 87 of Act provides that the cooperative societies shall be entitled to

the following concessions, facilities and priorities:
1. Reduction in land revenue

2. Reduction in irrigation charges

3. Reduction in taxes by local bodies

4. Reduction in sales tax on the purchase of diesel oil, petrol and mobil oil
for agriculture purposes
5. Priority in the grant of taqavi

6. Priority in the construction of irrigation and other projects by the state

government.
7. Priority in the supply of water for irrigation, seeds, manures, fertilizers
and other articles necessary for farm production.
8. Priority in the marketing of farm produce

2. Declaratory Suit:

A declaratory suit is that suit in which the plaintiff request the court
to declare his legal status. Under UP REVENUE CODE 2006, the
provisions for declaratory suit are as follows:
a. Declaratory suit by gaon sabha: Section 80 of UP REVENUE CODE
2006 provides that the gaon sabha may institute a suit against any
person claiming to be entitled to any right in any land for the
declaration of the right of such person in such land, and the Court in
its discretion may make a declaration of the right of such person and
gaon sabha need not in such suit ask
for any further relief. This provision of UP REVENUE CODE
 2006 is not subject to Section 34 of the Specific Relief Act, 1963. The
Court shall not make any such declaration where the Gaon sabha
being able to seek further relief than a mere declaration of title, omits
to do so. The forum to file such suit is SUB DIVISIONAL OFFICER.
b. Declaratory suit by an asami: according to section 80 an asami may
institute a suit for declaration of his status against his land holder.
“Any person claiming to be an asami of a holding or any part thereof
whether exclusively or jointly with any other person, may sue the
landholder for the declaration of his rights as asami, in such holding
or part, as the case may be”. The forum is the Revenue Court of the
SUB DIVISIONAL OFFICER.
c. Declaratory suit by a bhumidhar: Section 80 applies also to a suit by
a person claiming to be a bhumidhar. Therefore, any person claiming
to be a bhumidhar of a holding or any part thereof, whether
exclusively or jointly with any other person, may institute a suit for
declaration of his rights as a bhumidhars. The state government or
the concerned gaon sabha shall also be impleaded as defendants. A
bhumidhar may file a suit not only for the declaration of his own
rights in the holding but also for the declaration of the right of any
person claiming to be an asami in the holding of the bhumidhar.
When a bhumidhar has been dispossessed, he must file a suit under
section 134 for the ejectment of the trespasser and also for the
possession of the land. Where a bhumidhar is joint with other
bhumidhar he may institute a declaratory suit of his own share in the
holding or holdings. It is not necessary that he should ask for
partition.
 RECORD OF RIGHTS AND MUTATION PROCEEDING

Record of rights are the original records framed by the Record Officer
during the record operations which are conducted in accordance with the Land
Revenue Code 2006. It is the study of the Collect to maintain the record of
rights and for that purpose he shall annually or at such longer intervals as the
state government may prescribe cause to prepared an amended register. The
register so prepared shall be called “annual register”.

Annual Register:

Annual register, which is also known as khatauni, is the amended edition

of the record of rights. It has to be prepared by the collector annually or at a
prescribed time. The collector shall cause to be recorded in annual register:
a. All successions and transfers in accordance with the provisions of section
35 or
b. Other changes that may take place in respect of any land and shall also
correct all errors and omissions in accordance with the provisions of
section 38.

Provided that the power to record a change under clause b shall not be construed
to include the power to decide a dispute involving any question of title.

When the annual register is prepared the collector shall cause to be

prepared its extract and supply it to the person concerned, which will be
called as Kisan Bahi. It shall be a consolidated pass book for all the holdings of
a tenure holder in respect of land held by him as bhumidhar whether with or
without transferable right, asami or government lessee.

Khatauni is prepared six yearly. The khatauni consists of 13 columns.

The name of tenure holder, fathers name and residence duration of occupancy,
amount of revenue or rent etc. are specially mentioned in the khatauni and
which is not found in any other records or paper.

Changes in Khatauni:

Section 33(3) of the UP Land Revenue Act expressly provides that no

such change or transaction shall be recorded without the order of collector or an
hereinafter provided of the tahsildar or kanungo. But under para A 153 of the
Land Records Manual, the Lekhpal is authorized to make on his own initiative
in the following two cases:
1. Division and union of fields

2. Entry of minor’s age and the name of his guardian.

Mutation proceedings:

It is popularly known as dakhil kharij. The dakhil kharij proceeding starts

wherever there is a change in the possession of the land whether by succession
or transfer or otherwise, the change is recorded in the khatauni by way of
“mutation proceedings”.

Therefore, the mutation proceeding starts with the change in the

 possession of the land. This change may occur:
1. By succession or

2. Bytransfer
 Section 33 of the UP REVENUE CODE 2006 provides that where a person
obtains possession of any land by succession, the Revenue inspector shall make
such enquiry as may be prescribed and if the case is not disputed record the same
in the annual register.

Whenever, the Revenue Inspector comes to know the death of a tenure

holder, he must enquire into the matter and if he comes to the conclusion that
the succession is disputed he must strike off the name of the deceased and enter
the name of the heir or heirs of the deceased in his place.

Section 34 (1) speaks about mutation on ground of transfer. Accordingly,

every person obtaining possession of any land by transfer must report such
transfer to the tahsildar or the tehsil in which the land is situate.

The word transfer includes:

1. A family settlement by which the holding or part of the holding recorded

in the record of right in the name of one or more members of that family
is declared to belong to another or other members; or
2. An exchange of holding or part thereof under section 101.

Every report to tahsildar under section 34 shall be in writing. This report

shall specify the following:
1. The name of the village where the land has been acquired

2. The name, parentage and residence of the person who has acquired the
land and the person from whom the land has been acquired.
 3. Description of the right and the manner in which it has been acquired.
4. The rent on which the right has been acquired and

5. The revenue or the rent of the land acquired.

Section 35(1) says that the Tahsildar on receipt of report u/s 33 & 34 shall issue a
proclamation and make such inquiry as he deems necessary and-

a. If the case is not disputed, he shall direct the record of righs(khatauni) to be

amended accordingly,

b. If the case is disputed, he shall decide the dispute and direct the record of right
to be amended accordingly.

Section 35(2) says that any person aggrieved by an order of tahsildar under sub
section 1 may prefel an appeal to the sub divisional officer in 30 days from the date of
order.
Question : What is Boundary Mark ? Penalty for Destruction of Boundary-Marks.
Disputes regarding boundary marks.
Answer : Section 20 of UP REVENUE CODE 2006 provides that each village shall
be marked by boundary pillar and each survey number in a village is also marked by
boundary pillar
Section 21 provides that it is the duty of tenure holder and Gram Sabha (in public
utility land) to maintain and repair the boundary mark.

DISPUTES REGARDING BOUNDARY MARKS:

Section 24 provides that if any boundary mark within Lekhpal Circle is

destroyed, removed or damaged then the concerned Lekhpal shall report the
matter to NT and NT after making inquiry in that respect shall submit his
recommendation to SDO and SDO shall finally solve the dispute.

PENALTY FOR DESTRUCTION OF BOUNDARY MARKS:

Section 227 of the code provides that if any person wilfully destroys any
boundary mark he may be ordered by Tehsildar to pay such amount not
exceeding 1000/- one thousand rupees for each mark so destroyed.

Question: what do you mean by KHASRA (field book) and Who prepared it?

Answer : Section 30 of UP REVENUE CODE 2006 provides that

Collector shall prepare, in the manner prescribed a map and a field

book (KHASRA) for each village annually or at such intervals as may be

prescribed. KHASRA contains the 23 columns. It contains the detail related
to nature of land, name of tenure holder, fasli year, number of trees on the
land, irrigational source if any, crops which are grown and other details
Question: What do you mean by record of rights (KHATAUNI) and by whom it
is prepared?

Answer: section 31 of code provides that Collector shall maintain the record
of rights (KHATAUNI) in the manner prescribed, for each village. It shall
contain following particulars-
(a) Name of all tenure-holders.

(b) Survey numbers or plot number.

(c) Area of survey numbers or plot numbers.

(d) The nature or extent of the respective interests including shares of

such persons and conditions or liabilities attaching thereto.
(e) The rent or revenue payable.

(f) Particulars of all land vested or belonging to State Govt., Central

Govt., Gram Panchayat or Local Authority.
(g) Such other particulars as may be prescribed.
Difference between KHASRA and KHATAUNI

Both of the above are the Land Records which are prepared and maintained by
the Revenue Authorities under the provisions and on such time intervals as
prescribed by the code. The differences between both
records are as following:-
 KHASRA KHATAUN
I
Prepared and Maintained annually. Prepared and Maintained six

yearly.
It has 21 columns. It has 13 columns.
The Changes regarding boundaries of The Changes regarding possession of
field are recorded in it. land are recorded in it.

It is basically related to the crops It is related to the “possession” of the

detail, cultivation or any other “use” land and any kind of change
(poultry etc.) on the land during the (mutation) occurred during the period
particular year for which it has been for which it has been prepared.
prepared.

Mortgages, attachments related to the Entries for mortgages, attachments

land are not entered in this record. during the six fasli years are recorded
in it.

 For better understanding it can be stated that if someone wants to know

the information regarding the actual use of land during for the particular
year he has to obtain a certified copy of the KHASRA of that particular
land which discloses the details of the crops, quantity and used area of the
field .
 But if he wants to know the recorded possession of that particular land he
would have to obtain a certified copy of KHATAUNI. Khatauni discloses
the tenure holder/tenure holders, the year from which their rights have
started, succession, transfer, mortgage, attachment, partition, declaration, exchange
or any Land Record correction order etc.