Very good matrial helpful for students of UP, Study notes of Land Law

Download Very good matrial helpful for students of UP and more Study notes Land Law in PDF only on Docsity! 1 UTTAR PRADESH REVENUE CODE, 2006 (U.P. Act No.8 of 2012) (As amended by U.P. Ordinance No.4 of 2015 and corrected by notification No.1662 dated 18 December, 2015) 1 CHAPTER I PRELIMINARY Short title, extent and commencement. - (1) This Act may be called the Uttar Pradesh Revenue Code, 2006. (2) It extends to the whole of Uttar Pradesh. (3) It shall come into force on such date as the State Government may, by notification, appoint, and different dates may be appointed for different areas or for different provisions of this Code. 2 Applicability of the Code. - The provisions of this Code, except Chapters VIII and IX shall apply to the whole of Uttar Pradesh, and Chapters VIII and IX shall apply to the areas to which any of the enactments specified at serial numbers 19 and 25 of the First Schedule was applicable on the date immediately preceding their repeal by this Code. 3 Extension of the Code to new areas.-(1) Where after the commencement of this Code, any area is added to the territory of Uttar Pradesh, the State Government may, by notification, extend the whole or any provision of this Code, to such area. (2) Where any notification is issued under sub-section (1), the provisions of any Act, rule or regulation in force in the area referred to in the said sub-section, which are inconsistent with the provisions so applied, shall be deemed to have been repealed. (3) The State Government may, by a subsequent notification, amend, modify or alter any notification issued under sub-section (1). 2 4 Definition.-In this Code,- (1) ‘abadi’ or ‘village abadi’ means such area in a village which, on the date of commencement of this Code, is being used for the purposes of residence of its inhabitants or for purposes ancillary thereto such as sahan and green trees, wells etc. or which may have been or be hereafter reserved for such use; (2) ‘agriculture’ includes horticulture, animal husbandry, pisciculture, flower farming, bee keeping and poultry farming; (3) ‘agricultural labourer’ means a person whose main source of livelihood is manual labour on agricultural land; (4) ‘bank’ shall have the meaning assigned to it in the Uttar Pradesh Regulation of Money Lending Act, 1976; (5) ‘Bhumi Prabandhak Samiti’ means a Bhumi Prabandhak Samiti constituted under section 28-A of the U.P. Panchayat Raj Act, 1947; (6) ‘Board’ means the Board of Revenue constituted or deemed to be constituted under section 7; (7) ‘charitable institution’ means any establishment, undertaking, organisation or association formed for a charitable purpose, and includes a specific endowment; (8) ‘Collector’ means an officer appointed as such by the State Government under sub-section (1) of section 12, and shall include- (a) an Additional Collector appointed by the State Government under sub- section (2) of the said section; and (b) an Assistant Collector of the first class empowered by the State Government by notification to discharge all or any of the functions of a Collector under this Code; (9) ‘Consolidated Gaon Fund’ means the Consolidated Gaon Fund constituted under section 69; (10) ‘family’, in relation to a tenure-holder, means himself or herself and his wife or her husband, as the case may be, (other than a judicially separated wife or 5 any other person who normally earns his livelihood by practising a craft either by his own labour or by labour of any member of his family in any village; (22) words and expressions ‘Gaon Fund’, ‘Gram Sabha’ and ‘Gram Panchayat’ shall have the meanings assigned to them in the U.P. Panchayat Raj Act, 1947; (23) ‘agricultural year’ means an year which begins from the first day of July and ends on thirtieth day of June of a calendar year. It is also characterised as ‘fasli year’; (24) ‘intermediary’ with reference to any estate means a proprietor, under- proprietor, sub-proprietor, thekedar, permanent lessee in Avadh and permanent tenure-holder of such estate or part thereof; (25) ‘lease’ in relation to mines and minerals shall include a sub-lease, a prospecting lease and an agreement to lease or sublet, and ‘lessee’ shall be construed accordingly; (26) ‘decree’ shall have the meaning assigned to it in the Code of Civil Procedure, 1908 (Act no.V of 1908); (27) ‘State Government’ means the Government of Uttar Pradesh; (28) ‘Central Government’ shall have the meaning assigned to it in section 3 of the General Clauses Act, 1897 (Act no.X of 1897); (29) ‘Minjumla number’ means a shajra number denoting a component part of a field which has theoretically been partitioned but physically has not been partitioned. 5 CHAPTER II REVENUE DIVISIONS Division of State into revenue areas.- For the purposes of this Code, the State shall be divided into revenue areas comprising of divisions which may consist of two or more districts, and each district may consist of two or more Tahsils and each Tahsil may consist of one or more parganas, and each 6 pargana may consist of two or more villages. 6 Constitution of revenue areas.- (1) The State Government may, by notification, specify- (i) the districts which constitute a division; (ii) the tahsils which constitute a district; (iii) the villages which constitute a tahsil. (2) The State Government may, by notification, alter the limits of any revenue area referred to in sub-section (1) by amalgamation, re-adjustment, division or in any other manner whatsoever, or abolish any such revenue area and may name and alter the name of any such revenue area, and in any case where any area is renamed, then all references in any law or instrument or other document to the area under its original name shall be deemed to be references to the areas as renamed unless expressly provided otherwise: Provided that before passing any order under this sub-section on any proposal to alter the limits of any revenue area, the State Government shall publish, in the prescribed manner, such proposals for inviting objections, and shall take into consideration any objection to such proposals. (3) The Collector may, by an order, published in the prescribed manner, arrange the villages in a tahsil into Lekhpal circles and the Lekhpal circles into Revenue Inspector circles and specify also the headquarters of each Revenue Inspector within his Circle. (4) The divisions, districts, tahsils, parganas, Revenue Inspector circles, Lekhpal circles and villages, as existing at the commencement of this Code shall, until altered under the preceding sub-sections, be deemed to be the revenue areas specified under this section. 7 Chapter III BOARD AND THE REVENUE OFFICERS Board of Revenue.- (1) There shall be a Board of Revenue for Uttar Pradesh 7 consisting of a Chairman and such other members as the State Government may, from time to time, appoint: Provided that the Board as constituted and functioning immediately before the commencement of this Code shall be deemed to be the Board constituted under this section. (2) (deleted). (3) No person shall be qualified for appointment as: – (a) an Administrative Member of the Board, unless he has held an office not lower in rank than that of a Commissioner; (b) a Judicial Member of the Board, unless he has held an office not below the rank of a Collector. (4) The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any member, as Judicial Member of the Board, and any such member shall be allotted only judicial business. 8 Jurisdiction of the Board.- (1) The Board shall be the Chief Controlling Authority- (a) in all matters relating to disposal of cases, appeals or revisions; and (b) subject to the superintendence, direction and control of the State Government, in all other matters provided in this Code. (2) Subject to the provisions of the sub-section (1), the Board shall exercise, perform and discharge powers, functions and duties conferred upon it by or under this Code or any other law for the time being in force. (3) The State Government may authorise any member of the Board to exercise, perform and discharge either generally or in respect of any particular locality or matter, all or any of the powers, functions and duties conferred or imposed on the Board. 9 Power to distribute business. - (1) Subject to such rules or orders as the State Government may make or issue, the Board may distribute its business amongst its 10 exercise such powers and discharge such duties of Collector in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector of the District, may direct. 13 Sub-Divisional Officers and Additional Sub-Divisional Officers.-(1) The State Government may appoint in each district as many persons as it thinks fit to be Assistant Collectors of the first or second class. (2) The State Government may place an Assistant Collector first class in- charge of one or more sub-divisions of a district, and such an officer shall be called the Assistant Collector first class in-charge of a sub-division or a Sub- Divisional Officer. (3) The officers referred to in sub-section (1) or sub-section (2) shall exercise all the powers and discharge all the duties conferred and imposed upon them by or under this Code or any other law for the time being in force, subject to the control of the Collector. (4) The State Government may designate an Assistant Collector first class appointed to a district to be an Additional Sub-Divisional Officer for one or more tahsils of the district. (5) Subject to the provisions of this Code, the Additional Sub-Divisional Officer shall exercise such powers and discharge such duties of a Sub-Divisional Officer in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector may direct. (6) The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any Assistant Collector first class, as Sub-Divisional Officer (Judicial) for one or more tahsils, and any such Sub- Divisional Officer (Judicial) shall be allotted only judicial business. Such a Sub-Divisional Officer (Judicial) shall exercise such powers and discharge such duties of a Sub-Divisional Officer in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector, may direct. 11 14 Tahsildars and Tasildars Judicial. - (1) The State Government may appoint in each district as many persons as it thinks fit to be Tahsildars and Tahsildar Judicial. (2) Subject to the provisions of this Code, the Tahsildar and Tahsildar Judicial shall exercise such powers and discharge such duties as the State Government or the Board, and in the absence of any directions from the State Government or the Board, the Collector may direct. 15 Naib-Tahsildars.- The State Government may appoint in each district as many persons as it thinks fit to be Naib-Tahsildars who shall exercise the power and perform the duties conferred or imposed on them by or under this Code or under any other law for the time being in force. 16 Revenue Inspectors and Lekhpals.- (1) The Collector may appoint in each tahsil one or more Revenue Inspectors for the proper supervision, maintenance and correction of the village records, and for such other duties as the State Government may, from time to time, by general or special order specify. (2) The Collector may appoint in each tahsil, as many Lekhpals for the preparation, maintenance and correction of the village records, and for such other duties as the State Government may from time to time by general or special order, specify. 17 Combination of Offices. - It shall be lawful for the State Government or the authority competent to appoint, as the case may be, to appoint one and the same person, being otherwise competent according to law for any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as it may deem expedient. 18 Recovery of money, papers and other Government property.- (1) The Collector may in cases in which there is claim outstanding on any revenue officer or on any person formerly employed as such in his district for public money or papers or other property of the State Government in his charge, by order, for reasons to be recorded, require the money, or the particular papers or property detained to be delivered either immediately to the bearer of the said order or to such 12 person on such date and at such place as the order may specify. (2) If the officer or other person aforesaid does not comply as directed, the Collector shall impose a penalty of two hundred and fifty rupees each day till the direction is complied with, so however, total amount of such penalty shall not exceed twenty five thousand rupees: Provided that the officer or other person, as the case may be, shall be given a reasonable opportunity of hearing before any penalty is imposed on him. (3) Imposition of penalty under sub-section (2) shall not bar the prosecution for any offence or recovery of money, papers and other government property under any law for the time being in force. 19 Other power of Revenue Officers. - (1) When any power is exercisable or any duty is dischargeable by any officer or authority under this Code, such power or duty may be exercised or discharged by any superior officer or authority as well. (2) The revenue officers appointed under this Code shall, subject to the control of the State Government, exercise such other powers and discharge such other duties, as the State Government may, by any general or special order, direct. 20 Chapter IV BOUNDARIES AND BOUNDARY MARKS Fixation and demarcation of boundaries. - (1) Boundaries of all villages in the State and of all survey numbers in a village shall be fixed and demarcated by boundary marks. (2) The boundary marks shall, subject to the provisions hereinafter contained in this Chapter, be of such specifications and shall be constructed and maintained in such manner as may be prescribed. 21 Obligation regarding maintenance and repair of boundary marks.- (1) Every tenure-holder shall be responsible to maintain and repair at his cost the boundary marks lawfully erected in his holding or on the boundary thereof. (2) The Gram Panchayat shall be responsible to maintain and repair at its cost the 15 orders as he thinks fit: Provided that no application under this section shall be entertained after the expiry of a period of thirty days from the date of the order shought to be revised. 28 Order not to debar from establishing any right of easement.- No order made under this Chapter shall debar any person from establishing such right of easement or customary right as he may claim by a civil suit. 29 CHAPTER V MAINTENANCE OF VILLAGE RECORDS List of villages.- (1) The Collector shall prepare and maintain a register, in the form prescribed, containing list of all villages in his district and shall show therein- (a) the areas which are liable to fluvial action; (b) the areas which have precarious cultivation; and (c) such other particulars as may be prescribed. (2) The register shall be revised every five years or at such longer intervals as may be prescribed. 30 Maintenance of Map and Field Book.-(1) The Collector shall maintain, in the manner prescribed, a map and a field book (khasra) for each such village and shall cause to be recorded therein, annually, or at such longer intervals as may be prescribed, all changes in the boundaries of the village or survey numbers, and shall also cause to be corrected, any errors or omissions which are, from time to time, detected in such map or field book (khasra). (2) The minjumla number shall be divided physically in the manner prescribed and revenue records including map and khasra shall be corrected accordingly. 31 Record of Rights.-(1) The Collector shall maintain, in the form and manner prescribed, a record of rights (khatauni) for each village, which shall contain the following particulars, namely- 16 (a) the names of all tenure holders together with survey numbers or plot numbers held by them and their areas; (b) the nature or extent of the respective interests including shares of such persons and the conditions or liabilities, if any, attaching thereto; (c) the rent or revenue, if any, payable by or to any such person; (d) particulars of all land (other than holdings) belonging to or vested in the State Government, Central Government, Gram Panchayat or a local authority; (e) such other particulars as may be prescribed. (2) Shares of the co-tenure holders shall be determined in the manner prescribed. 32 Correction of records.- (1) Subject to the control of the Collector, the Sub- Divisional Officer, the Tahsildar, or the Revenue Inspector shall record, in the manner hereinafter provided in this Chapter, all changes in the record of rights (Khatauni), the field book (Khasra) and the map that may take place, and all transactions that may affect any of the rights or interests recorded, and correct therein any errors proved to have been made in the records previously prepared : Provided that order for correction in map shall be passed by the Collector. (2) No application for correction of error under sub-section (1) where the claim is based solely on possession as well as involving intricate question of title shall be maintainable. 33 Mutation in cases of succession.- (1) Every person obtaining possession of any land by succession shall submit report of such succession to the Revenue Inspector of the circle in which the land is situate in such form as may be prescribed. (2) On receipt of a report under sub-section (1) or on facts otherwise coming to his knowledge, the Revenue Inspector shall- (a) if the case is not disputed, record such succession in the record of rights 17 (Khatauni); (b) in any other case, make such inquiry as may appear to him to be necessary and submit his report to the Tahsildar; (3) Any person whose name has not been recorded by Revenue Inspector or who is aggrieved by the order passed by the Revenue Inspector under clause (a) or (b) of sub-section (2) may move an application before Tahsildar. (4) The provisions of this section shall mutatis mutandis apply to every person admitted as a Bhumidhar with non-transferable rights or as an asami by the Bhumi Prabandhak Samiti in accordance with the provisions of this Code or any enactment repealed by it. 34 Duty to report in cases of transfer.-(1) Every person obtaining possession of any land by transfer, other than a transfer referred to in sub-section (3) of section 33 shall report such transfer, in the manner prescribed, to the Tahsildar of the Tahsil in which the land is situate. Explanation. - For the purposes of this section, the word ‘transfer’ includes a family settlement. (2) State Government may fix a scale of fees for getting entry recorded in the record of rights on the basis of transfer. A fee in respect of any such entry shall be payable by the person in whose favour the entry is to be made. 35 Mutation in cases of succession or transfer.-(1) On the receipt of a report under section 33 or section 34, or upon facts otherwise coming to his knowledge, the Tahsildar shall issue a proclamation and make such inquiry as appears to be necessary and- (a) if the case is not disputed, he shall direct the record of rights (Khatauni) to be amended accordingly; (b) (deleted); (c) if the case is disputed, he shall decide the dispute and direct, if necessary, the record of rights (khatauni) to be amended accordingly. 20 (4) The tenure holder shall be liable to pay such cost for the Kisan Bahi and in such manner as may be prescribed. (5) Every person holding Kisan Bahi shall, from time to time, be entitled, without any extra payment, to get the amendments made in the record of rights (Khatauni) incorporated in his Kisan Bahi. (6) Whenever a bank or other public financial institution advances loan to a tenure holder on the basis of a representation of the tenure holder that he is a holder of the holdings recorded in the Kisan Bahi, it shall endorse the details of the loan so advanced in the Kisan Bahi. (7) The tenure holder shall also submit to such bank or other financial institution an affidavit declaring that he has not taken any other loan (which remains wholly or partly unpaid) on the security of the holdings comprised in the Kisan Bahi nor has he transferred the holding or any share therein to any person in any other manner whatsoever. (8) Any tenure holder who in such an affidavit makes any statement which is false and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extent to three years and shall also be liable to fine. (9) Such bank or other financial institution shall also endorse the final repayment of the loan on the Kisan Bahi. 42 Duty to produce information or documents.-Every person whose rights, interests or obligations are required to be or have been entered in any record or register maintained under this Chapter shall be bound, on the requisition of any revenue officer engaged in compiling or revising such record or register, to furnish or produce for his inspection, within such time as may be specified, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power. CHAPTER VI REVISION OF VILLAGE RECORDS 21 43 Notification of record and survey operations.-(1) Whenever the State Government is of opinion that in any district or other local area, a revision of records or a re-survey, or both is necessary, it shall publish a notification to that effect, and thereupon such district or area shall be deemed to be under record operation or survey operation or both, as the case may be. (2) The State Government may, by notification in the gazette, order that a survey operation or a record operation of abadi or village abadi or both shall be made in the manner prescribed. (3) The State Government may, by a subsequent notification, amend or cancel the notification issued under sub-section (1) or sub-section (2), or declare the operation to be closed. 44 Record Officer and Assistant Record Officer.-(1) The State Government may appoint a Record Officer who shall be in-charge of the record operation or the survey operation or both and may also appoint as many Assistant Record Officers as it may deem fit. (2) The Assistant Record Officer shall, for so long as the notification under sub- section (1) or sub-section (2)of section 43 is in force, exercise the powers conferred on him by this Code and shall discharge such other duties as may be entrusted to him by the Record Officer. 45 Power of Record Officer during record or survey operation.-Where any district or other local area is under record or survey operation, the powers conferred by sections 23 to 26 shall be exercised by the Record Officer. 46 Revision of records during record operation. - When any district or other local area is under record operation, the Record Officer shall cause to be revised, for each village comprised therein, the field book (khasra) and the record of rights (khatauni) or the record of abadi or village abadi. 47 Revision of records during survey operation.- When any district or other local area is under survey operation, the Record Officer shall cause to be prepared for each village comprised therein, a map, and thereafter, proceed to revise the 22 field book (Khasra) and the record of rights (Khatauni) or the record of abadi or village abadi, as the case may be. 48 Powers of Record Officer as to erection of boundary marks. - When any local area is under survey operation the Record Officer may issue a proclamation directing all Gram Panchayat and Bhumidhars to erect, within fifteen days such boundary marks, as he may think necessary to define the limits of the villages and fields and in default, he may cause such boundary marks to be erected, and the Collector shall recover the cost of their erection from the Gram Panchayats or Bhumidhars concerned. 49 Procedure of revision of map and records.- (1) For revising the map and records under sections 46 and 47, the Record Officer shall, subject to the provisions of sub-sections (2) to (8), cause to be carried out survey, map correction, field to field partal and test and verification of current record of rights (Khatauni) in accordance with the procedure prescribed. (2) After the test and verification of the current record of rights, the Naib-Tahsildar shall correct clerical mistakes and errors, if any, in such records, and shall cause to be issued to the concerned tenure holders and other persons interested, notices containing relevant extracts from the current record of rights and such other records as may be prescribed showing their rights and liabilities in relation to land and mistakes and disputes discovered during the operations mentioned in sub-section (1). (3) Any person to whom notice under sub-section (2) has been issued may within twenty one days of the receipt of notice, file before the Naib-Tahsildar objections in respect thereof disputing the correctness or nature of the entries in such records or extracts. (4) Any person interested in the land may also file objection before the Naib- Tahsildar at any time before the dispute is settled in accordance with sub-section (5), or before the Assistant Record Officer, at any time before the objections are decided in accordance with sub-section (6). (5) The Naib-Tahsildar shall- 25 commencement. 56 Rights in trees. - (1) All trees existing on any holding or grove shall, subject to the provisions of this Code or any other law for the time being in force, be deemed to belong to the person who holds such holding or grove. (2) All trees existing on the boundary of any holdings shall be deemed to belong jointly to the persons who hold the holdings on either side of such boundary. (3) All trees in abadi or in any unoccupied land belonging to or held by any person immediately before the date of commencement of this Code shall continue to belong to such person and be held subject to any other law for the time being in force and to any rules made under this Code. (4) Subject to the provisions of section 57, all trees, brushwood, jungle or other natural product, wherever growing or planted, other than the trees referred to in sub-section (1) to (3) shall, with effect from the date of commencement of this Code be deemed to be the property of the State Government. Explanation. - For the purposes of this section, and section 59, the expression ‘unoccupied land’ means the land in a village other than the land held by tenure- holders. 57 Fruit bearing trees.- (1) Where before the commencement of this Code, any fruit bearing tree was planted by any person on either side of any public road or path or canal with the permission in writing of any revenue officer or any officer of the Forest or Public Works Department or Irrigation Department of the State Government, not below the rank of a Tahsildar or an Assistant Conservator of Forest or an Assistant Engineer, as the case may be, then, notwithstanding that such land vests in the State Government, such person and his legal representative shall be entitled to the fruits of such trees without payment of any charges whatsoever. (2) Any person desiring to plant a fruit bearing tree after the commencement of this Code, on either side of any public road or path or canal may do so with the permission in writing of the Collector or any other officer authorised by the State Government in this behalf, and the provisions of sub-section (1) shall apply to the 26 trees so planted. (3) The right conferred under this section shall be heritable but the person planting the fruit bearing tree or his heirs shall have no right on the corpus of such tree or in the land on which it stands. 58 Disputes to be decided by the Collector. - (1) Where any dispute arises in respect of any property referred to in section 54 or section 56 or section 57 or in respect of any right to such property, such dispute shall be decided by the Collector. (2) Any person aggrieved by any order passed under sub-section (1) may file an appeal before the Commissioner within thirty days from the date of order. 59 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.- (1) The State Government may, by general or special order to be published in the manner prescribed, entrust all or any of the things specified in sub- section (2), which vest in the State Government, to a Gram Panchayat or other local authority for the purposes of superintendence, preservation, management and control in accordance with the provisions of this Code. (2) The following things may be entrusted to a Gram Panchayat or other local authority under sub-section (1), namely- (i) lands, whether cultivable or otherwise, except land for the time being comprised in any holding or grove; (ii) grove standing on the Gram Panchayat land, pasture land, graveyard, cremation ground, manure pits, Khaliyans, Chakroads, link roads, sector roads, land in river bed, road, Sadak Khanti, Sullage farm; (iii) forests and fisheries; (iv) trees, other than trees in a holding or on the boundary of a holding or in a grove or abadi, or any trees on unoccupied land; 27 (v) hats, bazaars, melas, tanks, ponds, water-channels, private ferries, pathways and abadi sites; (vi) subject to the provisions of the Treasure Trove Act, 1878, any properties specified in section 55 and belonging to the State Government. (3) Every land and other thing- (a) vested in a Gram Panchayat or any other local authority under the provisions of the Uttar Pradesh Consolidation of Holdings Act, 1953, or the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960; (b) placed under the charge of a Gram Panchayat or any other local authority under any of the enactments repealed by this Code; (c) otherwise coming into possession of a Gram Panchayat or other local authority, either before or after the commencement of this Code; shall be deemed to be entrusted to such Gram Panchayat or other local authority, as the case may be, with effect from the date of commencement of this Code or from the date of such coming into its possession, for the purpose of superintendence, preservation, management and control, in accordance with the provisions of this Code. (4)The State Government may, by a subsequent order to be published in the manner prescribed,- (a) add to, amend, vary or rescind any earlier order issued under sub-section (1); (b) transfer to any other Gram Panchayat or other local authority, any land or other thing entrusted or deemed to be entrusted under sub-section (1) or sub- section (3) for superintendence, preservation, management and control; (c) resume any land or other thing so entrusted or deemed to be entrusted, or transferred to any Gram Panchayat or local authority on such terms and conditions as prescribed; (d) impose conditions and restrictions subject to which the powers of superintendence, preservation, management and control under this section shall 30 allotment to persons specified in section 64:- (a) all lands entrusted or deemed to be entrusted to a Gram Panchayat under clause (i) of sub-section (2) of section 59; (b) all lands coming into possession of Gram Panchayat under any other provisions of this Code. (2) Notwithstanding anything contained in any other provision of this Code or in the U.P. Panchayat Raj Act, 1947, the Bhumi Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer, allot the following classes of land for the purposes of building houses:- (a) any vacant land referred to in sub-section (1); (b) any land earmarked for abadi sites under the Uttar Pradesh Consolidation of Holdings Act, 1953; (c) any land acquired under the provisions of Land Acquisition Act, 1894 (Act No.1 of 1894) and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013). 64 Allotment of abadi sites.-(1) The following order of preference shall be observed in making allotment of land referred to in section 63:- (a) an agricultural labourer or a village artisan residing in the Gram Sabha and belonging to a scheduled caste or scheduled tribes or other backward classes or a person of general category living below poverty line as determined by the State Government; (b) any other agricultural labourer or a village artisan residing in the Gram Sabha; (c) any other person residing in the Gram Sabha and belonging to a scheduled caste or scheduled tribe or other Backward Classes or a person of general category living below poverty line as determined by the State Government: Provided that preference will be given to widow and physically handicapped person 31 within same category. Explanation.- For the purposes of this sub-section- (one) “other backward class” means the backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (U.P. Act No.4 of 1994); (two) “person of general category living below poverty line” means such persons as may be determined from time to time by the State Government. (2) In making an allotment under this section, preference shall be given to a person who either holds no house or has insufficient accommodation considering the requirements of his family. (3) Every land allotted under this section shall be held by the allottee on such terms and conditions as may be prescribed: Provided that if the allottee is a married man and his wife is alive, she shall be co-allottee of equal share in the land so allotted. 65 Delivery of possession to allottee.- (1) Where any land referred to in section 63 has been allotted for building a house under section 64, and any person other than an allottee is in occupation of such land in contravention of the provisions of this Code, the Sub-Divisional Officer may, of his own motion and shall, on the application of the allottee, put the allottee in possession of such land, and may, for that purpose, use or cause to be used such force as he may consider necessary. (2) Where any person, after being evicted under this section, reoccupies the land or any part thereof, without lawful authority, he shall be punished with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousand rupees: Provided that the Court convicting the accused may, while passing the sentence, direct that the whole or such portion of the fine that may be recovered as 32 the court considers proper be paid to the allottee as damages for use and occupation. (3) Where in any proceeding under sub-section (2), the Court, at any stage after cognizance of the case has been taken, is satisfied by affidavit or otherwise that- (a) the accused is in occupation of the land to which such proceeding relates, in contravention of the provisions of this Code, and (b) the allottee is entitled to the possession of such land, the Court may, summarily, evict the accused from such land pending the final determination of the case, and may put the allottee in possession of such land. (4) Where in any proceeding under sub-section (2), the accused is convicted, the interim order passed under sub-section (3) shall be confirmed by the Court. (5) Where, in any proceeding under sub-section (2), the accused is acquitted or discharged and the Court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land, the Court shall, on the application of such person, direct that delivery of possession be made to him. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence under sub-section (2) may be tried summarily. (7) For the purpose of speedy trial of offences under this section, the State Government may, in consultation with the High Court, by notification constitute special Courts each consisting of an officer not below the rank of Sub-Divisional Magistrate, who shall, subject to the provisions of the Code of Criminal Procedure, 1973, exercise in relation to such offence, the powers of the Judicial Magistrate of the First Class. (8) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No.2 of 1974), every offence punishable under sub-section (2) shall be cognizable and non-bailable. 66 Inquiry into irregular allotment of abadi sites.-(1) The Collector may, of his own motion and shall, on the application of any person aggrieved by an 35 contrary is proved, be presumed to have been built by the occupant thereof and where the occupants are members of one family by the head of that family. 68 Gaon Fund.- (1) All sums received under this Code by a Gram Sabha, Gram Panchayat or a Bhumi Prabandhak Samiti shall be credited to the Gaon Fund: Provided that the amount of damages or compensation recovered under section 67 shall be credited to the Consolidated Gaon Fund. (2) The Gaon Fund constituted under the enactments repealed by this Code and subsisting immediately before the commencement of such Code shall be deemed to have been constituted under this section. (3) The Gaon Fund shall be operated in such manner and shall be applied for such purposes as may be prescribed. 69 Consolidated Gaon Fund.-(1) There shall be established for each district, a Consolidated Gaon Fund to which the following amounts shall be credited, namely- (a) The amount referred to in the proviso to sub-section (1) of section 68; (b) All contributions received by the Collector under sub-section (2); (c) Such other amounts as may be prescribed. (2) Every Gram Panchayat in a district shall pay to the Collector annually such percentage, not exceeding twenty five, as the State Government may from time to time notify, of the total amount credited to the Gaon Fund under section 67, in the manner prescribed. (3) The Consolidated Gaon Fund shall be operated by the Collector and may be applied for the following purposes namely- (a) the payment of fees and allowances, if any, of the lawyers appointed under section 72; (b) the payment of expenses incurred in connection with the conduct and prosecution of suits, applications or other proceedings by or against the Gram Panchayat or the Bhumi Prabandhak Samiti under this Code; 36 (c) the payment of expenses incurred on the development of lands of common utility; and (d) the payment of any other sum which the State Government may by general or special order declare to be an appropriate charge on such fund. (4) The Consolidated Gaon Funds constituted under any of the enactments repealed by this Code and subsisting immediately before its commencement shall be deemed to have been constituted under this section. (5) The State Government may, by notification in the gazette, direct that a Consolidated Gaon Fund shall be established also for each tahsil for the purpose and in the manner prescribed. 70 Orders and directions of the State Government and the Collector.- (1) The State Government and, subject to its control, the Collector may issue such orders or directions to the Bhumi Prabandhak Samiti as may appear to be necessary for purposes of this Code. (2) It shall be the duty of the Bhumi Prabandhak Samiti and its office bearers to forthwith carry out the orders and comply with the directions issued under sub section (1). 71 Alternative arrangement.- If at any time the Collector is satisfied that- (a) the Bhumi Prabandhak Samiti has failed without reasonable cause or excuse to discharge its duties or to perform the functions imposed or assigned to it by or under this Code; or (b) circumstances have so arisen that the Bhumi Prabandhak Samiti is or may be rendered unable to discharge the duties or perform the functions imposed or assigned by or under this Code; or (c) it is otherwise expedient or necessary to do so; he may, direct that the duties, powers and functions of such Bhumi Prabandhak Samiti under the Code, shall, notwithstanding anything contained in any other law for the time being in force, be discharged, exercised and performed by an officer not below the rank of a Naib-Tahsildar and for such period and subject to such 37 restrictions as may be specified: Provided that reasonable opportunity of hearing shall be given to the Bhumi Prabandhak Samiti before issuing any direction under this section. 72 Standing Counsel and other lawyers.– (1) The State Government may, on such terms and conditions and in such manner as may be prescribed, appoint- (a) one or more Standing Counsel (Revenue) each at Allahabad High Court and Lucknow Bench thereof; (b) one or more Standing Counsel (Revenue) each for Board of Revenue Allahabad and Lucknow; (c) one or more Divisional Government Counsel (Revenue) for the divisional head-quarter; and (d) one District Government Counsel (Revenue) and one or more Additional District Government Counsel (Revenue) for the district head-quarter. (2) The Collector may, on such terms and conditions and in such manner as may be prescribed appoint not more than two Panel Lawyers (Revenue) for every tahsil. (3) Subject to the provisions of sub-section (2) of section 62, the legal practitioners appointed under sub-section (1) or sub-section (2) may plead or act, without any written authority, on behalf of any Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti in any Court or authority for which he is so appointed. (4) No Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti shall engage any legal practitioner other than one appointed under this section without prior permission of the Collector. (5) Notwithstanding anything contained in the Court Fees Act 1870 (Act No.7 of 1870) no Court fee shall be payable on any vakalatnama or memo of appearance filed by any legal practitioner appointed under this section. (6) The legal practitioners appointed under this section shall not be competent to plead or act against any Gram Sabha, Gram Panchayat or Bhumi Prabandhak 40 exceed the ceiling area applicable to him, and the said area shall be demarcated in the prescribed manner in accordance with the principles laid down in the aforesaid Act; (e) every person who in any other manner acquires on or after the said date, the rights of such a bhumidhar under or in accordance with the provisions of this Code, or any other law for the time being in force. (2) Every person who was a bhumidhar with non-transferable rights immediately before the commencement of this Code and had been such bhumidhar for a period of five years or more, shall become bhumidhar with transferable rights on such commencement. (3) Every person who was a bhumidhar with non-transferable rights on the commencement referred to in sub-sections (1) and (2) or becomes bhumidhar with non-transferable rights after such commencement shall become bhumidhar with transferable rights after expiry of five years from his becoming bhumidhar with non-transferable right. (4) Notwithstanding anything contained in any other provisions of this Code, if any person transfers land by sale after becoming bhumidhar with transferable rights under sub-section (2) or sub-section (3), he shall not be eligible for lease of any land vested in the Gram Panchayat or the State Government or the surplus land defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. 77 Bhumidhari rights not to accrue in certain lands.- (1) Notwithstanding anything contained in this Code or any other law for the time being in force; no person shall acquire the rights of a bhumidhar in the following land:- (a) Khaliyan, manure pits, pasture land or land normally used as burial or cremation ground; (b) land covered by water and used for the purpose of growing singhara or other produce; (c) land situate in the bed of a river and used for casual or occasional cultivation; 41 (d) such tracts of shifting or unstable cultivation which the State Government may by notification specify; (e) land declared by the State Government to be intended or set apart for taungya plantation and notified as such; (f) grove land entrusted or deemed to be entrusted to a Gram Panchayat or any other local authority under section 59; (g) land included in sullage farm or trenching ground entrusted or deemed to be entrusted to a Gram Panchayat or any other local authority under section 59; (h) land acquired or held for a public purpose or a work of public utility; (i) land covered by a pond, tank or lake, or forming part of an embankment, bandh or bhita; and (j) any other land which the State Government may, by notification, specify in this behalf. Explanation.- The expression ‘public purpose’, in clause (h) shall include: (i) land set apart for military encamping ground; (ii) land included within railway or canal boundaries; (iii) land acquired and held by a local authority for its own purposes; (iv) land referred to in section 29-C of the Uttar Pradesh Consolidation of Holdings Act, 1953; or (v) land reserved by a Gram Panchayat for the purposes of public utility. (2) Notwithstanding anything to the contrary contained in other provisions of this Code, where, any land or part thereof specified in sub-section (1) of this section is, surrounded by or, in between, the plot or plots of land purchased, acquired or resumed for public purpose, the State Government may, change the class of such public utility land, and if the class of such public utility land is changed, any other land equivalent to or more than that of public utility land 42 aforesaid, shall be reserved for the same purpose in the same Gram Panchayat or other local authority, as the case may be or State Government may permit the exchange thereof under section 101 of this Code, in the manner prescribed. Provided that the class of any public utility land may be changed only in exceptional cases on such terms and conditions, as may be prescribed. The reason for changing the class of public utility land shall be recorded in writing. (3) The State Government, while changing the class of the land or permiting the exchange of the same under section 101 of the Code, shall consider the location, public utility and suitability of the land proposed to be reserved or exchanged. (4) If class of land is changed under sub-section (2) of this section, the Collector shall order the record of rights (Khatauni) and the map to be corrected accordingly. Explanation:- The expression ‘public purpose’, in sub-section (2) of this section means, mutatis mutandis, ‘the public purpose’ as defined in clause (za) of section 3 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act no.30 of 2013). 78 Asami.- Every person belonging to any of the following classes, shall be called an asami, and shall have all the rights and be subject to all the liabilities conferred or imposed upon such asami by or under this Code, namely:- (a) subject to the provisions of clause (dd) of sub-section (1) of section 76 of this Code, every person who was an asami immediately before the date of commencement of this Code; (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 45 (2) where a declaration is cancelled under sub-section (1) the following consequences shall, in respect of the holding or part to which it relates ensue namely: (a) the holding or part shall become subject to all restrictions imposed by or under this chapter in matters of transfer and devolution; (b) the holding or part shall become liable to payment of land revenue with effect from the commencement of the agriculture year in which the order for cancellation of the declaration is made: Provided that until any land revenue is reassessed on such holding or part in accordance with the provisions of this Code, the land revenue payable or deemed to be payable in respect of such holding or part before the grant of declaration under section 80 shall be deemed to be the land revenue payable in respect of such holding or part, (c) where the land is in possession of any person other than the bhumidhar thereof on the basis of a contract or lease, and the terms of such contract or lease are inconsistent with the provisions of this Code, such contract or lease shall, to the extent of the inconsistency, become void and the person in possession shall be liable to ejectment on the suit of the bhumidhar: Provided that a mortgage with possession existing on the date of the cancellation of the declaration shall, to the extent of the amount due and secured on such land, be deemed to be substituted by a simple mortgage carrying such rates of interest as may be prescribed; 83 Recording of declaration or cancellation.–Every declaration under section 80 or cancellation under section 82 shall be recorded in record of rights in the manner as may be prescribed and even after declaration under section 80, the mutation order on the basis of transfer or succession shall be passed in the manner prescribed. 84 Right of an asami for exclusive possession of his holding.- An asami shall, subject to the provisions of this Code, have the right to exclusive possession 46 of all land comprised in his holding and to use such land for any purpose connected with agriculture: Provided that no asami shall be entitled to use any land declared by the State Government by notification to be intended or set apart for taungya plantation, for any purpose other than cultivation and raising of crops. 85 Consequences of using the land in contravention of the provisions of this Code.- (1) Where a bhumidhar with non-transferable rights uses his holding or part thereof, in contravention of the provisions of section 79, he shall, notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part on the suit of the Gram Panchayat. (2) Where an asami uses his holding or part thereof for any purpose not permitted by section 84, he shall, notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part, on the suit of the land holder. (3) A decree for ejectment under this section may direct payment of damages equivalent to the cost of works which may be required to restore the land to its original condition. 86 Extinction of interest of bhumidhar with non-transferable rights or asami.- Where a bhumidhar with non-transferable rights or an asami has been ejected from any holding or part thereof in accordance with section 85, all rights and interest of such bhumidhar or asami in such holding or part together with any improvements made therein shall stand extinguished. 87 Improvement not to be removed.- (1) It shall be lawful for a bhumidhar to make any improvement in the land of which he is bhumidhar for cultivation of such land or for more convenient use thereof. (2) where the right, title or interest of any tenure holder in any holding or part is extinguished under or in accordance with the provisions of this Code, he shall not be entitled to remove or appropriate any improvement made by him under sub- section (1). 47 88 TRANSFERS Transferability of a bhumidhar’s interest.- (1) The interest of a bhumidhar with transferable rights shall, subject to the provisions of this Code, be transferable. (2) Save as otherwise expressly provided by this Code or any other law for the time being in force, the interest of a bhumidhar with non-transferable rights or an asami in any holding shall not be transferable. 89 Restrictions on transfer by bhumidhar.-(1) No bhumidhar shall have the right to transfer any holding or part thereof where such transfer contravenes or is likely to contravene the provisions of sub-section (2) or sub-section (3). (2) Subject to the provisions of sub-section (3), no person shall have the right to acquire by purchase or gift any holding or part thereof from a bhumidhar with transferable rights, where the transferee shall, as a result of such acquisition, become entitled to land which together with land, if any, held by such transferee and where the transferee is a natural person, also together with land, if any, held by his family shall exceed 5.0586 hectares in Uttar Pradesh. (3) The State Government may, by general or special order, authorise an acquisition in excess of the limits specified in sub-section (2) if such acquisition is for a charitable or industrial purpose and is in favour of a registered society or any company or other corporation or educational institution or a charitable institution and if it is of opinion that the acquisition would be in public interest, and in any such case, the provisions of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 shall not apply to such acquisition. 90 Persons other than Indian nationals not to acquire land.- Notwithstanding anything contained in this Code or in any other law for the time being in force, no person, other than an Indian citizen, shall have the right to acquire any land, by sale or gift, or in any other manner involving transfer of possession in his favour, without prior permission in writing from the State 50 shall cease to have any right, title or interest in the land so let. Explanation.- The expression ‘mentally ill’ and ‘mentally retarded’ shall have the meanings assigned to them in the Mental Health Act, 1987 (Act no.14 of 1987). 96 Lease by disabled co-sharers.- (1) Where any holding is held jointly by more persons than one and all of them are not subject to the disabilities mentioned in sub- section (1) of section 95, then the disabled co-sharer may alone let out his share in the holding. (2) Where any share in any holding has been let out by a co-sharer in accordance with sub-section (1), the asami or co-sharer may sue for division of such share. (3) No other relief shall be combined in a suit for division under sub-section (2). 97 Lease how made.- Notwithstanding anything contained in the Transfer of Property Act, 1882 (Act No.4 of 1882), or the Registration Act, 1908 (Act No.16 of 1908), a lease referred to in section 95 for a period exceeding one year shall be made either by a registered instrument or in the manner prescribed. Explanation. - A lease which fails to comply with the provisions of this section shall not be deemed by reason thereof to be a transfer in contravention of the provisions of this Chapter. 98 Restrictions on transfer by bhumidhars belonging to a scheduled caste.- (1) Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste, except with the previous permission of the Collector in writing: Provided that the permission by the Collector may be granted only when- (a) the bhumidhar belonging to a scheduled caste has no surviving heir specified in clause (a) of sub-section (2) of section 108 or clause (a) of section 110, as the case may be; or (b) the bhumidhar belonging to a scheduled caste has settled or is ordinarily residing in the district other than that in which the land 51 proposed to be transferred is situate or in any other State for the purpose of any service or any trade, occupation, profession or business; or (c) the Collector is, for the reasons prescribed, satisfied that it is necessary to grant the permission for transfer of land. (2) For the purposes of granting permission under this section the Collector may make such inquiry as may be prescribed. 99 Restrictions on transfer by bhumidhars of scheduled tribes. - Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled tribe shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled tribe. 100 Mortgage by members of scheduled caste and scheduled tribes.- A bhumidhar or an asami belonging to a scheduled caste or a scheduled tribe may, notwithstanding anything contained in any other provision of this Code, transfer his interest in any holding or part, by mortgage without possession as security for a loan taken or to be taken from the State Government or any institution referred to in clause (a) of section 92. 101 Exchange.- (1) Notwithstanding anything in section 77 of this Code, any bhumidhar may with prior permission in writing of the Sub-Divisional Officer exchange his land with the land- (a) held by another bhumidhar; or (b) entrusted or deemed to be entrusted to any Gram Panchayat or a local authority under section 59. (2) The Sub-Divisional Officer shall refuse permission under sub-section (1) in the following cases, namely- (a) if the exchange is not necessary for the consolidation of holdings or securing convenience in cultivation; or (b) if the difference between the valuation, determined in the manner prescribed, of the lands given and received in exchange exceeds ten per 52 cent of the lower valuation; or (c) if the difference between the areas of the land given and received in exchange exceeds twenty-five per cent of the lesser area; or (d) in the case of land referred to in clause (b) of sub-section (1), if it is reserved for planned use, or is land in which bhumidhari rights do not accrue; or (e) if the land is not located in same or adjacent village of the same tahsil: Provided that the State Government may permit the exchange with land mentioned in clause (d) aforesaid, on the conditions and in the manner, prescribed. (3) Nothing in this section shall be deemed to empower any person to exchange his undivided interest in any holding, except where such exchange is in between two or more co-sharers. (4) Nothing in the Registration Act, 1908 (Act No.16 of 1908), shall apply to an exchange in accordance with this section. 102 Consequences of exchange.- Where an exchange is made in accordance with section 101- (a) the parties to the exchange shall have the same rights in the land received in exchange as they had in the land given; (b) the Sub-Divisional officer shall order the record of rights (Khatauni) to be corrected accordingly; and (c) the amount of land revenue assessed, payable or deemed to be payable for the land so exchanged shall not be affected thereby. 103 Effect of lease in contravention of this Code.- Where a bhumidhar has let out his holding or any part thereof in contravention of section 94, section 95, section 96 or section 99, the lessee shall, notwithstanding anything contained in any law or contract or document of lease, become and be deemed to be- (a) Where the total area of the land held by him, together with the land held by his 55 share; (iv) the widow or widowed mother or the father’s widowed mother or the widow of any predeceased male lineal descendant who would have been an heir, if alive, shall inherit only if she has not remarried. (2) The following relatives of the male bhumidhar, asami or government lessee are heirs, subject to the provisions of sub-section (1), namely:- (a) widow, unmarried daughter and the male lineal descendants in the male line of descent per stirpes: Provided that the widow and the son of a predeceased son how low-so- ever shall inherit per stirps the share which would have devolved upon the predeceased son had he been alive; (b) mother and father; (c) (deleted); (d) married daughter; (e) brother and unmarried sister being respectively the son and the daughter of the same father as the deceased, and son of a predeceased brother, the predeceased brother having been the son of the same father as the deceased; (f) son’s daughter; (g) father’s mother and father’s father; (h) daughter’s son; (i) married sister; (j) half sister, being the daughter of the same father as the deceased; (k) sister’s son; (l) half sister’s son, the sister having been the daughter of the same father as the deceased; (m) brother’s son’s son; 56 (n) father’s father’s son; (o) father’s father’s son’s son; (p) mother’s mother’s son. 109 Succession to woman inheriting interest as a female heir.-Where before or after the commencement of this Code, any woman inherits the interest of a male bhumidhar, asami or government lessee in any holding, and such woman dies, marries or remarries after such commencement, then, her interest in the holding shall, subject to the provisions of sections 107 and 112 devolve upon the nearest surviving heir of the last male bhumidhar, asami or government lessee, as the case may be. Explanation. - The expression ‘nearest surviving heir’ in this section means the heir ascertained in accordance with section 108. Provided that if any woman inheriting as a daughter, who has surviving heirs specified in clause (a) of section 110 of this Code, dies, her interest in the holding shall devolve upon heirs specified in clause (a) of section 110. 110 Succession to woman holding otherwise than as a female heir.- Where any female bhumidhar, asami or a government lessee dies, after the commencement of this Code, then her interest in any holding or its part shall subject to the provisions of sections 107 to 109 devolve, in accordance with the order of succession given below:- (a) son, unmarried daughter, son’s son, son’s son’s son, predeceased son’s widow, and predeceased son’s predeceased son’s widow, in equal shares per stirpes: Provided firstly that the nearer shall exclude the remoter in the same branch: Provided secondly that a widow who has remarried, shall be excluded; (b) husband; (c) (omitted); (d) married daughter; 57 (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 stirpes; (i) unmarried sister; (j) married sister; (k) sister’s son. 111 Savings as to religious endowments. etc. - Nothing in this Chapter shall be construed to apply to the devolution of management of a Hindu devasthan, math or debutter property or of a Muslim waqf comprising any holding, which shall continue to be governed by such personal or other law as may be applicable to it. 112 Interest of co-tenure-holders to pass by survivorship.- (1) Where before or after the commencement of this Code, two or more co-widows inherit the interest of a male tenure-holder, and any one of them dies or remarries after such commencement without leaving any heir entitled to succeed in accordance with section 108, the interest of such co-widow shall pass by survivorship to the surviving widow, and where there are two or more surviving co-widows, then to the surviving co-widows in equal shares. (2) Where any land is held by two or more co-tenure holders, and any one of them dies after the commencement of this Code without leaving any heir entitled to succeed under sections 108 to 110, the interest of such co-tenure holder shall pass to the surviving co-tenure holders in equal shares. 113 Persons other than Indian citizens and persons of Indian origin not to inherit.- Notwithstanding anything contained in this Code or any other law for the time being in force, no person other than an Indian citizen and person of Indian origin who has acquired citizenship of any other country shall be entitled to acquire any land or any interest therein either by bequest or by inheritance. 60 holding of which he is a co-sharer. (2) In every such suit, the Court may also divide the trees, wells and other improvements existing on such holding but where such division is not possible, the trees, wells and other improvements aforesaid and valuation thereof shall be divided and adjusted in the manner prescribed. (3) One suit may be instituted for the division of more holdings than one where all the parties to the suit other than the Gram Panchayat are, jointly interested in each of the holdings. (4) to every suit under this section, the Gram Panchayat concerned shall be made a party. 117 Duty of Court in suits for division of holding.- (1) In every suit for division of holding under section 116 the Court of Assistant Collector shall- (a) follow such procedure as may be prescribed; (b) apportion the land revenue payable in respect of each such division. (2) A division of holding referred to in section 116 shall not affect the joint liability of the tenure-holders thereof in respect of the land revenue payable before the date of the final decree. 118 SURRENDER AND ABANDONMENT Surrender by bhumidhar.- (1) A bhumidhar may surrender his interest in any holding or any part thereof by giving an application in writing to the Tahsildar intimating his intention to do so and by giving up possession thereof to him whether or not such holding is let. (2) Where only part of a holding has been surrendered, the Tahsildar shall apportion the land revenue payable by such bhumidhar. 119 Surrender by asami. - An asami may surrender his interest in any holding (but not any part thereof) by giving notice in writing to the land holder intimating his intention to do so, and by giving up possession thereof to him. 120 Effect of surrender. - (1) A bhumidhar or asami shall be deemed to have 61 surrendered any land held by him, with effect from the date when possession over such land is given up in accordance with section 118 or section 119. (2) Where any land is so surrendered : (a) by an asami, his right, title or interest in such land shall be deemed to have been extinguished from the date of such surrender; (b) by a bhumidhar, the right, title and interest of such bhumidhar and of every other person claiming through him in such holding or its part shall be deemed to have been extinguished from the said date. 121 Liability for rent or revenue in case of surrender.-Notwithstanding the provisions of sections 118 to 120, the bhumidhar, or asami shall continue to be liable to pay the land revenue or the rent, as the case may be, for the holding in respect of the agricultural year next following the date of surrender, unless the notice of surrender was given before the first day of April. 122 Abandonment by bhumidhar. - (1) If a bhumidhar does not pay the land revenue and does not use the land for agriculture for a continuous period of three agricultural years and has left the village in which he usually resides and whose whereabouts are not known, then the Collector may, after such inquiry, as he may deem necessary, take possession of the land held by such bhumidhar. (2) Where the Collector has taken possession of any land under sub-section (1), he may let it out on behalf of the bhumidhar for a period of one agricultural year at a time in the manner prescribed. (3) If the bhumidhar or any other person lawfully entitled to the land claims it within a period of three years from the commencement of the agricultural year next following the date on which the Collector took possession thereof, it shall be restored to him on payment of dues, if any, and on such terms and conditions as the Collector may think fit. (4) Where no claim is preferred under sub-section (3) or if any claim is preferred but is disallowed, the Collector shall make an order declaring the holding abandoned. 62 (5) Every order of the Collector under sub-section (4) shall be published in the manner prescribed and shall, subject to the result of any suit under section 144, be final. (6) Nothing in this section shall apply to any holding held by a bhumidhar in whose favour a declaration has been made under section 80 where such declaration continues to be in force. 123 Consequence of abandonment.- Where any holding has been abandoned under section 122, the following consequences shall ensue, namely- (a) the holding shall vest absolutely in the State Government free from all encumbrances; (b) the bhumidhar concerned shall cease to have any right, title or interest in such holding; (c) the bhumidhar concerned shall continue to be liable for land revenue due in respect of such holding for the agricultural year during which the order referred to in sub-section (4) of the said section was made. 124 Delivery of possession to Gram Panchayat.- (1) When the interest of a bhumidhar in any land is extinguished under the provisions of this Code or any other law for the time being in force, the Sub-Divisional Officer may, on the application of the Gram Panchayat concerned evict any person in unauthorized occupation of such land and deliver possession thereof to the Gram Panchayat in such manner as may be prescribed. (2) The provisions of sub-section (1) shall mutatis mutandis apply to the eviction of an asami holding land from a Gram Panchayat, or from a bank under sub-section (2) of section 95. 125 LEASE OF LAND BY GRAM PANCHAYAT Admission by Bhumi Prabandhak Samiti to land entrusted to Gram Panchayat.- The Bhumi Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer, admit any person as- 65 accordance with sections 125 and 126 and any tree or other improvement exists on such land, then unless the contrary intention appears, such tree or improvement shall also be deemed to be allotted to the person concerned along with the land. (2) The allottee shall hold the land so allotted on such terms and conditions as may be prescribed: Provided that if the allottee is a married man and his wife is alive, she shall be co-allottee of equal share in the land so allotted. 128 Cancellation of allotment and lease.- (1) the Collector may, of his own motion and shall on the application of any person aggrieved, inquire in the manner prescribed into any allotment and if he is satisfied that the allotment is in contravention of the provisions of this Code or any of the enactments repealed by this Code or the rules made there under, he may cancel the allotment and the lease, if any. (1-A) Any application under sub-section (1) may be moved in the case of an allotment of land made before the commencement of this Code, within five years from the date of such commencement and in the case of an allotment of land made on or after the date of such commencement, within five years from the date of such allotment or lease. (2) Where the allotment or lease of any land is cancelled under sub-section (1), the following consequences shall ensue, namely- (a) the right, title and interest of the allottee or lessee or any other person claiming through him in such land and in every tree or other improvement existing thereon shall cease, and the same shall revert to the Gram Panchayat; (b) the Collector may direct delivery of possession over such land, tree or improvement forthwith to the Gram Panchayat after ejectment of every person holding or retaining possession thereof and may for that purpose use or cause to be used such force as may be necessary. (3) Where in proceedings for cancellation of allotment or lease referred to in clause (b) of sub-section (1) the Collector is satisfied that any land referred to in section 77 66 excepting clause (a) or clause (h) or (i) thereof has been allotted to any person as bhumidhar with non-transferable rights, he may instead of cancelling the allotment, or lease, direct that the allottee or lessee shall be treated as an asami under clause (b) of section 125. (4) Every order made by the Collector under this section shall, subject to the provisions of section 210, be final. (5) The provisions of sections 5 and 49 of the Uttar Pradesh Consolidation of Holdings Act, 1953 shall not apply to the proceedings under this section. 129 Restoration of possession to allottee or the Government lessee.- (1) Where any person is admitted to any land in accordance with section 125, or where any land is let out to any person by the State Government, and any person, other than the allottee or lessee, is in occupation of such land in contravention of the provisions of this Code, the Assistant Collector may, of his own motion, and shall, on the application of the allottee or the lessee, as the case may be, put him in possession of such land, and may for that purpose use or cause to be used such force as he considers necessary. (2) The provisions of sub-section (2) to (8) of section 65 shall mutatis mutandis apply in relation to reoccupation of any land or part thereof after possession has been delivered under sub-section (1). 130 EJECTMENT Bhumidhars not to be ejected. - No bhumidhar shall be liable to ejectment from the land held by him except as provided by or under this Code. 131 Suit for ejectment etc. against asami.- (1) No asami shall be liable to ejectment from the land held by him, except on 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. (2) No notice to quit to the asami shall be necessary before filing a suit under this section. (3) The land holder may in a suit for ejectment also claim arrears of rent. (4) A land holder may, without suing for ejectment sue the asami for arrears of rent. 132 Right to crops and trees.-(1) Where in execution of a decree passed in a suit under section 131, an asami is ejected, and the Court is satisfied that any ungathered crops or trees belonging to the judgment debtor exist on the land, the Court shall, notwithstanding anything contained in the Code of Civil Procedure, 1908, proceed in the following manner: (a) if the amount due from the judgment-debtor is equal to or greater than the value of such crops or trees, the Court shall deliver the possession of the land with the crops and trees to the decree holder, and all rights of the judgment-debtor in or upon such crops or trees shall therefore pass to the decree-holder; (b) if the amount due from the judgment-debtor is less than the value of such crops or trees, and – (i) the decree-holder pays the difference between such amount and the value to the judgment –debtor, the Court shall deliver possession of the land to the decree- 70 (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. 138 RENT Rent payable by an Asami. - Subject to such restrictions and conditions as may be prescribed, an asami shall, on being admitted to the occupation of any land, be liable to pay such rent as may be agreed upon between him and his land holder or the Gram Panchayat, as the case may be. 139 Application for fixation of rent. - (1) Where any person is in occupation of any land as an asami, without the rent being agreed upon, the asami or his land holder may apply to the Tahsildar for fixation of rent. (2) On receipt of an application under sub-section (1), the Tahsildar shall make an inquiry in such manner as may be prescribed, and shall fix the rent in accordance with the rules made under this Code. (3) The rent fixed under sub-section (2) shall be payable by the asami with effect from the date when he occupied the land as such asami. (4) any person aggrieved by an order of the Tahsildar under sub-section (2) may file an appeal to the Sub-Divisional Officer, and notwithstanding anything contained in other provisions of this Code, the order of the Sub-Divisional Officer shall be final. 140 Remission for calamity by Court decreeing claim for arrears.- (1) Where the Court hearing a suit for recovery of arrears of rent is satisfied that the holding was substantially decreased by diluvion or otherwise, or the produce thereof was substantially diminished by drought, hail, deposit of sand or other calamity during the period for which the arrear is claimed, it may allow such remission from the rent, as may appear to it to be just: Provided that no such remission shall be deemed to vary the rent payable by 71 the asami otherwise than for the period in respect of which it is made. (2) Where a Court allows remission under sub-section (1), the State Government or any authority empowered by it in this behalf, shall order consequential remission in the land revenue in accordance with such principles as may be prescribed. 141 Commutation of rent.- (1) Where the rent in respect of any holding is payable otherwise than in cash, the Assistant Collector may, of his own motion, or on the application of the Gram Panchayat or the person by or to whom the rent is payable, commute the rent in the manner prescribed. (2) The rent commuted under sub-section (1) shall be payable from the first day of July following the date of the order of commutation unless the order provides for some other date. 142 Recovery of arrears of rent from asami of Gaon Panchayat, etc.- Arrears of rent due from an asami holding land from Gram Panchayat or other local authority either before or after the commencement of this Code, shall be recoverable as an arrear of land revenue. 143 Power to write off arrears.- The whole or any part of the arrears of rent, in respect of any land or other property entrusted or deemed to be entrusted to a Gram Panchayat or other local authority under the provisions of this Code may, in such circumstances as may be prescribed, be written off as irrecoverable by the Bhumi Prabandhak Samiti or by the local authority, as the case may be, by resolution passed in that behalf: Provided that no resolution passed by a Bhumi Prabandhak Samiti shall take effect until it is confirmed by the Sub-Divisional Officer. 144 DECLARATORY SUITS Declaratory suits by tenure holders. - (1) Any person claiming to be a bhumidhar or asami of any holding or part thereof, whether exclusively or jointly with any other person, may sue for a declaration of his rights in such holding or part. (2) In every suit under sub-section (1) instituted by or on behalf of:- 72 (a) a bhumidhar, the State and the Gram Panchayat shall be necessary parties; (b) an asami, the land-holder shall be a necessary party. 145 Declaratory suit by Gram Panchayat. - Notwithstanding anything to the contrary contained in section 34 of the Specific Relief Act, 1963, the Gram Panchayat may institute a suit against any person claiming to be entitled to any right in any land for the declaration of the right of such person in such land, and the Court may, in its discretion make a declaration of the right of such person, and the Gram Panchayat need no in such suit ask for any further relief. 146 Provision for injunction.- If in the course of a suit under section 144 or 145, it is proved by affidavit or otherwise- (a) that any property, trees or crops standing on the land in dispute is in danger of being wasted, damaged or alienated by any party to the suit; or (b) that any party to the suit threatens or intends to remove or dispose of the said property, trees or crops in order to defeat the ends of justice, the Court may grant a temporary injunction, and where necessary, also appoint a receiver. 147 CHAPTER X GOVERNMENT LESSEES Definition of Government lessee.- Every person who holds any land on lease from the State Government, whether such lease was granted before or after the commencement of this Code, shall be called a Government lessee in respect of such land. 148 Government lessee’s right to hold land. - Notwithstanding anything contained in this Code, every Government lessee shall be entitled to hold such land in accordance with the terms and conditions of the lease. 149 Ejectment of Government lessee.- A Government lessee may be evicted from the land held by him on one or more of the following grounds, namely- (a) that he has failed to pay the rent or any other sum due under the lease within 75 land, where no land revenue was payable in respect of such land immediately before the date of such acquisition, shall be liable to pay land revenue determined by the Sub-Divisional Officer in accordance with such principles as may be prescribed. 155 Variation of land revenue. - Notwithstanding anything contained in this Chapter, the land revenue payable by a bhumidhar may be varied in the manner prescribed on the ground of an increase or decrease in the area of his holding or in the productivity of the land comprised therein by fluvial action or other natural cause. 156 Exemption of land revenue in certain cases.- Notwithstanding anything contained in this Code, every member of a family, the total area of land held by whose members as bhumidhar, does not exceed 1.26 hectares (3.125 acres) shall be exempted from the liability to pay land revenue to the State Government. 157 Remission or suspension of land revenue on the occurrence of agricultural calamity.- (1) Notwithstanding anything contained in this Code, the State Government may, on the occurrence of an agricultural calamity affecting the crops of any village or part of a village, remit or suspend, for any period, the whole or any part of the land revenue of any holding affected by such calamity. (2) The State Government may likewise remit or suspend, for any period, the rent payable by an asami to the Gram Panchayat, in a village or part where such calamity has occurred. 158 Power of State Government to remit rent in certain cases. - Whenever the land revenue is increased or decreased under section 155 or is remitted or suspended under section 157, the State Government may increase or decrease or, as the case may be, remit or suspend the whole or part of any rent payable by an asami, other than an asami of a Gram Panchayat. 159 Consequences of suspension of rent.- Where the payment of any rent has been suspended under section 157- (a) the period during which such suspension continues shall be excluded in 76 computing the period of limitation allowed for a suit for recovery of the rent; and (b) no suit or application shall lie, for the period of such suspension, for its recovery. 160 Annual enquiry of revenue free land. - (1) The Collector shall inquire annually into the case of all lands exempted from the payment of land revenue. (2) If the exemption has been granted on any condition and the same has been broken, he shall report the matter to the Board for orders, and the orders of the Board thereon shall be final. 161 Rounding off the amount of land revenue. - Where the amount payable on account of land revenue or any instalment thereof involves a fraction of a rupee, the same shall be rounded off to the nearest rupee, and for this purpose, where such amount contains a part of a rupee, then if such part is fifty paise or more, it shall be increased to one rupee, and if such part is less than fifty paise, it shall be ignored. 162 Finality of orders. - Every order of the State Government under this Chapter shall be final and shall not be called in question in any Court. 163 CHAPTER XII COLLECTION OF LAND REVENUE Land revenue to be the first charge. - (1) The land revenue assessed on any holding shall be the first charge on such holding, and also on trees or buildings standing thereon or the rents, profits or produce thereof. (2) The claim of the State Government in respect of any other sum recoverable as arrears of land revenue shall have priority over all unsecured claims on any land against the holder thereof. 164 Bhumidhars to be jointly and severally liable. - All co-bhumidhars of any holding shall be jointly and severally liable to the State Government for the payment of land revenue for the time being assessed thereon and all persons succeeding whether by devolution or otherwise to the interest of such bhumidhars 77 shall be liable for all arrears of land revenue due in respect of such land. 165 Land Revenue when becomes due and payable.- The land revenue leviable in respect of an agricultural year shall become due on the first day of that year, and shall be payable at such times, in such instalments, to such persons, at such places and in such manner as may be prescribed. 166 Arrangements for collection of land revenue. - The State Government may make such arrangement and employ such agency for the collection of land revenue as it may deem fit. 167 Defaulters. - Any land revenue due and not paid on or before the date specified in section 165 becomes there from an arrear and the persons liable for its payment shall become defaulters. 168 Certified account to be evidence of arrears. - A statement of account certified by the Tahsildar shall, for the purposes of this Chapter, be conclusive evidence of the existence of the arrear of land revenue, of its amount and of the person who is the defaulter. 169 Writ of demand. - As soon as an arrear of land revenue has become due, a writ of demand may be issued by the Tahsildar against the defaulter calling upon him to appear or to pay the amount within a time to be specified. 170 Process for recovery of arrears.- (1) An arrear of land revenue remaining unpaid within the time specified in the writ of demand, may be recovered by any one or more of the following processes, namely- (a) by arrest and detention of the defaulter; (b) by attachment and sale of his movable property including agricultural produce; (c) by attachment of any bank account or locker of the defaulter; (d) by attachment of the land in respect of which the arrear is due; (e) by lease or sale of the land in respect of which the arrear is due; (f) by attachment and sale of other immovable property of the defaulter; (g) by appointing a receiver of any property, movable or immovable, of the 80 Provided that in the case of live-stock, it may be removed to the nearest pound if neither the defaulter furnishes such security nor any responsible person is willing to undertake its custody. (4) The person who undertakes the custody of any movable property under sub- section (3) shall execute a bond (supurdnama) in the prescribed form (which shall be exempt from stamp duty) and shall preserve and maintain such property and produce it wherever required. The supurdar shall be liable for all damages or loss caused to the property given in his custody or for failure to produce it when required. Such damages or loss shall be determined by the Sub-Divisional Officer and shall be recoverable from the supurdar as arrears of land revenue. (5) If the amount of arrears is not paid within a period of thirty days from the date of attachment of movable properties under this section, the Sub-Divisional Officer may sell the same in the manner prescribed. 173 Attachment of bank account and locker of the defaulter.-The attachment of any bank account of the defaulter shall, so far as possible, be made by serving a garnishee order on the manager in charge of the branch of the bank concerned in the manner laid down in Rules, 46, 46-A and 46-B of Order XXI contained in the First Scheduled to the Code of Civil Procedure, 1908, and in the case of a locker hired by the defaulter, the same shall be sealed in the presence of such manager who shall, thereafter, await further orders of the Sub-Divisional Officer regarding preparation of inventory of its contents and their ultimate disposal. 174 Attachment of holding.-(1) The Collector may attach any land in respect of which any arrears of land revenue is due. (2) Where the amount of arrears in respect of which attachment was made under sub-section (1) is paid, such attachment shall stand withdrawn. (3) If the amount of arrears is not paid within a period of thirty days from the date of such attachment, the Collector may proceed in accordance with the provisions of section 175 or section 176, as the case may be. 81 175 Lease of holding. - (1) Where any land is attached under section 174 the Collector may, notwithstanding anything contained in this Code, but subject to such conditions as may be prescribed, let out the same for such period not exceeding ten years (commencing from the first day of July next following) as he deems fit, to any person other than the defaulter. (2) The person to whom any land is let out under sub-section (1) shall be bound to pay the whole of the arrears due in respect of such land and to pay the land revenue, during the period of lease, at the rate payable by the defaulter in respect of such land immediately preceding its attachment. (3) If during the period of lease, the lessee commits default in payment of any amount due under the lease, and no other person is to take the land on lease for the remaining period thereof, then such amount may be recovered from such lessee by any one or more of the processes mentioned in section 170 and the lease shall be liable to be determined. (4) Upon the expiry of the period of lease, the land shall be restored to the tenure holder concerned free of any claim on the part of the State Government for any arrear of revenue in respect of such land. 176 Sale of holding.-(1) Where a suitable person is not forthcoming to take on lease the land attached under section 174, or where the lease of such land is determined under section 175, the Collector may sell the whole or any part of such land in such manner as may be prescribed and appropriate the sale proceeds in accordance with section 200. (2) The Collector shall report to the Board of Revenue every sale of land under sub-section (1). 177 Attachment and sale of other immovable property.- Notwithstanding anything contained in any law for the time being in force, the Collector may realize any arrears of land revenue by attachment and sale of the interest of a defaulter in any other immovable property belonging to such defaulter: Provided that the house or other building (with materials and sites thereof) and the 82 land immediately appurtenant thereto belonging to an agriculturist and occupied by him shall be exempted from attachment under this section. Explanation. - For the purposes of this section, the expression ‘agriculturist’ shall have the meaning assigned to it in section 172. 178 Appointment of receiver.- (1) Where any arrear of land revenue is due from any defaulter, the Collector may by order- (a) appoint, for such period as he may deem fit, a receiver of any movable or immovable property of the defaulter; (b) remove any person from the possession or custody of the property and commit the same to the possession, custody or management of the receiver; (c) confer upon the receiver all such powers as to brining and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents, as the defaulter himself has, or such those powers as the Collector thinks fit. (2) Nothing in this section shall authorise the Collector to remove from the possession or custody of property any person to whom the defaulter has not a present right to remove. (3) The Collector may, from time to time, extend the duration of appointment of the receiver. (4) No order under sub-section (1) or sub-section (3) shall be made except after giving notice to the defaulter to show cause, and after considering any representation that may be received by the Collector in response to such notice. Provided that an interim order under sub-section (1) or sub-section (3) may be made at any time before or after the issue of such notice. Provided further that where an interim order is made before the issue of such notice, the order shall stand vacated, if no notice is issued within two weeks from 85 reasonable notice, admit or reject such claim: Provided that no such claim shall be entertained: (a) where, before the claim is preferred, the property attached has already been sold; or (b) where the Collector considers that the claim is designedly or unnecessarily delayed; or (c) where the claim is preferred after 30 days from the date of attachment. (2) The person against whom an order is made under sub-section (1) may, within sixty days from the date of the order, prefer an appeal before the Commissioner to establish the right which he claims to the property attached but subject to the result of such appeal, if any, the order of the Collector shall be final. 184 Proclamation of sale.- (1) Where any immovable property is sought to be sold under the provisions of this Chapter, the Collector or an Assistant Collector authorised by him, shall issue a proclamation of the intended sale in the form prescribed, specifying therein- (a) the details of the property sought to be sold; (b) the estimated value, reserve price and circle rate of such property; (c) the land of revenue, if any, payable therefor; (d) the encumbrances, if any; (e) the amount of arrears for the recovery of which the property is sought to be sold; (f) the date, time and place of the intended sale; and (g) such other particulars as the Collector may think necessary. (2) Where the area of the land sought to be sold exceeds 5.0586 hectares, a single proclamation may be issued under sub-section (1), but the actual sale shall be made in lots of 1.26 hectares or more. (3) No sale shall take place until the expiry of twenty-one days from the date on 86 which the proclamation is issued under this section. (4) A copy of the proclamation shall be served on the defaulter. 185 Affixation of proclamation.- A copy of the sale proclamation referred to in section 184 shall be affixed in each of the following places:- (a) the office of the Collector; (b) the office of the Tahsildar of the tahsil in which the property is situate; (c) some other public building in the village or the area in which the property is situate; (d) the dwelling house of the defaulter. 186 Sale when and by whom made. - (1) Every such sale shall be made by the Collector or by the Assistant Collector authorized by him. (2) No sale shall take place on a Sunday or other holiday notified for State Government offices. (3) The Sale Officer may, from time to time, postpone the sale for any sufficient reason. (4) Where a sale is postponed for a period longer than twenty one days, or where the property is resold for default in payment of the purchase money, a fresh proclamation shall be issued in the form prescribed for the original sale. 187 Stoppage of the sale.-If the defaulter pays the arrears in respect of which the property is to be sold together with the cost of the process at any time before the date fixed for the sale, the officer conducting the sale shall stop such sale. 188 Prohibition to bid. - (1) No officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, directly or indirectly, bid for or acquire or attempt to acquire the property sold or any interest therein. (2) Where no bid is offered up to the amount for which the sale has been ordered, the Collector may order for bid up to the amount of such arrears. 189 Deposit by purchaser and re-sale on default.-(1) The person declared to 87 be the purchaser shall be required to deposit immediately twenty-five per cent of the amount of his bid, and in default of such deposit, the property shall be forthwith re-sold, and such person shall be liable for the expenses incurred on the first sale and any deficiency in price occurring on re-sale, and the same may be recovered from him by the Collector as if the same were an arrear of land revenue. (2) A deposit under sub-section (1) may be made either in cash or by a demand draft (issued by a scheduled bank) or partly in cash and partly by such draft. Explanation. - For the purposes of this section, the expression ‘demand draft’ includes a banker’s cheque. 190 Deposit of purchase money.- The balance amount of the purchase money shall be paid by the purchaser on or before the fifteenth day from the date of the sale in the office of the Collector or at the district treasury or sub-treasury, and in case of default- (a) the property shall be re-sold; and (b) the deposit made under section 189 shall be forfeited to the State Government. 191 Auction sale of land held by Scheduled Caste or Scheduled Tribe.- Where the right, title or interest of a person belonging to a scheduled caste or scheduled tribe in any land is sold by public auction under or in accordance with the provisions of this Code, and any other person belonging to such caste or tribe pays an amount equal to the amount of the highest bid and a sum equal to one percent amount of the purchase money for payment to the purchaser, within a period of thirty days from the date of such auction, then, notwithstanding anything contained in any other provision of this Code or any other law for the time being in force, the person so offering the amount shall be entitled to preference in the matter of sale over and above any person not belonging to such caste or tribe: Provided that if there are more persons than one making such deposit, bids shall be called from them on the spot, and the highest bidder shall be entitled to such preference. Provided further that where the auction sale in favour of highest bidder is 90 (2) The certificate, duly signed and sealed by the Collector shall be deemed to be a valid transfer of the property specified therein, and it need not be registered as a conveyance, except as provided in section 89 of the Registration Act, 1908. (3) The property specified in the certificate shall be deemed to have vested in the purchaser on the date when it was sold, and not on the date when the sale was confirmed. 199 Certified purchaser to be put in possession. - (1) The Collector shall put the person declared to be the purchaser of such property into possession, and for that purpose, he may use or cause to be used such force as may be necessary. (2) Nothing in this section shall authorise the Collector to remove from the possession of any property any person whom the defaulter had, before the issue of process, no present right to remove. 200 Application of sale proceeds.- Where the sale of a property has been confirmed under section 194, the proceeds of the sale shall be utilised in the following order- (a) for meeting the cost of the process and the collection charges, if any; (b) for payment of the arrears for the recovery whereof the property was sold; (c) the balance, if any, shall be paid to the defaulter. 201 Summary ejectment of unauthorized occupants.- Any person taking or retaining possession of any land or other property attached, leased or sold under this Chapter otherwise than in accordance with the provisions of said Chapter may be summarily ejected by the Collector who may use or cause to be used such force as may be necessary. 202 Bar of suits. - Subject to the provisions of section 203, no suit or other proceedings shall lie in any Civil Court in respect of any assessment or collection of land revenue or the recovery of any sum recoverable as an arrear of land revenue. 203 Payment before suit. - Whenever proceedings are taken under this Chapter against any person for the recovery of any arrear of land revenue, he may pay the amount claimed to the recovery officer, and upon such payment the proceedings shall be stayed, and the person against whom such proceedings were taken may, notwithstanding anything contained in any other provisions of this Code, sue the 91 State Government in the Civil Court for the recovery of amount so paid. 204 Other payments not to be a valid discharge. - No payment on account of rent or other dues in respect of any land attached under this Chapter, made after such attachment, by the asami or any other person in possession thereof to any person other than the revenue officer authorized in this behalf, shall operate as valid discharge. 205 Applicability of the Chapter.- The provisions of this Chapter shall apply to the recovery of all arrears of land revenue and all other sums recoverable as an arrear of land revenue whether due before or after the commencement of this Code. 206 CHAPTER XIII JURISDICTION AND PROCEDURE OF REVENUE COURTS Jurisdiction of civil Courts and revenue courts. - (1) Notwithstanding anything contained in any law for the time being in force, but subject to the provisions of this Code, no Civil Court shall entertain any suit, application or proceeding to obtain a decision or order on any matter which the State Government, the Board, any Revenue Court or revenue Officer is, by or under this Code, empowered to determine, decide or dispose of. (2) Without prejudice to the generality of the provisions of sub-section (1), and save as otherwise expressly provided by or under this Code- (a) no Civil Court shall exercise jurisdiction over any of the matters specified in the Second Schedule; and (b) no Court other than the revenue Court or the revenue officer specified in column 3 of the Third Schedule shall entertain any suit, application or proceeding specified in column 2 thereof. (3) Notwithstanding anything contained in this Code, an objection that a Court or officer mentioned in sub-section (2)(b) had or had no jurisdiction with respect to any suit, application or proceeding, shall not be entertained by any appellate, revisional or executing Court, unless the objection was taken before the Court or officer of the first instance, at the earliest opportunity, and in all cases where issues 92 are settled at or before such settlement, and unless there has been a consequent failure of justice. 207 First appeal. - (1) Any party aggrieved by a final order or decree passed in any suit, application or proceeding specified in column 2 of the Third Schedule, may prefer a first appeal to the court or officer specified against it in column 4, where such order or decree was passed by a Court or officer specified against it in column 3 thereof. (2) A first appeal shall also lie against an order of nature specified- (a) in section 47 of the Code of Civil Procedure, 1908; or (b) in section 104 of the said Code; or (c) in Order XLIII, Rule 1 of the First Schedule to the said Code. (3) The period of limitation for filing a first appeal under this section shall be thirty days from the date of the order or decree appealed against. 208 Second Appeal.- (1) Where in any suit, application or proceeding specified in column 2 of the Third Schedule, any final order or decree is passed in any first appeal filed under section 207, and any party to such appeal is aggrieved by it, such party may prefer a second appeal to the Court specified against it column 5. (2) The Appellate Court shall not entertain a second appeal unless it is satisfied that the case involves a substantial question of law. (3) The period of limitation for filing a second appeal under this section shall be ninety days from the date of the order or decree appealed against. 209 Bar against certain appeals.- Notwithstanding anything contained in sections 207 and 208, no appeal shall lie against any order or decree- (a) made under Chapter XI of this Code; (b) granting or rejecting an application for condonation of delay under section 5 of Limitation Act, 1963; (c) rejecting an application for revision; 95 be made a party to any suit instituted by or against the Gram Panchayat or local authority under this Code. 214 Applicability of Code of Civil Procedure, 1908 and Limitation Act, 1963.- Unless otherwise expressly provided by or under this Code, the provisions of the Code of Civil Procedure, 1908 and the Limitation Act, 1963 shall apply to every suit, application or proceedings under this Code. 215 Orders not to be invalid on account of irregularity in procedure. - No order passed by a revenue officer shall be reversed or altered in appeal or revision on account merely of any error, omission or irregularity in the summons, notice, proclamation, warrant or order or other proceedings before or during any inquiry or other proceedings under this Code, unless such error, omission or irregularity has in fact occasioned a failure of justice. 216 Service of notice.- Any notice or other document required or authorized to be served under this Code may be served either:- (a) by delivering it to the person on whom it is to be served; or (b) by registered post addressed to that person at his usual or last known place of abode; or (c) in case of an incorporated company or body, by delivering it or sending it by registered post addressed to the secretary or other principal functionary of the company or body at its principal office; or (d) in any other manner laid down in this Code of Civil Procedure, 1908 for service of summons. 217 Revenue Courts to have no power to adjudicate upon the validity of enactment. - Notwithstanding anything contained in the provisions of this Code, the Board or any other Revenue Court shall have no jurisdiction in respect of a matter which involves a question as to the validity of the provisions of this Code or any other law for the time being in force or any rule or notification made or issued there under. CHAPTER XIV 96 218 MISCELLANEOUS Power to exempt from the provisions of the Code.-The State Government may, by notification, exempt any land owned by it or by the Central Government or by any local authority from the application of all or any of the provisions of this Code, and may likewise cancel or modify any such notification. 219 Delegation.- The State Government may, by notification, delegate to the Board or any other officer or authority subordinate to it, any of the powers conferred on it by this Code, other than the power to make rules, to be exercised subject to such restrictions and conditions as may be specified in the notification. 220 Power to enter upon land.-Subject to such conditions or restrictions that may be prescribed, any officer appointed under this Code may enter at any time upon any land with such public servants as he considers necessary, for carrying out any of his duties under this Code, or any other law for the time being in force. 221 Right to inspect and obtain copies.-All documents, statements, records and registers prepared or maintained under this Code or the rules framed thereunder shall be open to inspection during such hours and subject to such conditions and on payment of such fees as may be prescribed, and any person shall on payment of the prescribed fee, be entitled to obtain the certified copy of the such document or any portion of any such document, statement, record or register. 222 Computation of areas in certain districts.- For the purposes of computing the area fixed under any of the provisions of this Code, one and a half hectares of land shall count as one hectare in the following area :- (a) Jhansi division and Chitrakoot division; (b) trans-Jamuna portions of Allahabad, Etawah, Agra and Mathura districts; (c) District Sonbhadra; (d) Tappa Upraudh and Tappa Chaurasi (Balai Pahar) of tahsil Sadar in district Mirzapur; and (e) Pargana Sakteshgarh and the villages mentioned in the Fourth Schedule in 97 hilly pattis of parganas Ahraura and Bhagwat of tahsil Chunar and pargana Bhagwat of tahsil Madihan of Mirzapur district. 223 Mode of recovery of fines etc. - Any fee, fine, cost, expense, penalty or compensation payable to or recoverable by the State Government, a Gram Panchayat or other local authority under this Code or any other law for the time being in force may, without prejudice to any other mode of recovery, be realised as if it were an arrear of land revenue. 224 Power to call for statement.-(1) Where any revenue officer considers it necessary for the enforcement of the provisions of this Code, it may call upon any tenure holder or any person in possession of any land to furnish within such time as may be specified, a statement containing the nature and extent of his interest in the land held or possessed by him as well as by members of his family. (2) The tenure holder or other person referred to in sub-section (1) may also be called upon to disclose the name and address of any other person possessing any interest in such land including the nature and extent of such interest. 225 Protection of action taken in good faith. - (1) No officer or servant of the State Government shall be liable in any civil or criminal proceeding in respect of any act done or purporting to be done under this Code or any rules made there under, if the act was done in good faith and in the course of execution of the duties or the discharge of functions imposed by or under this Code. (2) No suit or other proceeding shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions of this Code or by anything done or intended to be done in good faith in pursuance of the provisions of this Code or any rules made there under. 225-A Determination of questions in summary proceeding.-Notwithstanding anything contained in other provisions of this Code, all the questions arising for determination in any summary proceeding under this Code shall be decided upon affidavits, in the manner prescribed: Provided that if Revenue Court or Revenue Officer is satisfied that the cross