29.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
(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 (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.
(2) Any person aggrieved by an order of the Tahsildar under sub-section (1) may prefer an appeal to the Sub-Divisional Officer within a period of thirty days from the date of such order.
36. Intimation of transfer and deposit of land revenue.-
(1) Notwithstanding anything contained in section 34, where any document purporting to create, assign or extinguish any title to or any charge on land or in respect of which a record of rights (Khatauni) is prepared, is registered under 19 the Registration Act, 1908 the registering authority shall send intimation to the Tahsildar within whose jurisdiction such land is situate in such form and within such time, as may be prescribed.
(2) Notwithstanding anything contained in this Chapter, no order for correction of records under section 32 and no order for recording succession under section 33 and no amendment of record of rights (khatauni) under section 35 and no correction under section 38 shall be recorded, unless the amount of land revenue due up-todate in respect of the land to which such order relates has been deposited.
37. Bar against certain suits.-
No suit or other proceeding shall lie in any revenue court at the instance of any person obtaining possession of any land by succession or transfer, until he has made a report under section 33 or section 34, as the case may be.
38. Correction of error and omission.-
(1) An application for correction of any error or omission in the map, filed-book (Khasra) or record of rights (Khatauni) shall be made to the Tahsildar in the manner prescribed.
(2) On receiving an application under sub-section (1) or on any error or omission otherwise coming to his knowledge, the Tahsildar shall make such inquiry as may appear to him to be necessary, and refer the case along with his report to the Collector in the case of map correction and the Sub-Divisional Officer in matter of other correction.
(3) The case shall be decided by the Collector or the Sub-Divisional Officer, as the case may be, after considering any objection filed and evidence produced before him or before the Tahsildar.
(4) Any person aggrieved by an order of the Collector or the Sub-Divisional Officer, as the case may be, under sub-section (3), may prefer an appeal to the Commissioner within a period of thirty days from the date of such order, and the decision of the Commissioner shall, [‘subject to the provisions of section 210], be final.
(5) Any forged or manipulated entry in the map, the khasra or the record of rights (khatauni) may be expunged under this section.
(6) Notwithstanding anything contained in other provisions of this Code, the Revenue Inspector may correct any undisputed error or omission in the record of rights (khatauni) or khasra in such manner and after making such inquiry, as may be prescribed.
Explanation. -
The power to correct any error or omission under this section shall not be construed to include the power to decide a dispute involving question of title.
1. Subs. by U.P. Act No. 7 of 2019, sec 3
39. Certain orders of revenue officers not to debar a suit.-
No order passed by a Revenue Inspector under section 33, or by a Tahsildar under sub-section (1) of section 35 or by a Sub Divisional Officer under sub-section (3) of section 38 or by a Commissioner under sub-section (4) of section 38 shall debar any person from establishing his rights to the land by means of a suit
40. Presumption as to entries.-
All entries in the record of rights (Khatauni) prepared in accordance with the provisions of this Code shall be presumed to be true, until the contrary is proved.
41. Kisan Bahi. -
(1) Every time when a record of rights (Khatauni) is prepared under this Chapter, the Collector shall as soon as may be, cause to be supplied to every tenure-holder, a Kisan Bahi containing such particulars as may be prescribed.
(2) The Kisan Bahi shall be a consolidated pass-book for all the holdings held by a tenure-holder in the district.
(3) In the case of a joint holding, it shall be sufficient for the purpose of this section if Kisan Bahi is supplied only to such one or more of the recorded co-tenure holders as may apply for it.
(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.