157. Class of tenure.—
There shall be only one class of tenure-holders of lands held from the State to be known as Bhumiswami.
158. Bhumiswami.—
(1) Every person who at the time of coming into force of this Code, belongs to any of the following classes shall be called a Bhumiswami and shall have all the rights and be subject to all the liabilities conferred or imposed upon a Bhumiswami by or under this Code, namely :—
(a) every person in respect of land held by him in the Mahakoshal region in Bhumiswami or Bhumidhari rights in accordance with the provisions of the Madhya Pradesh Land Revenue Code, 1954 (II of 1955);
(b) every person in respect of land held by him in the Madhya Bharat region as a Pakka tenant or as a Muafidar, Inamdar or Concessional holder, as defined in the Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (66 of 1950);
(c) every person in respect of land held by him in the Bhopal region as an occupant as defined in the Bhopal State Land Revenue Act, 1932 (IV of 1932);
(d) (i) every person in respect of land held by him in the Vindhya Pradesh region as a pachapan paintalis tenant, pattedar tenant, a grove holder or as a holder of tank as defined in the Vindhya Pradesh Land Revenue and Tenancy Act, 1953 (III of 1955);
(ii) every person in respect of land (other than land which is a grover or tank or which has been acquired or which is required for Government or public purposes) held by him in the Vindhya Pradesh region as a gair haqdar tenant and in respect of which he is entitled to a patta in accordance with the provisions of sub-section (4) of Section 57 of the Rewa State Land Revenue and Tenancy Code, 1935,
(iii) every person in respect of land held by him as a tenant in the Vindhya Pradesh region and in respect of which he is entitled to a patta in accordance with the provisions of sub¬sections (2) and (3) of Section 151 of the Vindhya Pradesh Land Revenue and Tenancy Act, 1953 (III of 1955), but has omitted to obtain such patta before the coming into force of this Code.
(e) every person in respect of land held by him in Sironj region as a khatedar tenant or as a grove holder as defined in the Rajasthan Tenancy Act, 1955 (3 of 1955).
(2) A Ruler of an Indian State forming part of the State of Chhattisgarh who, at the time of coming into force of this Code, was holding land or was entitled to hold land as such Ruler by virtue of the covenant or agreement entered into by him before the commencement of the Constitution, shall, as from the date of coming into force of this Code, be a Bhumiswami of such land under the Code and shall be subject to all the rights and liabilities conferred and imposed upon a Bhumiswami by or under this Code.
(3) Every person—
(i) who is holding land in Bhoomiswami right by virtue of a lease granted to him by the State Government or the Collector or the Allotment Officer on or before the commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 1992 from the date of such commencement, and
(ii) to whom land is allotted in Bhoomiswami right by the State Government or the Collector or the Allotment Officer after the commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 1992 from the date of such allotment,
shall be deemed to be a Bhoomiswami in respect of such land and shall be subject to all the rights’ and liabilities conferred and imposed upon a Bhoomiswami by or under this Code :
Provided that no such person shall transfer such land within a period of ten years from the date of lease or allotment.
1[(4) Every person, who is holding land by virtue of a lease granted to him by the State Government or the Collector or the Allotment Officer, on the date of completion of 20 years since the date of such allotment, shall be deemed to be a Bhoomiswami in respect of such land and shall be subject to all the rights and liabilities conferred and imposed upon a Bhoomiswami by or under this Code.]
(1. Inserted by C.G. Act No. 15 of 2022, w.e.f. 7-10-2022.)
Explanation—In this section, the expression "Ruler" and "Indian State" shall have the same meanings as are assigned to these expressions in clauses (22) and (15) respectively by Article 366 of the Constitution of India.
159. Land revenue payable by Bhumiswamis.—
Every person becoming a Bhumiswami under Section 158 shall pay as land revenue
(a) if he was paying land revenue in respect of the lands held by him such land revenue; or
(b) if he was paying rent in respect of the lands held by him an amount equal to such rent.
160. Revocation of exemption from liability for land revenue.—
(1) Every Muafi or Inam land, wherever situate, which was heretofore exempted from payment of the whole or part of the land revenue by a special g^ant from the Government or under the provisions of any law for the time being in force or in pursuance of any other instrument shall, notwithstanding anything contained in any ,such grant, law or instrument be liable from the commencement of the revenue year next following the coming into force of this Code, to the payment of full land revenue assessable thereon.
(2) Where any such Muafi or Inam land is held for the maintenance or upkeep of any public religious or charitable institution, the State Government may, on the application of such institution, in the prescribed form and made within such time as may be prescribed grant to it such annuity not exceeding the amount of the exemption from land revenue enjoyed by it, as may be considered reasonable for the proper maintenance or upkeep of such institution or for the continuance of service rendered by it.
(3) The annuity granted under sub-section (2) shall be subject to such conditions as may be prescribed and may from time to time be revised or withdrawn by the State Government.
(4) Where an application is made under sub-section (2), the recovery of land revenue from the institution concerned shall be stayed until the decision of the application.
161. Reduction of revenue during the currency of l[land revenue assessment].—
(1) At any time during the currency of the i[land revenue assessment] the Collector may, in accordance with such rules as may be made in this behalf, on the application of a Bhumiswami or of his own motion reduce the revenue in respect of any land on any of the following grounds, namely :
(i) that the land has been wholly or partially rendered unfit for cultivation in consequence of floods or other cause beyond the control of such Bhumiswami;
(ii) that any irrigation source, whether new or old, constructed and maintained at the cost of the State has fallen into disrepair and has ceased to irrigate the whole or any part of his holding to which an enhanced rate of revenue has been applied on account of irrigation;
(iii) that any private irrigation source has for any cause beyond the control Bhumiswami, ceased to irrigate the whole or any part of the holding which has been assessed to enhanced land revenue on account of irrigation;
(iv) that the revenue payable by the Bhumiswami in respect of the land is more than the revenue calculated at the rate fixed at the last i[land revenue assessment] or under any other law for such land;
(v) that the area of the holding of such Bhumiswami has decreased for any reason below the area on which the existing land revenue was assessed.
(2) Where any reduction is ordered under sub-section (1), such reduction shall take effect from the commencement of the revenue year next following the date of the order.
(3) If the cause for which revenue has been reduced under sub-section (1) subsequently ceases or is removed, the Collector may, after giving the Bhumiswami a reasonable opportunity of being heard, make an order directing that such reduction shall cease to be in force and on such order being passed, the reduction shall stand revoked from the commencement of the revenue year next following the date of the order.
(1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the word "settlement". )
162. [***]
163. Pending applications for conferral of Bhumiswami rights.—
All applications by Bhumidharis for conferral of Bhumiswami rights pending before any revenue court in the Mahakoshal region immediately before the coming into force of this Code whether in appeal, revision, review or otherwise, shall be filed and the amount, if any, deposited by such Bhumidharis shall be refunded to them.
164. Devolution.—
Subject to his personal law the interest of Bhumiswami shall, on his death, pass by inheritance, survivorship or bequest, as the case may be.
165.Rights of transfer.—
(1) Subject to the other provisions of this section and the provision of 1[Section 158 and] Section 168 a Bhumiswami may transfer any interest in his land.
(1. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
(2) Notwithstanding anything contained in sub-section (1)—
(a) no mortgage of any land by a Bhumiswami shall hereafter be valid unless atleast five acres of irrigated or ten acres of unirrigated land is left with him free from any encumbrance or charge;
(b) subject to the provisions of clause (a), no usufructuary mortgage of any land by a Bhumiswami shall hereafter be valid if it is for a period exceeding six years and unless it is a condition of the mortgage that on the expiry of the period mentioned in the mortgage deed, the mortgage shall be deemed, without any payment whatsoever by the Bhumiswami to have been redeemed in full and the mortgagee shall forthwith re-deliver possession of the mortgaged land to the Bhumiswami;
(c) if any mortgagee in possession of the land mortgaged does not hand over possession of land after the expiry of the period of the mortgage or six years whichever expires first the mortgagee shall be liable to ejectment by the orders of the Tahsildar as trespasser and the mortgagor shall be placed in possession of the land by the Tahsildar:
Provided that nothing in this sub-section shall apply in the case of a mortgage of any land held by a Bhumiswami for non-agricultural purpose.
(3) Where a Bhumiswami effects a mortgage other than, a usufructuary mortgage of his land pursuance of the provisions of sub-section (2), then notwithstanding anything contained in the mortgage deed, the total amount of interest accruing under the mortgage shall not exceed half the sum of the principal amount advanced by the mortgagee.
(4) Notwithstanding anything contained in sub-section (1), no Bhumiswami shall have the right to transfer any land—
(a) in favour of any person who shall as a result of the transfer become entitled to land which together with the land, if any, held by himself or by his family will in the aggregate exceed such ceiling limits as may be prescribed;
(b)..........
Provided that—
(i) nothing in this sub-section shall apply—
(a) (i) in the case of transfer in favour of an institution established
for a public, religious or charitable purpose or a transfer for industrial purpose or a transfer by way of mortgage;
(ii) in the case of transfer in favour of co-operative society for industrial purpose or a transfer by way of mortgage subject, however, to the condition that no mortgage for agricultural purposes shall authorise sale for recovery of an advance in contravention of clause (b) of Section 147;
(b) in the case of a transfer of land held for non-agricultural purposes;
(ii).............
Provided further that the transfer of land under sub-clause (a) of clause (i) of the preceding proviso for an industrial purpose shall be subject to the following conditions, namely:—
(i) if such land is to be diverted to a non-agricultural purpose, the permission of the Sub-Divisional Officer under Section 172 for such diversion is obtained prior to such transfer; and
(ii) the provisions of Section 172 shall apply to such transfer with the modification that the period of three months and six months mentioned in the proviso to sub-section (1) thereof shall, for the purposes of an application for such diversion, be forty-five days and ninety days, respectively;
1[(iii) There shall not be further transfer of land transferred for industrial purpose.]
(1.Inserted by C.G. Act No. 18 of 2015, w.e.f. 29-4-2015.)
Explanation.—
For the purposes of this sub-section, a person's fanuly shall consist of the person himself, the minor children and the spouse of such person living jointly with him and if such person is a minor then his parents living jointly with him.
2[(4-A)
(2. Inserted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.)
(3. Omitted by C.G. Act No.6 of 2022, w.e.f. 4-5-2022. Prior to omission sub-ection (4-A) stood as under:-
(i) Notwithstanding anything contained in sub-section (1), Bhumi-swami shall not transfer his land held for agriculture to any person who is not a bonafide agriculturist.
Explanation.-
For the purpose of this sub-section, the expression "transfer" shall not include the following, namely:-
(a) transfer by way of inheritance;
(b) transfer to legal heirs by way of will;
(c) land acquisition in public interest;
(d) transfer to or for any religious or charitable purpose, for trust, health, culture purpose, education institutions;
(e) transfer to department of State Government and Central Government, Units Corporations and Companies, which are undertaking of the Government;
(f) land purchased by such person, who became landless due to land acquisition in public interest; or
(g) with the permission of the collector, for any person and to the extent as may be prescribed by the Government in this behalf.
(ii) The State Government may, by notification, make rules for carrying out the provisions of this sub-section.".)
(5) Notwithstanding anything to the contrary in any other enactment for the time being in force, no land of a Bhumiswami shall, in execution of a decree or order of a court, be sold to any person who as a result of such sale shall become entitled to land which together with the land, if any, held by himself or by his family will in the aggregate exceed such ceiling limits as may be prescribed :
Provided that nothing in this sub-section shall apply in the case of a co¬operative society where any land is to be sold in execution of a decree or order passed in favour of such society after exhausting the procedure prescribed in Section 154-A.
Explanation.—
For the purposes of this sub-section, the expression "a person's family" shall have the same meaning as assigned to it in sub-section (4).
(6) Notwithstanding anything contained in sub-section (1) the right of Bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe by the State Government by a notification in that behalf, for the whole or part of the area to which this Code applies shall—
(i) in such areas as are predominately inhabited by aboriginal tribes and from such date as the State Government may, by notification, specify, not be transferred nor it shall be transferable either by way of sale or otherwise or as a consequence of transaction of loan to a person not belonging to such tribe in the area specified in the notification;
(ii) in areas other than those specified in the notification under clause (i), not to be transferred or be transferable either by way of sale or otherwise or as a consequence of transaction of loan to a person not belonging to such tribe without the permission of a Revenue Officer not below the rank of Collector, given for reasons to be recorded in writing 1[:]
(1. Substituted by C.G. Act No. 15 of 2014, w.e.f. 23-8-2014; for)
2[Provided that the provisions of this sub-section shall not be applicable to the land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013).]
(2. Inserted by C.G. Act No. 15 of 2014, w.e.f. 23-8-2014.)
Explanation.—
For the purposes of this sub-section the expression "otherwise" shall not include lease.
3[(6-a) Notwithstanding anything contained in sub-section (1), the right of a Bhumiswami other than a Bhoomiswami belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6), in the land excluding the agricultural land shall not be transferred or be transferable either by way of sale or otherwise or as a consequence of transaction of loan to a person not belonging to aboriginal tribe without the permission of the Collector given for reasons to be recorded in writing:
(3. Applicable to the Scheduled Areas of the State.)
Provided that every such transfer effected after the 9th day of June, 1980 but before the 20th April, 1981 which is not in accordance with the provisions herein contained shall unless such transfer is ratified by the Collector in accordance with the provisions hereinafter contained, be void and shall be of no effect whatsoever, notwithstanding anything contained in this Code or any other law for the time being in force.]
1[(6-b) Notwithstanding anything contained in the Limitation Act, 1963 (No. 36 of 1963), the Collector may on his own motion at any time or on an application made in this behalf within three years of such transaction in such from as may be prescribed, make an enquiry as he may deem fit, and may, after giving a reasonable opportunity of being heard to the persons affected by the transfer, pass an order ratifying the transfer or refusing to ratify the transfer.]
(1. Applicable to the Scheduled Areas of the State.)
1[(6-c) The Collector shall in passing an order under sub-section (6-a) granting or refusing to grant permission or under sub-section (6-b) ratifying or refusing to ratify the transaction shall have due regard to the following:—
(i) whether or not the person to whom land is being transferred is a resident of the Scheduled Area;
(ii) the purpose to which land shall be or is likely to be used after the transfer;
(iii) whether the transfer serves, or is likely to serve or prejudice the social, cultural and economic interest of the residents of the Scheduled Area;
(iv) whether the consideration paid is adequate;
(v) whether the transaction is spurious, fictious or benami; and
(vi) such other matters as may be prescribed.
The decision of the Collector granting or refusing to grant the permission under sub-section (6-a) or ratifying or refusing to ratify the transaction of transfer under sub-section (6-b), shall be final, notwithstanding anything to the contrary contained in this Code.
(1. Applicable to the Scheduled Areas of the State.)
Explanation.—
For the purpose of this sub-section,—
(a) "Scheduled Area" means any area declared to be a Scheduled Area within the State of Chhattisgarh under paragraph 6 of the Fifth Schedule to the Constitution of India;
(b) the burden of proving that the transfer was not spurious, fictitious or benami shall lie on the person who claims such transfer to be valid.]
1[(6-d) On refusal to grant the permission under sub-section (6-a) or ratification under sub-section (6-b), the transferee, if in possession of the land shall vacate the possession forthwith and restore the possession thereof to the original Bhumiswami.]
(1. Applicable to the Scheduled Areas of the State.)
1[(6-e) If the Bhumiswami for any reason whatsoever fails or is unable to take possession of the land of which the right of possession stands restored to him under sub-section (6-d), the Collector shall cause the possession of land to be taken and cause the land to be managed on behalf of the Bhumiswami subject to such terms and conditions as may be prescribed till such time as the original Bhumiswami enters upon his land :
Provided that if any resistance is offered in restoring possession, the Collector shall use or cause to be used such force as may be necessary.]
(1. Applicable to the Scheduled Areas of the State.)
(6-ee) 2[* * *] (2. Omitted by C.G. Act No. 8 of 2006, w.e.f. 25-1-2006.)
1[(6-f) The provisions of sub-section (6-a) to (6-ee) shall have effect, notwithstanding anything to the contrary contained in this Code or any other law for the time being in force.]
(1. Applicable to the Scheduled Areas of the State.)
(7) Notwithstanding anything contained in sub-section (1) or in any other law for the time being in force—
(a) where the area of land comprised in a holding or if there be more than one holding the aggregate area of all holdings of a Bhumiswami is in excess of five acres of irrigated or ten acres of unirrigated land, then only so much area of land in his holding or holdings shall be liable to attachment or sale in execution of any decree or order as is in excess of five acres of irrigated or ten acres of unirrigated land;
(b) no land comprised in a holding of a Bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe under sub¬section (6) shall be liable to be attached or sold in execution of any decree or order;
(c) no receiver shall be appointed to manage the land of a Bhumiswami under Section 51 of the Code of Civil Procedure, 1908 (V of 1908) nor shall any such land vest in the court or any receiver under the Provincial Insolvency Act, 1920 (V of 1920), contrary to the provisions of clause (a) or clause (b):
Provided that nothing in this sub-section shall apply where a charge has been created on the-land by a mortgage.
(7-a) Notwithstanding anything contained in sub-section (1), no Bhoomiswami specified in Section 33 of the Chhattisgarh Bhoodan Yagna Adhiniyam, 1968 (No. 28 of 1968) shall have the right to transfer any interest in his land specified in the said section without the permission of the Collector.
(7-b) Notwithstanding anything contained in sub-section (1), a person who holds land from the State Government or a person who holds land in Bhoomiswami rights under sub-section (3) of Section 158 or whom right to occupy land is granted by the State Government or the Collector as a Government lessee and who subsequently becomes Bhoomiswami of such land, shall not transfer such land without the permission of a revenue officer, not below the rank of a Collector, given for reasons to be recorded in writing.
(8) Nothing in this section shall prevent a Bhumiswami from transferring any right in his land to secure payment of, or shall affect the right of the State Government to sell such right for the recovery of an advance made to him under the Land Improvement Loans Act, 1883 (XIX of 1883) or the Agriculturists Loans Act, 1884 (XH of 1884).
(9) Nothing in this section shall—
(i) prevent a Bhoomiswami from transferring any right in his land by way of mortgage to secure payment of an advance made to him by co-operative society subject to the condition that the land shall not be sold to secure recovery, without exhausting the procedure prescribed in Section 154-A; or
(ii) affect the right of any such society to secure recovery of an advance made to him, in accordance with the provisions of Section 154-A.
(9-a) Nothing in this section shall prevent a Bhumiswami who is a displaced person from transferring any right in his land to secure payment of an advance made to him by the Dandakaranya Development Authority or shall affect the right of that Authority to sell such right for the recovery of such advance.
Explanation.—
In this sub-section "displaced person" means a person displaced from the territories now comprised in East Pakistan who is resettled in •Madhya Pradesh on or after the 1st day of April, 1957, under any scheme of resettlement of displaced persons sanctioned by the Central Government or the State Government.
(9-b) Nothing in this section shall prevent a Bhumiswami from transferring any right in his land to secure payment of an advance made to him by a Commercial Bank for purpose of agriculture or improvement of holding or shall affect the right of any such Bank to sell such right for the recovery of such advance.
(10) Notwithstanding anything contained in the Indian Registrations Act, 1908 (XVI of 1908), no officer empowered to register documents thereunder shall admit to registration any document which purports to contravene the provisions of this section.
(11) Nothing in this section shall—
(a) invalidate any transfer which was validly made; or
(b) validate any transfer which was invalidly made;
before the coming into force of this Code.
Explanation.—
For purposes of this section one acre of irrigated land shall be deemed to be equal to two acres of unirrigated land and vice-versa.
166. Forfeiture in cases of certain transfers.—
(1) If a transfer of land is made in contravention of the provisions of clause (a) of sub-section (4) of Section 165 so much of the land as is in excess of the prescribed ceiling limit with the transferee shall, after its selection by the transferee within the prescribed period and demarcation by a Sub-Divisional Officer in accordance with such rules as may be made in that behalf, stand forfeited to the State Government:
Provided that if the transferee fails to make the selection within the prescribed period such selection shall be made by the Sub-Divisional Officer.
(2) [* * *]
(3) The Sub-Divisional Officer shall in the cases referred to in sub-sections (1) and'(2) fix the land revenue in the prescribed manner in respect of the land left with the transferee.
167. Exchange of land.—
Subject to the provisions of Section 165 Bhumiswami may exchange by mutual agreement the whole or any part of their holding for purposes of consolidation of holdings or securing greater convenience in cultivation.
168. Leases.—
(1) Except in-cases provided for in sub-section (2), no Bhumiswami shall lease and land comprised in his holding for more than one year during any consecutive period of the three years :
Provided that nothing in this sub-section shall apply to the lease of any land— x
(i) made by Bhumiswami who is a member of a registered Co¬operative Farming Society to such Society;
(ii) held by a Bhumiswami for non-agricultural purposes.
Explanation.—
For the purposes of this section—
(a) "lease" means a transfer of a right to enjoy any land, made for a certain time, expressed or implied in consideration of a price paid or promised or of money or any other thing of value to be given periodically to the transferer by the transferee who accepts the transfer on such terms;
(b) any arrangement whereby a person cultivates any land of a Bhumiswami with bullocks belonging to or procured by such person (lessee) and on condition of his giving a specified-share of the produce of the land to the Bhumiswami shall be deemed to be a lease;
(c) the grant of a right merely to cut grass or to graze cattle or to grow 'Singhara' or to propagate or collect lac, pluck or collect tendu leaves shall not be deemed to be a lease of the land.
(2) A Bhumiswami who is—
(i) a widow; or
(ii) an unmarried woman; or
(iii) a married woman who has been deserted by her husband; or
(iv) a minor; or
(v) a person subject to physical or mental disability due to old age or otherwise; or
(vi) a person detained or imprisoned under any process of law; or
(vii) a person in the service of Armed Forces of the Union; or
(viii) a public, charitable or religious institution; or
(ix) a local authority or a Co-operative Society;
may lease the whole or any part of his holding :
Provided that where a holding is held jointly by more than one person the provisions of this sub-section shall not be applicable unless all such persons belong to any one or more of the classes aforesaid :
Provided further that any lease made in pursuance of this sub-section shall cease to be in force after one year of the determination of the disability by death or otherwise.
(3) [* * *]
(4) Where a lease is granted in pursuance of sub-section (2) the lessee shall hold the land on such terms and conditions as may be agreed upon between him and the Bhumiswami and may be ejected by an order of a Sub-Divisional Officer, on the application of the Bhumiswami on the ground of contravention of any material term or condition of the lease or on the lease ceasing to be in force.
(5) Where on the coming into force of this Code any land is held on lease from a Bhumiswami who belongs to any one or more of the classes mentioned in sub-section (2), shall lease shall, on the coming into force of this Code, be deemed to be a lease granted in pursuance of sub-section (2).
1[(6; Against persons found guilty of contravention of Section 168, the Sub- Divisional Officer, as he thinks fit, may impose a fine not exceeding Twenty Five Thousand rupees per person.]
(1. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
169. Unauthorised lease etc—
If a Bhumiswami—
(i) leases out for any period any land comprised in his 'holding in contravention of Section 168; or
(ii) by an arrangement which is not a lease under sub-section (1) of Section 168 allows any person to cultivate any land comprised in his holding otherwise than as his hired labour and under that arrangement such person is allowed to be in possession of such land for a period exceeding two years without being evicted in accordance with Section 250;
the rights of an occupancy tenant shall,—
(a) in the case of (i) above, thereupon accrue to the lessee in such land; and
(b) in the case of (ii) above, on the expiration of a period of two years from the date of possession, accrue to such person in that land :
Provided that nothing in this section shall apply to a land comprised in the holding of a Bhumiswami belohging to a tribe which has been declared to be an aboriginal tribe under sub-section (6) of Section 165 and which is leased out by him or in respect of which he has made an arrangement as aforesaid, as the case may be.
170. Avoidance of transfer in contravention of Section 165.—
(1) Where possession is transferred by a Bhumiswami in pursuance of a transfer which is in contravention of sub-section (6) of Section 165 any person who, if he survived the Bhumiswami without nearer heirs would inherit the holding, may,—
(i) till the 31st December, 1978, in the case of transfer of possession prior to the 1st July, 1976; and
(ii) within twelve years of such transfer of possession, in subsequent cases,
apply to the Sub-Divisional Officer to be placed in possession subject so far as the Sub-Divisional Officer may, in accordance with the rules made in this behalf determine to his accepting of the liabilities for arrears of land revenue or any other due which form a charge on the holding, and the Sub-Divisional Officer shall dispose of such application in accordance with the procedure as may be prescribed.
(2) Where any land of Bhumiswami is sold in contravention of sub-section (5) of Section 165, the court by which such sale is ordered shall, on the application of the Bhumiswami or any person who, if he survived the Bhumiswami without nearer heirs would inherit the holding made within two years of such sale, set aside the sale and place the applicant in possession of the land subject to his accepting the liability for arrears of land revenue or any other dues which form a charge on the land.
170-A. Certain transfer to be set aside.—
(1) Notwithstanding anything contained in the Limitation Act, 1963 (No. 36 of 1963), the Sub-Divisional Officer may, on his own motion or on an application made by a . transferer of agricultural land belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6) of Section 165 on or before the 31st December, 1978 enquire into a transfer effected by way of sale, or in pursuance of a decree of a court of such land to a person not belonging to such tribe or transfer effected by way of accrual of right of occupancy tenant under Section 169 or of Bhumiswami under sub-section (2-A) of Section 190 at any time during the period commencing on the 2nd October, 1959 and ending on the date of commencement of tlie Madhya Pradesh Land Revenue Code (Third Amendment) Act, 1976 to satisfy himself as to the bona fide nature of such transfer.
(2) If the Sub-Divisional Officer on an enquiry and after giving a reasonable opportunity to the persons owning any interest in such land, is satisfied that such transfer was not bona fide, he may notwithstanding anything contained in this Code or any other enactment for the time being in force,—
(a) subject to the provisions of clause (b), set aside such transfer if made by a holder belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6) of Section 165 and restore the land to the transfer; or
1[(a) subject to the provisions of clause (b), set aside such transfer if made by a holder belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6) of Section 165 and restore the land to the transferor by putting him in possession of the land forthwith; or]
(1. Applicableto Scheduled Areas of the State.)
(b) where such land has been diverted for non-agricultural purposes, he shall fix the price of such land which it would have fetched at the time of transfer and order the transferee to pay the difference, if any, between the price so fixed and the price actually paid to the transferor within a period of six months.
Notes
Order passed by Revenue Court under Section 170-A, challenged before Civil Court, impleading X any Y as defendants. Although Civil Court had no jurisdiction to entertain such suit but order passed by Civil Court can be challenged by X and Y, in appeal. Tribhuwan Pandeya v. State of M.P. (now Chhattisgarh) and others, 2011(1) CG.L;R.W. 351.
Matters covered by Section 170-A come within jurisdiction of Revenue Court and jurisdiction of Civil Court in such matters is barred by Section 257. Section 170-A provides complete procedure of inquiry relating to transaction coming within its ambit, as such, jurisdiction of Civil Court is barred, if order is passed by Revenue Court after conducting inquiry in accordance with Section 170-A. Party aggrieved by order of Revenue Court has remedy of appeal under Section 44 and thereafter of Revision under Section 50. In case order is passed exparte, he has remedy under Section 35 and hence civil suit not maintainable. Tribhuwan Pandeya v. State of M.P. (now Chhattisgarh) and others, 2011(1) CG.L.R.W. 351.
170-B. Reversion of land of members of aboriginal tribe which was transferred by fraud.—
(1) Every person who on the date of commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 (hereinafter referred to .as the Amendment Act of 1980) is in possession of agricultural land which belonged to a member of a tribe which has been declared to be an aboriginal tribe under sub-section (6) of Section 165 between the period commencing on the 2nd October, 1959 and ending on the date of the commencement of Amendment Act, 1980 shall, within two years of such commencement, notify to the Sub-Divisional Officer in such form and in such manner as may be prescribed, all the information as to how he has come in possession of such land.
(2) If any person fails to notify the information as required by sub-section (1) within the period specified therein it shall be presumed that such person has been in possession of the agricultural land without any lawful authority and the agricultural land shall, on the expiration of the period aforesaid revert to the person to who it originally belonged and if that person be dead, to his legal heirs.
1(2-A) If a Gram Sabha in the Scheduled area referred to in clause (1) of Article 244 of the Constitution finds that any person, other than a member of an aboriginal tribe, is in possession of any land of a Bhumiswami belonging to an aboriginal tribe, without any lawful authority, it shall restore the possession of such land to that persons to whom it originally belonged and if that person is dead to his legal heirs :
(1. Applicable to Scheduled Areas of the State.)
Provided that if the Gram Sabha fails to restore the possession of such land, it shall refer the matter to the Sub-Divisional Officer, who shall restore the possession of such land within three months from the date of receipt of the reference.]
(3) On receipt of the information under sub-section (1), the Sub-Divisional Officer shall make such enquiry as may be deemed necessary about all such transactions of transfer and if he finds that the member of aboriginal tribe has been defrauded of his legitimate right he shall declare the transaction null and void and pass an order revesting the agricultural land in the transferer and, if he is dead, in his legal heirs.]
1[(3) On receipt of the information under sub-section (1) the Sub-Divisional Officer shall make such enquiry as may be necessary about all such transactions of transfer and if he finds that the member of aboriginal tribe has been defrauded of his legitimate right he shall declare the transaction null and void and—
(a) Where no building or structure has been erected on the agricultural land prior to such finding pass an order revesting the agricultural land in the transferer and if he be dead, in his legal heirs,
(b) Where any building or structure has been erected on the agricultural land prior to such finding, he shall fix the price of such land in accordance with the principles laid down for fixation of price of land in the 2[Right to Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013)] and order the person referred to in sub-section (1) to pay to the transferer the difference, if any, between the price so fixed and the price actually paid to the transferer :
Provided that where the building or structure has been erected after the 1st day of January, 1984 the provisions of clause (b) above shall not apply :
Provided further that fixation of price under clause (b) shall be with reference to the price on the date of registration of the case before the Sub- Divisional Officer.]
(1. Applicable to Scheduled Areas of the State.)
(2. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words and figures "Land Acquisition Act, 1894 (No. 1 of 1894)".)
Notes
Land of Tribal sold in recovery proceedings by recovery officer of co-operative society, as Tribal failed to repay loan obtained by him from co-operative society and purchaser of land was Non-Tnbal. Entire auction sale is violative of provisions of Section 165 (7) (b) and also of Section 41-A (5) of the Chhattisgarh Co-operative Societies Act, 1960. As such Section 170-B is attracted and direction for reverting land to Tribal is not illegal. Mere fact that petitioner purchased that land from auction purchaser, who was Mon-Tribal and also the fact that he has developed that land would not effect legal infirmity. Usha Mirani and another v. State of Chhattisgarh and others, 2011(1) CG.L.R.W. 66.
Agricultural land purchased by appellant from member, who was declared to be aboriginal tribe under Section 165(6)—sale deed was executed on 18-2-1972, i.e., prior to 10-10-1980—such transaction, unless notified by purchaser (appellant) to the Sub- Divisional Officer—shall be presumed to be illegal and possession of purchaser (appellant) will be treated to be unlawful—in application filed by seller, i.e., member of aboriginal tribe, under Section 170-B for declaration that sale deed is null and void— Revenue Court, rightly allowed that application^—civil suit filed by purchaser for declaration of his right and title—barred by Section 257(1)—remedy of purchaser lies under Section 44, i.e., appeal and thereafter under Section 50, i.e., revision—High Court after holding that civil suit filed by purchaser is barred by Section 257 (1), gave liberty to him for availing remedies under Sections 44 and 50 and directed concerned authorities to consider question of delay in light of pendency of civil suit and civil appeal—law relating to exclusion of jurisdiction of Civil Court—also elaborated. Smt. Nanbutia v. Smt. Manglinbai and others, 2011(1) CG.L.R.W. 29.
Land purchased by non-aboriginal from aboriginal after taking permission from Collector as required under Section 165(6) of the Code—purchaser failed to notify the information to the jurisdictional SDO that how he came into possession of the above land—SDO cannot straightway evict the purchaser or take over the land and restore the same to the aboriginal tribal vendor without conducting enquiry as envisaged under Section 170-B(3)—case remanded back to SDO to conduct enquiry and pass appropriate order on merit after issuing notice to the petitioner and giving fair opportunity to the petitioner to represent his case. Nityanand Panigrahi v. State of M.P. and others, 2009(2) C.R.N. 53 (CGHC).
1[170-C. Advocate not to appear in proceedings under Section 170-A or 170- B without permission.—
Notwithstanding anything contained in the Advocates Act, 1961 (No. 25 of 1961) no Advocate shall appear before a Revenue Officer under any proceeding under Section 170-A or 170-B without the permission of such officer :
Provided that if permission is granted to one party not belonging to a member of a tribe which has been declared to be an aboriginal tribe under sub¬section (6) of Section 165, similar assistance shall always be provided to the other party belonging to such tribe at the cost of and through legal aid agency.]
(1. Applicable to Scheduled Areas of the State.)
1[170-D. Second appeal barred.—
Notwithstanding anything contained in this Code, no second appeal shall lie against the orders passed on or after the 24th October, 1983 under Section 170-A and Section 170-B.]
(1. Applicable to Scheduled Areas of the State.)
171. Right to make improvements.—
A Bhumiswami of land held for the purpose of agriculture is entitled to make any improvement thereon for the better cultivation of the land or its more convenient use for the purpose aforesaid.
172. Diversion of land.—
(1) If a Bhumiswami of land held for any purpose in—
(i) urban area or within a radius of five miles from the outer limits of such area;
(ii) a village with a population of two thousand or above according to last census; or
(iii) in such other areas as the State Government may, by notification, specify;
wishes to divert his holding or any part thereof to any other purpose except agriculture, he shall apply for permission to the ^Competent Authority] who may, subject to the provisions of this section and to rules made under this Code, refuse permission or grant it on such conditions as he may think fit:
Provided that should the [Competent Authority] neglect or omit for three months after the receipt of an application under sub-section (1) to make and deliver to the applicant an order of permission or refusal in respect thereof, and the applicant has by written communication called the attention of the ^Competent Authority] to the omission'or neglect, and such omission or neglect continues for a further period of six months, the 1[Competent Authority] shall be deemed to have granted the permission without any condition :
2[Provided further that if a Bhumiswami of a land, which is reserved for a purpose other than agriculture in the development plan but is used for agriculture, wishes to divert his land or any part thereof to the purpose for which it is reserved in the development plan, or land, or any part thereof which is assessed for agricultural purpose and situated in any area other than an area covered by development plan to the purpose of industry, a written information of his intention given by Bhumiswami to the Competent Authority shall be sufficient and no permission is required for such diversion :]
3[Provided further that it shall be compulsory to establish micro, small and medium industries within a period of three years and within a period of five years in case of major industries, from the date of notice of diversion of land diverted for industrial purposes. If production after establishment of industry does not start within abovementioned specified period then diversion shall automatically be deemed to have become void :
Provided also further that the State Government may, for special reasons to be recorded in writing, extend the said period :]
Provided also that if a competent authority undertakes the work of regularisation of the illegal colony, the land of which is not diverted, then the land, subject to the provisions of development plan, shall be deemed to have been diverted and such land shall be liable for premium and revised land revenue under Section 59.
(1. Substituted by C.G. Act No. 14 of 2011, w.e.f. 11-5-2011)
(2.Substituted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013)
(3. Inserted by C.G. Act No. 18 of 2015, w.e.f. 29-4-2015.
Explanation.—
For the purpose of this section the competent authority shall have the same meaning as assigned to it in the Chhattisgarh Nagar Palika (Registratation of Coloniser Terms and Conditions) Rules, 1998* made under the chhattisgarh Municupal Corporation Act, 1956 (No. 23 of 1956) and the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961).
(2) Permission to divert may be refused by the [Competent Authority] only on the ground that the diversion is likely to cause a public nuisance, or the Bhumiswami is unable or unwilling to comply with the conditions that may be imposed under sub-section (3).
(3) Conditions may be imposed on diversion for the following objects and no others, namely, in order to secure the public health, safety and convenience, and in the case of land which is to be used as building sites, in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality.
(4) If any land has been diverted without permission by the Bhumiswami or by any other person with or without the consent of the Bhumiswami the 1[Competent Authority] on receiving information thereof, may impose on the person responsible for the diversion a penalty not exceeding 2[ten thousand rupees], and may proceed in accordance with the provisions of sub-section (1) as if an application for permission to divert had been made.
(5) If any land has been diverted in contravention of an order passed or of a condition imposed under any of the foregoing sub-sections, the ^Competent Authority] may serve a notice on tire person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition; and such notice may require such person to remove any structure, to fill up any excavation, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. The Competent Authority] may also impose on such person a penalty not exceeding 1[one thousand rupees] for such contravention, and a further penalty not exceeding 1[one hundred rupees] for each day during which such contravention is persisted in.
(6) If any person served with the notice under sub-section (5) fails within the period stated in the notice to take the steps ordered by the 1[Competent Authority] under that sub-section, the ^Competent Authority] may himself take such steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue.
(1. Substituted by C.G. Act No. 14 of 2011, w.e.f. 11-5-2011.
2. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "one thousand rupees".
(6-a)3[* * *] (3. Omitted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.)
Explanation-I.—
Diversion in this section means using land assessed to one purpose under Section 59 to any other purpose mentioned therein but using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be diversion.
Explanation-Il—
For the purposes of this section the word 'development plan' shall have been same meaning as assigned to it in the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973).
173. Relinquishments.—
1[(1)] Subject to rules made under this Code, a Bhumiswami may relinquish his rights, that is, resign them in favour of the State Government, but subject to any rights, tenures encumbrances or equities lawfully subsisting in favour of any person, other than the State Government or the Bhumiswami, be giving notice in writing to the Tahsildar not less than thirty days before the date of commencement of the agricultural year and thereupon he shall cease to be a Bhumiswami from the agricultural year next following such date of such order. In case of the relinquishment of only a part of the holding the Tahsildar shall apportion the assessment of the holding in accordance with the rules made under this Code :
Provided that the relinquishment of a holding or any part of a holding, which is subject to an encumbrance or a charge, shall not be valid.
(1. Inserted by C.G. Act No. 18 og 2015, w.e.f. 29-4-2015.)
2[(2) Relinquishment of diverted land under Section 172 of the Code may be made in accordance with sub-section (1) by giving written information to Sub- divisional Officer.]
(2. Added by C.G. Act No. 18 of 2015, w.e.f. 29-4-2015)
174. Disposal of relinquished sub-division—
If any sub-division of a survey number or not plot number is relinquished under Section 173, the Tahsildar shall offer the rights to occupy such sub-division at such premium as he thinks fit to the Bhumiswami of the other sub-divisions of the same survey number or plot number and if there be competition among such Bhumiswamis he shall sell such right to tiit h'ghest bidder amongst them.
175. Right of way to relinquished land.—
If any person relinquishes his right to land, the way which lies through other land retained by him any, future holder of the land relinquished shall be entitled to a right of way through the land retained.
176. Abandonment of holding.—
(1) If a Bhumiswami ceases to cultivate his holding for two years either by himself or by some other person, does not pay land revenue and has left the village in which he usually resides, the Tahsildar may, after such enquiry as he may deem necessary, take possession of the land comprising the holding and arrange for its cultivation by letting it out on behalf of the Bhumiswami for a period of one agricultural year at a time.
(2) Where the Bhumiswami 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 Tahsildar took possession of the land, it shall be restored to him on payment of the dues, if any, and on such terms and conditions as the Tahsildar may think fit.
(3) Where no claim is preferred under sub-section (2) or if a claim is preferred and disallowed, the Tahsildar shall make an order declaring the holding abandoned and the holding shall vest absolutely in the State Government, from such date as may be specified in that behalf in the order.
(4) Where a holding is declared abandoned under sub-section (3), the liability of the Bhumiswami for the arrears of revenue due from him in respect thereof shall stand discharged.
177. Disposal of holdings.—
(1) If a Bhumiswami whose land has been assessed for the purpose of agriculture under Section 59, or who holds land for dwelling purposes, dies, without known heirs, the Tahsildar shall take possession of his land and may lease it for a period of one year at a time.
(2) If within three years of the date on which the Tahsildar takes possession of the land any claimant applies for the holding being restored to him, the Tahsildar may, after such enquiry as he thinks fit, place such claimant in possession of the land or reject his claim,
(3) The order of the Tahsildar passed under sub-section (2) shall not be subject to appeal or revision but any person who claim is rejected under sub¬section (2) may, within one year from the date of the communication of the order of the Tahsildar file a civil suit to establish his title, and if such suit is filed, the Tahsildar shall continue to lease out the land as provided in sub-section (1) till the decision of the suit.
(4) If no claimant appears within three years from the date on which the Tahsildar took possession of the land or if a claimant whose claim have been rejected under sub-section (2) does not file a suit within one year as provided in sub-section (3), the Tahsildar may sell the deceased Bhumiswami's right in the holding by.auction.
(5) Notwithstanding anything contained in any. law for the time being m force a claimant who establishes his title in land which has been dealt with in accordance with the provisions of this section, shall be entitled only to the rents payable under sub-section (1) and the sale proceeds realized under sub-section (4) less all sums due on the holding on account of land revenue and the expenses of management and sale.
178. Partition of holding—
(1) If in any holding, which has been assessed for purpose of agriculture under Section 59, there are more than one Bhumiswami any such Bhumiswami may apply to a Tahsildar for a partition of his share in the holding:
Provided that if any question of title is raised the Tahsildar shall stay the proceeding before him for a period of three months to facilitate the institution of a civil suit for determination of the question of title.
(1-A) If a civil suit is filed within the period specified in the proviso to sub-section (1), and stay order is obtained from the civil court, the Tahsildar shall stay his proceedings pending the decision of the civil court. If no civil suit is filed within the said period, he shall vacate the stay order and proceed to partition the holding in accordance with the entries in the record of rights.
(2) The Tahsildar, may, after hearing the co-tenure holders, divide the holding and apportion the assessment of the holding in accordance with the rules made under this Code.
Explanation-I.—
For purposes of this section any co-sharer of the holding of a Bhumiswami who has obtained a declaration of his title in such holding from a competent Civil Court shall be deemed to be a co-tenure holder of such holding.
178-A. Partition of land in life time of Bhumiswami.—
(1) Whenever a Bhumiswami wishes to partition his agricultural land amongst the legal heirs during his life time, he may apply for partition to the Tahsildar.
(2) The Tahsildar may, after hearing the legal heirs, divide the holding and apportion the assessment of holding in accordance with the rules made under this Code.
1[178-B. Disposal of applications received for partition of holding.-—
(1) The Tahsildar shall issue notice to the interested parties and publish public notice or advertisement by first entering the applications received for partition in the e- Namantaran portal.
(2) On receipt of objection in any case or if the Tahsildar finds the matter to be disputed for any reason, he shall register the case by transferring it to his e- revenue court from the online .e-Namantaran portal, otherwise all the proceedings in the case will be done through the online e-Namantaran portal.
(3) On receipt of an application under this Section by any means, the Tahsildar shall, within prescribed time period,—
(a) initiate the process of mutation in the online e-Namantaran portal,
(b) issue notice to the interested parties,
(c) publish the public notice or advertisement on the official notice board, at the designated place in the concerned village / city and on the departmental web portal.
(4) The Tahsildar shall, after giving the interested persons a reasonable opportunity of being heard and after making such further inquiry as he may deem necessary, pass orders relating to the partition and shall make necessary entries in such other relevant land records including the khasra and map of the village, as the case may be. The patwari shall verify the records by correcting them within prescribed time period, after which the Tahsildar shall file the case.
(5) All proceedings under this Section, shall be completed within prescribed time period. In the case, where the cases are not disposed off within the specified period, the Tahsildar shall report the information of pending cases to the Collector in such form and manner as may be prescribed.]
(1. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
179. Rights to trees in holding.—
(1) Subject to the provisions of Sections 240 and 241 all trees standing in the holding of a Bhumiswami shall belong to him.
(2) Nothing in sub-section (1) shall affect any right in trees in the holding of a Bhumiswami in favour of any person existing on the date of the coming into force of this Code, but the Bhumiswami may apply to the Tahsildar to fix the value of such right and purchase the right through the Tahsildar in such manner as may be prescribed.
180. Restriction on transfer of trees.—
(1) The transfer by a Bhumiswami of any trees standing in any land comprised in his holding except the produce of such trees shall be void unless the land itself is transferred.
(2) Trees standing in any land comprised in the holding of a Bhumiswami shall not be attached or sold in execution of a decree or order of a Civil Court or under an order of a Revenue Officer or under an order made in pursuance of any provisions of any law for the time being in force unless the land itself is attached or sold.
