(2. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 255 stood as under:-
(1) With a view to bring agricultural economy to a higher level of efficiency, the Government may, by rules, regulate standards of efficient cultivation and management.
(2) Such rules may provide for the issue of directions as regards the methods of
agriculture to be adopted, the use of improved seeds, conservation and proper utilisation of manure, sale or surplus foodgrains, and for ensuring proper wages and terms of employment of agricultural workers, and such other directions as may be necessary or desirable for the efficient utilisation of lands.
(3) Such rules shall apply to agriculturists who cultivate personally land in excess of such limits as may be prescribed.
(4) If an agriculturist to whom such rules apply under sub-section (3) fails to carry out the directions issued under sub-section (2), the State Government may have the directions carried out by any other agency in such manner as it deems fit and recover from him all such cost as may be incurred.".
Subject to such conditions and to the payment of such fees as may be prescribed by rules made under this Code, all revenue records, maps and land records which have been prepared or are required to be prepared or kept under this Code or any other enactment for the time being in force, shall be open to the inspection of the public at reasonable hours, and certified extracts therefrom, or certified copies thereof, shall be given to all persons applying for the same.
Except as otherwise provided in this Code, or in any other enactment for the time being in force, no Civil Court shall entertain any suit instituted or application made to obtain a decision or order on any matter which the State Government, the Board, or any Revenue Officer is by this Code, empowered to determine, decide or dispose of, and in particular and without prejudice to the generality of this provision, no Civil Court shall exercise jurisdiction over any of the following matters :—
1(a) any decision regarding any right under sub-section (1) of Section 57 between the State Government and any person;]
2[(a-l)J any decision regarding the purpose to which land is appropriated under Section 59;
3[(b) any question as to the validity or effect of a notification of land survey or to the term of land revenue assessment;]
(c) any claim to modify a decision determining abadi made by a 4[District Survey Officer] or Collector;
(d) any claim against the State Government to hold land free of land revenue, or at less than the fair assessment, or to be assigned in whole Or in part the land revenue assessed on any land;
(e) the amount of land revenue assessed or reassessed under this Code or any other enactment for the time being in force;
(f) any claim against the State Government to have any entry made in any land records or to have any such entry omitted or amended.
(g) any question regarding the demarcation of boundaries or fixing of boundary marks under Chapter X;
(h) any claim against the State Government connected with or arising out of, the collection of land revenue or the recovery of any sum which is recoverable as land revenue under this Code or any other enactment;
(i) any claim against the State Government or against a . Revenue Officer for remission or suspension of land revenue, or for a declaration that crops have failed in any year;
(j) any decision, regarding forfeiture in cases of certain transfers under Section 166;
(k) ejectment of a lesser of a Bhumiswami under sub-section (4) of Section 168;
(l) any claim to set aside transfer by a Bhumiswami under sub-section
(1) of Section (1) of Section 170 and clauses (a) and (b) of sub-section (2) of Section 170-A;
(1-1) any matter covered under Section 170-B;
(m) ejectment of a Government lessee under Section 182;
(1. InsertedbyC.G. Act No. 32 of 2013, w.e.f. 19-8-2013.)
(2. Clause (a) renumbered as clause (a-1) by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.)
(3. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution clause (b) stood as under :—
(b) any question as to the validity or effect of the notification of a revenue survey or any question as to the term of a settlement;")
(4. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "Settlement Officer". )
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (n) stood as under:-
(n) resumption by a Bhumiswami of land held by an occupancy tenant under Section 189 and the fixation of rent of land left, if any, with the occupancy tenant,".
(2. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (o) stood as under:-
"(o) claims by occupancy tenants for conferral of the right of Bhumiswami under Section 190,".
(3. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (p) stood as under:-
"(p) restoration of possession to an occupancy tenant under Section 191,."
(4.Omitted by C.G. Act No. 6 of 2022 w.e.f. 4-5-2022. Prior to omission clause (q) stood as under:-
"(q) termination of tenancy of an occupancy tenant under Section 193,".
(5. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (r) stood as under:-
"(r) any claims to set aside transfer by an occupancy tenant under Section 197,".
(6. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (s) stood as under:-
"(s) the imposition of penalty on a Bhumiswami under Section 200,".
(7. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (t) stood as under:-
"(t) suspension and remission of rent under Section 201,".
(8. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (u) stood as under:-
"(u) any decision regarding reinstatement of a wrongfully ejected occupancy tenant under Section 202,".
(v) Amount payable as compensation under sub-section (3) of Section 209 confirmation of the scheme for consolidation of holdings under Section 210, transfers of rights in carrying out the scheme under Section 213 and assessment and apportionment of costs of consolidation of holdings under Section 215;
(w) any claim to modify any entry in the Nistar Patrak;
(w-1) any decision regarding penalty under Section 248, for tinauthorisedly taking possession of land.
(x) any decision regarding reinstatement of a Bhumiswami improperly dispossessed under Section 250;
(x-i) any decision regarding confinement in civil prison under Section 250-A;
(x-ii) any decision regarding delivery of actual possession of land to the Bhumiswami or the Government Lessee under Section 250-B.
(y) any decision regarding vesting of tanks in State Government under Section 251 and any claim against the State Government arising thereunder;
(z) any claim against the State Government to set aside or modify any premium, penalty, cess or rate imposed or assessed under the provisions of this Code or any other enactment for the time being force;
(z-1) 1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (z-1) stood as under:—
"(z-1) any claim against the State Government arising under Section 255 regarding prescription of standard cultivation and management;".
(z-2) any claim to compel the performance of any duty imposed by this Code on any Revenue Officer or other officer appointed under this Code.
(1) In any proceedings under sub-section (6) of Section 165, or under the proviso to Section 169 or under sub-section (1) of Section 170 or under Section 170-A or under Section 250 in which one of the parties is a Bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6) of Section 165, the burden of proving the validity of transfer thereunder shall, notwithstanding anything contained in this Code or in any other law for the time being in force, lie on the person who claims such transfer to be valid.
(2) No legal practitioner shall appear, plead or act on behalf of any party in any proceedings specified in sub-section (1) in which one of the parties is a Bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6) of Section 165 except with the written permission of the Revenue Officer/Court before whom the case is pending.
(1) The State Government may make rules generally for the purpose of carrying into effect the provisions of this Code.
(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for—
(i) the terms and conditions of service of the President and Members of the Board of Revenue Constituted under Section 3;
2[(i-a) prescribing the form for the proposal under Section 13;]
(2. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
(ii) the prescription of the duties of Superintendents of Land Records and Assistant Superintendents of Land Records;
(iii) regulation of assessment of land revenue on diversion of land to other purposes and imposition of premium under Section 59;
(iv) assessment on unassessed land under Section 60;
1[(iv-a) prescribing the powers and duties to be exercised under sub¬section (2) of Section 63;]
(v) formation of survey numbers and villages under Section 68 and the minimum extent of survey numbers comprising land used for agricultural purposes;
(vi) 1[amalgamation and] division of survey numbers into sub¬divisions and apportionment of the assessment of survey number among the sub-divisions of a survey number under Section 70;
(vii) prescription of records in which area and assessment of survey
numbers and sub-divisions of survey numbers shall be entered under Section 71; '
(viii) the manner of dividing a village into two or more villages or uniting two or more villages into one or constituting village or altering the limits of a village under Section 73;
(ix) the necessary inquiry which shall be completed and the form in which and the particulars with which the proposals for assessment rate shall be forwarded under Section 77;
(x) the manner in which notice of assessment shall be given under Section 82;
(xi) 2[* *].
(xii) the- regulationjof the conduct of 3[land survey or land revenue assessment] under Section 91-A;
(xiii) regulation of division of lands in urban areas into plot numbers, recognition of existing survey numbers as plot numbers, reconstitution of plot numbers or formation of new plot numbers under Section 93; '
(xiv) the manner of dividing plot numbers into sub-divisions and apportioning the assessment of plot number among, the sub-divisions; and the limits either of area or of land revenue or both in any local area for recognition of sub divisions under Section 94;
(xv) prescription of records under Section 95;
(xvi) prescription of other special purposes under Section 96;
(1. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
(2. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (xi) stood as under:-
"(xi) the manner of inquiry into the profits of agriculture and into the value of land used for agriculture and non-agriculture purpose under Section 87,".
(3. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "revenue survey or settlement.
(xvii) the manner of publishing the standard rates under Section 97;
(xviii) (a) the manner of keeping record of all registered sales and leases of lands under Section 98 (1), and
(b) determination of the average annual letting value or lands under Section 98 (2);
(xix) prescription of other duties of patwaris under sub-section (2) of Section 104;
(xx) prescription of other duties of Revenue Inspectors under Section 106;
(xxi) prescription of other particulars under Section 107 (2);
(xxii) the prescription of the form of, and the additional particulars to be entered in the papers to be included in the record of rights under Section 108;
(xxiii) form of acknowledgment to be given by patwari under Section 109;
(xxiv) (a) prescription of register under Section 110 (1) for entering acquisition of rights reported under Section 109;
(b) prescription of other persons and authorities to whom written intimation shall be given under Section 110 (3);
1[(c) regulation of procedure and form report of acquisition of rights, intimation, sketch prior to mutation, receipt, notice, copy, fees, information of pending cases and other related documents, for the purpose of Section 109 and 110;]
(xxv) (a) prescription of other land records under Section 114 (1);
(b) prescription of fee on the payment of which Rasid Bahi shall be provided under Section 114 (2) and the prescription of entries which it shall contain;
(xxvi) the regulation of requisition of assistance under Section 120;
(xxvii) preparation maintenance and revision of land records under Section 121;
(xxvii-a) manner in which objection shall be disposed of by Tahsildar under Section 123 (3);
(xxviii) (a) specification of, and manner of construction and maintenance of, boundary marks of villages and survey numbers or plot numbers under Section 124 (3); and
(b) the manner of distribution of the cost of construction of new boundary marks among the holders of lands under Section 124 (4);
(1.Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
1[(xxviii-a) the manner of summarily ejectment under Section 126;]
(xxix) the manner of demarcating boundary marks between a village road, village waste or land reserved for communal purposes and the land adjoining it and the manner in which they shall be kept in repair and renewed;
(xxx) the procedure of demarcating the boundaries of survey numbers, sub-divisions, or plot numbers, the nature of boundary marks and the levy of fees under Section 129;
(xxxi) the dates on which and the instalments in which land revenue shall be payable and the persons to whom and the places whereat such instalments shall be paid under Section 140;
(xxxii) the form in which receipt shall be given under Section 142;
(xxxiii) the regulation of remission or suspension of land revenue under Section 144 (1);
(xxxiv) the guidance of Revenue Officers in issuing notices of demand under Section 146 and executing the processes specified in Section 147;
(xxxv) prescription of the form of application for grant of annuity, the time within which such application shall be made and the conditions of such grant under Section 160;
(Xxxvi) the regulation of reduction of revenue during the currency of 2[land revenue .assessment] under Section 161;
1(xxxvii) Procedure to be followed in e-Namantaran Portal and e-Revenue Court Portal;]
(xxxviii) prescription of the ceiling limits of land under Section 165;
(xxxix) prescription of the manner in which land forfeited under Section 166 shall be selected and demarcated and land revenue fixed on land left with transferee;
(xl) regulation of the procedure in disposing of claims to be placed in possession of a holding under Section 170;
(xl-a) the form and manner in which information shall be notified to Sub-Divisional Officer under sub-section (1) of Section 170-B;
(xli) regulation of grant or refusal of permission to a Bhumiswami for diversion of his holding or any part thereof under Section 172;
(xlii) regulation of relinquishment of rights by a Bhumiswami under Section 173;
(1. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
(2. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the word "settlement".)
(xliii) prescription of the terms and conditions on which a person may be put in possession of an abandoned holding under Section 176 (2);
(xliv) (a) regulation of partition of holdings and apportionment of assessment, under Section 178 (2); and
(b) .....
1[(xliv-a) regulation of the partition of land during the lifetime of a Bhumiswami under Section 178-A;]
(xlv) guidance of Revenue Officers with regard to applications for purchase of right in trees under Section 179(2);
1[(xlvi) (a) the service of summons, notices and other processes by post or in any other manner either generally or in any specified areas and proof of such service;
(b) the regulation of the power of revenue officers to summon parties and witnesses and the grant of expenses to witnesses;
(c) the regulation of recognized agents with regard to appearances, applications and acts done by them in proceedings under this Code;
(d) the procedure to be observed in effecting attachment of movable and immovable properties;
(e) the procedure for publishing, conducting, setting aside and confirming sales and all ancillary matters connected with such proceedings;
(f) the maintenance and custody, while under attachment, of livestock and other movable property, the fees payable for such maintenance and custody, the sale of such livestock and property and the proceeds of such sale;
(g) the consolidation of appeals and other proceedings;
(h) all forms, registers, books, entries and accounts which may be necessary or desirable for the transaction of the business of Revenue Courts;
(i) the time within which, in the absence of any express provision, appeals or applications for revision may be filed;
(j) the costs of, and incidental to, any proceedings;
(k) the examination of witnesses on commission and payment of expenses incidental to such examination;
(l) the licensing of petition writers and the regulation of their conduct;]
(1. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (xlvii) stood as under:—
"(xlvii) prescription of the manner of selection and demarcation of land allowed to be resumed by a Bhumiswami under Section 189 and the fixation of land revenue on it and fixation of rent in respect of land left with the occupancy tenant;".
(2. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (xlviii) stood as under :—
"(xlviii) prescription of the manner and the form in which amount of compensation shall be deposited by an occupancy tenant payable to his Bhumiswami under Section 190 (5);".
(3. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (xlviii-a) stood as under:—
"(xlviii-a) prescription of time within which an application under sub-section (1) of Section 191 shall be made;".
(4. Omitted by C.G- Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (xlix) stood as under :—
"(xlix) the regulation of the procedure in disposing of claims to be placed in possession of an occupancy holding which has been transferred under Section 197;'.
(5. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (1) stood as under:—
"(1) prescription of the manner of selection and demarcation of land vesting in the State Government and the fixation of land revenue on the land reserved by the Bhumiswami under Section 198 (4);".
(6. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (li) stood as under:—
"(li) the form and the manner in which the receipt for rent shall be given under Section 199;".
(lii) the regulation of assessment of increase and reduction in land revenue required or permitted under Chapter XV;
(liii) the regulation of appointment of patels under Section 222(1), the manner of distribution of duties of the office of patel where there are two or more patels in a village, fixation of remuneration of a patel, and prescription of additional duties of patel under Section 224 and his removal from office under Section 226 and the appointment of a substitute under Section 228;
(liv) the regulation of the sanitation of villages, the burial of the carcasses of animals, the protection and fencing of wells, the upkeep of village roads and like matters of village self-government for villages not included within the area of a municipality or a municipal corporation, or a notified area committee or a Gram Panchayat;
(Iv) (a) the appointment, punishment, suspension and dismissal of Kotwars,
(b) the prescription of the duties and mode of supervision of Kotwars;
(Ivi) (1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (Ivi) stood asunder:—
"(Ivi) (a) the regulation of procedure for the establishment of a Gram Sabha under Section 232,
(b) the manner in which a Gram Sabha shall acquire, hold or transfer property movable and immovable, enter into contracts, etc., under Section 232 (4), and
(c) sums to be recovered as fees and other incomes by a Gram Sabha;".
(Ivii) prescription of the record to be maintained under Section 233;
(Iviii) the manner .in which the wishes of the villagers shall be ascertained under Section 234(2);
(lix) (a) regulation of setting apart of unoccupied land for the exercise of nistar rights under Section 237(1); and
(b) other purposes for the exercise of nistar rights under Section 237(l)(k);
(c) regulation of diversion of unoccupied land under Section 237(3);
(lx) (i) The categories of persons for whom priority will be given for granting of tree planting and tree patta;
(ii) the manner of selection of such persons to whom tree planting permit and tree pattas to be granted;
(iii) the extent of land to be earmarked;
(iv) the terms and conditions for granting of tree planting permit and three pattas;
(v) the form of the tree planting and the tree patta;
(vi) the extent of usufructuary rights under the tree planting permit and the tree patta;
(Ixi) the regulation of the cutting of trees under Section 240 (1), and of control, management, felling or removal of the forest growth under Section 240 (3);
(Ixii) prescription of the manner of proclaiming an order publish under Section 241 and regulation of the felling or removal trees thereunder;
(Ixiii) (a) the manner of ascertaining and recording the customs regard to mattes specified in Section 242 (1); and
(b) the manner of publication of record of customs under Section 242 (2);
(Ixiv) prescription of the manner of disposal of sites in the abadi area under Section 244;
(Ixv) regulation of fishing, catching hunting or shooting of animals in villages and removal of any materials from land belonging to the State Government under Section 249;
1[lxv-a) regulation to give effect to the provisions of Section 250;]
(1. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
(Ixvi) (a) prescription of the form of application under Section 251 (2); and
(b).the regulation of the use of water from tanks under Section 251 (6);
(Ixvii) (2. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (Ixvii) stood as under:—
"(Ixvii) the regulation of procedure of the Gram Sabha in calling upon persons residing m the village to perform labour under Section 252;".
(Ixviii) (3.Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (Ixviii) stood as under:—
"(Ixviii) prescription of standards of cultivation and management under Section 255; .
(bdx) prescription of conditions for inspection and grant of copies of records, maps and land records under Section 256;
(Ixx) generally for the guidance of Revenue Officers and all other persons in proceedings under this Code;
(Ixxi) any other matter which has to be or may be prescribed.
(3) All rules made under this section shall be subject to the condition of previous publication.
(4) All rules made under this Code shall be laid on the table of the Legislative Assembly and shall be subject to such modifications as the Legislative Assembly may make.
Any reference in any enactment to,—
(a) A Bhumiswami or a Bhumidhari in the Mahakoshal region;
(a-i) a pakka tenant, muafidar, inamdar or a concessional holder in the Madhya Bharat region;
(b) a pachpan paintalis tenant, pattedar tenant, grove holder or a holder of a tank in the Vindhya Pradesh region;
(c) a khatedar tenant or a grove holder in the Sironj region; and
(d) an occupant in the Bhopal region;
shall be deemed to be reference to a Bhumiswami.
Any reference in this Code to a Central Act which is not in force in any region of the State shall in relation to that region be construed as a reference to the corresponding law in force in that region.
For purposes of this section the expression "Central Act" shall have the same meaning as assigned to it in Section 3 (7) of the General Clauses Act, 1897 (X of 1897).
The enactments specified in Schedule II are hereby repealed to the extent mentioned in the 4th column thereof:
Provided that the repeal shall not affect—
(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed :
Provided further that subject to the preceding proviso, anything done or any action taken (including any rules, assessment, appointments and transfers made, notifications and powers conferred, forms and leases granted, record-of-rights, and other records framed or confirmed, rights acquired, liabilities incurred and times and places appointed), under any such enactment shall be deemed to have been done or taken under the corresponding provision of this Code and shall continue to be in force accordingly unless and until superseded by anything done or action taken under this Code.
(1) Save as otherwise expressly provided in this Code, all cases pending before the State Government or any Revenue Court in any region immediately before the coming into force of this Code, whether in appeal, revision, review or otherwise shall be decided in accordance with the provisions of the appropriate law, which would have been applicable to them had this Code not been passed.
(2) Any case pending in Civil Court at the coming into force of this Code, which would under this Code be exclusively triable by a Revenue Court, shall be disposed of by such Civil Court according to the law in force prior to the Commencement of this Code.
(3) All proceedings under any of the laws described in Schedule III pending before the State Government immediately before the commencement of this Code shall, on such commencement, stand transferred to the Board, and shall thereupon be disposed of by the Board as if they were proceedings entertained by the Board under this Code.
For the purpose of this sub-section "State Government" shall include Governor, Council of Minister or a Minister.
(1) If any difficulty arises in giving effect in any region to the provisions of this Code, the State Government may, by order notified in the Gazette, make such provisions or give such directions as appear to it to be necessary for the removal of the difficulty.
(2) A copy of the order passed under sub-section (1) shall as soon as may be after it is passed be laid before the Legislative Assembly.
Nothing contained in this Code shall apply to a person who holds land from the Central Government.
SCHEDULE I
[See Section 41]
RULES OF PROCEDURE OF
REVENUE OFFICERS & REVENUE COURTS
ISSUE OF SUMMONS
1. Every summons shall be in writing, in duplicate and shall be signed and sealed by the Officer issuing it or by such person as he empowers in his behalf, and it shall specify the time and place at which the person summoned is required to attend, and also whether he is required to give evidence or to produce a document.
2. Every summons to a party shall be accompanied by a concise statement about the subject-matter of the proceedings.
3. A summons to produce documents may be for the production of certain specified documents or for the production of all documents of a certain description in the possession or power of the person summoned.
MODE OF SERVICE OF SUMMONS
4. Every summons shall be served by tendering or delivering a copy of it to the person summoned personally or to this recognised agent.
5. Where the person summoned cannot be found and has no recognised agent, service may be made on any adult male member of the family of the person summoned, who is residing with him.
A servant is not a member of the family within the meaning of this rule.
6. Where the serving officer delivers or tenders a copy of the summons to the person summoned personally or to his recognised agent or other person on his behalf, he shall require the signature of the person, to whom the copy is delivered or tendered to an acknowledgment of service endorsed on the original summons.
7. If service of the summons cannot be effected in the manner provided in rules 4, 5 and 6, a copy thereof should be affixed at the last known place of residence of the person summoned or at some place of public resort in such village.
8. Where a copy of the summons is affixed as provided in rule 7, the serving officer shall return the original copy of the summons to the Court from which it was issued with a report endorsed thereon or annexed thereto stating that he has affixed the copy, the circumstances under which he did so and the name and the address of the person in whose presence the copy was affixed and where the copy is affixed at the last known place of residence of the person summoned, the report shall also contain the name and address of the person, if any, by whom the house was identified.
9. If the person summoned resides in another district, the summons may be sent by post to the Collector of such district for service.
MODE OF COMPLIANCE WITH SUMMONS
10. Subject to the provisions of the Code whoever is summoned to appear before a Revenue Officer to give evidence shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document, shall either attend to produce it, or cause it to be produced, at such time and place.
MODE OF SERVING NOTICE
11. Every notice shall be served by tendering or delivering a copy of it to the person concerned personally or to his recognised agent:
Provided that, where the recognised agent of the person concerned is a pleader, the notice may be served by leaving a copy thereof at his office or at the place of his ordinary residence, and such service shall be deemed to be as effectual as service on the recognised agent personally.
12. Where the person concerned cannot be found and has no recognised agent, service may be made on any adult male member of the family of the person concerned, who is residing with him.
A servant is not a member of the family within the meaning of this rule.
13. Where the serving officer delivers or tenders a copy of the notice to the person concerned personally or to an agent or other person on his behalf, he shall required the signature of the person, to whom the copy is delivered or tendered to an acknowledgment of service endorsed on the original notice.
14. If service of the notice cannot be effected in the manner provided in rules 11,12 and 13 a copy thereof may be affixed at the last known place of residence of the person concerned or at some place of public resort in the village in which the land to which the notice relates is situate or from which the land is cultivated.
15. Where a copy of the notice is affixed as provided in rule 14, the serving officer shall return the original copy of the notice to the officer who issued it, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, the name and address of the person in whose presence the copy was affixed and where the copy is affixed at the last known place of residence of the person noticed, the report shall also contain the name and address of the person by whom the house was identified.
16. If the person to whom a notice is to be served resides in another district, the notice may be sent by post to the Collector of such district for service.
MODE OF ISSUING PROCLAMATIONS
17. Whenever a proclamation is issued under this Code, copies thereof shall be posted on the notice board of the office of the Revenue Officer issuing it, at the headquarters of the tahsil within which the land to which it refers is situate, and at some place of public resort on or adjacent to the land to which it refers, and unless the officer issuing it otherwise directs the proclamation shall be further published by beat of drum on or near the land to which it refers.
ORDER
18. Every original order passed by a Revenue Officer in any proceedings shall contain a concise statement of the case, the points for decision, the decision thereon and the reasons for such decision.
ATTACHMENT
(1) Where the property to be attached is movable property other than agricultural produce, in the possession of the defaulter, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody or in the custody of any of his sub-ordinates and shall be responsible for the due custody thereof:
Provided that when the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once :
Provided further that when the property attached consists of live stock, agricultural implements or other articles which cannot be conveniently removed, and the attaching officer does not act under the first proviso to this rule, he may at the instance of the defaulter or any person claiming to be interested in such property, leave it in the village or at the place where it has been attached—
(a) in the charge of the defaulter, or of the station pound-keeper, if any; or
(b) in the charge of the person claiming to be interested in such property or of such respectable person as will undertake to keep such property, on his entering into a bond with one or more sureties in an amount not less than the value of the property, that he will take proper care of such property and produce it when called for.
(2) The attaching officer shall make a list of the property attached and shall obtain thereto the acknowledgment of the person in whose custody the property is left, and, if possible, of the defaulter and of at least one respectable person in attestation of the correctness of the list. If the property attached includes both live-stock and other articles a separate list of the live-stock shall similarly be prepared and attested.
20. (1) Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment—
(a) where such produce is a growing crop, on the land on which such crop has grown; or
(b) where such produce has been cut or gathered, on the threshing floor or place for treading out grain or the like or fodder-stack on or in which it is deposited;
and another copy on the outer door or on some other conspicuous part of the house in which the defaulter ordinarily resides or if there is no such house, on the outer door or on some other conspicuous part of the house in which he carries on business or personally works for gain or in which he is known to have last resided or carried on business or personally worked for gain; and the produce shall thereupon be deemed to have passed into the possession of the Court.
(2) The attaching officer shall make such arrangements for the custody of the agricultural produce as he may consider sufficient and also to tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it.
(3) The costs incurred under sub-rule (2) shall be borne by the defaulter.
21. (1) Where the live-stock attached is not left in the charge of the defaulter, the expenses for feeding and watering it shall be charged at such rate as the Collector may, by general or special order, fix.
(2) Where the property attached is movable property other than agricultural produce or live-stock, and is not left in the charge of the defaulter, the expenditure for its safe custody shall be charged at such rate as the Collector may, by general or special order, fix.
(3) The costs incurred under sub-rules (1) and (2) shall be first charge on the sale-proceeds of the property.
22. The provisions of Order XXI, Rules 46 to 53 of the Code of Civil Procedure, 1908 (V of 1908) regarding the attachment of the several classes of movable property dealt with in those rules shall, as far as may be, apply to the attachment made under this Code.
23. (1) Where the property is immovable, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge.
(2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then on the notice board of the office of the Revenue Officer.
(3) The order shall take effect as against purchasers for value in good faith from the date when a copy of the order is affixed on the property and against all other transferees from the defaulter from the date on which such order is made.
24. (1) If any claim is set up by a third person to the property attached or proceeded against under the provisions of this Code, the Revenue Officer shall enquire into the claim and may admit or reject it.
(2) The person against whom and order is made under sub-rule (1) may, within one year from the date of the order, institute a suit to establish die right which he claims to the property attached or proceeded against; but subject to the result of such suit, if any, the order shall be conclusive.
SALE GENERALLY
25. Every sale shall be conducted by an officer or other person appointed by a general or special order in this behalf and shall be made by public auction.
26. (1) The Revenue Officer shall cause a proclamation of the intended sale to be made stating the time and place of sale and specifying as fairly and accurately as possible—
(a) the property to be sold;
(b) the land revenue assessed upon the land where the property to be sold is an interest in land paying revenue to the Government;
(c) the amount for the recovery of which the sale is ordered; and
(d) every other thing which the Revenue Officer considers material for a purchaser to know in order to judge of the nature and the value of the property.
(2) A copy of the proclamation issued under sub-rule (1) where it relates to the sale of any holding shall be sent to the Co-operative and the Land Mortgage Bank operating within that area in which the holding is situate.
27. The Revenue Officer may, if he considers this necessary summon the defaulter and examine him with respect to any matters to be included in the sale proclamation.
28. Save in the case of property of the kind described in the first proviso to rule 19, no sale hereunder shall, without the consent in writing of the defaulter take place—
(i) on Sunday or on any authorised civil court holiday or on any day declared as a local holiday for the area in which the sale is to be held; and
(ii) until after the expiration of at least thirty days from the date on which the proclamation thereof was made.
29. (1) The Revenue Officer may, in his discretion, adjourn any sale hereunder to a specified day and hour and the officer conducting any such sale may, in his discretion, adjourn the sale recording his reasons for -such adjournment:
Provided that where the order of the Revenue Officer can be obtained in time, no such adjournment shall be made without such order.
(2) Where a sale is adjourned under sub-rule (1) for a longer period than fifteen days, a fresh proclamation shall be made unless the defaulter consents to waive it.
(3) Every sale shall be stopped if, before the lot is knocked down, the amount due and costs are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such dues and costs have been paid to the Revenue Officer who ordered the sale.
30. Any deficiency of price which may happen on a resale by reason of the purchaser's default shall be recoverable form the defaulting purchaser as if it were an arrear of land revenue.
31. No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold.
SALE OF MOVABLE PROPERTY
32. (1) Where the property to be sold is agricultural produce, the sale shall be held—
(a) if such produce is a growing crop, on or near the land on which . such crop has grown; or
(b) if such produce has been cut or gathered, at or near the threshing, floor or place for treading out grain or the like or fodder stack:
Provided that the Revenue Officer may direct the sale to be held at the nearest place of public resort, if he is of opinion that the produce is thereby likely to sell to greater advantage.
(2) Where, on the produce being put up for sale—
(a) a fair price, in the estimation of the person holding the sale, is not offered for it; and
(b) the owner of the produce or a person authorised to act in his behalf applies to have the sale postponed till the next day or, if a market is held at the place of sale, the next market day.
The sale shall be postponed accordingly and shall be then completed, whatever price may be offered for the produce.
33. (1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing.
(2) Where the crop from its nature doe not admit of being stored, or where it appears to the Revenue Officer that the crop can be sold to greater advantage in an unripe state, it may be sold before it is cut and gathered, and the purchaser shall be entitled to enter on the land and to do all that is necessary for the purpose of tending and cutting or gathering it.
. 34; (1) Where movable property is sold by public auction, the price of each lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs, and in default of payment the property shall forthwith be resold.
(2) On payment of the purchaser money, the officer or other person holding the sale shall grant a receipt for the same, and the sale shall become absolute.
(3) Where the movable property to be sold is a share in goods belonging to the defaulter and a co-owner, and two or more persons, of whom one is such co-owner, respectively bid the same sum for such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner.
35. No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by reason of such irregularity at the hand of any other person may institute a suit against him for compensation or (if such other person is the purchaser) for the recovery of the specific property and for compensation in default of such recovery.
36. (1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser.
(2) In the case of any other movable property, the Revenue Officer may make an order vesting such property in the purchaser or as he may direct; and such property shall vest accordingly.
SALE OF IMMOVABLE PROPERTY
37. On every sale of immovable property the person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty five per cent on the amount of his purchase money to the officer or other person conducting the sale, and in default of such deposit, the property shall forthwith be resold.
38. The full amount of purchase money payable shall be paid by the purchaser within fifteen days from the date of the sale of the property.
39. In default of payment within the period mentioned in rule 38, the deposit may, if the Revenue Officer thinks fit after defraying the expenses, of the sale, be forfeited to the Government, and the property shall be resold and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum of which it may subsequently by sold.
40. (1) Where immovable property has been sold under this Code, any person, either owning such property or holding an interest therein by virtue of a title acquired before such sale may, at any time within thirty days from the date of sale, apply, to the Revenue Officer to have the sale set aside on his depositing—
(a) for payment to the purchaser, a sum equal to five per cent of the purchase money;
(b) for payment on account of the arrear, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered less any amount which may have been paid since the date of the sale on this account; and
(c) the cost of the sale.
(2) If such deposit is made within thirty days from the date of the sale the Revenue Officer shall pass an order setting aside the sale :
Provided that, if a person applies under rule 41 to have such sale set aside, he shall not be entitled to make an application under this rule.
41. At any time within thirty days from the date of sale, any person whose interests are affected by such sale may apply to the Revenue Officer to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it, and the Revenue Officer may, after giving notice to the persons affected thereby; pass an order setting aside the sale and may order resale; but no sale shall be set aside on such grounds unless the applicant proves to the satisfaction of the Revenue Officer that he has sustained substantial injury by such irregularity or mistake.
42. Except in a case where land has been sold for arrears, which form a charge on the land, the purchaser may, at any time within thirty days from the date of sale, apply to the Revenue Officer to set aside the sale on the ground that the defaulter had no saleable interest in the property sold and the Revenue Officer shall, after due inquiry, pass such orders on such application as he deems fit.
43. No resale under rule 41 shall be made until a fresh proclamation has been published as laid down in rule 26.
44. On the expiry of thirty days from the date of sale, if no application has been made under rule 40, 41 or 42 or if such application has been made and rejected, the Revenue Officer shall pass an order confirming the sale :
Provided that, if the Collector has reason to think that the sale ought to be set aside—
(i) notwithstanding that no such application has been made; or
(ii) on grounds other than those alleged in any application which has been made and rejected; or
(iii) notwithstanding that a period of thirty days from the date of sale has expired;
he may, after recording his reasons in writing, set aside the sale at any time before making an order confirming the sale.
45. (1) If no application under rule 41 is made within the time allowed therefor, all claims on the grounds of irregularity or mistake shall be barred.
(2) Nothing in sub-rule (1) shall bar the institution of a suit if the Civil Court to set aside a sale on the ground of fraud or on the ground that the arrear for which the property is sold is not due or on the ground that the defaulter had no saleable interest in the property sold.
46. If the sale of any property is set aside under rule 40, 41, 42 or 44 the amount of purchase money deposited by the purchaser shall be refunded to him.
CERTIFICATE OF PURCHASE AND DELIVERY OF POSSESSION
47. If the sale of any immovable property has been confirmed, the Revenue Officer shall grant a certificate to the purchaser specifying the date on which the sale is confirmed, the property sold, and the name of the purchaser and shall but the purchaser in possession of such property.
48. (1) Where the purchaser is resisted or obstructed by any person in obtaining possession of the property, he may make an application to the Revenue Officer complaining of such resistance or obstruction.
(2) The Revenue Officer shall fix a date for investigating the matter and shall summon the party against whom the application is made to appear and answer the same.
49. Where the Revenue Officer is satisfied that the resistance or obstruction was occasioned—
(a) by the defaulter or some other person at his instigation; or
(b) by any person in the case of a purchase of land sold for arrears of land revenue due in respect thereof;
he shall direct that the purchaser be put into possession of the property.
50. Where in any case to which rule 49 does not apply, the Revenue Officer is satisfied that the resistance or obstruction was caused by any person claiming in good faith to be in possession of the property on his own account or on account of some person other than the defaulter, the Revenue Officer shall make an order dismissing the application.
51. (1) Where any person other than the defaulter is dispossessed of immovable property by the purchaser of such property, he may make an application to the Revenue Officer complaining of such dispossession.
(2) The Revenue Officer shall fix a date for investigating the matter and shall summon the purchaser to appear and answer the same.
52. Where the Revenue Officer is satisfied that the applicant was in possession of the property on his own account, or on account of some person other than the defaulter he shall direct that the applicant be put into possession of the property.
53. Any party not being defaulter against whom an order is made under rules 49, 50 or 52 may institute a suit to establish the right which he claims to the present possession of the property but subject to the result of such suit, if any, the order shall be conclusive.
COMMISSIONS TO EXAMINE WITNESSES
54. Any Revenue Officer may in any proceedings issued commission for the examination on interrogatories or otherwise of any person who is exempted from attending the court or who is from sickness or infirmity unable to attend it.
55. An order for the issue of a commission for the examination of a witness may be made by the Revenue Officer either of his own motion or on the application, supported by affidavit or otherwise, of any party to the proceedings or of the witness to be examined.
56. Any Revenue Officer may, in any proceedings issue a commission for the examination of—
(a) any person resident beyond the local limits of his jurisdiction,
(b) any person who is about to leave such limits before the date on which he is required to be examined in court;
(c) any person in the service of the Central or the State Government who cannot, in the opinion of such Revenue Officer, attend without detriment to the public service.
57. (1) A commission for the examination of a person may be issued to any person whom the Court thinks fit to execute it, or to any other Revenue Officer who can conveniently examine such person.
(2) Every Revenue Officer receiving a commission for the examination of any person shall examine him or cause him to be examined pursuant thereto.
(3) The Revenue Officer on issuing any commission under this rule shall direct whether the Commission shall be returned to himself or to any Revenue Officer subordinate to him.
58. Where a commission has been duly executed, it shall be returned, together with the evidence taken under it, to the Revenue Officer by whom it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order; and the commission and the return thereto and the evidence taken under it shall (subject to the provisions of the next following rule) form part of the record of the proceedings.
59. Evidence taken under a conunission shall not be read as evidence in the proceeding without consent of the party against whom the same is offered, unless—
(a) the person who gave the evidence is beyond the jurisdiction of the court, or dead or unable from sickness or infirmity to attend to be personally examined, or exempted from personal appearance in Court, or is a person in the service of the Central or the State Government who cannot, in the opinion of the Revenue Officer, attend without detriment to the public service;
(b) the Revenue Officer in his. discretion dispenses with the proof of any of the circumstances mentioned in clause (a) and authorises the evidence of any person being read as evidence in the proceedings, notwithstanding proof that the cause for taking such evidence by commission has ceased at the time of reading the same.
60. Before issuing any commission under these rules, the Revenue Officer may order such sum (if any) as he thinks reasonable for the expenses of the commission to be, within a time to be fixed, paid by the party at whose instance or for whose benefit the commission is issued.
61. (1) The provisions of this Code relating to the summoning attendance and examination of witnesses, and to the remuneration of, and penalties to be imposed upon witness, shall apply to persons required to give evidence or to produce documents under these rules and for the purposes of this rule the Commissioner shall be deemed to be a Revenue Court.
(2) A Commissioner may apply to any Revenue Officer within the local limits of whose jurisdiction a witness resides for the issued of any process which he may find it necessary to issue to, or against, such witness, and such Revenue Officer may, in Ids discretion, issue such process as he considers reasonable and proper.
62. (1) Where a commission is issued under these rules, the Revenue Officer shall direct that the parties to the proceedings shall appear before the Commissioner in person or by their agents or pleaders.
(2) Where all or any of the parties do not so appear, the Commissioner may proceed m their absence.
PROCEEDING BY OR AGAINST MINORS AND PERSON OF UNSOUND
MIND
63. Every application by a minor shall be filed in his name by a person acting as the guardian of the minor.
64. Where the non-applicant is a minor the Revenue Office, on being satisfied of the fact of his minority, shall appoint a proper person to be the guardian of such minor for the purpose of the proceedings.
65. Any person who is of sound mind and has attained majority and whose interest is not adverse to that of the minor may act as guardian for a minor party in the proceedings.
66. In the case where a non-applicant is a minor and the guardian appointed has no funds to meet the necessary expenses, the Revenue Officer may direct the applicant to deposit a sufficient sum for the purpose. The costs so incurred by the applicant shall be adjusted in accordance with the final order passed in respect of the costs.
67. (1) No guardian shall, without the leave of the Revenue Officer, expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the proceedings in which he acts as his guardian.
(2) Any such agreement or compromise entered into without the leave of the Revenue officer so recorded, shall be voidable against all parties other than the minor.
68. The provisions contained in rules 63 to 67, shall apply mutatis mutandis to persons of unsound mind.
(1. Inserted by C.G. Act No. 13 of 2012, w.e.f. 4-5-2012.)
