Sec 59 to 73 Chapter VIII (Management of Land and Other Properties by Gram Panchayat or Other Local Authority )Uttar Pr

59. Entrustment of land etc. to Gram Panchayats and other local authorities.-

(1) The State Government may, by general or special order to be published in the manner prescribed, entrust all 25or any of the things specified in subsection (2), which vest in the State Government, to a Gram Panchayat or other local authority for the purposes of superintendence, preservation, management and control in accordance with the provisions of this Code.

(2) The following things may be entrusted to a Gram Panchayat or other local authority under sub section (1), namely-

(i) lands, whether cultivable or otherwise, except land for the time being comprised in any holding or grove;

(ii) grove standing on the Gram Panchayat land, pasture land, graveyard, cremation ground, manure pits, Khaliyans, Chakroads, link roads, sector roads, land in river bed, road, Sadak Khanti, Sullage farm;

(iii) forests and fisheries;

(iv) trees, other than trees in a holding or on the boundary of a holding or in a grove or abadi, or any trees on unoccupied land;

(v) hats, bazaars, melas, tanks, ponds, water-channels, private ferries, pathways and abadi sites; (vi) subject to the provisions of the Treasure Trove Act, 1878, any properties specified in section 55 and belonging to the State Government.

(3) Every land and other thing-

(a) vested in a Gram Panchayat or any other local authority under the provisions of the Uttar Pradesh Consolidation of Holdings Act, 1953, or the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960;

(b) placed under the charge of a Gram Panchayat or any other local authority under any of the enactments repealed by this Code;

(c) otherwise coming into possession of a Gram Panchayat or other local authority, either before or after the commencement of this Code; shall be deemed to be entrusted to such Gram Panchayat or other local authority, as the case may be, with effect from the date of commencement of this Code or from the date of such coming into its possession, for the purpose of superintendence, preservation, management and control, in accordance with the provisions of this Code.

(4) The State Government may, by a subsequent order to be published in the manner prescribed,-

['(a)] (a) add to, amend, vary or rescind any earlier order issued under sub-section(1) (ii) convert any land entrusted or deemed to be entrusted or transferred to any Gram Panchayat or local authority, which is not covered under sub-section (1) of section 77 to a land covered under sub-section (1) of section 77.

(b) transfer to any other Gram Panchayat or other local authority, any land or other thing entrusted or deemed to be entrusted under sub-section (1) or subsection (3) for superintendence, preservation, management and control;

[¹ (c)] (i) resume any land or other thing so entrusted or deemed to be entrusted, or transferred to any Gram Panchayat or local authority on such terms and conditions as prescribed;

(ii) add to, amend, vary or rescind any earlier order issued under clause(i)

(d) impose conditions and restrictions subject to which the powers of superintendence, preservation, management and control under this section shall be exercised.

(5) Where any of the things specified in sub-section (2) has been entrusted or deemed to have been entrusted to a Gram Panchayat, and the village or any part thereof in which such things are situated lies outside the circle of the Gram Panchayat, such Gram Panchayat or its Bhumi Prabandhak Samiti shall, subject to any general or special order issued by the State Government in this behalf, perform, discharge and exercise the functions, duties and powers assigned, imposed or conferred by or under this Code or the U.P. Panchayat Raj Act, 1947 on a Gram Panchayat or a Bhumi Prabandhak Samiti as if that village or part also lay within that circle.

(6) Where any of the things specified under sub-section (2) has been entrusted or deemed to be entrusted to a local authority other than the Gram Panchayat, the provisions of this Chapter shall mutatis mutandis apply to such local authority.

[²Explanation]:

For the purpose of this section the word “Local Authority” includes kshettra Panchayat, Zila Panchayat, Town area, Notified Area, Cantonment Area, Nagar Panchayat, Nagar Palika, Nagar Mahapalika, Nagar Nigam, Noida Vikas Pradhikaran, Greater Noida Vikas Pradhikaran, Yamuna Expressway Vikas Pradhikaran or any Industrial township decleared as an industrial development area under the Uttar Pradesh Industrial Area Development act, 1976 under artical 243-Q of the Constitution of India.

60. Superintendence, management and control by Bhumi Prabandhak Samiti. -

(1) Subject to the provisions of this Code, every Bhumi Prabandhak Samiti shall be charged, for and on behalf of the Gram Panchayat, with the superintendence, preservation, management and control of all land and other things entrusted or deemed to be entrusted to that Gram Panchayat under section 59 or over which such Gram Panchayat is entitled to take possession under this Code or any other law for the time being in force.

(a) the settlement and management of land;

[¹(b)] the preservation, maintenance and development of forests, trees and pastures.

(c) the maintenance and development of abadi sites and village communications;

(d) the management of hats, bazaars and melas;

(e) the maintenance and development of fisheries and tanks;

(f) the development of cottage industries;

(g) the development and improvement of agriculture;

(h) the conduct and prosecution of suits and proceedings by or against the Gram Panchayat; and

(i) such other matters as may be prescribed.

61. Management of village tanks.-

Where a tank in any village is entrusted or deemed to be entrusted to any Gram Panchayat under section 59, then, notwithstanding anything contained in any contract or grant or and law for the time being in force, its management by such Gram Panchayat shall be regulated by the following conditions, namely:-

(a) where the area of the tank measures 0.5 acre or less, it shall be reserved for public use by the inhabitants of the village;

(b) where the area of the tank exceeds 0.5 acres, the Bhumi Prabandhak Samiti shall, with the previous approval of the Sub-Divisional Officer, let it out in the manner prescribed.

Explanation. -

For the purpose of this section, the term ‘tank’, includes talab, pond, pokhar and other land covered with water.

62. Conduct of suits and legal proceedings.-

(1) Subject to the provisions of sub-section (2) and such other conditions as may be prescribed, the Chairman or such members of the Bhumi Prabandhak Samiti as may be authorised in this behalf by such Samiti, may sign any document and do all other things for the proper conduct and prosecution of suits and other proceedings for and on behalf of the Gram Panchayat.

(2) No suit or other proceedings to which any Gram Panchayat is a party shall becompromised or withdrawn on behalf of such Gram Panchayat, unless such compromise or withdrawal is approved by a resolution of the Bhumi Prabandhak Samiti and prior sanction of the Sub-Divisional Officer is obtained.

63. Land which may be allotted for abadi sites.-

(1) The Sub-Divisional Officer may of his own motion or on the resolution of the Bhumi Prabandhak Samiti earmark the following classes of land for the provision of abadi sites for allotment to persons specified in section 64:-

(a) all lands entrusted or deemed to be entrusted to a Gram Panchayat under clause (i) of sub section (2) of section 59;

(b) all lands coming into possession of Gram Panchayat under any other provisions of this Code.

(2) Notwithstanding anything contained in any other provision of this Code or in the U-P. Panchayat Raj Act, 1947, the Bhumi Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer, allot the following classes of land for the purposes of building houses:-

(a) any vacant land referred to in sub-section (1);

(b) any land earmarked for abadi sites under the Uttar Pradesh Consolidation of Holdings Act, 1953;

(c) any land acquired under the provisions of Land Acquisition Act, 1894 (Act No.1 of 1894) and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013).

64. Allotment of abadi sites.-

(1) The following order of preference shall be observed in making allotment of land referred to in section 63:-

(a) an agricultural labourer or a village artisan residing in the Gram Sabha and belonging to a scheduled caste or scheduled tribes or other backward classes or a person of general category living below poverty line as determined by the State Government;

(b) any other agricultural labourer or a village artisan residing in the Gram Sabha;

(c) any other person residing in the Gram Sabha and belonging to a scheduled caste or scheduled tribe or other Backward Classes or a person of general category living below poverty line as determined by the State Government:

Provided that preference will be given to widow and physically handicapped person within same category.

Explanation.-

For the purposes of this sub-section-

(one) “other backward class” means the backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (U.P. Act No.4 of 1994);

(two) “person of general category living below poverty line” means such persons as may be determined from time to time by the State Government.

(2) In making an allotment under this section, preference shall be given to a person who either holds no house or has insufficient accommodation considering the requirements of his family.

(3) Every land allotted under this section shall be held by the allottee on such terms and conditions as may be prescribed:

Provided that if the allottee is a married man and his wife is alive, she shall be co-allottee of equal share in the land so allotted.

65. Delivery of possession to allottee.-

(1) Where any land referred to in section 63 has been allotted for building a house under section 64, and any person other than an allottee is in occupation of such land in contravention of the provisions of this Code, the Sub-Divisional Officer may, of his own motion and shall, on the application of the allottee, put the allottee in possession of such land, and may, for that purpose, use or cause to be used such force as he may consider necessary.

(2) Where any person, after being evicted under this section, reoccupies the land or any part thereof, without lawful authority, he shall be punished with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousand rupees:

Provided that the Court convicting the accused may, while passing the sentence, direct that the whole or such portion of the fine that may be recovered as the court considers proper be paid to the allottee as damages for use and occupation.

(3) Where in any proceeding under sub-section (2), the Court, at any stage after cognizance of the case has been taken, is satisfied by affidavit or otherwise that-

(a) the accused is in occupation of the land to which such proceeding relates, in contravention of the provisions of this Code, and

(b) the allottee is entitled to the possession of such land, the Court may, summarily, evict the accused from such land pending the final determination of the case, and may put the allottee in possession of such land.

(4) Where in any proceeding under sub-section (2), the accused is convicted, the interim order passed under sub-section (3) shall be confirmed by the Court.

(5) Where, in any proceeding under sub-section (2), the accused is acquitted or discharged and the Court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land, the Court shall, on the application of such person, direct that delivery of possession be made to him.

(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence under sub-section (2) may be tried summarily.

(7) For the purpose of speedy trial of offences under this section, the State Government may, in consultation with the High Court, by notification constitute special Courts each consisting of an officer not below the rank of Sub-Divisional Magistrate, who shall, subject to the provisions of the Code of Criminal Procedure,1973, exercise in relation to such offence, the powers of the Judicial Magistrate of the First Class.

(8) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No.2 of 1974), every offence punishable under sub-section (2) shall be cognizable and non-bailable.

66. Inquiry into irregular allotment of abadi sites.-

(1) The Collector may, of his own motion and shall, on the application of any person aggrieved by an allotment of land made under section 64, inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment, and thereupon, the right, title and interest of the allottee and of every other person claiming through him in the land allotted shall cease.

(2) No application under sub-section (1) shall be entertained, if it is made after the expiration of the period of three years from the date of allotment.

(3) Every order of the Collector made under this section shall, '[subject to the provisions of section 210], be final.

67. Power to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property.-

(1) Where any property entrusted or deemed to be entrusted under the provisions of this Code to a Gram Panchayat or other local authority is damaged or misappropriated, or where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of this Code and such land is occupied otherwise than in accordance with the said provisions, the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed.

(2) Where from the information received under sub-section (1) or otherwise, the Assistant Collector is satisfied that any property referred to in sub-section (1) has been damaged or misappropriated, or any person is in occupation of any land referred to in that sub-section in contravention of the provisions of this Code, he shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice be not recovered from him and why he should not be evicted from such land.

(3) If the person to whom a notice has been issued under sub-section (2) fails to show cause within the time specified in the notice or within such extended time as the Assistant Collector may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector may direct that such person shall be evicted from the land, and may, for that purpose, use or cause to be used such force as may be necessary, and may direct that the amount of compensation for damage or misappropriation of the property or for wrongful occupation, as the case may be, be recovered from such person as arrears of land revenue.

(4) If the Assistant Collector is of opinion that the person showing cause is not guilty of causing the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (2), he shall discharge the notice.

(5) Any person aggrieved by an order of the Assistant Collector under sub-section (3) or sub section (4), may within thirty days from the date of such order, prefer an appeal to the Collector.

(6) Notwithstanding anything contained in any other provision of this Code, and subject to the provisions of this section every order of the Assistant Collector under this section shall, subject to the provisions of sub-section (5) be final.

(7) The procedure to be followed in any action taken under this section shall be such as may be prescribed.

Explanation. -

For the purposes of this section, the word ‘land’ shall include the trees and buildings standing thereon.

67-A Certain house sites to be settled with existing owners thereof.-

(1) If any person referred to in sub-section (1) of section 64 has built a house on any land referred to in section 63 of this Code, not being land reserved for any public purpose, and such house exits on the November 29, 2012, the site of such house shall be held by the owner of the house on such terms and conditions as may be prescribed.

(2) Where any person referred to in sub-section (1) of section 64, has built a house on any land held by a tenure holder (not being a government lessee) and such house exits on November 29, 2000, the site of such house, notwithstanding anything contained in this Code, be deemed to be settled with the owner of such house by the tenure holder on such terms and conditions as may be prescribed.

Explanation. -

For the purpose of sub-section (2), a house existing on November 29, 2000, on any land held by a tenure holder, shall, unless the contrary is proved, be presumed to have been built by the occupant thereof and where the occupants are members of one family by the head of that family.

68. Gaon Fund.-

(1) All sums received under this Code by a Gram Sabha, Gram Panchayat or a Bhumi Prabandhak Samiti shall be credited to the Gaon Fund:

Provided that the amount of damages or compensation recovered under section 67 shall be credited to the Consolidated Gaon Fund.

(2) The Gaon Fund constituted under the enactments repealed by this Code and subsisting immediately before the commencement of such Code shall be deemed to have been constituted under this section.

(3) The Gaon Fund shall be operated in such manner and shall be applied for such purposes as may be prescribed.

69. Consolidated Gaon Fund.-

(1) There shall be established for each district, a Consolidated Gaon Fund to which the following amounts shall be credited, namely-

(a) The amount referred to in the proviso to sub-section (1) of section 68;

(b) All contributions received by the Collector under sub-section (2);

(c) Such other amounts as may be prescribed.

(2) Every Gram Panchayat in a district shall pay to the Collector annually such percentage, not exceeding twenty five, as the State Government may from time to time notify, of the total amount credited to the Gaon Fund under section 67, in the manner prescribed.

(3) The Consolidated Gaon Fund shall be operated by the Collector and may be applied for the following purposes namely-

(a) the payment of fees and allowances, if any, of the lawyers appointed under section 72;

(b) the payment of expenses incurred in connection with the conduct and prosecution of suits, applications or other proceedings by or against the Gram Panchayat or the Bhumi Prabandhak Samiti under this Code;

(c) '[the payment of expenses incurred on protection, preservation and development of lands of common utility]; and

(d) the payment of any other sum which the State Government may by general or special order declare to be an appropriate charge on such fund.

(4) The Consolidated Gaon Funds constituted under any of the enactments repealed by this Code and subsisting immediately before its commencement shall be deemed to have been constituted under this section.

(5) The State Government may, by notification in the gazette, direct that a Consolidated Gaon Fund shall be established also for each tahsil for the purpose and in the manner prescribed.

70. Orders and directions of the State Government and the Collector. -

(1) The State Government and, subject to its control, the Collector may issue such orders or directions to the Bhumi Prabandhak Samiti as may appear to be necessary for purposes of this Code.

(2) It shall be the duty of the Bhumi Prabandhak Samiti and its office bearers to forthwith carry out the orders and comply with the directions issued under sub section (1).

71. Alternative arrangement.-

If at any time the Collector is satisfied that-

(a) the Bhumi Prabandhak Samiti has failed without reasonable cause or excuse to discharge its duties or to perform the functions imposed or assigned to it by or under this Code; or

(b) circumstances have so arisen that the Bhumi Prabandhak Samiti is or may be rendered unable to discharge the duties or perform the functions imposed or assigned by or under this Code; or

(c) it is otherwise expedient or necessary to do so; he may, direct that the duties, powers and functions of such Bhumi Prabandhak Samiti under the Code, shall, notwithstanding anything contained in any other law for the time being in force, be discharged, exercised and performed by an officer not below the rank of a Naib-Tahsildar and for such period and subject to such restrictions as may be specified:

Provided that reasonable opportunity of hearing shall be given to the Bhumi Prabandhak Samiti before issuing any direction under this section.

72. Standing Counsel and other lawyers.—

(1) The State Government may, on such terms and conditions and in such manner as may be prescribed, appoint-

(a) one or more Standing Counsel (Revenue) each at Allahabad High Court and Lucknow Bench thereof;

(b) one or more Standing Counsel (Revenue) each for Board of Revenue Allahabad and Lucknow;

[C] one or more Divisional Government Counsel (Revenue) for the divisional head-quarters who shall also look after the work related to Circuit Courts of the Board, (wherever Circuit Courts exist at Division level); and

(d) one District Government Counsel (Revenue) and one or more Additional District Government Counsel (Revenue) for the district head-quarter.

(2) The Collector may, on such terms and conditions and in such manner as may be prescribed appoint not more than two Panel Lawyers (Revenue) for every tahsil.

(3) Subject to the provisions of sub-section (2) of section 62, the legal practitioners appointed under sub-section (1) or sub-section (2) may plead or act, without any written authority, on behalf of any Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti in any Court or authority for which he is so appointed.

(4) No Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti shall engage any legal practitioner other than one appointed under this section without prior permission of the Collector.

(5) Notwithstanding anything contained in the Court Fees Act 1870 (Act No.7 of 1870) no Court fee shall be payable on any vakalatnama or memo of appearance filed by any legal practitioner appointed under this section.

(6) The legal practitioners appointed under this section shall not be competent to plead or act against any Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti before any Court for which he is so appointed.

(7) The State Government may, by notification in the gazette, issue any direction, for monitoring of cases filed by or against Gram Panchayat, Gram Sabha or Bhumi Prabandhak Samiti and performance based annual appraisal of Panel Advocates appointed under this Code or the enactments repealed by it, and also for appointing any law officer for the aforesaid purpose.

73. Representation of Gram Panchayat.-

(1) In any suit or other proceedings under this Code, the Gram Panchayat shall be represented-

(a) in proceeding before the Collector or in a Civil Court, by the District Government Counsel (Revenue);

(b) in proceeding before the Commissioner, by the Divisional Government Counsel (Revenue), and;

(c) in proceeding before the Board or the High Court by the separate Standing Counsel (Revenue) of Lucknow or Allahabad, as the case may be.

(2) Nothing in this chapter shall preclude the State Government or the Collector from appointing special counsel for the conduct of any suit or proceeding to which any Gram Panchayat is party on such terms and conditions as may be prescribed.