UTTAR PRADESH REVENUE CODE, 2006

PREAMBLE

What is the subject matter of the Uttar Pradesh Revenue Code, 2006?

Consolidation and amendment of the law relating to land tenures and land revenue in Uttar Pradesh.

What is the Act number of the Uttar Pradesh Revenue Code, 2006?

Uttar Pradesh Act No. 8 of 2012.

What amendment is referred to in relation to the Uttar Pradesh Revenue Code, 2006?

Amendment by U.P. Ordinance No. 4 of 2015.

What correction notification is referred to in relation to the Uttar Pradesh Revenue Code, 2006?

Notification No. 1662 dated 18 December, 2015.

CHAPTER—I

PRELIMINARY

What is the subject matter of Section 1 of the Uttar Pradesh Revenue Code, 2006?

Short title, extent and commencement.

What is the short title of the Act under Section 1(1)?

This Act may be called the Uttar Pradesh Revenue Code, 2006.

To what area does the Code extend under Section 1(2)?

It extends to the whole of Uttar Pradesh.

How does the Code come into force under Section 1(3)?

It shall come into force on such date as the State Government may, by notification, appoint.(11-02-26)

What power is conferred upon the State Government under Section 1(3) regarding commencement?

The State Government may appoint different dates for different areas or for different provisions of the Code.

What is the subject matter of Section 2 of the Uttar Pradesh Revenue Code, 2006?

Applicability of the Code.

To what area do the provisions of the Code apply under Section 2?

The provisions of the Code, except Chapters VIII and IX, apply to the whole of Uttar Pradesh.

What exception regarding applicability is provided in Section 2?

Chapters VIII and IX do not apply to the whole of Uttar Pradesh.

To what areas do Chapters VIII and IX apply under Section 2?

Chapters VIII and IX apply to the areas to which the enactments specified at serial numbers 19 and 25 of the First Schedule were applicable immediately preceding their repeal by the Code.

With reference to what date is the applicability of the enactments determined under Section 2?

The applicability is determined with reference to the date immediately preceding their repeal by the Code.

What is the subject matter of Section 3 of the Uttar Pradesh Revenue Code, 2006?

Extension of the Code to new areas.

Under what circumstance does Section 3(1) apply?

Section 3(1) applies where after the commencement of the Code any area is added to the territory of Uttar Pradesh.

What power is conferred upon the State Government under Section 3(1)?

The State Government may, by notification, extend the whole or any provision of the Code to the area added to the territory of Uttar Pradesh.

What is the effect of a notification issued under Section 3(1) on inconsistent laws under Section 3(2)?

The provisions of any Act, rule or regulation in force in the area which are inconsistent with the provisions so applied shall be deemed to have been repealed.

To which laws does the deeming repeal under Section 3(2) apply?

The deeming repeal applies to any Act, rule or regulation in force in the concerned area which is inconsistent with the provisions applied under Section 3(1).

What power is conferred upon the State Government under Section 3(3)?

The State Government may, by a subsequent notification, amend, modify or alter any notification issued under Section 3(1).

What is the subject matter of Section 4?

Definitions.

What is meant by “abadi” or “village abadi” under Section 4(1)?

It means an area in a village used for residence of inhabitants or ancillary purposes such as sahan, green trees and wells, or reserved for such use.

What is included within “agriculture” under Section 4(2)?

Agriculture includes horticulture, animal husbandry, pisciculture, flower farming, bee keeping and poultry farming.

Who is an “agricultural labourer” under Section 4(3)?

A person whose main source of livelihood is manual labour on agricultural land.

How is “bank” defined under Section 4(4)?

It has the meaning assigned in the Uttar Pradesh Regulation of Money Lending Act, 1976.

What is “Bhumi Prabandhak Samiti” under Section 4(5)?

It means a Bhumi Prabandhak Samiti constituted under section 28-A of the U.P. Panchayat Raj Act, 1947.

What is the “Board” under Section 4(6)?

It means the Board of Revenue constituted or deemed constituted under section 7.

What is a “charitable institution” under Section 4(7)?

It means any establishment, undertaking, organization or association formed for a charitable purpose and includes a specific endowment.

Who is a “Collector” under Section 4(8)?

A Collector is an officer appointed by the State Government under section 12(1).

Who is included within the meaning of “Collector” under Section 4(8)(a)?

An Additional Collector appointed under section 12(2) is included.

Who is included within the meaning of “Collector” under Section 4(8)(b)?

An Assistant Collector of the first class empowered by notification to discharge functions of a Collector is included.

What is “Consolidated Gaon Fund” under Section 4(9)?

It means the Consolidated Gaon Fund constituted under section 69.

What is meant by “family” in relation to a tenure-holder under Section 4(10)?

Family includes the tenure-holder, spouse, minor sons, minor daughters other than married daughters, and third gender minor issue.

Who is excluded from the meaning of spouse under Section 4(10)?

A judicially separated wife, husband or third gender spouse is excluded.

What does “Third Gender” mean under the Explanation to Section 4(10)?

It means a person of a gender different from male or female gender.

What additional persons are included in “family” when the transferee is a minor under the proviso to Section 4(10)?

The parents of the minor transferee are included.

What is “grove land” under Section 4(11)?

Grove land means a specific part of land in a holding having trees planted in such manner that they preclude or when full grown will preclude the land from being primarily used for any other purpose.

Which plants are excluded from “grove land” under Section 4(11)?

Papaya and banana plants are excluded.

What constitutes a grove under Section 4(11)?

Trees planted on such land constitute a grove.

What is a “holding” under Section 4(12)?

Holding means a parcel of land held under one tenure, lease, engagement or grant.

What is meant by “improvement” in relation to a holding under Section 4(13)?

Improvement means any work materially adding value to the holding, suitable thereto and consistent with its purpose.

What water-related works are included within “improvement” under Section 4(13)(i)?

Construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes.

What drainage-related works are included within “improvement” under Section 4(13)(ii)?

Construction of works for drainage of land or protection from floods, erosion or water damage.

What land development works are included within “improvement” under Section 4(13)(iii)?

Planting of trees, reclaiming, clearing, enclosing, leveling or terracing of land.

What buildings are included within “improvement” under Section 4(13)(iv)?

Buildings erected on or near the holding outside an abadi or urban area for convenient or profitable use of the holding.

What reconstruction works are included within “improvement” under Section 4(13)(v)?

Renewal, reconstruction, alteration or additions to the specified works are included.

What is “land” under Section 4(14)?

Land means land held or occupied for purposes connected with agriculture.

What exception is provided in the definition of “land” under Section 4(14)?

The definition does not apply to Chapters VII and VIII and sections 80, 81 and 136.

Who is a “land holder” under Section 4(15)?

Land holder means the person to whom rent is or would be payable.

What is a “Revenue Court” under Section 4(16)?

Revenue Court means authorities such as the Board, Commissioners, Collectors, Settlement Officers, Tahsildars and other specified revenue officers.

Who are included within “Revenue Court” under Section 4(16)?

The Board, Commissioners, Additional Commissioners, Collectors, Additional Collectors, Chief Revenue Officers, Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant Record Officers, Tahsildars, Tahsildars (Judicial) and Naib Tahsildars are included.

What is a “Revenue Officer” under Section 4(17)?

Revenue Officer includes the Commissioner, Additional Commissioner, Collector, Additional Collector, Chief Revenue Officer, Sub-Divisional Officer, Assistant Collector, Settlement Officer, Assistant Settlement Officer, Record Officer, Assistant Record Officer, Tahsildar, Tahsildar (Judicial), Naib Tahsildar and Revenue Inspector.

Who is a “Sub-Divisional Officer” under Section 4(18)?

The Assistant Collector in charge of the Tahsil.

What is “taungya plantation” under Section 4(19)?

It is a system of afforestation where plantation of trees is initially carried on simultaneously with cultivation of agricultural crops until tree canopy prevents cultivation.

What is a “village” under Section 4(20)?

A village means any local area recorded as a village in district revenue records.

Can the State Government declare an area as a village under Section 4(20)?

Yes, the State Government may by general or special notification declare an area to be a village.

Who is a “village artisan” under Section 4(21)?

A person whose main livelihood is manufacture or repair of traditional agricultural tools, implements or related articles.

Which occupations are included within “village artisan” under Section 4(21)?

Carpenter, weaver, potter, blacksmith, silversmith, goldsmith, barber, washerman, cobbler and similar craftsmen are included.

How are “Gaon Fund”, “Gram Sabha” and “Gram Panchayat” interpreted under Section 4(22)?

They have the meanings assigned in the U.P. Panchayat Raj Act, 1947.

What is an “agricultural year” under Section 4(23)?

An agricultural year begins on 1st July and ends on 30th June of a calendar year.

What is another name for “agricultural year” under Section 4(23)?

It is also characterized as “fasli year”.

Who is an “intermediary” under Section 4(24)?

Intermediary includes proprietor, under-proprietor, sub-proprietor, thekadar, permanent lessee in Avadh and permanent tenure-holder of an estate.

What is included within “lease” under Section 4(25)?

Lease includes a sub-lease, prospecting lease and agreement to lease or sublet in relation to mines and minerals.

How shall “lessee” be construed under Section 4(25)?

Lessee shall be construed in accordance with the inclusive definition of lease.

What is a “decree” under Section 4(26)?

Decree has the meaning assigned in section 2 of the Code of Civil Procedure, 1908.

What is meant by “State Government” under Section 4(27)?

State Government means the State Government of Uttar Pradesh.

What is meant by “Central Government” under Section 4(28)?

Central Government has the meaning assigned in section 3 of the General Clauses Act, 1897.

What is a “Minjumla number” under Section 4(29)?

Minjumla number means a shajra number denoting a component part of a field theoretically partitioned but not physically partitioned.

CHAPTER—II

REVENUE DIVISIONS

What is the subject matter of Section 5 of the Uttar Pradesh Revenue Code, 2006?

Division of State into revenue areas.

For what purpose is the State divided into revenue areas under Section 5?

The State is divided into revenue areas for the purposes of the Code.

What do the revenue areas comprise under Section 5?

The revenue areas comprise of divisions.

What may a division consist of under Section 5?

A division may consist of two or more districts.

What may a district consist of under Section 5?

A district may consist of two or more Tahsils.

What may a Tahsil consist of under Section 5?

A Tahsil may consist of one or more parganas.

What may a pargana consist of under Section 5?

A pargana may consist of two or more villages.

What is the subject matter of Section 6 of the Uttar Pradesh Revenue Code, 2006?

Constitution of revenue areas.

What power is conferred upon the State Government under Section 6(1)?

The State Government may, by notification, specify the districts constituting a division, the tahsils constituting a district and the villages constituting a tahsil.

What may the State Government specify under Section 6(1)(i)?

The districts which constitute a division.

What may the State Government specify under Section 6(1)(ii)?

The tahsils which constitute a district.

What may the State Government specify under Section 6(1)(iii)?

The villages which constitute a tahsil.

What power is conferred upon the State Government under Section 6(2)?

The State Government may, by notification, alter the limits of any revenue area by amalgamation, re-adjustment, division or in any other manner whatsoever, or abolish, name or alter the name of any such revenue area.

What is the effect of renaming a revenue area under Section 6(2)?

All references in any law, instrument or other document to the area under its original name shall be deemed to be references to the area as renamed unless expressly provided otherwise.

What procedure is required before altering the limits of any revenue area under the proviso to Section 6(2)?

The State Government shall publish the proposal in the prescribed manner for inviting objections and shall take into consideration any objection to such proposal.

What authority is empowered under Section 6(3) to arrange villages into Lekhpal circles?

The Collector is empowered to arrange villages in a tahsil into Lekhpal circles.

What authority is empowered under Section 6(3) to arrange Lekhpal circles into Revenue Inspector circles?

The Collector is empowered to arrange Lekhpal circles into Revenue Inspector circles.

What additional specification may the Collector make under Section 6(3)?

The Collector may specify the headquarters of each Revenue Inspector within his circle.

In what manner is the Collector’s order under Section 6(3) required to be published?

The order shall be published in the prescribed manner.

What is the status of existing divisions, districts, tahsils, parganas, Revenue Inspector circles, Lekhpal circles and villages under Section 6(4)?

They shall, until altered under the preceding sub-sections, be deemed to be the revenue areas specified under Section 6.

What revenue areas are covered by the deeming provision under Section 6(4)?

Divisions, districts, tahsils, parganas, Revenue Inspector circles, Lekhpal circles and villages existing at the commencement of the Code.

CHAPTER III

BOARD AND THE REVENUE OFFICERS

What is the subject matter of Section 7 of the Uttar Pradesh Revenue Code, 2006?

Board of Revenue.

What authority is constituted under Section 7(1)?

A Board of Revenue for Uttar Pradesh shall be constituted.

Who shall constitute the Board of Revenue under Section 7(1)?

The Board shall consist of a Chairman and such other members as the State Government may, from time to time, appoint.

What discretion is conferred upon the State Government under Section 7(1) regarding members of the Board?

The State Government may, from time to time, appoint such other members of the Board as it considers necessary.

What is the effect of the proviso to Section 7(1)?

The Board constituted and functioning immediately before the commencement of the Code shall be deemed to be the Board constituted under Section 7.

What qualification is prescribed for appointment as an Administrative Member under Section 7(3)(a)?

A person shall not be qualified unless he has held an office not lower in rank than that of a Commissioner.

What qualification is prescribed for appointment as a Judicial Member under Section 7(3)(b)?

A person shall not be qualified unless he has held an office not below the rank of a Collector.

What power is conferred upon the State Government under Section 7(4)?

The State Government may, at the time of appointment or at any time thereafter, designate any member as Judicial Member of the Board.

What business shall be allotted to a Judicial Member designated under Section 7(4)?

A Judicial Member shall be allotted only judicial business.

What is the subject matter of Section 8 of the Uttar Pradesh Revenue Code, 2006?

Jurisdiction of the Board.

What status is conferred upon the Board under Section 8(1)?

The Board shall be the Chief Controlling Authority.

In what matters is the Board the Chief Controlling Authority under Section 8(1)(a)?

In all matters relating to disposal of cases, appeals or revisions.

In what matters is the Board the Chief Controlling Authority under Section 8(1)(b)?

Subject to the superintendence, direction and control of the State Government, in all other matters provided in the Code.

To what is the authority of the Board under Section 8(1)(b) subject?

The authority is subject to the superintendence, direction and control of the State Government.

What powers and duties are exercisable by the Board under Section 8(2)?

The Board shall exercise, perform and discharge powers, functions and duties conferred upon it by or under the Code or any other law for the time being in force.

To what is the exercise of powers by the Board under Section 8(2) subject?

The exercise of powers is subject to the provisions of Section 8(1).

What power is conferred upon the State Government under Section 8(3)?

The State Government may authorise any member of the Board to exercise, perform and discharge all or any of the powers, functions and duties conferred or imposed on the Board.

In what manner may authorisation be granted under Section 8(3)?

The authorisation may be granted either generally or in respect of any particular locality or matter.

What is the subject matter of Section 9 of the Uttar Pradesh Revenue Code, 2006?

Power to distribute business.

To what is the power of the Board to distribute business under Section 9(1) subject?

The power is subject to such rules or orders as the State Government may make or issue.

What power is conferred upon the Board under Section 9(1)?

The Board may distribute its business amongst its members as the Board may deem fit.

What power is conferred upon the Chairman under Section 9(1)?

The Chairman may constitute bench or benches consisting of more than one member for disposal of a particular case or class of cases.

For what purpose may benches be constituted under Section 9(1)?

Benches may be constituted for disposal of a particular case or class of cases.

What is the effect of orders made or decrees passed by a member under Section 9(2)?

All orders made or decrees passed by a member in accordance with such distribution shall be deemed to be orders or decrees of the Board.

Under what condition shall orders or decrees of a member be deemed to be those of the Board under Section 9(2)?

The orders or decrees must be made or passed in accordance with the distribution of business.

What is the subject matter of Section 10 of the Uttar Pradesh Revenue Code, 2006?

Decisions of the Board.

To what proceedings does Section 10(1) apply?

Section 10(1) applies where any proceeding coming under the consideration of the Board on appeal or in revision is heard by a Bench composed of two or more members.

How shall a case be decided under Section 10(1)?

The case shall be decided in accordance with the opinion of such members or of the majority, if any, of such members.

What happens when members of a Bench are equally divided in opinion under Section 10(2)?

The case shall be heard by a larger Bench to be constituted by the Chairman.

Who is empowered to constitute a larger Bench under Section 10(2)?

The Chairman is empowered to constitute a larger Bench.

How shall a case be decided by a larger Bench under Section 10(2)?

The case shall be decided in accordance with the opinion of the members constituting such Bench or of the majority, if any, of such members.

What decisions are deemed to be decisions of the Board under Section 10(3)?

Decisions given by a member sitting singly, by a Division Bench comprising two members or by a larger Bench constituted under Section 10(2) shall be deemed to be decisions of the Board.

What is the subject matter of Section 11 of the Uttar Pradesh Revenue Code, 2006?

Commissioners and Additional Commissioners.

What duty is imposed upon the State Government under Section 11(1)?

The State Government shall appoint in each division a Commissioner.

What powers are exercisable by a Commissioner under Section 11(1)?

The Commissioner shall exercise within his division the powers and discharge the duties conferred and imposed on a Commissioner by or under the Code or any other law for the time being in force.

What authority does a Commissioner exercise under Section 11(1)?

The Commissioner shall exercise authority over all the revenue officers in his division.

What power is conferred upon the State Government under Section 11(2)?

The State Government may appoint one or more Additional Commissioners in one or more divisions.

What powers may an Additional Commissioner exercise under Section 11(3)?

An Additional Commissioner shall exercise such powers and discharge such duties of Commissioner in such cases or classes of cases as directed.

Who may direct the powers and duties of an Additional Commissioner under Section 11(3)?

The State Government or, in the absence of any direction from the State Government, the Commissioner of the division may direct.

What is the effect of Section 11(4) on the applicability of laws to an Additional Commissioner?

The provisions of the Code and every other law applicable to a Commissioner shall apply to the Additional Commissioner as if he were the Commissioner of the division.

Under what condition do the provisions applicable to a Commissioner apply to an Additional Commissioner under Section 11(4)?

They apply when the Additional Commissioner is exercising powers or discharging duties under Section 11.

What power is conferred upon the State Government under Section 11(5)?

The State Government may designate any Additional Commissioner as Additional Commissioner (Judicial) at the time of appointment or at any time thereafter.

What business shall be allotted to an Additional Commissioner (Judicial) under Section 11(5)?

An Additional Commissioner (Judicial) shall be allotted only judicial business.

What powers may an Additional Commissioner (Judicial) exercise under Section 11(5)?

An Additional Commissioner (Judicial) shall exercise such powers and discharge such duties of Commissioner in such cases or classes of cases as directed.

Who may direct the powers and duties of an Additional Commissioner (Judicial) under Section 11(5)?

The State Government or, in the absence of any direction from the State Government, the Commissioner of the division may direct.

What is the subject matter of Section 12 of the Uttar Pradesh Revenue Code, 2006?

Collectors and Additional Collectors.

What duty is imposed upon the State Government under Section 12(1)?

The State Government shall appoint in each district a Collector.

What position does the Collector hold under Section 12(1)?

The Collector shall be in-charge of the revenue administration of the district.

What powers are exercisable by a Collector under Section 12(1)?

The Collector shall exercise all the powers and discharge all the duties conferred and imposed on a Collector by or under the Code or any other law for the time being in force.

What power is conferred upon the State Government under Section 12(2)?

The State Government may appoint one or more Additional Collectors in a district.

To what is the exercise of powers by an Additional Collector under Section 12(3) subject?

The exercise of powers is subject to the direction and control of the State Government or of the Collector.

What powers may an Additional Collector exercise under Section 12(3)?

An Additional Collector shall exercise all powers and discharge all duties of Collector.

What is the effect of Section 12(4) on the applicability of laws to an Additional Collector?

The provisions of the Code and every other law applicable to the Collector shall apply to the Additional Collector as if he were the Collector of the district.

Under what condition do the provisions applicable to a Collector apply to an Additional Collector under Section 12(4)?

They apply when the Additional Collector is exercising powers or discharging duties under Section 12.

What power is conferred upon the State Government under Section 12(5)?

The State Government may designate any Additional Collector as Additional Collector (Judicial) at the time of appointment or at any time thereafter.

What business shall be allotted to an Additional Collector (Judicial) under Section 12(5)?

An Additional Collector (Judicial) shall be allotted only judicial business.

What powers may an Additional Collector (Judicial) exercise under Section 12(5)?

An Additional Collector (Judicial) shall exercise such powers and discharge such duties of Collector in such cases or classes of cases as directed.

Who may direct the powers and duties of an Additional Collector (Judicial) under Section 12(5)?

The State Government or, in the absence of any direction from the State Government, the Collector of the district may direct.

What is the subject matter of Section 13 of the Uttar Pradesh Revenue Code, 2006?

Sub-Divisional Officers and Additional Sub-Divisional Officers.

What power is conferred upon the State Government under Section 13(1)?

The State Government may appoint in each district as many persons as it thinks fit to be Assistant Collectors of the first or second class.

What power is conferred upon the State Government under Section 13(2)?

The State Government may place an Assistant Collector first class in-charge of one or more sub-divisions of a district.

What designation is given to an Assistant Collector first class placed in-charge of a sub-division under Section 13(2)?

Such officer shall be called the Assistant Collector first class in-charge of a sub-division or a Sub-Divisional Officer.

What powers and duties are exercisable by officers referred to in Section 13(1) and 13(2)?

They shall exercise all the powers and discharge all the duties conferred and imposed upon them by or under the Code or any other law for the time being in force.

To whose control are the officers referred to in Section 13(1) and 13(2) subject under Section 13(3)?

They are subject to the control of the Collector.

What power is conferred upon the State Government under Section 13(4)?

The State Government may designate an Assistant Collector first class appointed to a district to be an Additional Sub-Divisional Officer for one or more tahsils of the district.

What powers may an Additional Sub-Divisional Officer exercise under Section 13(5)?

The Additional Sub-Divisional Officer shall exercise such powers and discharge such duties of a Sub-Divisional Officer in such cases or classes of cases as directed.

To what is the exercise of powers by an Additional Sub-Divisional Officer under Section 13(5) subject?

The exercise of powers is subject to the provisions of the Code.

Who may direct the powers and duties of an Additional Sub-Divisional Officer under Section 13(5)?

The State Government or, in the absence of any direction from the State Government, the Collector may direct.

What power is conferred upon the State Government under Section 13(6)?

The State Government may designate any Assistant Collector first class as Sub-Divisional Officer (Judicial) for one or more tahsils at the time of appointment or at any time thereafter.

What business shall be allotted to a Sub-Divisional Officer (Judicial) under Section 13(6)?

A Sub-Divisional Officer (Judicial) shall be allotted only judicial business.

What powers may a Sub-Divisional Officer (Judicial) exercise under Section 13(6)?

A Sub-Divisional Officer (Judicial) shall exercise such powers and discharge such duties of a Sub-Divisional Officer in such cases or classes of cases as directed.

Who may direct the powers and duties of a Sub-Divisional Officer (Judicial) under Section 13(6)?

The State Government or, in the absence of any direction from the State Government, the Collector may direct.

What is the subject matter of Section 14 of the Uttar Pradesh Revenue Code, 2006?

Tahsildars and Tahsildars Judicial.

What power is conferred upon the State Government under Section 14(1)?

The State Government may appoint in each district as many persons as it thinks fit to be Tahsildars and Tahsildar Judicial.

What powers may a Tahsildar exercise under Section 14(2)?

The Tahsildar shall exercise such powers and discharge such duties as directed under Section 14(2).

What powers may a Tahsildar Judicial exercise under Section 14(2)?

The Tahsildar Judicial shall exercise such powers and discharge such duties as directed under Section 14(2).

To what are the powers and duties of Tahsildar and Tahsildar Judicial under Section 14(2) subject?

The powers and duties are subject to the provisions of the Code.

Who may direct the powers and duties of Tahsildar and Tahsildar Judicial under Section 14(2)?

The State Government or the Board, and in the absence of any directions from the State Government or the Board, the Collector may direct.

What is the subject matter of Section 15 of the Uttar Pradesh Revenue Code, 2006?

Naib-Tahsildars.

What power is conferred upon the State Government under Section 15?

The State Government may appoint in each district as many persons as it thinks fit to be Naib-Tahsildars.

What powers may Naib-Tahsildars exercise under Section 15?

Naib-Tahsildars shall exercise the powers and perform the duties conferred or imposed on them by or under the Code or under any other law for the time being in force.

Under what laws may powers and duties be conferred upon Naib-Tahsildars under Section 15?

Powers and duties may be conferred or imposed under the Code or under any other law for the time being in force.

What is the subject matter of Section 16 of the Uttar Pradesh Revenue Code, 2006?

Revenue Inspectors and Lekhpals.

What power is conferred upon the Collector under Section 16(1)?

The Collector may appoint in each tahsil one or more Revenue Inspectors.

For what purposes may Revenue Inspectors be appointed under Section 16(1)?

Revenue Inspectors may be appointed for the proper supervision, maintenance and correction of the village records and for such other duties as the State Government may specify.

How may the State Government specify duties of Revenue Inspectors under Section 16(1)?

The State Government may specify such duties by general or special order from time to time.

What power is conferred upon the Collector under Section 16(2)?

The Collector may appoint in each tahsil as many Lekhpals as necessary.

For what purposes may Lekhpals be appointed under Section 16(2)?

Lekhpals may be appointed for the preparation, maintenance and correction of the village records and for such other duties as the State Government may specify.

How may the State Government specify duties of Lekhpals under Section 16(2)?

The State Government may specify such duties by general or special order from time to time.

What is the subject matter of Section 17 of the Uttar Pradesh Revenue Code, 2006?

Combination of Offices.

What power is conferred upon the State Government or competent authority under Section 17?

The State Government or the authority competent to appoint may appoint one and the same person to any two or more of the offices provided for in the Chapter.

What condition must be satisfied for appointment to multiple offices under Section 17?

The person must be otherwise competent according to law.

What additional power is conferred under Section 17 regarding officers?

The State Government or competent authority may confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers.

Within what limits may powers or duties be conferred under Section 17?

Powers or duties may be conferred within certain local limits or otherwise as deemed expedient.

What criterion governs the exercise of power under Section 17?

The power may be exercised as the State Government or competent authority may deem expedient.

What is the subject matter of Section 18 of the Uttar Pradesh Revenue Code, 2006?

Recovery of money, papers and other Government property.

In what cases may the Collector act under Section 18(1)?

The Collector may act where there is a claim outstanding on any revenue officer or any person formerly employed as such in his district for public money, papers or other property of the State Government in his charge.

What power is conferred upon the Collector under Section 18(1)?

The Collector may, by order and for reasons to be recorded, require the money, papers or property detained to be delivered.

To whom may money, papers or property be delivered under Section 18(1)?

The money, papers or property may be delivered either immediately to the bearer of the order or to such person as the order may specify.

What particulars may be specified in an order under Section 18(1)?

The order may specify the person, date and place for delivery of the money, papers or property.

What condition is required before passing an order under Section 18(1)?

Reasons for passing the order shall be recorded.

What consequence follows non-compliance with a direction under Section 18(2)?

The Collector shall impose a penalty of two hundred and fifty rupees for each day till the direction is complied with.

What is the maximum penalty imposable under Section 18(2)?

The total amount of penalty shall not exceed twenty-five thousand rupees.

What procedural safeguard is provided in the proviso to Section 18(2)?

The officer or other person shall be given a reasonable opportunity of hearing before any penalty is imposed.

What is the effect of Section 18(3) on prosecution or recovery proceedings?

Imposition of penalty under Section 18(2) shall not bar prosecution for any offence or recovery of money, papers and other Government property under any law for the time being in force.

What is the subject matter of Section 19 of the Uttar Pradesh Revenue Code, 2006?

Other power of Revenue Officers.

Who may exercise powers or discharge duties under Section 19(1)?

Any superior officer or authority may also exercise powers or discharge duties exercisable or dischargeable by any officer or authority under the Code.

What powers and duties are covered under Section 19(1)?

Powers exercisable or duties dischargeable by any officer or authority under the Code.

To what are the powers and duties of revenue officers under Section 19(2) subject?

The powers and duties are subject to the control of the State Government.

What additional powers and duties may revenue officers exercise under Section 19(2)?

Revenue officers may exercise such other powers and discharge such other duties as the State Government may direct.

How may the State Government direct additional powers and duties under Section 19(2)?

The State Government may direct by any general or special order.

CHAPTER IV

BOUNDARIES AND BOUNDARY MARKS

What is the subject matter of Section 20 of the Uttar Pradesh Revenue Code, 2006?

Fixation and demarcation of boundaries.

What boundaries are required to be fixed and demarcated under Section 20(1)?

Boundaries of all villages in the State and of all survey numbers in a village shall be fixed and demarcated by boundary marks.

How shall boundaries be fixed and demarcated under Section 20(1)?

Boundaries shall be fixed and demarcated by boundary marks.

To what are the specifications and construction of boundary marks under Section 20(2) subject?

The specifications and construction are subject to the provisions contained in the Chapter.

What may be prescribed regarding boundary marks under Section 20(2)?

The specifications of boundary marks and the manner in which they shall be constructed and maintained may be prescribed.

What is the subject matter of Section 21 of the Uttar Pradesh Revenue Code, 2006?

Obligation regarding maintenance and repair of boundary marks.

Who is responsible for maintenance and repair of boundary marks under Section 21(1)?

Every tenure-holder shall be responsible to maintain and repair at his cost the boundary marks lawfully erected in his holding or on the boundary thereof.

At whose cost shall a tenure-holder maintain and repair boundary marks under Section 21(1)?

The maintenance and repair shall be at the cost of the tenure-holder.

Which boundary marks are covered under Section 21(1)?

Boundary marks lawfully erected in the holding of the tenure-holder or on the boundary thereof.

Who is responsible for maintenance and repair of boundary marks under Section 21(2)?

The Gram Panchayat shall be responsible to maintain and repair at its cost the boundary marks other than those mentioned in Section 21(1).

At whose cost shall the Gram Panchayat maintain and repair boundary marks under Section 21(2)?

The maintenance and repair shall be at the cost of the Gram Panchayat.

Which boundary marks are covered under Section 21(2)?

Boundary marks, other than those mentioned in Section 21(1), lawfully erected in the villages situate within the jurisdiction of the Gram Panchayat.

What is the subject matter of Section 22 of the Uttar Pradesh Revenue Code, 2006?

Destruction etc. of boundary marks.

Under what circumstance does Section 22(1) apply?

Section 22(1) applies where any boundary mark lawfully erected in a Lekhpal circle is destroyed, removed or damaged.

What duty is imposed upon the concerned Lekhpal under Section 22(1)?

The concerned Lekhpal shall promptly report the matter to the Naib Tahsildar.

To whom shall the Lekhpal report destruction, removal or damage of boundary marks under Section 22(1)?

The report shall be made to the Naib Tahsildar.

What duty is imposed upon the Naib Tahsildar under Section 22(2)?

The Naib Tahsildar shall make an inquiry in respect of the report and submit his recommendation to the Sub-Divisional Officer.

To whom shall the Naib Tahsildar submit his recommendation under Section 22(2)?

The recommendation shall be submitted to the Sub-Divisional Officer.

What is the subject matter of Section 23 of the Uttar Pradesh Revenue Code, 2006?

Power to require erection, repair or renewal of boundary marks.

What power is conferred upon the Sub-Divisional Officer under Section 23(1)?

The Sub-Divisional Officer may require a Gram Panchayat or a tenure holder to erect, restore, repair or replace proper boundary marks.

On what basis may the Sub-Divisional Officer act under Section 23(1)?

The Sub-Divisional Officer may act on receipt of the recommendations of the Naib Tahsildar under Section 22 or otherwise.

In relation to whom may the Sub-Divisional Officer exercise powers under Section 23(1)?

The Sub-Divisional Officer may exercise powers in relation to a Gram Panchayat regarding a village and a tenure holder regarding his holding.

In what manner shall boundary marks be erected, restored, repaired or replaced under Section 23(1)?

Boundary marks shall be erected, restored, repaired or replaced in such manner as may be prescribed.

What consequence follows failure to comply with Section 23(1) under Section 23(2)?

The Sub-Divisional Officer may cause the boundary marks to be erected, restored, repaired or replaced.

From whom may the cost be recovered under Section 23(2)?

The cost may be recovered from the Gram Panchayat or the tenure holder.

In what manner may costs be recovered under Section 23(2)?

The costs shall be recovered in the manner prescribed.

What is the subject matter of Section 24 of the Uttar Pradesh Revenue Code, 2006?

Disputes regarding boundaries.

What power is conferred upon the Sub-Divisional Officer under Section 24(1)?

The Sub-Divisional Officer may decide by summary inquiry any dispute regarding boundaries.

How may the Sub-Divisional Officer initiate proceedings under Section 24(1)?

The Sub-Divisional Officer may act on his own motion or on an application made by a person interested.

On what basis shall disputes regarding boundaries be decided under Section 24(1)?

Disputes shall be decided on the basis of existing survey maps or revised maps prepared in accordance with the Uttar Pradesh Consolidation of Holdings Act, 1953.

What basis shall be adopted under Section 24(1) where decision on maps is not possible?

The boundaries shall be fixed on the basis of actual possession.

Under what circumstance does Section 24(2) apply?

Section 24(2) applies where the Sub-Divisional Officer is unable to satisfy himself as to which party is in possession or where possession has been obtained by wrongful dispossession of the lawful occupant.

What shall the Sub-Divisional Officer do under Section 24(2)(a) when unable to determine possession?

The Sub-Divisional Officer shall ascertain by summary inquiry who is the person best entitled to the property and shall put such person in possession.

What shall the Sub-Divisional Officer do under Section 24(2)(b) in case of wrongful dispossession?

The Sub-Divisional Officer shall put the dispossessed person in possession and shall then fix the boundary accordingly.

What power regarding use of force is conferred under Section 24(2)(b)?

The Sub-Divisional Officer may use or cause to be used such force as may be necessary for putting the dispossessed person in possession.

Within what period should proceedings under Section 24 be concluded under Section 24(3)?

Every proceeding under Section 24 shall, as far as possible, be concluded within three months from the date of the application.

Who may file an appeal under Section 24(4)?

Any person aggrieved by the order of the Sub-Divisional Officer may file an appeal.

Before whom shall an appeal lie under Section 24(4)?

The appeal shall lie before the Commissioner.

Within what period may an appeal be preferred under Section 24(4)?

The appeal may be preferred within thirty days from the date of the order.

What is the effect of the order of the Commissioner under Section 24(4)?

The order of the Commissioner shall be final.

What is the subject matter of Section 25 of the Uttar Pradesh Revenue Code, 2006?

Rights of way and other easements.

Under what circumstances may the Tahsildar decide a dispute under Section 25?

The Tahsildar may decide a dispute regarding the route by which a tenure holder or agricultural labourer shall have access to his land or village waste or pasture land or regarding the source from or course by which he may avail himself of irrigational facilities.

To whose access rights does Section 25 apply?

Section 25 applies to access rights of a tenure holder or an agricultural labourer.

What lands are covered under Section 25 regarding access disputes?

Access disputes relating to land or to the waste or pasture land of the village are covered.

What exception regarding access routes is provided under Section 25?

The dispute must relate to routes other than public roads, paths or common land.

What inquiry may the Tahsildar conduct under Section 25?

The Tahsildar may conduct such local inquiry as may be considered necessary.

With reference to what shall the Tahsildar decide disputes under Section 25?

The Tahsildar shall decide the matter with reference to the prevailing custom and with due regard to the convenience of all parties concerned.

What power is conferred upon the Tahsildar regarding obstacles under Section 25?

The Tahsildar may direct the removal of such obstacle.

What power regarding use of force is conferred upon the Tahsildar under Section 25?

The Tahsildar may use or cause to be used such force as may be necessary for removal of the obstacle.

From whom may the cost of removal be recovered under Section 25?

The cost of removal may be recovered from the person concerned.

In what manner may the cost of removal be recovered under Section 25?

The cost of removal shall be recovered in the manner prescribed.

What is the subject matter of Section 26 of the Uttar Pradesh Revenue Code, 2006?

Removal of obstacle.

Under what circumstance may the Tahsildar act under Section 26?

The Tahsildar may act if any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water.

What power is conferred upon the Tahsildar under Section 26?

The Tahsildar may direct the removal of the obstacle.

What types of places or facilities are protected under Section 26?

Public roads, paths, common land of a village, roads, water courses and sources of water are protected.

What power regarding use of force is conferred upon the Tahsildar under Section 26?

The Tahsildar may use or cause to be used such force as may be necessary for removal of the obstacle.

From whom may the cost of removal be recovered under Section 26?

The cost of removal may be recovered from the person concerned.

In what manner may the cost of removal be recovered under Section 26?

The cost of removal shall be recovered in the manner prescribed.

What is the subject matter of Section 27 of the Uttar Pradesh Revenue Code, 2006?

Revisional powers of Sub-Divisional Officer.

What power is conferred upon the Sub-Divisional Officer under Section 27?

The Sub-Divisional Officer may call for the record of any case decided by the Tahsildar under Section 25 or 26.

For what purpose may records be called under Section 27?

The records may be called for satisfying the Sub-Divisional Officer as to the legality or propriety of the decision.

What cases are subject to revision under Section 27?

Cases decided by the Tahsildar under Section 25 or Section 26 are subject to revision.

What procedure is required before passing orders under Section 27?

Opportunity of hearing shall be afforded to the parties concerned.

What orders may the Sub-Divisional Officer pass under Section 27?

The Sub-Divisional Officer may pass such orders as he thinks fit.

What limitation is prescribed in the proviso to Section 27?

No application under Section 27 shall be entertained after expiry of thirty days from the date of the order sought to be revised.

From which date is the limitation period under the proviso to Section 27 calculated?

The limitation period is calculated from the date of the order sought to be revised.

What is the subject matter of Section 28 of the Uttar Pradesh Revenue Code, 2006?

Order not to debar from establishing any right of easement.

What is the effect of orders made under the Chapter under Section 28?

No order made under the Chapter shall debar any person from establishing any right of easement or customary right claimed by him through a civil suit.

What rights may still be established notwithstanding orders under the Chapter under Section 28?

Rights of easement or customary rights may still be established.

By what mode may rights be established under Section 28?

Such rights may be established by a civil suit.

CHAPTER V

MAINTENANCE OF VILLAGE RECORDS

What is the subject matter of Section 29 of the Uttar Pradesh Revenue Code, 2006?

List of villages.

What duty is imposed upon the Collector under Section 29(1)?

The Collector shall prepare and maintain a register containing a list of all villages in his district in the prescribed form.

What shall the register contain under Section 29(1)?

The register shall contain a list of all villages in the district.

In what form shall the register be prepared and maintained under Section 29(1)?

The register shall be prepared and maintained in the prescribed form.

What particulars relating to areas shall be shown in the register under Section 29(1)(a)?

The register shall show the areas which are liable to fluvial action.

What particulars relating to cultivation shall be shown in the register under Section 29(1)(b)?

The register shall show the areas which have precarious cultivation.

What additional particulars may be included in the register under Section 29(1)(c)?

Such other particulars as may be prescribed may be included.

When shall the register be revised under Section 29(2)?

The register shall be revised every five years or at such longer intervals as may be prescribed.

What is the subject matter of Section 30 of the Uttar Pradesh Revenue Code, 2006?

Maintenance of Map and Field Book.

What duty is imposed upon the Collector under Section 30(1)?

The Collector shall maintain a map and a field book (khasra) for each village in the manner prescribed.

What records are required to be maintained under Section 30(1)?

A map and a field book (khasra) for each village shall be maintained.

In what manner shall the map and field book be maintained under Section 30(1)?

The map and field book shall be maintained in the manner prescribed.

What changes are required to be recorded under Section 30(1)?

All changes in the boundaries of the village or survey numbers shall be recorded.

At what intervals shall changes be recorded under Section 30(1)?

Changes shall be recorded annually or at such longer intervals as may be prescribed.

What additional duty is imposed upon the Collector under Section 30(1)?

The Collector shall cause any errors or omissions detected in the map or field book (khasra) to be corrected.

What shall be done with a minjumla number under Section 30(2)?

The minjumla number shall be divided physically in the manner prescribed.

What consequence follows division of a minjumla number under Section 30(2)?

Revenue records including map and khasra shall be corrected accordingly.

What is the subject matter of Section 31 of the Uttar Pradesh Revenue Code, 2006?

Record of Rights.

What duty is imposed upon the Collector under Section 31(1)?

The Collector shall maintain a record of rights (khatauni) for each village in the prescribed form and manner.

What record is required to be maintained under Section 31(1)?

A record of rights (khatauni) for each village shall be maintained.

In what form and manner shall the record of rights be maintained under Section 31(1)?

The record of rights shall be maintained in the form and manner prescribed.

What particulars regarding tenure holders shall be contained in the record of rights under Section 31(1)(a)?

The record shall contain the names of all tenure holders together with survey numbers or plot numbers held by them and their areas.

What particulars regarding interests shall be contained in the record of rights under Section 31(1)(b)?

The record shall contain the nature or extent of the respective interests including shares of such persons and the conditions or liabilities, if any, attaching thereto.

What particulars regarding rent or revenue shall be contained in the record of rights under Section 31(1)(c)?

The record shall contain the rent or revenue, if any, payable by or to any such person.

What particulars regarding Government or local authority land shall be contained in the record of rights under Section 31(1)(d)?

The record shall contain particulars of all land other than holdings belonging to or vested in the State Government, Central Government, Gram Panchayat or a local authority.

What additional particulars may be included in the record of rights under Section 31(1)(e)?

Such other particulars as may be prescribed may be included.

What is provided regarding shares of co-tenure holders under Section 31(2) of the Uttar Pradesh Revenue Code, 2006?

Shares of the co-tenure holders shall be determined in the manner prescribed.

In what manner shall shares of co-tenure holders be determined under Section 31(2)?

Shares of the co-tenure holders shall be determined in the manner prescribed.

What is the subject matter of Section 32 of the Uttar Pradesh Revenue Code, 2006?

Correction of records.

Who may record changes and correct records under Section 32(1)?

The Sub-Divisional Officer, the Tahsildar or the Revenue Inspector may record changes and correct records subject to the control of the Collector.

What records are covered under Section 32(1)?

The record of rights (Khatauni), the field book (Khasra) and the map are covered.

In what manner shall changes be recorded under Section 32(1)?

Changes shall be recorded in the manner provided in the Chapter.

What changes are required to be recorded under Section 32(1)?

All changes in the record of rights, field book and map and all transactions affecting recorded rights or interests shall be recorded.

What additional power is conferred under Section 32(1)?

Errors proved to have been made in records previously prepared may be corrected.

What restriction is contained in the proviso to Section 32(1)?

Order for correction in map shall be passed by the Collector.

What applications are not maintainable under Section 32(2)?

Applications for correction of error based solely on possession and involving intricate question of title are not maintainable.

What condition relating to title bars maintainability under Section 32(2)?

The claim must involve intricate question of title.

What is the subject matter of Section 33 of the Uttar Pradesh Revenue Code, 2006?

Mutation in cases of succession.

What duty is imposed upon a person obtaining possession by succession under Section 33(1)?

Every person obtaining possession of any land by succession shall submit a report of such succession to the Revenue Inspector of the circle in which the land is situate.

To whom shall the report of succession be submitted under Section 33(1)?

The report shall be submitted to the Revenue Inspector of the circle in which the land is situate.

In what form shall the report of succession be submitted under Section 33(1)?

The report shall be submitted in such form as may be prescribed.

What action shall the Revenue Inspector take in undisputed cases under Section 33(2)(a)?

The Revenue Inspector shall record such succession in the record of rights (Khatauni).

What action shall the Revenue Inspector take in disputed cases under Section 33(2)(b)?

The Revenue Inspector shall make such inquiry as may appear necessary and submit his report to the Tahsildar.

On what basis may the Revenue Inspector act under Section 33(2)?

The Revenue Inspector may act on receipt of a report under Section 33(1) or on facts otherwise coming to his knowledge.

Who may move an application before the Tahsildar under Section 33(3)?

Any person whose name has not been recorded by the Revenue Inspector or who is aggrieved by the order passed by the Revenue Inspector under Section 33(2)(a) or 33(2)(b) may move an application before the Tahsildar.

Against which orders may an application be moved under Section 33(3)?

An application may be moved against orders passed by the Revenue Inspector under Section 33(2)(a) or Section 33(2)(b).

To whom does Section 33(4) apply mutatis mutandis?

Section 33 applies mutatis mutandis to every person admitted as a Bhumidhar with non-transferable rights or as an asami by the Bhumi Prabandhak Samiti.

Under what law must admission by the Bhumi Prabandhak Samiti take place for applicability of Section 33(4)?

Admission must be in accordance with the provisions of the Code or any enactment repealed by it.

What is the subject matter of Section 34 of the Uttar Pradesh Revenue Code, 2006?

Duty to report in cases of transfer.

What duty is imposed upon a person obtaining possession by transfer under Section 34(1)?

Every person obtaining possession of any land by transfer shall report such transfer to the Tahsildar of the Tahsil in which the land is situate.

What transfers are excluded from Section 34(1)?

Transfers referred to in Section 33(3) are excluded.

To whom shall transfer be reported under Section 34(1)?

Transfer shall be reported to the Tahsildar of the Tahsil in which the land is situate.

In what manner shall transfer be reported under Section 34(1)?

Transfer shall be reported in the manner prescribed.

What is included within the meaning of transfer under the Explanation to Section 34?

The word transfer includes a family settlement.

What power is conferred upon the State Government under Section 34(2)?

The State Government may fix a scale of fees for getting entry recorded in the record of rights on the basis of transfer.

Who is liable to pay the fee under Section 34(2)?

The fee shall be payable by the person in whose favour the entry is to be made.

For what purpose is fee payable under Section 34(2)?

Fee is payable for getting entry recorded in the record of rights on the basis of transfer.

What is the subject matter of Section 35 of the Uttar Pradesh Revenue Code, 2006?

Mutation in cases of succession or transfer.

On what basis may the Tahsildar act under Section 35(1)?

The Tahsildar may act on receipt of a report under Section 33 or Section 34 or upon facts otherwise coming to his knowledge.

What duty is imposed upon the Tahsildar under Section 35(1)?

The Tahsildar shall issue a proclamation and make such inquiry as appears to be necessary.

What action shall the Tahsildar take in undisputed cases under Section 35(1)(a)?

The Tahsildar shall direct the record of rights (Khatauni) to be amended accordingly.

What action shall the Tahsildar take in disputed cases under Section 35(1)(c)?

The Tahsildar shall decide the dispute and direct, if necessary, the record of rights (Khatauni) to be amended accordingly.

What power regarding amendment of record of rights is conferred upon the Tahsildar under Section 35(1)(c)?

The Tahsildar may direct amendment of the record of rights (Khatauni) after deciding the dispute.

Who may prefer an appeal under Section 35(2)?

Any person aggrieved by an order of the Tahsildar under Section 35(1) may prefer an appeal.

Before whom shall an appeal lie under Section 35(2)?

The appeal shall lie before the Sub-Divisional Officer.

Within what period may an appeal be preferred under Section 35(2)?

The appeal may be preferred within thirty days from the date of the order.

What is the subject matter of Section 36 of the Uttar Pradesh Revenue Code, 2006?

Intimation of transfer and deposit of land revenue.

What is the effect of the non-obstante clause under Section 36(1)?

Section 36(1) operates notwithstanding anything contained in Section 34.

Under what circumstance does Section 36(1) apply?

Section 36(1) applies where any document purporting to create, assign or extinguish any title to or charge on land in respect of which a record of rights (Khatauni) is prepared is registered under the Registration Act, 1908.

What duty is imposed upon the registering authority under Section 36(1)?

The registering authority shall send intimation to the Tahsildar within whose jurisdiction the land is situate.

To whom shall intimation be sent under Section 36(1)?

Intimation shall be sent to the Tahsildar within whose jurisdiction the land is situate.

In what form shall intimation be sent under Section 36(1)?

Intimation shall be sent in such form as may be prescribed.

Within what time shall intimation be sent under Section 36(1)?

Intimation shall be sent within such time as may be prescribed.

What is the effect of the non-obstante clause under Section 36(2)?

Section 36(2) operates notwithstanding anything contained in the Chapter.

What proceedings are covered under Section 36(2)?

Orders for correction of records under Section 32, recording succession under Section 33, amendment of record of rights under Section 35 and correction under Section 38 are covered.

What condition is required before recording orders under Section 36(2)?

The amount of land revenue due up-to-date in respect of the land concerned must have been deposited.

What consequence follows non-deposit of land revenue under Section 36(2)?

No order for correction, recording succession, amendment of record of rights or correction shall be recorded.

What is the subject matter of Section 37 of the Uttar Pradesh Revenue Code, 2006?

Bar against certain suits.

What bar is imposed under Section 37?

No suit or other proceeding shall lie in any revenue court at the instance of a person obtaining possession of any land by succession or transfer until the required report has been made.

To whom does the bar under Section 37 apply?

The bar applies to any person obtaining possession of any land by succession or transfer.

What condition must be fulfilled before instituting a suit or proceeding under Section 37?

The person must have made a report under Section 33 or Section 34, as the case may be.

In which courts does the bar under Section 37 operate?

The bar operates in any revenue court.

What is the subject matter of Section 38 of the Uttar Pradesh Revenue Code, 2006?

Correction of error and omission.

To whom shall an application for correction under Section 38(1) be made?

An application for correction of any error or omission in the map, field-book (Khasra) or record of rights (Khatauni) shall be made to the Tahsildar.

In what manner shall an application under Section 38(1) be made?

The application shall be made in the manner prescribed.

What records are covered under Section 38(1)?

The map, field-book (Khasra) and record of rights (Khatauni) are covered.

On what basis may the Tahsildar act under Section 38(2)?

The Tahsildar may act on receiving an application under Section 38(1) or on any error or omission otherwise coming to his knowledge.

What duty is imposed upon the Tahsildar under Section 38(2)?

The Tahsildar shall make such inquiry as may appear necessary and refer the case along with his report to the competent authority.

To whom shall the Tahsildar refer a case relating to map correction under Section 38(2)?

The Tahsildar shall refer the case to the Collector.

To whom shall the Tahsildar refer cases relating to other corrections under Section 38(2)?

The Tahsildar shall refer the case to the Sub-Divisional Officer.

Who shall decide the case under Section 38(3)?

The Collector or the Sub-Divisional Officer, as the case may be, shall decide the case.

What shall be considered before deciding a case under Section 38(3)?

Any objection filed and evidence produced before the authority or before the Tahsildar shall be considered.

Who may prefer an appeal under Section 38(4)?

Any person aggrieved by an order of the Collector or the Sub-Divisional Officer under Section 38(3) may prefer an appeal.

Before whom shall an appeal lie under Section 38(4)?

The appeal shall lie before the Commissioner.

Within what period may an appeal be preferred under Section 38(4)?

The appeal may be preferred within thirty days from the date of the order.

What is the effect of the decision of the Commissioner under Section 38(4)?

The decision of the Commissioner shall be final.

What entries may be expunged under Section 38(5)?

Any forged or manipulated entry in the map, khasra or record of rights (Khatauni) may be expunged.

What is the effect of the non-obstante clause under Section 38(6)?

Section 38(6) operates notwithstanding anything contained in other provisions of the Code.

What power is conferred upon the Revenue Inspector under Section 38(6)?

The Revenue Inspector may correct any undisputed error or omission in the record of rights (Khatauni) or khasra.

In what manner may the Revenue Inspector exercise powers under Section 38(6)?

The Revenue Inspector may exercise powers in such manner and after making such inquiry as may be prescribed.

What limitation on power is contained in the Explanation to Section 38?

The power to correct any error or omission shall not include the power to decide a dispute involving question of title.

What is the subject matter of Section 39 of the Uttar Pradesh Revenue Code, 2006?

Certain orders of revenue officers not to debar a suit.

What is the effect of orders passed under Section 39?

No order specified in Section 39 shall debar any person from establishing his rights to the land by means of a suit under Section 144.

Which orders are covered under Section 39?

Orders passed by a Revenue Inspector under Section 33, by a Tahsildar under Section 35(1), by a Sub-Divisional Officer under Section 38(3) and by a Commissioner under Section 38(4) are covered.

By what mode may rights to land be established notwithstanding orders under Section 39?

Rights to the land may be established by means of a suit under Section 144.

What is the subject matter of Section 40 of the Uttar Pradesh Revenue Code, 2006?

Presumption as to entries.

What presumption applies to entries in the record of rights under Section 40?

All entries in the record of rights (Khatauni) prepared in accordance with the provisions of the Code shall be presumed to be true.

To which entries does the presumption under Section 40 apply?

The presumption applies to entries in the record of rights (Khatauni) prepared in accordance with the provisions of the Code.

Until when does the presumption under Section 40 continue?

The presumption continues until the contrary is proved.

What is the subject matter of Section 41 of the Uttar Pradesh Revenue Code, 2006?

Kisan Bahi.

What duty is imposed upon the Collector under Section 41(1)?

The Collector shall, as soon as may be after preparation of the record of rights (Khatauni), cause to be supplied to every tenure-holder a Kisan Bahi containing such particulars as may be prescribed.

When shall the Collector supply Kisan Bahi under Section 41(1)?

The Collector shall supply Kisan Bahi every time when a record of rights (Khatauni) is prepared under the Chapter.

To whom shall Kisan Bahi be supplied under Section 41(1)?

Kisan Bahi shall be supplied to every tenure-holder.

What shall Kisan Bahi contain under Section 41(1)?

Kisan Bahi shall contain such particulars as may be prescribed.

What is the nature of Kisan Bahi under Section 41(2)?

Kisan Bahi shall be a consolidated pass-book for all holdings held by a tenure-holder in the district.

What provision is made regarding joint holdings under Section 41(3)?

In the case of a joint holding, supply of Kisan Bahi to one or more recorded co-tenure holders applying for it shall be sufficient.

Who may apply for Kisan Bahi in case of a joint holding under Section 41(3)?

One or more of the recorded co-tenure holders may apply for it.

What liability is imposed upon the tenure-holder under Section 41(4)?

The tenure-holder shall be liable to pay such cost for the Kisan Bahi as may be prescribed.

In what manner shall the cost of Kisan Bahi be paid under Section 41(4)?

The cost shall be paid in such manner as may be prescribed.

What entitlement is conferred upon a person holding Kisan Bahi under Section 41(5)?

The holder shall be entitled without any extra payment to get amendments made in the record of rights (Khatauni) incorporated in his Kisan Bahi.

What duty is imposed upon a bank or public financial institution under Section 41(6) of the Uttar Pradesh Revenue Code, 2006?

A bank or other public financial institution advancing loan to a tenure holder on the basis of his representation regarding holdings recorded in the Kisan Bahi shall endorse the details of the loan in the Kisan Bahi.

On what basis may a bank or public financial institution advance loan under Section 41(6)?

The loan may be advanced on the basis of the representation of the tenure holder that he is the holder of the holdings recorded in the Kisan Bahi.

What details are required to be endorsed under Section 41(6)?

Details of the loan advanced shall be endorsed in the Kisan Bahi.

What duty is imposed upon the tenure holder under Section 41(7)?

The tenure holder shall submit an affidavit to the bank or other financial institution.

What declaration is required in the affidavit under Section 41(7)?

The tenure holder shall declare that he has not taken any other loan remaining wholly or partly unpaid on the security of the holdings comprised in the Kisan Bahi and has not transferred the holding or any share therein in any manner whatsoever.

What offence is created under Section 41(8)?

Making in the affidavit a statement which is false and which the tenure holder knows or believes to be false or does not believe to be true constitutes an offence.

What punishment is prescribed under Section 41(8)?

The offender shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

What additional liability accompanies imprisonment under Section 41(8)?

The offender shall also be liable to fine.

What duty is imposed upon a bank or public financial institution under Section 41(9)?

The bank or other financial institution shall endorse the final repayment of the loan on the Kisan Bahi.

What is the subject matter of Section 42 of the Uttar Pradesh Revenue Code, 2006?

Duty to produce information or documents.

Upon whom is the duty imposed under Section 42?

Every person whose rights, interests or obligations are required to be or have been entered in any record or register maintained under the Chapter is bound by the duty.

What duty is imposed under Section 42?

The person shall furnish or produce for inspection all such information or documents needed for correct compilation or revision of the record or register.

When does the duty under Section 42 arise?

The duty arises on the requisition of any revenue officer engaged in compiling or revising the record or register.

Within what time shall information or documents be furnished under Section 42?

Information or documents shall be furnished within such time as may be specified.

What information or documents are required to be furnished under Section 42?

All such information or documents needed for the correct compilation or revision of the record or register shall be furnished.

What limitation applies to the information or documents required under Section 42?

The information or documents must be within the knowledge, possession or power of the person concerned.

To whom shall information or documents be produced under Section 42?

Information or documents shall be produced for inspection of the revenue officer engaged in compiling or revising the record or register.

CHAPTER VI

Revision of village records

What is the subject matter of Section 43 of the Uttar Pradesh Revenue Code, 2006?

Notification of record and survey operations.

Under what circumstance may the State Government issue a notification under Section 43(1)?

The State Government may issue a notification when it is of opinion that in any district or other local area a revision of records or a re-survey or both is necessary.

What is the effect of a notification under Section 43(1)?

The district or area shall be deemed to be under record operation or survey operation or both, as the case may be.

What operations may be declared under Section 43(1)?

Record operation, survey operation or both may be declared.

What power is conferred upon the State Government under Section 43(2)?

The State Government may, by notification in the Gazette, order that a survey operation or a record operation of abadi or village abadi or both shall be made.

In what manner shall operations under Section 43(2) be made?

The operations shall be made in the manner prescribed.

What power is conferred upon the State Government under Section 43(3)?

The State Government may amend or cancel notifications issued under Section 43(1) or Section 43(2) or declare the operation to be closed.

By what mode may the State Government exercise powers under Section 43(3)?

The powers shall be exercised by a subsequent notification.

What is the subject matter of Section 44 of the Uttar Pradesh Revenue Code, 2006?

Record Officer and Assistant Record Officer.

What power is conferred upon the State Government under Section 44(1)?

The State Government may appoint a Record Officer and as many Assistant Record Officers as it may deem fit.

What shall be the responsibility of the Record Officer under Section 44(1)?

The Record Officer shall be in-charge of the record operation or the survey operation or both.

What discretion is conferred upon the State Government regarding Assistant Record Officers under Section 44(1)?

The State Government may appoint as many Assistant Record Officers as it may deem fit.

For what period shall the Assistant Record Officer exercise powers under Section 44(2)?

The Assistant Record Officer shall exercise powers for so long as the notification under Section 43(1) or Section 43(2) is in force.

What powers may an Assistant Record Officer exercise under Section 44(2)?

The Assistant Record Officer shall exercise the powers conferred on him by the Code.

What duties may an Assistant Record Officer discharge under Section 44(2)?

The Assistant Record Officer shall discharge such other duties as may be entrusted to him by the Record Officer.

Who may entrust duties to the Assistant Record Officer under Section 44(2)?

The Record Officer may entrust duties to the Assistant Record Officer.

What is the subject matter of Section 45 of the Uttar Pradesh Revenue Code, 2006?

Power of Record Officer during record or survey operation.

Under what circumstance does Section 45 apply?

Section 45 applies where any district or other local area is under record or survey operation.

What powers may be exercised by the Record Officer under Section 45?

The powers conferred by Sections 23 to 26 shall be exercised by the Record Officer.

Which statutory powers are exercisable by the Record Officer under Section 45?

Powers under Sections 23, 24, 25 and 26 are exercisable by the Record Officer.

What is the subject matter of Section 46 of the Uttar Pradesh Revenue Code, 2006?

Revision of records during record operation.

Under what circumstance does Section 46 apply?

Section 46 applies when any district or other local area is under record operation.

What duty is imposed upon the Record Officer under Section 46?

The Record Officer shall cause to be revised the field book (khasra), the record of rights (khatauni) or the record of abadi or village abadi for each village comprised in the area under record operation.

What records are required to be revised under Section 46?

The field book (khasra), the record of rights (khatauni) or the record of abadi or village abadi are required to be revised.

For which villages shall records be revised under Section 46?

Records shall be revised for each village comprised in the district or local area under record operation.

What is the subject matter of Section 47 of the Uttar Pradesh Revenue Code, 2006?

Revision of records during survey operation.

Under what circumstance does Section 47 apply?

Section 47 applies when any district or other local area is under survey operation.

What duty is imposed upon the Record Officer under Section 47 regarding maps?

The Record Officer shall cause to be prepared a map for each village comprised in the district or local area under survey operation.

For which villages shall maps be prepared under Section 47?

Maps shall be prepared for each village comprised in the district or local area under survey operation.

What duty is imposed upon the Record Officer after preparation of maps under Section 47?

The Record Officer shall proceed to revise the field book (Khasra), the record of rights (Khatauni) or the record of abadi or village abadi, as the case may be.

What records are required to be revised under Section 47?

The field book (Khasra), the record of rights (Khatauni) or the record of abadi or village abadi are required to be revised.

What is the subject matter of Section 48 of the Uttar Pradesh Revenue Code, 2006?

Powers of Record Officer as to erection of boundary marks.

Under what circumstance does Section 48 apply?

Section 48 applies when any local area is under survey operation.

What power is conferred upon the Record Officer under Section 48?

The Record Officer may issue a proclamation directing Gram Panchayats and Bhumidhars to erect boundary marks.

To whom may directions be issued under Section 48?

Directions may be issued to all Gram Panchayats and Bhumidhars.

For what purpose may boundary marks be erected under Section 48?

Boundary marks may be erected to define the limits of villages and fields.

Within what period shall boundary marks be erected under Section 48?

Boundary marks shall be erected within fifteen days.

What discretion is conferred upon the Record Officer regarding boundary marks under Section 48?

The Record Officer may direct erection of such boundary marks as he may think necessary.

What consequence follows default under Section 48?

The Record Officer may cause the boundary marks to be erected.

Who shall recover the cost of erection under Section 48?

The Collector shall recover the cost of erection.

From whom shall the cost of erection be recovered under Section 48?

The cost shall be recovered from the Gram Panchayats or Bhumidhars concerned.

What is the subject matter of Section 49 of the Uttar Pradesh Revenue Code, 2006?

Procedure of revision of map and records.

For what purpose shall the procedure under Section 49(1) be followed?

The procedure shall be followed for revising the map and records under Sections 46 and 47.

To what are the powers of the Record Officer under Section 49(1) subject?

The powers are subject to the provisions of Sections 49(2) to 49(8).

What operations may the Record Officer cause to be carried out under Section 49(1)?

The Record Officer may cause survey, map correction, field to field partal and test and verification of current record of rights (Khatauni) to be carried out.

In accordance with what shall operations under Section 49(1) be carried out?

The operations shall be carried out in accordance with the procedure prescribed.

What duty is imposed upon the Naib-Tahsildar under Section 49(2)?

The Naib-Tahsildar shall correct clerical mistakes and errors in the current records after test and verification of the current record of rights.

What additional duty is imposed upon the Naib-Tahsildar under Section 49(2)?

The Naib-Tahsildar shall cause notices containing relevant extracts from the current record of rights and other prescribed records to be issued to concerned tenure holders and interested persons.

To whom shall notices under Section 49(2) be issued?

Notices shall be issued to concerned tenure holders and other persons interested.

What particulars shall notices under Section 49(2) contain?

Notices shall contain relevant extracts from the current record of rights and other prescribed records showing rights, liabilities, mistakes and disputes discovered during the operations.

What right is conferred upon a person receiving notice under Section 49(3)?

Such person may file objections disputing the correctness or nature of the entries in the records or extracts.

Before whom shall objections under Section 49(3) be filed?

Objections shall be filed before the Naib-Tahsildar.

Within what period may objections under Section 49(3) be filed?

Objections may be filed within twenty-one days of receipt of notice.

What may be disputed in objections under Section 49(3)?

The correctness or nature of the entries in the records or extracts may be disputed.

What right is conferred upon any interested person under Section 49(4)?

Any interested person may file objection before the Naib-Tahsildar or the Assistant Record Officer.

When may objections be filed before the Naib-Tahsildar under Section 49(4)?

Objections may be filed at any time before the dispute is settled in accordance with Section 49(5).

When may objections be filed before the Assistant Record Officer under Section 49(4)?

Objections may be filed at any time before the objections are decided in accordance with Section 49(6).

What duty is imposed upon the Naib-Tahsildar under Section 49(5)(a) of the Uttar Pradesh Revenue Code, 2006?

The Naib-Tahsildar shall, where objections are filed under Section 49(3) or Section 49(4), hear the parties concerned.

What duty is imposed upon the Naib-Tahsildar under Section 49(5)(b)?

In cases other than those covered under Section 49(5)(a), the Naib-Tahsildar shall make such inquiry as he may deem necessary.

What powers are conferred upon the Naib-Tahsildar under Section 49(5)?

The Naib-Tahsildar shall correct the mistake and settle the dispute by conciliation between the parties appearing before him.

On what basis shall the Naib-Tahsildar pass orders under Section 49(5)?

The Naib-Tahsildar shall pass orders on the basis of conciliation.

What cases are required to be forwarded to the Assistant Record Officer under Section 49(6)?

Cases which cannot be disposed of by the Naib-Tahsildar by conciliation shall be forwarded to the Assistant Record Officer.

In accordance with what procedure shall the Assistant Record Officer dispose of cases under Section 49(6)?

The Assistant Record Officer shall dispose of cases in accordance with the procedure laid down in Section 24.

How shall disputes involving question of title be decided under Section 49(6)?

The Assistant Record Officer shall decide such disputes after a summary inquiry.

What action may the Assistant Record Officer take under Section 49(7) regarding Government or local authority land?

The Assistant Record Officer may cause the person in unauthorized occupation of such land to be evicted.

Under what condition may eviction be ordered under Section 49(7)?

Eviction may be ordered where the Assistant Record Officer is satisfied after summary inquiry that the land belongs to the State Government or a local authority.

What power regarding use of force is conferred under Section 49(7)?

The Assistant Record Officer may use or cause to be used such force as may be necessary for eviction.

Who may prefer an appeal under Section 49(8)?

Any person aggrieved by an order of the Assistant Record Officer under Section 49(6) or Section 49(7) may prefer an appeal.

Before whom shall an appeal lie under Section 49(8)?

The appeal shall lie before the Record Officer.

Within what period may an appeal be preferred under Section 49(8)?

The appeal may be preferred within thirty days from the date of the order.

In what manner shall an appeal under Section 49(8) be preferred?

The appeal shall be preferred in the manner prescribed.

What is the effect of the order of the Record Officer under Section 49(8)?

Every order of the Record Officer on appeal shall, subject to Section 210, be final.

What is the subject matter of Section 50 of the Uttar Pradesh Revenue Code, 2006?

Finalisation of record of rights.

When shall action under Section 50 be taken?

Action shall be taken after revision of map or records in accordance with Section 49.

What duty is imposed upon the Assistant Record Officer under Section 50?

The Assistant Record Officer shall confirm or amend the record of rights (Khatauni).

How shall the Assistant Record Officer confirm or amend the record of rights under Section 50?

The record of rights shall be confirmed or amended under his dated signature.

What is the subject matter of Section 51 of the Uttar Pradesh Revenue Code, 2006?

Preparation of new record of rights.

What duty is imposed upon the Assistant Record Officer under Section 51?

The Assistant Record Officer shall prepare the records specified in Sections 30 and 31 for each village in the area under record or survey operation.

For which villages shall records be prepared under Section 51?

Records shall be prepared for each village in the area under the record or survey operation.

On what basis shall records be prepared under Section 51?

Records shall be prepared on the basis of the record of rights (Khatauni) referred to in Section 50.

Which records are required to be prepared under Section 51?

The records specified in Sections 30 and 31 are required to be prepared.

Who shall maintain the records prepared under Section 51?

The Collector shall maintain the records prepared under Section 51.

In place of what shall the records prepared under Section 51 be maintained?

The records shall be maintained in place of the records previously existing.

What is the subject matter of Section 52 of the Uttar Pradesh Revenue Code, 2006?

Procedure for villages where no records are available.

To what operations do the provisions of the Chapter apply under Section 52(1)?

The provisions of the Chapter apply mutatis mutandis to record operation or survey operation in respect of villages or parts thereof where no map or other record referred to in Section 46 or Section 47 is available.

Under what circumstance does Section 52(1) apply?

Section 52(1) applies where no map or other record referred to in Section 46 or Section 47 is available for a village or part thereof.

What procedure shall the Record Officer follow under Section 52(1)?

The Record Officer shall follow such procedure as may be prescribed.

To what operations do the provisions of the Chapter apply under Section 52(2)?

The provisions of the Chapter apply mutatis mutandis to record operation and survey operation of abadi or village abadi.

What is the subject matter of Section 53 of the Uttar Pradesh Revenue Code, 2006?

Presumption as to the entries.

What presumption applies to entries in the record of rights under Section 53?

All entries in the record of rights (Khatauni) prepared in accordance with the provisions of the Chapter shall be presumed to be true.

To which entries does the presumption under Section 53 apply?

The presumption applies to entries in the record of rights (Khatauni) prepared in accordance with the provisions of the Chapter.

Until when does the presumption under Section 53 continue?

The presumption continues until the contrary is proved.

CHAPTER—VII

Ownership of Land and other Properties

What is the subject matter of Section 54 of the Uttar Pradesh Revenue Code, 2006?

Title of State in all lands etc.

What properties are declared to be the property of the State Government under Section 54?

All public roads, lanes, paths, bridges, ditches, dykes, fences on or beside them, beds of rivers, streams, nallas, lakes, ponds, tanks, canals, water channels, standing and flowing water and all lands not owned by any person are declared to be the property of the State Government.

What rights vest in the State Government under Section 54?

All rights in or over such properties or appertaining thereto vest in the State Government.

What condition regarding ownership of land is specified under Section 54?

The lands must be lands wherever situated which are not owned by any person.

To what exception relating to private rights is the declaration under Section 54 subject?

The declaration is subject to rights of persons established in or over such property.

To what exception relating to other laws is the declaration under Section 54 subject?

The declaration is subject to any law for the time being in force providing otherwise.

What saving is contained in the proviso to Section 54?

Nothing in Section 54 shall affect the rights of any person subsisting in such property immediately before the commencement of the Code.

Which rights are protected under the proviso to Section 54?

Rights subsisting in any such property immediately before the commencement of the Code are protected.

What is the subject matter of Section 55 of the Uttar Pradesh Revenue Code, 2006?

Mines and minerals.

What is the effect of the non-obstante clause under Section 55(1)?

Section 55(1) operates notwithstanding anything contained in the Code.

By what law is the right to operate or work in any mine governed under Section 55(1)?

The right to operate or work in any mine or to extract any mineral therefrom shall be governed by the Mines and Minerals (Development and Regulation) Act, 1957.

What rights are governed under Section 55(1)?

The right to operate or work in any mine or to extract any mineral therefrom is governed under Section 55(1).

Who is covered under Section 55(2)?

Every lessee of building or land leased or deemed to have been leased out by the State Government under enactments repealed by the Code is covered.

For what purposes must the lease exist under Section 55(2)?

The lease must be for purposes connected with the working or extraction of any mine or mineral.

What condition regarding operation is required under Section 55(2)?

The lessee must be operating on the date of commencement of the Code.

What right is conferred upon lessees under Section 55(2)?

Lessees shall continue to retain possession of the leased building or land.

To what are the rights of lessees under Section 55(2) subject?

The rights are subject to the terms and conditions of the lease.

On what payment shall possession be retained under Section 55(2)?

Possession shall be retained on payment of such rent as was in force on the date of commencement of the Code.

What is the subject matter of Section 56 of the Uttar Pradesh Revenue Code, 2006?

Rights in trees.

To whom shall trees existing on any holding or grove belong under Section 56(1)?

All trees existing on any holding or grove shall be deemed to belong to the person who holds such holding or grove.

To what are the rights under Section 56(1) subject?

The rights are subject to the provisions of the Code or any other law for the time being in force.

To whom shall trees existing on the boundary of holdings belong under Section 56(2)?

Trees existing on the boundary of holdings shall be deemed to belong jointly to the persons holding the holdings on either side of the boundary.

What is the status of trees in abadi or unoccupied land under Section 56(3)?

Trees in abadi or unoccupied land belonging to or held by any person immediately before commencement of the Code shall continue to belong to such person.

To what are rights under Section 56(3) subject?

The rights are subject to any other law for the time being in force and rules made under the Code.

What property shall vest in the State Government under Section 56(4)?

All trees, brushwood, jungle or other natural product other than those referred to in Sections 56(1) to 56(3) shall be deemed to be the property of the State Government.

From what date shall property vest in the State Government under Section 56(4)?

Property shall vest in the State Government with effect from the date of commencement of the Code.

To what is Section 56(4) subject?

Section 56(4) is subject to the provisions of Section 57.

What is the Explanation to Section 56 and Section 59 of the Uttar Pradesh Revenue Code, 2006?

For the purposes of Section 56 and Section 59, ‘unoccupied land’ means the land in a village other than the land held by tenure-holders.

What is meant by ‘unoccupied land’ under the Explanation to Section 56 and Section 59?

‘Unoccupied land’ means the land in a village other than the land held by tenure-holders.

What is the subject matter of Section 57 of the Uttar Pradesh Revenue Code, 2006?

Fruit bearing trees.

Under what circumstance does Section 57(1) apply?

Section 57(1) applies where before commencement of the Code any fruit bearing tree was planted on either side of any public road, path or canal with written permission of the competent authority.

Who may grant permission under Section 57(1)?

A revenue officer or an officer of the Forest, Public Works or Irrigation Department not below the rank of Tahsildar, Assistant Conservator of Forest or Assistant Engineer may grant permission.

What right is conferred under Section 57(1)?

The person planting the tree and his legal representative shall be entitled to the fruits of such trees without payment of any charges whatsoever.

What is the effect of the non-obstante clause under Section 57(1)?

The right to fruits exists notwithstanding that the land vests in the State Government.

Who is entitled to fruits under Section 57(1)?

The person planting the tree and his legal representative are entitled to the fruits.

What charges are payable for enjoyment of fruits under Section 57(1)?

No charges whatsoever are payable.

Who may plant fruit bearing trees after commencement of the Code under Section 57(2)?

Any person may plant fruit bearing trees on either side of any public road, path or canal with written permission of the competent authority.

Who may grant permission under Section 57(2)?

The Collector or any other officer authorised by the State Government may grant permission.

What is the effect of Section 57(2)?

The provisions of Section 57(1) shall apply to trees planted under Section 57(2).

What is the nature of the right conferred under Section 57(3)?

The right conferred under Section 57 shall be heritable.

What restriction is imposed under Section 57(3)?

The person planting the fruit bearing tree or his heirs shall have no right on the corpus of the tree or in the land on which it stands.

What is the subject matter of Section 58 of the Uttar Pradesh Revenue Code, 2006?

Disputes to be decided by the Collector.

What disputes are covered under Section 58(1)?

Disputes in respect of any property referred to in Section 54, Section 56 or Section 57 or in respect of any right to such property are covered.

Who shall decide disputes under Section 58(1)?

The Collector shall decide disputes under Section 58(1).

Who may file an appeal under Section 58(2)?

Any person aggrieved by an order passed under Section 58(1) may file an appeal.

Before whom shall an appeal lie under Section 58(2)?

The appeal shall lie before the Commissioner.

Within what period may an appeal be filed under Section 58(2)?

The appeal may be filed within thirty days from the date of the order.

CHAPTER VIII

Management of Land and other Properties by Gram Panchayat or other Local Authority

What is the subject matter of Section 59 of the Uttar Pradesh Revenue Code, 2006?

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

What power is conferred upon the State Government under Section 59(1)?

The State Government may entrust things vesting in the State Government to a Gram Panchayat or other local authority.

By what mode may entrustment be made under Section 59(1)?

Entrustment may be made by general or special order published in the manner prescribed.

To whom may things be entrusted under Section 59(1)?

Things may be entrusted to a Gram Panchayat or other local authority.

For what purposes may entrustment be made under Section 59(1)?

Entrustment may be made for superintendence, preservation, management and control in accordance with the provisions of the Code.

What lands may be entrusted under Section 59(2)(i)?

Lands whether cultivable or otherwise except land comprised in any holding or grove may be entrusted.

What exception relating to land is provided under Section 59(2)(i)?

Land for the time being comprised in any holding or grove shall not be entrusted.

What properties may be entrusted under Section 59(2)(ii)?

Groves standing on Gram Panchayat land, pasture land, graveyards, cremation grounds, manure pits, Khaliyans, Chakroads, link roads, sector roads, land in river bed, roads, Sadak Khanti and Sullage farms may be entrusted.

What properties may be entrusted under Section 59(2)(iii)?

Forests and fisheries may be entrusted.

What trees may be entrusted under Section 59(2)(iv)?

Trees other than trees in a holding, on the boundary of a holding, in a grove or abadi, or trees on unoccupied land may be entrusted.

What properties may be entrusted under Section 59(2)(v)?

Hats, bazaars, melas, tanks, ponds, water-channels, private ferries, pathways and abadi sites may be entrusted.

To what is Section 59(2)(vi) subject?

Section 59(2)(vi) is subject to the provisions of the Treasure Trove Act, 1878.

What properties may be entrusted under Section 59(2)(vi)?

Properties specified in Section 55 and belonging to the State Government may be entrusted.

What properties are deemed to be entrusted under Section 59(3)(a)?

Lands and other things vested in a Gram Panchayat or local authority under the Uttar Pradesh Consolidation of Holdings Act, 1953 or the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 are deemed to be entrusted.

What properties are deemed to be entrusted under Section 59(3)(b)?

Lands and other things placed under the charge of a Gram Panchayat or local authority under enactments repealed by the Code are deemed to be entrusted.

What properties are deemed to be entrusted under Section 59(3)(c)?

Lands and other things otherwise coming into possession of a Gram Panchayat or local authority before or after commencement of the Code are deemed to be entrusted.

From what date shall deemed entrustment operate under Section 59(3)?

Deemed entrustment shall operate from the date of commencement of the Code or from the date of coming into possession.

For what purpose shall deemed entrustment under Section 59(3) operate?

Deemed entrustment shall operate for superintendence, preservation, management and control in accordance with the provisions of the Code.

What power is conferred upon the State Government under Section 59(4)?

The State Government may by subsequent order published in the prescribed manner add to, amend, vary, rescind, transfer, resume or impose conditions regarding entrustment under Section 59.

What power is conferred under Section 59(4)(a)?

The State Government may add to, amend, vary or rescind any earlier order issued under Section 59(1).

What power is conferred under Section 59(4)(b)?

The State Government may transfer to any other Gram Panchayat or local authority any land or thing entrusted or deemed entrusted under Section 59(1) or Section 59(3).

For what purpose may transfer be made under Section 59(4)(b)?

Transfer may be made for superintendence, preservation, management and control.

What power is conferred under Section 59(4)(c)?

The State Government may resume any land or thing entrusted, deemed entrusted or transferred to a Gram Panchayat or local authority.

On what basis may resumption under Section 59(4)(c) take place?

Resumption may take place on such terms and conditions as prescribed.

What power is conferred under Section 59(4)(d)?

The State Government may impose conditions and restrictions regarding exercise of powers of superintendence, preservation, management and control.

What condition is specified under Section 59(5)?

Section 59(5) applies where things specified in Section 59(2) entrusted or deemed entrusted to a Gram Panchayat are situated outside its circle.

What authorities may exercise powers under Section 59(5)?

The Gram Panchayat or its Bhumi Prabandhak Samiti may exercise powers under Section 59(5).

To what are powers under Section 59(5) subject?

The powers are subject to any general or special order issued by the State Government.

What functions may be performed under Section 59(5)?

Functions, duties and powers assigned, imposed or conferred under the Code or the U.P. Panchayat Raj Act, 1947 may be performed, discharged and exercised.

What legal fiction is created under Section 59(5)?

The village or part shall be treated as if it lay within the circle of the Gram Panchayat.

To whom does Section 59(6) apply?

Section 59(6) applies where things specified in Section 59(2) are entrusted or deemed entrusted to a local authority other than a Gram Panchayat.

What is the effect of Section 59(6)?

The provisions of the Chapter shall mutatis mutandis apply to such local authority.

What is included within “Local Authority” under the Explanation to Section 59?

Local Authority includes Kshetra Panchayat, Zila Panchayat, Town Area, Notified Area, Cantonment Area, Nagar Panchayat, Nagar Palika, Nagar Mahapalika and Nagar Nigam.

Are development authorities included within “Local Authority” under the Explanation to Section 59?

Yes, Noida Vikas Pradhikaran, Greater Noida Vikas Pradhikaran and Yamuna Expressway Vikas Pradhikaran are included.

Are industrial townships included within “Local Authority” under the Explanation to Section 59?

Yes, industrial townships declared as Industrial Development Areas under the Uttar Pradesh Industrial Area Development Act, 1976 are included.

Under which constitutional provision are industrial townships recognized under the Explanation to Section 59?

They are recognized under Article 243-Q of the Constitution of India.

What is the subject matter of Section 60 of the Uttar Pradesh Revenue Code, 2006?

Superintendence, management and control by Bhumi Prabandhak Samiti.

With what responsibility is every Bhumi Prabandhak Samiti charged under Section 60(1)?

Every Bhumi Prabandhak Samiti shall be charged with the superintendence, preservation, management and control of land and other things entrusted or deemed entrusted to the Gram Panchayat.

For and on behalf of whom shall the Bhumi Prabandhak Samiti act under Section 60(1)?

The Bhumi Prabandhak Samiti shall act for and on behalf of the Gram Panchayat.

To what are the powers under Section 60(1) subject?

The powers are subject to the provisions of the Code.

What properties are covered under Section 60(1)?

Land and other things entrusted or deemed entrusted under Section 59 or over which the Gram Panchayat is entitled to take possession are covered.

Under what laws may the Gram Panchayat be entitled to take possession under Section 60(1)?

The entitlement may arise under the Code or any other law for the time being in force.

What is included in the functions and duties of the Bhumi Prabandhak Samiti under Section 60(2)(a)?

Settlement and management of land are included.

What is included in the functions and duties of the Bhumi Prabandhak Samiti under Section 60(2)(b)?

Preservation, maintenance and development of forests and trees are included.

What is included in the functions and duties of the Bhumi Prabandhak Samiti under Section 60(2)(c)?

Maintenance and development of abadi sites and village communications are included.

What is included in the functions and duties of the Bhumi Prabandhak Samiti under Section 60(2)(d)?

Management of hats, bazaars and melas is included.

What is included in the functions and duties of the Bhumi Prabandhak Samiti under Section 60(2)(e)?

Maintenance and development of fisheries and tanks are included.

What is included in the functions and duties of the Bhumi Prabandhak Samiti under Section 60(2)(f)?

Development of cottage industries is included.

What is included in the functions and duties of the Bhumi Prabandhak Samiti under Section 60(2)(g)?

Development and improvement of agriculture are included.

What is included in the functions and duties of the Bhumi Prabandhak Samiti under Section 60(2)(h)?

Conduct and prosecution of suits and proceedings by or against the Gram Panchayat are included.

What is included in the functions and duties of the Bhumi Prabandhak Samiti under Section 60(2)(i)?

Such other matters as may be prescribed are included.

What is the subject matter of Section 61 of the Uttar Pradesh Revenue Code, 2006?

Management of village tanks.

Under what circumstance does Section 61 apply?

Section 61 applies where a tank in any village is entrusted or deemed to be entrusted to a Gram Panchayat under Section 59.

What is the effect of the non-obstante clause under Section 61?

Section 61 operates notwithstanding anything contained in any contract, grant or law for the time being in force.

By what conditions shall management of tanks under Section 61 be regulated?

Management shall be regulated by the conditions specified in clauses (a) and (b) of Section 61.

What condition is prescribed under Section 61(a)?

Where the area of the tank measures 0.5 acre or less, it shall be reserved for public use by inhabitants of the village.

For whose use shall tanks measuring 0.5 acre or less be reserved under Section 61(a)?

Such tanks shall be reserved for public use by the inhabitants of the village.

What condition is prescribed under Section 61(b)?

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

Whose approval is required under Section 61(b)?

Previous approval of the Sub-Divisional Officer is required.

In what manner shall tanks be let out under Section 61(b)?

Tanks shall be let out in the manner prescribed.

What is included within the term ‘tank’ under the Explanation to Section 61?

The term ‘tank’ includes talab, pond, pokhar and other land covered with water.

What is the subject matter of Section 62 of the Uttar Pradesh Revenue Code, 2006?

Conduct of suits and legal proceedings.

Who may sign documents and conduct suits under Section 62(1)?

The Chairman or such members of the Bhumi Prabandhak Samiti as may be authorised by the Samiti may sign documents and conduct suits and proceedings.

To what are the powers under Section 62(1) subject?

The powers are subject to Section 62(2) and such other conditions as may be prescribed.

For whose benefit may powers under Section 62(1) be exercised?

Powers may be exercised for and on behalf of the Gram Panchayat.

What acts may be performed under Section 62(1)?

Documents may be signed and all other things necessary for proper conduct and prosecution of suits and proceedings may be done.

What restriction is imposed under Section 62(2)?

No suit or proceeding to which a Gram Panchayat is a party shall be compromised or withdrawn without prescribed approvals.

What approvals are necessary for compromise or withdrawal under Section 62(2)?

Approval by resolution of the Bhumi Prabandhak Samiti and prior sanction of the Sub-Divisional Officer are necessary.

To which proceedings does Section 62(2) apply?

Section 62(2) applies to suits or other proceedings to which a Gram Panchayat is a party.

What is the subject matter of Section 63 of the Uttar Pradesh Revenue Code, 2006?

Land which may be allotted for abadi sites.

What power is conferred upon the Sub-Divisional Off

cer under Section 63(1)?

The Sub-Divisional Officer may earmark specified classes of land for provision of abadi sites for allotment.

On what basis may the Sub-Divisional Officer act under Section 63(1)?

The Sub-Divisional Officer may act on his own motion or on the resolution of the Bhumi Prabandhak Samiti.

For whose allotment may land be earmarked under Section 63(1)?

Land may be earmarked for allotment to persons specified in Section 64.

What lands may be earmarked under Section 63(1)(a)?

Lands entrusted or deemed entrusted to a Gram Panchayat under Section 59(2)(i) may be earmarked.

What lands may be earmarked under Section 63(1)(b)?

Lands coming into possession of the Gram Panchayat under other provisions of the Code may be earmarked.

What is the effect of the non-obstante clause under Section 63(2)?

Section 63(2) operates notwithstanding anything contained in the Code or the U.P. Panchayat Raj Act, 1947.

What power is conferred upon the Bhumi Prabandhak Samiti under Section 63(2)?

The Bhumi Prabandhak Samiti may allot specified classes of land for purposes of building houses.

Whose approval is necessary under Section 63(2)?

Previous approval of the Sub-Divisional Officer is necessary.

What lands may be allotted under Section 63(2)(a)?

Vacant lands referred to in Section 63(1) may be allotted.

What lands may be allotted under Section 63(2)(b)?

Lands earmarked for abadi sites under the Uttar Pradesh Consolidation of Holdings Act, 1953 may be allotted.

What lands may be allotted under Section 63(2)(c)?

Lands acquired under the Land Acquisition Act, 1894 or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 may be allotted.

What is the subject matter of Section 64 of the Uttar Pradesh Revenue Code, 2006?

Allotment of abadi sites.

What order of preference shall be observed under Section 64(1)?

The order of preference specified in clauses (a), (b) and (c) of Section 64(1) shall be observed in allotment of land referred to in Section 63.

Who is given first preference under Section 64(1)(a)?

An agricultural labourer or village artisan residing in the Gram Sabha and belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes or a person of general category living below poverty line shall be given first preference.

Who is given second preference under Section 64(1)(b)?

Any other agricultural labourer or village artisan residing in the Gram Sabha shall be given second preference.

Who is given third preference under Section 64(1)(c)?

Any other person residing in the Gram Sabha and belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes or a person of general category living below poverty line shall be given third preference.

What preference is provided in the proviso to Section 64(1)?

Preference shall be given to widows and physically handicapped persons within the same category.

What is meant by “other backward class” under Explanation (one) to Section 64(1)?

“Other backward class” means 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.

What is meant by “person of general category living below poverty line” under Explanation (two) to Section 64(1)?

It means such persons as may be determined from time to time by the State Government.

What preference is required under Section 64(2)?

Preference shall be given to a person holding no house or having insufficient accommodation considering the requirements of his family.

On what terms shall allotted land be held under Section 64(3)?

Every land allotted under Section 64 shall be held on such terms and conditions as may be prescribed.

What provision is contained in the proviso to Section 64(3)?

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

What is the subject matter of Section 65 of the Uttar Pradesh Revenue Code, 2006?

Delivery of possession to allottee.

Under what circumstance may the Sub-Divisional Officer act under Section 65(1)?

The Sub-Divisional Officer may act where land allotted under Section 64 for building a house is occupied by a person other than the allottee in contravention of the Code.

What powers are conferred upon the Sub-Divisional Officer under Section 65(1)?

The Sub-Divisional Officer may put the allottee in possession of the land.

On what basis may the Sub-Divisional Officer act under Section 65(1)?

The Sub-Divisional Officer may act on his own motion or on the application of the allottee.

What power regarding use of force is conferred under Section 65(1)?

The Sub-Divisional Officer may use or cause to be used such force as he considers necessary.

What offence is created under Section 65(2)?

Reoccupation of land after eviction under Section 65 without lawful authority constitutes an offence.

What punishment is prescribed under Section 65(2)?

Imprisonment may extend to two years but shall not be less than three months and fine may extend to three thousand rupees.

What minimum imprisonment is prescribed under Section 65(2)?

Imprisonment shall not be less than three months.

What maximum fine is prescribed under Section 65(2)?

Fine may extend to three thousand rupees.

What power is conferred upon the Court under the proviso to Section 65(2)?

The Court may direct payment of whole or part of the recovered fine to the allottee as damages for use and occupation.

Under what conditions may the Court pass interim eviction orders under Section 65(3)?

The Court must be satisfied that the accused is in unauthorized occupation and the allottee is entitled to possession.

What power is conferred upon the Court under Section 65(3)?

The Court may summarily evict the accused pending final determination and put the allottee in possession.

What is the effect of conviction under Section 65(4)?

The interim order passed under Section 65(3) shall be confirmed by the Court.

What relief is available upon acquittal or discharge under Section 65(5)?

The Court may direct delivery of possession to the acquitted or discharged person.

What condition is required for restoration of possession under Section 65(5)?

The Court must be satisfied that the acquitted or discharged person is entitled to possession.

What is the effect of the non-obstante clause under Section 65(6)?

Section 65(6) operates notwithstanding anything contained in the Code of Criminal Procedure, 1973.

How may offences under Section 65(2) be tried under Section 65(6)?

Offences under Section 65(2) may be tried summarily.

What power is conferred upon the State Government under Section 65(7)?

The State Government may constitute special Courts for speedy trial of offences under Section 65.

In consultation with whom may special Courts be constituted under Section 65(7)?

Special Courts may be constituted in consultation with the High Court.

Who may preside over special Courts under Section 65(7)?

An officer not below the rank of Sub-Divisional Magistrate may preside over the special Court.

What powers shall special Courts exercise under Section 65(7)?

Special Courts shall exercise the powers of a Judicial Magistrate of the First Class.

To what are powers of special Courts under Section 65(7) subject?

The powers are subject to the provisions of the Code of Criminal Procedure, 1973.

What is the effect of the non-obstante clause under Section 65(8)?

Section 65(8) operates notwithstanding anything contained in the Code of Criminal Procedure, 1973.

What is the nature of offences under Section 65(2) as provided in Section 65(8)?

Every offence under Section 65(2) shall be cognizable and non-bailable.

What is the subject matter of Section 66 of the Uttar Pradesh Revenue Code, 2006?

Inquiry into irregular allotment of abadi sites.

What power is conferred upon the Collector under Section 66(1)?

The Collector may inquire into allotment of land made under Section 64.

On what basis may the Collector act under Section 66(1)?

The Collector may act on his own motion or on the application of a person aggrieved by the allotment.

In what manner shall inquiry under Section 66(1) be conducted?

The inquiry shall be conducted in the manner prescribed.

What action may the Collector take upon finding allotment irregular under Section 66(1)?

The Collector may cancel the allotment.

What is the effect of cancellation under Section 66(1)?

The right, title and interest of the allottee and every person claiming through him in the allotted land shall cease.

Who may apply under Section 66(1)?

Any person aggrieved by an allotment of land made under Section 64 may apply.

What limitation is prescribed under Section 66(2)?

No application shall be entertained after expiration of three years from the date of allotment.

From which date shall limitation under Section 66(2) be calculated?

Limitation shall be calculated from the date of allotment.

What is the effect of the order of the Collector under Section 66(3)?

Every order of the Collector under Section 66 shall be final.

What is the subject matter of Section 67 of the Uttar Pradesh Revenue Code, 2006?

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

Under what circumstances does Section 67(1) apply?

Section 67(1) applies where Gram Panchayat property is damaged or misappropriated or land is occupied otherwise than in accordance with the Code.

Who shall inform the Assistant Collector under Section 67(1)?

The Bhumi Prabandhak Samiti, other authority or the concerned Lekhpal shall inform the Assistant Collector.

To whom shall information be given under Section 67(1)?

Information shall be given to the Assistant Collector concerned.

In what manner shall information be given under Section 67(1)?

Information shall be given in the manner prescribed.

What properties are covered under Section 67(1)?

Properties entrusted or deemed entrusted to a Gram Panchayat or local authority and lands possession of which may be taken under the Code are covered.

On what basis may the Assistant Collector act under Section 67(2)?

The Assistant Collector may act on information received under Section 67(1) or otherwise.

What satisfaction is required under Section 67(2)?

The Assistant Collector must be satisfied that property has been damaged or misappropriated or land is occupied in contravention of the Code.

What duty is imposed upon the Assistant Collector under Section 67(2)?

The Assistant Collector shall issue notice to the person concerned to show cause.

What may the notice under Section 67(2) require?

The notice may require the person to show cause why compensation should not be recovered and why he should not be evicted.

What compensation may be recovered under Section 67(2)?

Compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice may be recovered.

What consequence follows failure to show cause under Section 67(3)?

The Assistant Collector may direct eviction from the land and recovery of compensation.

What consequence follows insufficiency of cause under Section 67(3)?

The Assistant Collector may direct eviction from the land and recovery of compensation.

What power regarding use of force is conferred under Section 67(3)?

The Assistant Collector may use or cause to be used such force as may be necessary for eviction.

How may compensation under Section 67(3) be recovered?

Compensation may be recovered as arrears of land revenue.

What compensation may be recovered under Section 67(3)?

Compensation for damage, misappropriation or wrongful occupation may be recovered.

What action shall the Assistant Collector take under Section 67(4) of the Uttar Pradesh Revenue Code, 2006?

The Assistant Collector shall discharge the notice if he is of opinion that the person showing cause is not guilty of damage, misappropriation or wrongful occupation.

Who may prefer an appeal under Section 67(5)?

Any person aggrieved by an order of the Assistant Collector under Section 67(3) or Section 67(4) may prefer an appeal.

Before whom shall an appeal lie under Section 67(5)?

The appeal shall lie before the Collector.

Within what period may an appeal be preferred under Section 67(5)?

The appeal may be preferred within thirty days from the date of the order.

What is the effect of the non-obstante clause under Section 67(6)?

Section 67(6) operates notwithstanding anything contained in any other provision of the Code.

What is the effect of orders under Section 67(6)?

Every order of the Assistant Collector under Section 67 shall, subject to Section 67(5), be final.

To what is the finality under Section 67(6) subject?

The finality is subject to the provisions of Section 67(5).

What procedure shall apply under Section 67(7)?

The procedure to be followed in actions under Section 67 shall be such as may be prescribed.

What is included within the meaning of ‘land’ under the Explanation to Section 67?

The word ‘land’ includes trees and buildings standing thereon.

What is the subject matter of Section 67-A of the Uttar Pradesh Revenue Code, 2006?

Certain house sites to be settled with existing owners thereof.

To whom does Section 67-A(1) apply?

Section 67-A(1) applies to persons referred to in Section 64(1) who have built a house on land referred to in Section 63.

What condition regarding existence of house is required under Section 67-A(1)?

The house must exist on November 29, 2012.

What lands are covered under Section 67-A(1)?

Lands referred to in Section 63 other than land reserved for any public purpose are covered.

What right is conferred under Section 67-A(1)?

The site of the house shall be held by the owner of the house.

On what basis shall the house site be held under Section 67-A(1)?

The house site shall be held on such terms and conditions as may be prescribed.

To whom does Section 67-A(2) apply?

Section 67-A(2) applies to persons referred to in Section 64(1) who have built a house on land held by a tenure holder not being a government lessee.

What condition regarding existence of house is required under Section 67-A(2)?

The house must exist on November 29, 2000.

What is the effect of the non-obstante clause under Section 67-A(2)?

Section 67-A(2) operates notwithstanding anything contained in the Code.

What legal fiction is created under Section 67-A(2)?

The site of the house shall be deemed to be settled with the owner of the house by the tenure holder.

On what basis shall settlement under Section 67-A(2) operate?

Settlement shall operate on such terms and conditions as may be prescribed.

What presumption is created under the Explanation to Section 67-A(2)?

A house existing on November 29, 2000 on land held by a tenure holder shall be presumed to have been built by the occupant thereof unless the contrary is proved.

What presumption applies where occupants are members of one family under the Explanation to Section 67-A(2)?

The house shall be presumed to have been built by the head of the family unless the contrary is proved.

What is the subject matter of Section 68 of the Uttar Pradesh Revenue Code, 2006?

Gaon Fund.

What amounts shall be credited to the Gaon Fund under Section 68(1)?

All sums received under the Code by a Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti shall be credited to the Gaon Fund.

Who may receive sums credited to the Gaon Fund under Section 68(1)?

A Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti may receive such sums.

What is provided in the proviso to Section 68(1)?

Amount of damages or compensation recovered under Section 67 shall be credited to the Consolidated Gaon Fund.

What legal fiction is created under Section 68(2)?

Gaon Funds constituted under enactments repealed by the Code and subsisting immediately before commencement of the Code shall be deemed to have been constituted under Section 68.

What condition is required for deemed constitution under Section 68(2)?

The Gaon Fund must have been subsisting immediately before commencement of the Code.

How shall the Gaon Fund be operated under Section 68(3)?

The Gaon Fund shall be operated in such manner as may be prescribed.

For what purposes shall the Gaon Fund be applied under Section 68(3)?

The Gaon Fund shall be applied for such purposes as may be prescribed.

What is the subject matter of Section 69 of the Uttar Pradesh Revenue Code, 2006?

Consolidated Gaon Fund.

What fund shall be established under Section 69(1)?

A Consolidated Gaon Fund shall be established for each district.

What amounts shall be credited under Section 69(1)(a)?

Amounts referred to in the proviso to Section 68(1) shall be credited.

What amounts shall be credited under Section 69(1)(b)?

Contributions received by the Collector under Section 69(2) shall be credited.

What amounts shall be credited under Section 69(1)(c)?

Such other amounts as may be prescribed shall be credited.

What duty is imposed upon every Gram Panchayat under Section 69(2)?

Every Gram Panchayat shall annually pay to the Collector a notified percentage of the total amount credited to the Gaon Fund under Section 67.

What is the maximum percentage payable under Section 69(2)?

The percentage shall not exceed twenty five.

Who may notify the percentage under Section 69(2)?

The State Government may notify the percentage from time to time.

In what manner shall payment under Section 69(2) be made?

Payment shall be made in the manner prescribed.

Who shall operate the Consolidated Gaon Fund under Section 69(3)?

The Collector shall operate the Consolidated Gaon Fund.

For what purpose may the Consolidated Gaon Fund be applied under Section 69(3)(a)?

It may be applied for payment of fees and allowances of lawyers appointed under Section 72.

For what purpose may the Consolidated Gaon Fund be applied under Section 69(3)(b)?

It may be applied for expenses incurred in conduct and prosecution of suits, applications or proceedings by or against the Gram Panchayat or Bhumi Prabandhak Samiti.

For what purpose may the Consolidated Gaon Fund be applied under Section 69(3)(c)?

It may be applied for expenses incurred on development of lands of common utility.

For what purpose may the Consolidated Gaon Fund be applied under Section 69(3)(d)?

It may be applied for payment of sums declared by the State Government to be an appropriate charge on the fund.

What legal fiction is created under Section 69(4)?

Consolidated Gaon Funds constituted under repealed enactments and subsisting immediately before commencement of the Code shall be deemed to have been constituted under Section 69.

What power is conferred upon the State Government under Section 69(5)?

The State Government may direct establishment of a Consolidated Gaon Fund for each tahsil.

By what mode may the State Government act under Section 69(5)?

The State Government may act by notification in the gazette.

For what purpose shall Consolidated Gaon Funds for tahsils be established under Section 69(5)?

Consolidated Gaon Funds shall be established for the purpose and in the manner prescribed.

What is the subject matter of Section 70 of the Uttar Pradesh Revenue Code, 2006?

Orders and directions of the State Government and the Collector.

What power is conferred upon the State Government under Section 70(1)?

The State Government may issue orders or directions to the Bhumi Prabandhak Samiti for purposes of the Code.

What power is conferred upon the Collector under Section 70(1)?

The Collector may, subject to the control of the State Government, issue orders or directions to the Bhumi Prabandhak Samiti for purposes of the Code.

To whom may orders or directions be issued under Section 70(1)?

Orders or directions may be issued to the Bhumi Prabandhak Samiti.

For what purpose may orders or directions be issued under Section 70(1)?

Orders or directions may be issued for purposes of the Code.

What duty is imposed upon the Bhumi Prabandhak Samiti under Section 70(2)?

The Bhumi Prabandhak Samiti shall forthwith carry out orders and comply with directions issued under Section 70(1).

What duty is imposed upon office bearers under Section 70(2)?

Office bearers shall forthwith carry out orders and comply with directions issued under Section 70(1).

What is the subject matter of Section 71 of the Uttar Pradesh Revenue Code, 2006?

Alternative arrangement.

Under what circumstance may the Collector act under Section 71(a)?

The Collector may act where the Bhumi Prabandhak Samiti has failed without reasonable cause or excuse to discharge its duties or perform its functions.

Under what circumstance may the Collector act under Section 71(b)?

The Collector may act where circumstances have arisen rendering the Bhumi Prabandhak Samiti unable or likely to be unable to discharge its duties or functions.

Under what circumstance may the Collector act under Section 71(c)?

The Collector may act where it is otherwise expedient or necessary to do so.

What power is conferred upon the Collector under Section 71?

The Collector may direct that duties, powers and functions of the Bhumi Prabandhak Samiti be discharged, exercised and performed by another officer.

What is the effect of the non-obstante clause under Section 71?

Section 71 operates notwithstanding anything contained in any other law for the time being in force.

Who may discharge functions under Section 71?

An officer not below the rank of a Naib-Tahsildar may discharge the duties, powers and functions of the Bhumi Prabandhak Samiti.

For what period may alternative arrangement under Section 71 operate?

The arrangement may operate for such period as may be specified.

To what may alternative arrangement under Section 71 be subject?

The arrangement may be subject to such restrictions as may be specified.

What safeguard is provided in the proviso to Section 71?

Reasonable opportunity of hearing shall be given to the Bhumi Prabandhak Samiti before issuing any direction under Section 71.

What is the subject matter of Section 72 of the Uttar Pradesh Revenue Code, 2006?

Standing Counsel and other lawyers.

What power is conferred upon the State Government under Section 72(1)?

The State Government may appoint legal practitioners on prescribed terms, conditions and manner.

Who may be appointed under Section 72(1)(a)?

One or more Standing Counsel (Revenue) each at Allahabad High Court and Lucknow Bench may be appointed.

Who may be appointed under Section 72(1)(b)?

One or more Standing Counsel (Revenue) each for Board of Revenue Allahabad and Lucknow may be appointed.

Who may be appointed under Section 72(1)(c)?

One or more Divisional Government Counsel (Revenue) for divisional headquarters may be appointed.

Who may be appointed under Section 72(1)(d)?

One District Government Counsel (Revenue) and one or more Additional District Government Counsel (Revenue) for district headquarters may be appointed.

What power is conferred upon the Collector under Section 72(2)?

The Collector may appoint Panel Lawyers (Revenue) for every tahsil.

What is the maximum number of Panel Lawyers under Section 72(2)?

Not more than two Panel Lawyers may be appointed for every tahsil.

On what basis shall appointments under Section 72(2) be made?

Appointments shall be made on prescribed terms, conditions and manner.

What right is conferred upon legal practitioners under Section 72(3)?

Legal practitioners may plead or act on behalf of Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti without written authority.

To what is Section 72(3) subject?

Section 72(3) is subject to Section 62(2).

Before whom may legal practitioners act under Section 72(3)?

Legal practitioners may act before any Court or authority for which they are appointed.

What restriction is imposed under Section 72(4)?

No Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti shall engage any other legal practitioner without prior permission of the Collector.

What is the effect of the non-obstante clause under Section 72(5)?

Section 72(5) operates notwithstanding anything contained in the Court Fees Act, 1870.

What exemption is provided under Section 72(5)?

No court fee shall be payable on vakalatnama or memo of appearance filed by legal practitioners appointed under Section 72.

What restriction is imposed under Section 72(6)?

Legal practitioners appointed under Section 72 shall not plead or act against any Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti before the Court for which they are appointed.

What power is conferred upon the State Government under Section 72(7) of the Uttar Pradesh Revenue Code, 2006?

The State Government may issue directions for monitoring cases and performance based annual appraisal of Panel Advocates and appoint law officers for such purpose.

By what mode may the State Government act under Section 72(7)?

The State Government may act by notification in the gazette.

For what purpose may directions be issued under Section 72(7)?

Directions may be issued for monitoring cases filed by or against Gram Panchayat, Gram Sabha or Bhumi Prabandhak Samiti.

For what purpose may directions be issued regarding Panel Advocates under Section 72(7)?

Directions may be issued for performance based annual appraisal of Panel Advocates appointed under the Code or repealed enactments.

What additional power is conferred under Section 72(7)?

The State Government may appoint law officers for the purposes specified in Section 72(7).

What is the subject matter of Section 73 of the Uttar Pradesh Revenue Code, 2006?

Representation of Gram Panchayat.

How shall a Gram Panchayat be represented in proceedings before the Collector or Civil Court under Section 73(1)(a)?

The Gram Panchayat shall be represented by the District Government Counsel (Revenue).

How shall a Gram Panchayat be represented in proceedings before the Commissioner under Section 73(1)(b)?

The Gram Panchayat shall be represented by the Divisional Government Counsel (Revenue).

How shall a Gram Panchayat be represented in proceedings before the Board or High Court under Section 73(1)(c)?

The Gram Panchayat shall be represented by the separate Standing Counsel (Revenue) of Lucknow or Allahabad, as the case may be.

What saving is contained in Section 73(2)?

Nothing in the Chapter shall preclude the State Government or Collector from appointing special counsel.

For what purpose may special counsel be appointed under Section 73(2)?

Special counsel may be appointed for conduct of suits or proceedings to which a Gram Panchayat is a party.

Who may appoint special counsel under Section 73(2)?

The State Government or the Collector may appoint special counsel.

On what basis may special counsel be appointed under Section 73(2)?

Special counsel may be appointed on such terms and conditions as may be prescribed.

CHAPTER IX

Tenures

What is the subject matter of Section 74 of the Uttar Pradesh Revenue Code, 2006?

Classes of tenures.

What classes of tenure holders are recognised under Section 74?

Bhumidhar with transferable rights, Bhumidhar with non-transferable rights, Asami and Government lessee are recognised classes of tenure holders.

Who is included under Section 74(a)?

Bhumidhar with transferable rights is included.

Who is included under Section 74(b)?

Bhumidhar with non-transferable rights is included.

Who is included under Section 74(c)?

Asami is included.

Who is included under Section 74(d)?

Government lessee is included.

What is the subject matter of Section 75 of the Uttar Pradesh Revenue Code, 2006?

Bhumidhar with transferable rights.

Who shall be called bhumidhar with transferable rights under Section 75?

Every person belonging to classes specified in Section 75(a) and Section 75(b) shall be called bhumidhar with transferable rights.

What rights and liabilities attach to a bhumidhar with transferable rights under Section 75?

A bhumidhar with transferable rights shall have all rights and be subject to all liabilities conferred or imposed by or under the Code.

Who is included under Section 75(a)?

Every person who was a bhumidhar with transferable rights immediately before commencement of the Code is included.

What date is relevant under Section 75(a)?

The date immediately before commencement of the Code is relevant.

Who is included under Section 75(b)?

Every person acquiring rights of a bhumidhar with transferable rights on or after commencement of the Code under the Code or any other law is included.

In what manner may rights be acquired under Section 75(b)?

Rights may be acquired under or in accordance with the provisions of the Code or any other law for the time being in force.

What is the subject matter of Section 76 of the Uttar Pradesh Revenue Code, 2006?

Bhumidhar with non-transferable rights.

Who shall be called bhumidhar with non-transferable rights under Section 76(1)?

Every person belonging to classes specified in Section 76(1)(a) to Section 76(1)(e) shall be called bhumidhar with non-transferable rights.

What rights and liabilities attach to a bhumidhar with non-transferable rights under Section 76(1)?

A bhumidhar with non-transferable rights shall have all rights and be subject to all liabilities conferred or imposed by or under the Code.

Who is included under Section 76(1)(a)?

Every person who was a bhumidhar with non-transferable rights immediately before commencement of the Code is included.

Who is included under Section 76(1)(b)?

Every person admitted as a bhumidhar with non-transferable rights by the Bhumi Prabandhak Samiti under the Code is included.

Who is included under Section 76(1)(c)?

Every person allotted land under the Uttar Pradesh Bhoodan Yajna Act, 1952 is included.

Who is included under Section 76(1)(d)?

Every person allotted land under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 is included.

Who is included under Section 76(1)(dd)?

Every person who was an asami in possession of land not covered by Section 77 immediately before commencement of the Code and recorded in class-3 of annual register (khatauni) of 1407 Fasli is included.

What limitation is imposed in the proviso to Section 76(1)(dd)?

Rights shall accrue only to such extent that total land held does not exceed ceiling area under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.

What requirement regarding demarcation is provided in the proviso to Section 76(1)(dd)?

The area shall be demarcated in the prescribed manner according to principles laid down in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.

Who is included under Section 76(1)(e)?

Every person acquiring rights of such bhumidhar under the Code or any other law after commencement of the Code is included.

When shall a bhumidhar with non-transferable rights become bhumidhar with transferable rights under Section 76(2)?

A person who had been bhumidhar with non-transferable rights for five years or more immediately before commencement of the Code shall become bhumidhar with transferable rights on such commencement.

When shall a person become bhumidhar with transferable rights under Section 76(3)?

A person shall become bhumidhar with transferable rights after expiry of five years from becoming bhumidhar with non-transferable rights.

What is the effect of the non-obstante clause under Section 76(4)?

Section 76(4) operates notwithstanding anything contained in any other provision of the Code.

What restriction is imposed under Section 76(4)?

A person transferring land by sale after becoming bhumidhar with transferable rights shall not be eligible for lease of land vested in Gram Panchayat, State Government or surplus land under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.

What is the subject matter of Section 77 of the Uttar Pradesh Revenue Code, 2006?

Bhumidhari rights not to accrue in certain lands.

What is the effect of the non-obstante clause under Section 77(1)?

Section 77(1) operates notwithstanding anything contained in the Code or any other law for the time being in force.

What restriction is imposed under Section 77(1)?

No person shall acquire rights of a bhumidhar in lands specified under Section 77(1)(a) to Section 77(1)(j).

What lands are covered under Section 77(1)(a)?

Khaliyan, manure pits, pasture land or land normally used as burial or cremation ground are covered.

What lands are covered under Section 77(1)(b)?

Land covered by water and used for growing singhara or other produce is covered.

What lands are covered under Section 77(1)(c)?

Land situated in the bed of a river and used for casual or occasional cultivation is covered.

What lands are covered under Section 77(1)(d)?

Tracts of shifting or unstable cultivation specified by notification of the State Government are covered.

What lands are covered under Section 77(1)(e)?

Land declared and notified by the State Government for taungya plantation is covered.

What lands are covered under Section 77(1)(f)?

Grove land entrusted or deemed entrusted to a Gram Panchayat or local authority under Section 59 is covered.

What lands are covered under Section 77(1)(g)?

Land included in sullage farm or trenching ground entrusted or deemed entrusted under Section 59 is covered.

What lands are covered under Section 77(1)(h)?

Land acquired or held for a public purpose or work of public utility is covered.

What lands are covered under Section 77(1)(i)?

Land covered by a pond, tank or lake or forming part of an embankment, bandh or bhita is covered.

What lands are covered under Section 77(1)(j)?

Any other land specified by the State Government by notification is covered.

What is included within the expression ‘public purpose’ under the Explanation to Section 77?

Public purpose includes land set apart for military encamping ground, land within railway or canal boundaries, land acquired and held by a local authority for its own purposes, land referred to in Section 29-C of the Uttar Pradesh Consolidation of Holdings Act, 1953 and land reserved by a Gram Panchayat for public utility purposes.

What land is included within public purpose under Explanation (i) to Section 77?

Land set apart for military encamping ground is included.

What land is included within public purpose under Explanation (ii) to Section 77?

Land included within railway or canal boundaries is included.

What land is included within public purpose under Explanation (iii) to Section 77?

Land acquired and held by a local authority for its own purposes is included.

What land is included within public purpose under Explanation (iv) to Section 77?

Land referred to in Section 29-C of the Uttar Pradesh Consolidation of Holdings Act, 1953 is included.

What land is included within public purpose under Explanation (v) to Section 77?

Land reserved by a Gram Panchayat for purposes of public utility is included.

What is the effect of the non-obstante clause under Section 77(2) of the Uttar Pradesh Revenue Code, 2006?

Section 77(2) operates notwithstanding anything contrary contained in other provisions of the Code.

Under what circumstance may the State Government change the class of public utility land under Section 77(2)?

The State Government may change the class where land specified in Section 77(1) is surrounded by or situated between plots purchased, acquired or resumed for public purpose.

What consequence follows change of class under Section 77(2)?

Equivalent or larger land shall be reserved for the same purpose in the same Gram Panchayat or local authority.

What alternative power is conferred under Section 77(2)?

The State Government may permit exchange of such land under Section 101 in the prescribed manner.

What condition is imposed in the proviso to Section 77(2)?

Class of public utility land may be changed only in exceptional cases on prescribed terms and conditions.

What duty is imposed under the proviso to Section 77(2)?

Reasons for changing the class of public utility land shall be recorded in writing.

What factors shall be considered under Section 77(3)?

Location, public utility and suitability of land proposed to be reserved or exchanged shall be considered.

What duty is imposed upon the Collector under Section 77(4)?

The Collector shall order correction of the record of rights and map where class of land is changed.

What is meant by ‘public purpose’ under the Explanation to Section 77?

‘Public purpose’ means mutatis mutandis the public purpose defined in Section 3(za) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

What is the subject matter of Section 78 of the Uttar Pradesh Revenue Code, 2006?

Asami.

Who shall be called an asami under Section 78?

Every person belonging to classes specified in Section 78(a) to Section 78(d) shall be called an asami.

What rights and liabilities attach to an asami under Section 78?

An asami shall have all rights and be subject to all liabilities conferred or imposed by or under the Code.

To what is Section 78(a) subject?

Section 78(a) is subject to Section 76(1)(dd) of the Code.

Who is included under Section 78(a)?

Every person who was an asami immediately before commencement of the Code is included.

Who is included under Section 78(b)?

Every person admitted as an asami by the Bhumi Prabandhak Samiti under the Code is included.

Who is included under Section 78(c)?

Every person admitted as lessee by a bhumidhar under the Code is included.

Who is included under Section 78(d)?

Every person acquiring rights of an asami under the Code or any other law for the time being in force is included.

What is the subject matter of Section 79 of the Uttar Pradesh Revenue Code, 2006?

Right of Bhumidhars to exclusive possession.

What right is conferred upon a bhumidhar with transferable rights under Section 79(1)?

A bhumidhar with transferable rights shall have the right to exclusive possession of all land of which he is such bhumidhar.

To what is the right under Section 79(1) subject?

The right is subject to the provisions of the Code.

For what purpose may land be used under Section 79(1)?

The land may be used for any purpose whatsoever.

What right is conferred upon a bhumidhar with non-transferable rights under Section 79(2)?

A bhumidhar with non-transferable rights shall have the right to exclusive possession of all land of which he is such bhumidhar.

To what is the right under Section 79(2) subject?

The right is subject to the provisions of the Code.

For what purpose may land be used under Section 79(2)?

The land may be used for any purpose connected with agriculture.

What is the subject matter of Section 80 of the Uttar Pradesh Revenue Code, 2006?

Use of holding for Industrial, Commercial or Residential purposes.

Who may apply under Section 80(1)?

A bhumidhar with transferable rights may apply.

For what purposes may land be used under Section 80(1)?

Land may be used for industrial, commercial or residential purposes.

Who may make declaration under Section 80(1)?

The Sub-Divisional Officer may make the declaration.

Can the Sub-Divisional Officer act suo motu under Section 80(1)?

Yes, the Sub-Divisional Officer may act suo motu.

What enquiry is required under Section 80(1)?

Such enquiry as may be prescribed is required.

What declaration may be made under Section 80(1)?

A declaration that the land is being used for purposes not connected with agriculture.

Within what period must decision be taken under Section 80(1)?

Decision must be taken within forty-five working days from receipt of application.

What must the Sub-Divisional Officer do if application is rejected under Section 80(1)?

He shall record reasons in writing and inform the applicant.

What is the effect if no decision is taken within forty-five days under the first proviso to Section 80(1)?

The declaration shall be deemed to have been made.

What conditions are necessary for deemed declaration under Section 80(1)?

Prescribed fee must accompany the application and, in case of joint holding, no objection of co-tenure holders must be attached.

Who shall record the deemed declaration under the proviso to Section 80(1)?

The Tehsildar shall record it in revenue records.

What remark shall be entered by the Tehsildar under the proviso to Section 80(1)?

“Subject to the order of the Sub-Divisional Officer.”

Who may file objection against the declaration under the proviso to Section 80(1)?

Any concerned party may file objection before the competent court.

What is covered under Section 80(2)?

Proposed future use of holding for non-agricultural purposes.

What declaration may be made under Section 80(2)?

Declaration that the land may be used for purposes not connected with agriculture.

Within what period must decision be taken under Section 80(2)?

Decision must be taken within forty-five working days from receipt of application.

What happens if proposed activity is not started within five years under the first proviso to Section 80(2)?

The declaration under sub-section (2) shall lapse.

Does declaration under Section 80(2) amount to change of land use?

No, the land shall continue to be treated as agricultural land.

What benefit does declaration under Section 80(2) provide?

The bhumidhar may obtain loans, permissions and clearances for the proposed activity.

Who may apply under Section 80(3)?

A bhumidhar possessing declaration under sub-section (2).

For what purpose may application be made under Section 80(3)?

For conversion of declaration under sub-section (2) into declaration under sub-section (1).

Within what time must conversion application be made under Section 80(3)?

Within five years from declaration under sub-section (2).

Within what period must the Sub-Divisional Officer decide application under Section 80(3)?

Within fifteen days from receipt of application.

What must be done if conversion application is rejected under Section 80(3)?

Reasons for rejection must be recorded in writing.

What fee is payable for conversion under the proviso to Section 80(3)?

Only the balance fee calculated at prevailing circle rate after adjustment of fee already paid.

What restriction is imposed under Section 80(4)?

Application by one co-bhumidhar having undivided interest is not maintainable unless all co-bhumidhars apply jointly.

When can one co-bhumidhar apply separately under Section 80(4)?

After division of shares in accordance with law.

What must an application under Section 80(5) contain?

Such particulars and manner as may be prescribed.

What power does the Sub-Divisional Officer have under Section 80(6)?

He may demarcate part of the holding for purposes of declaration.

When can declaration be refused under Section 80(7)?

If proposed use is likely to cause public nuisance, affect public order, health, safety or convenience, or is against the master plan.

What permission is necessary under Section 80(8)?

Prior permission of concerned Development Authority is mandatory if land falls within notified development area.

When does the proviso to Section 80 apply?

The proviso applies where land for which declaration is sought falls within the notified area of specified authorities.

Which authorities are referred to in the proviso to Section 80?

Development Authority, Industrial Development Authority, Regulated Area, Special Area Development Authority and Uttar Pradesh Housing and Development Board are referred to.

What permissions are recognized under the proviso to Section 80?

Building permission, development permission or approval of layout plan are recognized.

Under which enactments must such permissions be granted for applicability of the proviso to Section 80?

Permissions must be granted under the Uttar Pradesh Urban Planning and Development Act, 1973, Uttar Pradesh Industrial Area Development Act, 1976, Uttar Pradesh (Regulation of Building Operations) Act, 1958, Uttar Pradesh Special Area Development Authorities Act, 1986, or Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965.

What is the legal effect of such permission under the proviso to Section 80?

Such permission shall be deemed to constitute a declaration under Section 80(2).

What must be done after such deemed declaration under the proviso to Section 80?

An entry to this effect shall compulsorily be recorded in the revenue records.

Within what period must entry be recorded under the proviso to Section 80?

Entry must be recorded within fifteen days.

Is any enquiry required before recording entry under the proviso to Section 80?

Yes, such inquiry as may be prescribed is required.

What is provided in the second proviso to Section 80?

No fee shall be charged at the time of declaration under Section 80(2).

Who may fix fees under Section 80(9)?

The State Government may fix fees for declaration.

Can different fees be fixed under Section 80(9)?

Yes, different fees may be fixed for different purposes.

When is no fee chargeable under the proviso to Section 80(9)?

No fee is chargeable where land is used for applicant’s own residential purpose.

What is the subject matter of Section 81 of the Uttar Pradesh Revenue Code, 2006?

Consequences of declaration.

When do consequences under Section 81 arise?

Consequences arise where a declaration has been made under Section 80.

To what land do consequences under Section 81 apply?

Consequences apply to the holding or part thereof to which the declaration relates.

What is the effect of Section 81(a)?

All restrictions regarding transfer of land under the Chapter shall cease to apply to the bhumidhar with transferable rights.

To whom does Section 81(a) apply?

Section 81(a) applies to a bhumidhar with transferable rights.

What is the effect of the non-obstante clause under Section 81(b)?

Section 81(b) operates notwithstanding anything contained in Chapter XI.

What is the effect of Section 81(b)?

The land shall be exempted from payment of land revenue.

From when shall exemption under Section 81(b) operate?

Exemption shall operate from commencement of the agricultural year following the date of declaration.

What is the effect of Section 81(c)?

The bhumidhar shall, in matters of devolution, be governed by the personal law to which he is subject.

What is the subject matter of Section 82 of the Uttar Pradesh Revenue Code, 2006?

Cancellation of declaration.

Under what circumstance may a declaration be cancelled under Section 82(1)?

A declaration may be cancelled where the holding or part thereof is used for a purpose connected with agriculture.

Who may cancel the declaration under Section 82(1)?

The Sub-Divisional Officer may cancel the declaration.

On what basis may the Sub-Divisional Officer act under Section 82(1)?

The Sub-Divisional Officer may act on his own motion or on an application made in that behalf.

What procedure shall be followed under Section 82(1)?

The Sub-Divisional Officer shall make such inquiry as may be prescribed.

What consequence follows cancellation under Section 82(2)(a)?

The holding or part shall become subject to all restrictions regarding transfer and devolution under the Chapter.

What consequence follows cancellation under Section 82(2)(b)?

The holding or part shall become liable to payment of land revenue.

From when shall liability to pay land revenue arise under Section 82(2)(b)?

Liability shall arise from commencement of the agricultural year in which the cancellation order is made.

What deeming provision is contained in the proviso to Section 82(2)(b)?

Until reassessment, the land revenue payable before declaration under Section 80 shall be deemed payable.

What consequence follows under Section 82(2)(c)?

Contracts or leases inconsistent with the Code shall become void to the extent of inconsistency.

Who may sue for ejectment under Section 82(2)(c)?

The bhumidhar may sue for ejectment of the person in possession.

What condition is required under Section 82(2)(c)?

The land must be in possession of another person under a contract or lease inconsistent with the Code.

What deeming provision is contained in the proviso to Section 82(2)(c)?

A mortgage with possession existing on the date of cancellation shall be deemed substituted by a simple mortgage.

To what extent shall substitution operate under the proviso to Section 82(2)(c)?

Substitution shall operate to the extent of the amount due and secured on such land.

At what rate shall interest be payable under the proviso to Section 82(2)(c)?

Interest shall be payable at such rates as may be prescribed.

What is the subject matter of Section 83 of the Uttar Pradesh Revenue Code, 2006?

Recording of declaration or cancellation.

What duty is imposed under Section 83 regarding declaration under Section 80?

Every declaration under Section 80 shall be recorded in the record of rights.

What duty is imposed under Section 83 regarding cancellation under Section 82?

Every cancellation under Section 82 shall be recorded in the record of rights.

In what manner shall recording under Section 83 be made?

Recording shall be made in the manner prescribed.

What provision is made regarding mutation after declaration under Section 80?

Mutation orders on the basis of transfer or succession shall still be passed in the prescribed manner even after declaration under Section 80.

What is the subject matter of Section 84 of the Uttar Pradesh Revenue Code, 2006?

Right of an asami for exclusive possession of his holding.

What right is conferred upon an asami under Section 84?

An asami shall have the right to exclusive possession of all land comprised in his holding.

To what is the right under Section 84 subject?

The right is subject to the provisions of the Code.

For what purpose may an asami use land under Section 84?

An asami may use land for any purpose connected with agriculture.

What restriction is imposed in the proviso to Section 84?

No asami shall use land declared for taungya plantation for any purpose other than cultivation and raising of crops.

By whom may land be declared intended or set apart for taungya plantation under the proviso to Section 84?

The State Government may declare such land by notification.

What is the subject matter of Section 85 of the Uttar Pradesh Revenue Code, 2006?

Consequences of using the land in contravention of the provisions of this Code.

What is the effect of the non-obstante clause under Section 85(1)?

Section 85(1) operates notwithstanding anything contained in any other provision of the Code.

When is a bhumidhar with non-transferable rights liable to ejectment under Section 85(1)?

A bhumidhar with non-transferable rights is liable to ejectment when he uses his holding or part thereof in contravention of Section 79.

Who may institute a suit under Section 85(1)?

The Gram Panchayat may institute the suit.

From what property may ejectment be ordered under Section 85(1)?

Ejectment may be ordered from the holding or part thereof used in contravention.

What is the effect of the non-obstante clause under Section 85(2)?

Section 85(2) operates notwithstanding anything contained in any other provision of the Code.

When is an asami liable to ejectment under Section 85(2)?

An asami is liable to ejectment when he uses his holding or part thereof for a purpose not permitted by Section 84.

Who may institute a suit under Section 85(2)?

The land holder may institute the suit.

From what property may ejectment be ordered under Section 85(2)?

Ejectment may be ordered from the holding or part thereof used in contravention.

What additional direction may be included in a decree under Section 85(3)?

The decree may direct payment of damages equivalent to the cost of restoring the land to its original condition.

What is the subject matter of Section 86 of the Uttar Pradesh Revenue Code, 2006?

Extinction of interest of bhumidhar with non-transferable rights or asami.

When does     Section 86 apply?

Section 86 applies where a bhumidhar with non-transferable rights or an asami has been ejected under Section 85.

What is the effect of ejectment under Section 86?

All rights and interest of the bhumidhar or asami in the holding or part thereof shall stand extinguished.

What happens to improvements under Section 86?

Improvements made in the holding or part thereof shall also stand extinguished.

To whom does Section 86 apply?

Section 86 applies to a bhumidhar with non-transferable rights or an asami.

What is the subject matter of Section 87 of the Uttar Pradesh Revenue Code, 2006?

Improvement not to be removed.

What right is conferred upon a bhumidhar under Section 87(1)?

A bhumidhar may make improvements in the land of which he is bhumidhar.

For what purposes may improvements be made under Section 87(1)?

Improvements may be made for cultivation of land or for more convenient use thereof.

What restriction is imposed under Section 87(2)?

A tenure holder whose rights are extinguished shall not remove or appropriate improvements made by him.

When does Section 87(2) apply?

Section 87(2) applies where rights, title or interest of a tenure holder are extinguished under the Code.

What improvements are covered under Section 87(2)?

Improvements made under Section 87(1) are covered.

What is the subject matter of Section 88 of the Uttar Pradesh Revenue Code, 2006?

Transferability of a bhumidhar’s interest.

What is the rule regarding transferability under Section 88(1)?

The interest of a bhumidhar with transferable rights shall be transferable subject to the provisions of the Code.

To what is transferability under Section 88(1) subject?

Transferability is subject to the provisions of the Code.

What restriction is imposed under Section 88(2)?

The interest of a bhumidhar with non-transferable rights or an asami shall not be transferable.

To what exception is Section 88(2) subject?

Section 88(2) is subject to express provisions of the Code or any other law for the time being in force.

Whose interests are non-transferable under Section 88(2)?

Interests of a bhumidhar with non-transferable rights and an asami are non-transferable.

What is the subject matter of Section 89 of the Uttar Pradesh Revenue Code, 2006?

Restrictions on transfer by bhumidhar.

What restriction is imposed under Section 89(1)?

No bhumidhar shall transfer any holding or part thereof if the transfer contravenes sub-sections (2) or (3).

What restriction is imposed under Section 89(2)?

No person shall acquire by purchase or gift land exceeding the prescribed ceiling limit.

What is the maximum land limit prescribed under Section 89(2)?

The limit is 5.0586 hectares in Uttar Pradesh.

Whose land holdings are considered for calculating ceiling under Section 89(2)?

Land held by the transferee and, if the transferee is a natural person, land held by his family are considered.

Can acquisition beyond ceiling limit be approved under Section 89(3)?

Yes, the State Government or authorized officer may approve such acquisition.