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ALIGARH MUSLIM UNIVERSITY

FACULTY OF LAW
SESSION- 2021-22

TOPIC- AN OVERVIEW OF REVENUE


ADMINISTRATION UNDER UP REVENUE CODE 2006
SUBJECT- UP LAND LAW -I
PURPOSE- Project work
SUBMITTED BY- Shubham Gupta
ROLL NO.- 18BALLB026
ENROLLMENT NO.- GJ3709
COURSE- BALLB (7th SEMESTER)

SUBMITTED TO – Dr. Shaista Nasreen


INDEX

1. INTRODUCTION
2. HISTORY OF LAND REVENUE
ADMINISTRATION
3. OBJECTIVES OF REVENUE DEPARTMENT
4. MEANING OF REVENUE COURTS AND REVENUE
OFFICERS
5. DIVISION OF STATE INTO REVENUE AREAS
6. CONSTITUTION OF REVENUE AREAS
7. BOARD OF REVENUE (STRUCTURE AND
FUNCTIONS)
8. JURISDICTION OF THE BOARD
9. ADJUDICATING POWER OF THE BOARD
10. SECTIONS 11 TO 17
CONCLUSION
BIBLIOGRAPHY
INTRODUCTION
The U.P. Revenue code 2006, received the assent of the President on 29th Nov, 2012. The code
consists of of XVI Chapters but Rules contain only XIV chapters. The code comprises 234
sections and four schedules. Sections 1, 4 to 19 and sections 233 and 234 and some of them i.e.,
rest of the provisions of the code except those which came into operation on 18.12. 2015 came
into operation w.e.f 11.2.2016 i.e., the date of enforcement.

SECTION 1 OF UP REVENUE CODE, 2006 provides for short title, extent and
commencement of the act i.e., This Act may be called the Uttar Pradesh Revenue Code, 2006.

• It extends to the whole of Uttar Pradesh.


• It shall come into force on such date as the State Government may, by notification,
appoint, and different dates may be appointed for different areas or for different
provisions of this Code.

SECTION 2 OF UP REVENUE CODE, 2006 provides for its applicability i.e., The provisions
of this Code, except Chapters VIII and IX shall apply to the whole of Uttar Pradesh, and
Chapters VIII and IX shall apply to the areas to which any of the enactments specified at serial
numbers 19 and 25 of the First Schedule was applicable on the date immediately preceding their
repeal by this Code.

SECTION 3 OF UP REVENUE CODE, 2006 provides for extension of the code to new areas
i.e., After the commencement of the code, if new areas are added to the territory of U.P.

OBJECTIVES OF THE ACT

• To consolidate and amend the law relating to-


 Land tenures (UP Zamindari Abolition and Land Reform Act, 1950)
 Land revenue (UP Land Revenue Act 1901)

The Government of Uttar Pradesh has implemented the revenue code 2006, to make it easier for
people to get justice. It protects the interest of weaker sections of society. The Code harmonises
with the use of modern techniques for demarcation and digitalisation of Revenue Records and
procedure of the Revenue Courts. In this assignment, an attempt is made to conceptualise the
revenue administration, division and role of revenue board, in the light of U.P Revenue code.1

1 Dr. Madhu Pandey, Uttar Pradesh Revenue Code, 2006 1 (Central Law Agency, 1st edition, 2021).

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HISTORY OF LAND REVENUE ADMINISTRATION
The history of Land Administration dates back to the olden days of kings and Kingdoms. The
Land Revenue was the major source of revenue for the kings. The prosperity of the kingdom was
depending upon the levy of tax and its recovery. The Minister of Vijapur kingdom Todarmal was
the founder of Ryotwari land revenue system. This system was introduced by ChhatrapatiShivaji
in his “HindaviSwaraj”. This system became so popular that British rule was compelled to adopt
this system in old Bombay province.

The present system of preparing and maintaining land records is a scientific form of Ryotwari
Land Revenue System. The revenue administration has following advantages-
• To assess and collect of land revenue, collection of local cess on behalf of local bodies,
collection of court fees, recovery of loans and advances, other dues of various
departments, and all other dues recoverable as arrears of land revenue,
• To Prepare and maintain “Land Records” related to revenue accounts,
• To exercise the statutory powers endowed under the U.P. Revenue Code, 2006.2

OBJECTIVES OF REVENUE DEPARTMENT


The objective of the department may be briefly pointed out as;

• To govern a progressive land revenue system; to maintain correct and proper land
records in respect all kinds of land holdings; to implement land reforms to safeguard the
interest to weaker and most downtrodden sections of the people.

• To render relief to the people affected by natural and other calamities like floods,
cyclones, storms, draught, pest attacks, earthquake, war, fire, extremist and ethnic
violence, etc; to ensure quick response towards providing relief and arranging rescue of
the people hit by the aforementioned calamities; to arrange mitigation of the calamities.

• To take required steps for creation and re-organization of new and existing
administrative units to bring the fruits of good governance to the doorsteps of people
living in rural and remote areas.

• To arrange acquisition of and for setting up of new projects in the State by various
State / Central Government Organizations.

• To provide a guarantee for genuineness of registration of deeds and others


instruments coming under the purview of Indian Registration Act. The department

2 R. N. Chaudhary and S.K.Chaudhary, Commentary on Uttar Pradesh Revenue code, 2019, Eastern Book
Company.

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objectives again have been translated into detailed objectives of various organizations
working under the Revenue Department. The Objectives of various Organisations have
been briefly outlined below.

MEANING OF REVENUE COURTS AND REVENUE OFFICERS


The Land Revenue administration in the State of Uttar Pradesh is under the control of 2
authorities: Revenue Courts and Revenue Officers.

The definition of Revenue Court is stated, under S.4 (16) of the Code, as

“Revenue Court” means all or any of the following authorities (that is to say) the Board and all
members thereof, 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;

The definition of Revenue Officer is stated, under S. 4(17) of this Code, as

“Revenue Officer” means the Commissioner, an Additional Commissioner, the Collector, an


Additional Collector, the Chief Revenue Officer, the Sub-Divisional Officer, an Assistant
Collector, the Settlement Officer, an Assistant Settlement Officer, the Record Officer, an
Assistant Record Officer, the Tahsildar, the Tahsildar (Judicial), the Naib Tahsildar and the
Revenue Inspector.3

DIVISION OF STATE INTO REVENUE AREAS

SECTION 5 of UP Revenue Code, 2006 provides that entire state is divided into several
revenue divisions. The code has divided whole state into different areas for the purpose of
revenue administration. The code divides the whole UP into revenue areas comprising of 18
divisions which may consist

• of two or more districts, and


• each district may consist of two or more Tahsils and
• each Tahsil may consist of one or more parganas, and
• each pargana may consist of two or more villages.

3 A brief introduction of UP Revenue Administration, available at: https://lawsamjho.in/2020/09/08/a-


briefintroduction-to-authorities-under-the-up-revenue-code-2006 (last visited on September 22, 2021).

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CONSTITUTION OF REVENUE AREAS
SECTION 6 provides for the constitution of revenue areas as-

The State Government may, by notification, specify-


(i) the districts which constitute a division;
(ii) the tahsils which constitute a district; (iii)
the villages which constitute a tahsil.

The State Government may, by notification, alter the limits of any revenue area referred to in
sub-section (1) by amalgamation, re-adjustment, division or in any other manner whatsoever, or
abolish any such revenue area and may name and alter the name of any such revenue area, and in
any case where any area is renamed, then all references in any law or instrument or other
document to the area under its original name shall be deemed to be references to the areas as
renamed unless expressly provided otherwise:4

The Collector may, by an order, published in the prescribed manner, arrange the villages in a
tahsil into Lekhpal circles and the Lekhpal circles into Revenue Inspector circles and specify
also the headquarters of each Revenue Inspector within his Circle.
The divisions, districts, tahsils, parganas, Revenue Inspector circles, Lekhpal circles and villages,
as existing at the commencement of this Code shall, until altered under the preceding
subsections, be deemed to be the revenue areas specified under this section.

BOARD OF REVENUE – STRUCTURE AND FUNCTION

Section 7 of the Act provides for one board in the state of Uttar Pradesh. Board will be presided
by its Chairman and there will be such other members as the State Government may appoint
from time to time.

The proviso attached to the section 7 states that-

The Board as constituted and functioning immediately before the commencement of the Code
i.e., before 11.2.2016 shall be deemed to be the Board constituted under this section.5

The main aim of the Board of Revenue is to control, regulate and upgrade all the judicial and
administrative work of the revenue department. The Board always strives to impart quality to the
work culture of the revenue department by regular supervision and analysis. The responsibility
to control and regulate all the administrative work judicial work and the work related to the

4 Provided that before passing any order under this sub-section on any proposal to alter the limits of any revenue
area, the State Government shall publish, in the prescribed manner, such proposals for inviting objections, and shall
take into consideration any objection to such proposals.
5 Supra note 1 at 34.

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collection of revenue lies on the Board of Revenue. The Chairman, Board Of Revenue works as
the H.O.D. for the personnel’s of revenue department. Chairman, Board of Revenue has been
nominated as Chief Convener of the Revenue Police. In this capacity, he regularly supervises
and analyses the work of the Revenue police personnel’s.

The Board of Revenue is the highest judicial body of the revenue department consisting of a
Chairman and such other members as the State Government may, from time to time,
appoint.6The State Government may, at the time of making the appointment or at any time
subsequent thereto, designate any member, as Judicial Member of the Board, and any such
member shall be allotted only judicial business. A person is not qualified to be appointed as an
Administrative Member of the Board, unless he has held an office not lower in rank than that of
a Commissioner. Whereas to be a Judicial Member of the Board, a person must held an office
not below the rank of a Collector.

JURISDICTION OF THE BOARD


Under Section 8(1) of the code the Board shall have control on the matters mentioned under
Section 8 of the code. The subjects which are kept under jurisdiction of the Board are-

(a) All matters relating to disposal of cases, appeals or revisions; and


(b) In all other matters provided in the code- subject to the superintendence, direction and
control of the state government.

Section 8 (2) provides that the Board shall exercise, perform and discharge powers, functions
and duties conferred upon it by or under this code. Such powers and functions may also be
performed or discharged if asked by any other law for the time being in force.
Under Section 8(3) the state Government may authorize any Member of the Board to-

Exercise, perform and discharge either generally or in respect of any particular locality or matter,
All or any of the powers, functions and duties conferred or imposed on the Board.

It means territorial jurisdiction of a Board Member is granted or allotted by the State


Government.

The powers will be subject to the provisions of Section 8(1) of the code.

ADJUDICATING POWER OF THE BOARD

6 Provided that the Board as constituted and functioning immediately before the commencement of this Code shall
be deemed to be the Board constituted under this section. See section 7 0f the revenue code, 2006.

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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, the case shall be decided in accordance with the
opinion of such members or of the majority, if any, of such members. If the Bench composed of
two or more members, the case shall be decided in accordance with the opinion of such members
or of the majority, if any, of such members.
All decisions given by a member sitting singly, or by a Division Bench comprising two
members or a larger Bench constituted as aforesaid shall be deemed to be decisions of the
Board7.

Commissioners and Additional Commissioners (Section 11)

The State Government shall appoint in each division a Commissioner and may appoint one or
more Additional Commissioners in one or more Divisions.

Collectors and Additional Collectors (Section 12)

The State Government shall appoint, in each district, a Collector who shall be in-charge of the
revenue administration and may appoint one or more Additional Collectors in a district.

Sub-Divisional Officers and Additional Sub-Divisional Officers (Section 13)

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.

Assistant Collector first class incharge of one or more sub-divisions of a district shall be called
the Assistant Collector first class in-charge of a sub-division or a SubDivisional Officer. 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.

Tahsildars and Tasildars Judicial (Section 14)

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

Naib-Tahsildars. (Section 15)

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

7 Section 10

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Revenue Inspectors and Lekhpals. (Section 16)

The Collector may appoint in each tahsil one or more Revenue Inspectors for the proper
supervision, maintenance and correction of the village records, and for such other duties.

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CONCLUSION
The UP Revenue code, on one hand creates substantive rights, as relating to the rights of
different tenure holders, leasing of agricultural land, power and function of gram punchayat
etc. Such rights have been provided to ensure social and economic justice to the weaker
sections.

On the other side, it lay out the constitution of Revenue board for the proper administration of
revenue within the state. For the realization of this, the code, first divide the whole sate into
different administrative heads. Such division consists of two or more districts, and each district
may consist of two or more Tahsils and each Tahsil may consist of one or more parganas, and
each pargana may consist of two or more villages. Secondly, set up an effective administrative
and redressal body with the board of revenue, headed by a chairman. The Board has chief
Controlling Authority, in all matters relating to disposal of cases, appeals or revisions; and
matters which is subject to the superintendence, direction and control of the State Government.
One the whole, we could say that the revenue code provides a fine balance between substantive
as well as administrative law.
BIBLIOGRAPHY
BOOK SOURCES:

• Dr. Madhu Pandey, Uttar Pradesh Revenue Code, 2006 1 (Central Law Agency, 1st
edition, 2021).

• R. N. Chaudhary and S.K.Chaudhary, Commentary on Uttar Pradesh Revenue code,


2019, Eastern Book Company.

ONLINE SOURCES :

• A brief introduction of UP Revenue Administration, available at:


https://lawsamjho.in/2020/09/08/a-brief-introduction-to-authorities-under-the-
uprevenue-code-2006 (last visited on September 22, 2021).
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