ALIGARH MUSLIM UNIVERSITY

MURSHIDABAD CENTRE
SESSION: 2020-21

MID SEMESTER ASSIGNMENT

SUBJECT - UP LAND LAW

TOPIC = HISTORY OF BOARD OF REVENUE UNDER UP

LAND LAW
SUBMITTED TO SUBMITTED BY

Dr. ASIF SHAH M. DANIYAL SIRAJ

(Asst. Professor) 18BALLB55
GL0749
4TH YEAR
7th SEMESTER
HISTORY OF BOARD OF REVENUE UNDER UP LAND LAW

INTRODUCTION:
The Board of Revenue was established at Allahabad in the year of 1831. The main function of
this Board of Revenue was as follows: -

1. Collection of Rent, Revenue and control over collection staff.

2. Administration of Revenue laws.
3. Administration of tax laws relating to stamps, Excise, opium and Income tax.
4. Work regarding Court of wards.
5. Judicial work regarding Revenue laws.
6. Settlement operations.

In 1922 functions of the Board were reorganized according to the provisions of the Board of
Revenue Act. Administration of tax laws relating to opium and Income Tax was taken over by
the Provincial Government and same powers were delegated to Commissioners. As a result, the
Board emerged as the chief authority for administration of Revenue laws, including provincial
tax laws, and the highest supervisory body for revenue administration, settlement operations and
court of wards administration in the State.

CHANGES IN THE FUNCTIONS OF THE BOARD: -

During 1932-35, following changes were made-

1. In 1932, establishment work relating to the cadres of Naib Tahsildars and Tahsildars was
entrusted to the Board.
2. During 1932-34 work relating to the Divisional and District establishments of
Commissioners and Collectors was transferred to the Board.
3- In 1932 the Board was notified as Director of Land records for U.P. 4-
In 1934 the court of wards work was taken from the Board.

After Independence in 1947-48 the following significant changes were made :-

1- Administrative and judicial functions of the Board were separated.

2- While the Judicial wing of the Board continued to function at Allahabad, the Administrative
wing was shifted to Lucknow. This arrangement is continuing since then.
In 1949 a post of Land Reforms commissioner was created to enforce the provisions of U.P.Z.A
and L.R Act in the State and in 1951 the function of the Board relating to Land Records,
Collection of Rent, Taqavi and other Government dues administration of Revenue buildings were
transferred to this officer and the work relating to establishment of Naib Tahsildars and
Tahsildars was taken over by the state Govt. Later on, in 1954 this work of the Tahsildars and
Naib Tahsildars was also entrusted to Land Reforms commissioner. This arrangement continued
till 1956-57 when the post of Land Reforms Commissioner was abolished and all his functions
were again assigned to the Board. This step was taken obviously because the new institution of
the land reforms Commissioner did not result in better Revenue administration.

In 1957-58 the Board was given the powers of postings transfers and grant of leave etc. Deputy
Collectors, Judicial officers, Special railway Magistrates and Sales Tax officers. The Board was
also required to have a supervisory control over Excise, Registration, Entertainment Tax and
Consolidation departments. After about a year and a half the Government withdrew the powers.

In 1968-69 the following functions were given to the Board.

1- Control over the field work of the consolidation staff.
2- Supervision and control over the work of sales Tax and entertainment Tax departments. 3-
Control over the work and performance of Assistant Excise commissioners.

These functions were given primarily on the basis of Andhra Pradesh and Madras Board pattern
during the regime of the President rule but as soon as the popular Govt. came in power, these
function were withdrawn and transferred to respective departments.

In the beginning, there were two Members of the Board, designated as Senior and Junior
Members. Later on, the Senior Member was designated as Administrative Member and in 1957
besides the Administrative Member, two Members known as Member (Land Reforms) and
Member (Taxation) were appointed in the executive wing at Lucknow. In 1964, the designation
of Administrative Member was changed to that of the Chairman and the same designation have
been continuing even now.

In short, the Board had been functioning as Chief Revenue Authority, both administrative and
Judicial. It may be pointed out here that the Board of Revenue was the highest Revenue Judiciary
in the State with incidental executive functions requiring control over Commissioners and
Collectors. Before independence, it exercised almost the same powers and prestige as high Court.
After emergence of responsible Government and welfare state, both of these functions of the
Board of Revenue led to greater centralization with respect to policy formulation and policy
implementation. To a great extent, the administrative power exercised by the Board of Revenue
was taken by the State Government.

THE PRESENT POSITION OF THE BOARD: -

The Board at present is composed of a Chairman and two Members on administrative side and
seven Members on the Judicial side. It is responsible for supervision and control of all Land
Records, Settlement and Revenue matters, administrative and Judicial, in the State. According to
the provisions of section 5 of the U.P Land Revenue Act, the control of all non-Judicial matters
connected with land revenue, other than matters, connected with settlement, is vested in the state
Govt. and control of all judicial matters and of all matters connected with settlement is vested in
the Board. The State Govt. has delegated many powers to the Board to control non-judicial
matters connected with land revenue also.

The main administrative function of the Board is as under: -

1- Supervision, direction and control of the work of Divl. Commissioners,
Collectors, S.D.O.s and Tahsildars. This also includes inspections of the work of
Tahsildars, Collectors and Commissioners and submission of annual remarks to Govt.
about the work and conduct of the Commissioner’s Collectors and S.D.O.s
2- Establishment of Tahsildars and Naib Tahsildars and Sadar Kanungos. 3-
Establishment of district and divisional offices.
4- Establishment of accounts organization and Board’s office at Allahabad and Lucknow. 5-
Administration or Government Estates and Colonization scheme.
6- Survey, settlement and Record operations.
7- Maintenance of Land records.
8- Collection, compilation and publication of statistics relating to land agriculture.
9- Supervision, direction and implementation of land reforms measures.
10- Training of lekhpals, Kanungaos and other staff in land survey.
11- Work relating to abolition of Zamindari in urban areas of the state.
12- Work relating to payment of compensation under the U.P.Z.A & L.R.Act.
13- Administration of U.P Land Ceiling Act.
15- Land Acquisition work including establishment of special Land Acquisition Officers. 17-
Administrative of Taqavi Act including allocation and sanction of Taqvi loans to district and
divisions.
18- Direction and supervision of work relating to collections of land Revenue and Land
Development Tax, Irrigation and Taqavi dues and other Government dues which includes :-

(a) Consolidation costs.

(b) Forest dues (c)
Excise dues.
(d) Trade Tax
(e) Motor vehicle taxes
(f) Development loans
(g) Industrial loans
(h) Agriculture seed store (i) Electricity dues.
(j) Such other dues as are recoverable as arrears of Land Revenue.
19. Assisting Government in the Administration and supervision of the flood, drought, scarcity
and relief measures. .
20. Administration and maintenance of revenue building.
21. Supervision of all revenue court work in the state.
22. Work relating to Agriculture and livestock census.
23. Work relating to small savings.
24. Supervision of work relating Evacuee property.

The Board of Revenue also function as the Head of the Department in the following cases.
1. As Director of Land Records, for revenue staff. Lekhpals, Assistant Registrar Kanungos,
Registrar Kanugos, Supervisor Kanungos and Sadar Kanungos.
2. Land Reforms Commissioner for Land reforms matters.
3. Compensation Commissioner for assessment and payment of compensation under U.P.Z.A.
and L.R.Act
4. Settlement Commissioner for Record operations and settlement.
5. Head of Department of other revenue staff.

In addition to the administrative function as detailed above the Chairman and the Administrative
Members of the Board also hear and dispose of Revisions and Appeals under the various Acts as
under: -

Nature of revisions or revisions or Against

Particulars of Act.
reference order/Judgment of
Commissioners/
Additional
Commissioners,
References and revisions u/s 218
1.U.P Land Revenue Act. collectors’ Additional
and 219 or L.R.Act Respectively.
collectors. S.D.O,
Tahsildars and Naib
Tahsildars.

2.Motor Vehicles Act. (fild Regional Transport

Appeals.
before 1-4-71) Authority

JUDICIAL FUNCTIONS: -
The judicial wing of the board, which is located at Allahabad as the Chief Judicial authority in
revenue matters has appellate and revisionary jurisdiction under the following acts: -
1. U.P. Zamindari Abolition and land Reforms Act.
2. U.P. Urban Areas Zamindari Abolition and Land Reforms Act.
3. U.P. Tenancy Act.
4. Rampur Tenancy Act.
5. U.P Tenants (Acquisition of Privileges) act.
6. U.P. Debt Redemption Act.
7. Treasure Trove Act.
8. Indian stamp Act.
9. U.P Land Revenue Act 1901.
On an average 10 to 12 thousand appeals/reference are disposed of in a year by the chairman and
Member of the board of administrative and judicial sides. From the foregoing paragraphs it could
be seen that the Board is an organization, which has evolved and developed over more than
hundred years according to changing needs of Revenue administration. It is, the Chief executive
authority for coordination, direction and supervision of revenue work. It is, also the Chief
Revenue Judiciary for the whole state, with the help of its expertise’s and field agencies the
Board also assists the government in the formulation of policies and programmes in the field of
Revenue Administration.

BARE DEFINITION SECTION-7 OF UP LAND REVENUE CODE,2006: -

Board of Revenue - (1) There shall be a Board of Revenue for Uttar Pradesh consisting of a
Chairman and such other members as the State Government may, from time to time, appoint:
Provided that the Board as constituted and functioning immediately before the commencement of
this Code shall be deemed to be Board constituted under this section.

(3) No person shall be qualified for appointment as -

(a) an Administrative Member of the Board, unless he has held an office not lower in rank
than that of a Commissioner.

(b) as Judicial Member of the Board, [unless he has held an office not below the rank of a
Collector].

(4) The 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.
BARE DEFINITION OF SECTION 8 OF THE CODE: -
8. Jurisdiction of the Board. - (1) The Board shall be the Chief Controlling Authority -

[(a) in all matters relating to disposal of cases, appeals or revisions; and]

(b) subject to the superintendence, direction and control of the State Government, in all other
matters provided in this Code.

(2) Subject to the provisions of sub-section (1), the Board, shall exercise, perform and
discharge powers, functions and duties conferred upon it by or under this Code or any other law
for the time being in force.

(3) The State Government may authorize any member of the Board to exercise, perform and
discharge cither generally or in respect of any particular locality or matter, all or any or the
powers, functions and duties conferred or imposed on the Board.

DECISION OF THE BOARD: -

Section 10 of the code talks about Decision of the board, where it says that - (1) 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, the case shall be decided in accordance with the
opinion of such members or of the majority, if any, of such members.

(2) Where the members of the Board constituting the Bench are equally divided in opinion as
to the decision of a case, it shall be heard by a larger Bench to be constituted by the Chairman,
and 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.

(3) 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 Board.

BIBLIOGRAPHY:
1- http://upbhulekh.gov.in/public/about.jsp

2- http://www.bareactslive.com/ALL/UP090.HTM#:~:text=An%20Act%20to%20cons
olidate%20and,connected%20therewith%20and%20incidental%20thereto.&text=1
.,Uttar%20Pradesh%20Revenue%20Code%2C%202006