Land Laws

LAND LAWS
STUDY MATERIAL
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Land Laws Including Ceiling And Other Local Laws
Reliable Institute of Law

LAND LAWS
U.P. Revenue Code,

2006 Paper Code:
K-5004
Index
1. Division and Constitution of U.P… .................................................................... 02-10

2. Management of Land ........................................................................................... 10-20
3. Land Revenue ....................................................................................................... 20-38
4. Gram Panchayat and gram sabha ...................................................................... 38-40
5. Revenue Courts… ................................................................................................. 40-48
6. Classes and Rights of Land Tenures… ............................................................... 49-69
7. Gaon Fund ............................................................................................................. 70-72
BOOKS RECOMMENDED
a) Maurya R.R., Uttar Pradesh Land Laws.
b) Singh D.P. Kanwal , Land Laws (Including Land Acquisition and Rent Laws)
c) Singh Yatindra, The Uttar Pradesh Imposition of Ceiling of Land Holding Act, 1960.
d) Uttar Pradesh Revenue Code, 2006 as amended by U.P. Revenue Code (Amendment)
Act, 2016 (4 of 2016 ) (w.e.f. 18-12-2015 & 11-02-2016).
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Q . State briefly, in broad outlines the important features of the U. P. Zamindari

Abolition and Land Reforms Act No. 1 of 1951.
Ans. The U P. Zamindari Abolition and Land Reforms Act, 1 952, is an ameliorative
measure. It seeks to remove and eradicate rural inequalities, to reform and improve, to recast and
reconstruct the ruined rural economy and to remodel the out-of-date land-tenure systems in the
Province of Uttar Pradesh. The salient features of this Act are summarisedbelow :
1. Abolition of Zamindari system. — The present Act abolishes the Zamindari

system which involved intermediaries between the State and cultivators. With
effect from the date of vesting (July 1 , 1952) all the rights, interests and titles of
intermediaries vested in the State of Uttar Pradesh. Zamindars were divested of
their rights not in the upper portion of the land but in the sub-soils also. All the
contracts grants, confirmations of title and privileges of the Zamindars as such
shall determine from the date of vesting. Besides this all other consequences
contained in the provisions of Sections 6, 7, 8, 9 and other provisions of the Act,
shall ensue. The Act, however, does not touch the trees in the village abadi, well
and buildings of the Zamindar‘s which shall continue to belong to them as before.
But all the land, soil, sub-soil, Hats and Bazars, forests and fisheries ,etc. all vested
in the state after the introduction of this Act.
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2. Assessment and payment of compensation. — Since the Act provides for acquisition
of interests of the Zamindars, it also professes to pay compensation to them at a uniform rate.
The intermediaries shall be entitled to receive compensation, which shall be calculated according
to the provisions of the Act. The compensation is to be paid to them equal to eight times of their
net assets. In awarding compensation no distinction is made between the bigger intermediary and
the smaller ones, between the main Zamindar and the thekedar, between the natural person and
artificial person like waqfs, trusts and endowments. It shall be due on the date of vesting and
shall bear the interest at the rate of Rs. two and a half per cent per annum. It shall be payable in
cash and in Bonds. There is also the provision for the payment of interim compensation. The
provisions regarding the assessment and payment of compensation are contained in Chapters III
and IV of the Act.
3. Rehabilitation grant.—The Act guarantees payment of rehabilitation grant to the
smaller Zamindars. The intermediary whose interest vests in the State of Uttar Pradesh in
pursuance of the Act shall be paid a rehabilitation grant, Zamindars paying annual land revenue
up to Rs. 10,000 are only persons entitled to get this grant. In other words Zamindars paying
annual land revenue up to Rs. 10,000 are entitled to both compensation and rehabilitation grant.
In the case of an intermediary whose aggregate land revenue payable by him in respect of all his
estates situated in the areas to which this Act extends, exceeds rupees ten thousand, no
rehabilitation grant shall be paid except in cases of some waqfs, etc. The provisions regarding the
assessment determination and payment of the rehabilitation grant are contained in Chapter V of
the Act. The grant is largest for the low incomes and smallest for those with comparatively large
incomes.
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4. Rights of cultivation retained.—The policy of this Act was that the rights of cultivation
should be retained with the cultivators. The Act maintained the rights of cultivation of every
person, whether a zamindar or a Thekedar, a mortgagee, tenant or a sub•tenant. Zamindar
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retained their sir and khudkast land in the status of tenure-holder and became Bhumidhar of such
land. The tenants of sir land and the sub-tenants became Adhivasi.
5. Mines and Minerals.—After the vesting order under the provisions of the Act, the
working of the mines and minerals shall be governed by the provisions of Chapter VI of the Act.
It provides that the mines, that lie within the estate of the intermediary whose estate vested in the
State of Uttar Pradesh under the Act would be deemed in law to be leased out to the
intermediary, if the intermediary so desires, and such intermediary shall be entitled to continue to
retain possession over the mines and to work them subject to the terms and conditions as agreed
to by the State Government and the intermediary and in absence of such agreement upon the
decisions of the Mines Tribunal appointed for the purpose under the provisions of the Act. If the
lease is terminated by theState Government prematurely the intermediary, shall be entitled to
compensation, which shall be determined by the Mines Tribunal in accordance with the
provisions of the Act. The provisions relating to mines and minerals are contained in the Chapter
VI of the Act.
6. GaonSabha and Land Management Committee.—Itwas intended that the Zamindari
Abolition Aet would make the village a small republic so that economic and social development
may be facilitated and community spirit may be encouraged. The Act embraces a co-ordinated
plan of moral reconstruction with a view to ensure agricultural efficiency and increased food
production. When this Act came into force, two institutions GaonSabha and GaonPanchayat
were established under the U. P. Panehayat Raj Act. 1947. This Act established two more
institutions viz. GaonSamaj&Land Management Committee, Later on, Government in 1961
abolished the GaonSamaj and all land and property vested in it were transferred in GaonSabha,
All lands of common utility such as abadi sites, pathways, waste land, fisheries, village forests,
public wells, tanks and water channels are now vested in the GaonSabha. This makes the village
a small republic. On behalf of the GaonSabha, the Land Management Committee shall
superintend, manage and control the land etc, in accordance with the provisions of the Act. The
provisions, regarding the creation of GaonSabha and Land Management Committee are
contained in Chapter VII of the Act.
7. Land Tenure—The bewildering classes of land tenures were replaced by new, simple
and three-tier tenure holders known as Bhumidhars, Sirdars and Asamis. Prior to the abolition of
zamindari system, there were fourteen types of land holders, all of whom were complex and
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bewildering. The Act initially recognized four new classes of land tenures instead of those
recognized under the U.P. Tenancy Act of 1939, They were Bhumidhars, Sirdars, Asamis and
Adhivasis. Act dealt with the rights and liabilities, successions and transfers, acquisitions and
extinctions, divisions and ejectments of various tenure holders.
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Generally speaking, intermediaries became Bhumidhars in respect of their Sirs, Khudkasht

and groves. Some tenants acquired the status of Bhumidhars in accordance with the provisions of
the Act. The rights, titles and the interests of a Bhumidhar are heritable and transferable subject
to certain restrictions. He is not liable to ejectment. Besides this there are rights and privileges
that are conferred on him by the Act.
Tenants holding on special terms in Oudh, ex-proprietary tenants, occupancy tenants,
hereditary tenants, grantees at a favourable rate of rent, and non-occupancy tenants of tea estates
and a few others, acquired the status of bhumidhars in accordance with the provisions of the Act.
As hhumidhar they will have permanent and heritable rights in their holdings but will normally
have no right of transfer. Their rights are like those of hereditary tenants.
Persons with the temporary rights in the land, such as sub•tenant, some thekedars, etc.
became Asamis. Their position is analogous to that of a sub-tenant.
Occupants who did not come under any of the above mentioned classes generally became
Adhivasis. This was the tenure recognised for a short period. Now they have become
Bhumidhars.
8. Security of tenures.—The tillers of the soil have been granted security of tenure.
Bhumidhars are immune from ejectment while Asamis are liable to eviction only on certain
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limited grounds. So far as the question of devolution and transfer are concerned, these tenure-
holders enjoy for greater rights than they had under the U. P. Tenancy Act.
9. Subletting.—The Act prohibits letting as well as subletting so that even in future the
Zamindari system may not raise its ugly head. None of the tenure-holders are permitted to sublet
the whole or part of the holding except in the case of disabled persons, such as, minors,
unmarried women, widows and persons suffering from physical and mental infirmity and
persons under detention or imprisonment or when they hold the land in lieu of maintenance
allowance in accordance will the provisions of the Act. If a tenure-holder lets out his land, his
right shall come to an end. But exceptions have been provided on humanitarian grounds to
persons suffering from physical, mental or legal disability.
10. Division.—The Act contains adequate provisions for ensuring that so far the
consolidated areas are concerned transfer of fragments shall be void exceot on certain specified
grounds.
Division of the holding of a Bhumidhar only may be effected in accordance with the
provisions of the Act. No division of the holdings of less than three and one-eighth acres of land
will be permitted and if it is less than the prescribed limit the court shall direct the sale of the
same and distribute the proceeds thereof in accordance with the principle prescribed, between
Co-Bhumidhars as the case may be, in proportion to their shares.
In the same way the law has placed certain restrictions of the accumulation of large
holdings in the hands of one person. In future no single person shall be permitted to acquire
either by gift or by sale, a holding which together with his own holding in aggregate exceeds
twelve and a half acres in Uttar Pradesh. In this way, the Act prohibits accumulation of land
holding on the one hand, and on the other, it prohibits the creation of uneconomic holdings.
11. Restriction on transfer.—The Act provides that no tenure-holder shall be allowed to
purchase any land if after such purchase the total area under his cultivation exceeds 12.5 acres.
Mortgage are totally prohibited. The Act further provides that every transfer in contravention of
the provisions of the Act shall be void or at least the transferee shall be liable to ejectment at the
instance of GaonSabha.
12. Succession.—Succession in the case of these tenure holders is to be governed by the
Provisions of the Act. Provisions of Sections 171 to 175 of the Act are equally applicable to
every class of tenure-holders whether he is Bhumidhar, Sirdar or Asami. Of course, when a
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Bhumidhari land ceases, it should be declared agricultural land and if it is so declared, the
succession is governed by the personal law of the land holder.
13. Co-operative Farming.—The law envisages a system of co-operative farming on the
improved and scientific lines. There are provisions for registration of co-operative farms and for
a sort of compulsory co-operative farming in certain circumstances. Facilities have been
provided in the Act in order to provide increased opportunities for co-operative farming in rural
areas, in the shape of the reduction of land revenue, exemptions from the agricultural income tax,
financial aids, priority in irrigation and free technical aid and assistance by the experts.
14. Wells, trees and buildings settled with the existing owner thereof.—All wells, trees
and buildings situated in Abadi, Land or Zamindari estate were allowed to be remained in the
possession of existing owners or occupiers thereof. In another words, the sites of wells or
building were settled with its real possessor irrespective of his being a Zamindar, tenant or non-
tenant.
Q. Give briefly the object, extent, scope and applicability of the U. P. Zamindari
Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951).
Ans. Scope.—The Preamble of the Act is itself the key to find out the scope and the extent
of the applicability of the Act. It says that the Act was passed to provide for the abolition of the
Zamindari system in all its shapes and forms, which means the removal of the intermediary of
the estates between the actual tiller of the soil and the State of Uttar Pradesh. It also provides for
the acquisition of the right, title and interest of the intermediaries in their estates by the State and
vesting of them in it. It seeks to reform, change and overhaul the land-tenure system that was in
vogue at the time of the abolition of the Zamindari and introduce suitable changes in it as a
consequence of such abolition. A perusal of the Act goes to show that this legislation is not
merely an agrarian legislation, it is something more. In the words of PanditGovindBallabh Pant
(who was the Chief Minister of this State, when he introduced the Bill in the Legislative
Assembly of this State on 7th July, 1949) : ―We have been actuated by the desire to do all that
we can to secure justice for every one and in particular to create conditions which will enable the
vast masses of our farmers, peasants and cultivators to lead a better life, to develop a true sense
of social responsibility and to regain the lost sense of community spirit without which
democracy, political and economic conditions cannot blossom fully.‖
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―We have tried to maintain the cultivatory rights of every person, whether he be a
Zamindar, tenant or sub-tenant.‖ Then again adverting to the main purpose of the Bill (U. P.
Zamindari Abolition and Land Reforms Bill), he says, ―The main purpose of the Bill is to
encourage production, to raise its standard and to enable every man to produce: more than he is
producing today and also in a way to induce those who have so far exploited others, or lived on
the of others to produce for themselves. We cannot afford to have any drones in a free India.‖
Thus, scope of the Act extends to cover firstly, the abolition of zamindari system long, long
ago created by British rulers in India and secondly to reform or overhaul the existing tenancy
law.
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Object.—The Preamble of the Act suggest that the framers of the Act intended to achieve
the following objects:
(1) To abolish the Zamindari system which involved intermediaries between tillers of soil
and the State and to determine the quantum of compensation on equitable grounds to the
intermediaries.
(2) To provide for the acquisition of the rights, title and interest of the intermediaries.
(3) To reform the law relating to land tenure consequent on such abolition and acquisition
and in particular to organise the machinery for collecting government revenue.
(4) To make provisions for other matters connected therewith.
―The main object of the new land system‖ observed PanditGovindBallabh Pant, ―is to give
every tiller of the soil full opportunity for maximum growth and development through
personal effort. Distinction of high and low, superior and inferior, exploiter and the exploited
should disappear, and all people, working together should succeed in taking society and
country forward along the path of progress. The spirit of public good and Sarvodaya should
animate every village in the State, so that agriculture may improve in every way arid the land
may yield twice, and even four times as much, as it does today, the entire country side may look
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green and prosperous and foodgrains may be produced and made available for all in
abundance. All uncultivated land in the villages, all village forests, trees, wells, tanks, roads,
bazaars, etc., would vest in the GaonSabha. All the people of the villages whether they are
kisansor labourers, will have equal rights over them...‖. The main purpose of the Bill is to
encourage production, to raise standard of living and to enable every one to produce more than
he is producing today and also in a way toinduce those who have so far exploited others or lived
on the labours of others, to produce for themselves. We cannot have any drones in a free India‖.
The statement of ―objects and reasons‖ of the U. P. Zamindari Abolition and Land Reforms
Bill, which was, published in U. P. Gazette (Extraordinary), dated June 10, 1949, is summarised
as below :
(1) Abolition of zamindari system.
(2) The acquisition of intermediary‘s rights on payment of compensation and rehabilitation
grant.
(3) Substitution of bewildering variety of existing land tenures by a simple and uniform
scheme and classification of tillers into the categories of Bhumidhar, Sirdar and Asamees.
(4) Prohibition of letting and subletting.
(5) Development of village republic.
(6) To prevent the creation of uneconomic holding, and prohibition of accumulation of
large holdings.
(7) To encourage co-operative farming ; and
(8) To vest all lands of common utility in GaonSabha and to entrust the GaonSabha with
wide powers of land management.
Extent.—As regards the extent and the applicability of this Act, Sections 1 and 2 clearly
state and specify its extent and the application. Section 1 reads thus, ―It extends to the whole of
Uttar Pradesh except the areas which on the 7th day of July, 1949, were included in municipality,
or notified area under the provisions of the United Provinces Municipalities Act, 1916, or a
cantonment under the provisions of the Cantonment Act, 1924, or a town area under the
provisions of the United Provinces Town Areas Act, 1914.‖ The Act initially did not extend to
the following areas :—
(1) the areas to which the U. P. Tenancy Act, 1939, did not apply in the first instance.
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(2) any estates or parts thereof owned by the Central Government, State Government or any
local authority.
(3) The areas held and occupied for public purposes or for a work of public utility and
declared as such by the State Government or acquired under the Land Acquisition Act, 1894 ; the
United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948, or any other
enactment other than this Act, relating to the acquisition of land for a public purpose.
(4) ParganaKaswar Raja of Banaras District.
(5) any area which on the 30th day of November, 1949, was included in—
(i) Banaras State as defined in the Banaras State (Administration) Order, 1949.
(ii) Rampur as defined in the Rampur (Administration) Order, 1949.
(iii) TehriGarhwal as defined in the TehriGarhwal (Administration) Order, 1949.
(6) any area, which on 24th day of January, 1950, was included in an enclave as defined
in Provinces and States (Absorption of Enclaves) Order, 1950, absorbed in U. P. under this said
order, or
(7) ParganaJaunsar-Bawar of Dehradun and portion of Mirzapur district south of Kaimur
Range.
However, the State Government was authorised to extend it to these areas with such
exceptions and modifications as it may by notification in the Official Gazette notify. The State
Government took opportunity to extend the application of this Act to those areas not covered
under the Act from time to time.
In this connection it must be remembered that any area held on 7-7-49 for the purposes of
housing scheme by a co-operative society registered under the Co-operative Societies Act, 1912,
or a society registered under the Societies Act, 1972, or a society registered under the Societies
Registration Act, 1860, was not covered under this Act. While it is true that a Preamble may
throw considerable light in construing an Act, it is beyond the pale of Parleys that the Preamble
cannot control or influence the meaning otherwise ascribable to the enacting parts. [Attorney
General v. Prince Earnest Augustus of Hanover, (1957) A. C. 436 : (1957) 1 All E. R. 49].
Where the language of the statute was clear, it was unnecessary to look at the Preamble for
restricting or widening the scope of the Act.LalaRatan Singh v. Dulari, 1957 R. D. 78, or a
limited liability company under the Indian Companies Act, 1913, shall be deemed to be held for
a work of public utility.
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The Act came into force on January 26, 1951 except in the areas specified in (1) to (7)
above. However, most of the provisions came into force only on the passing of the vesting order,
i. e., since 8-7-1952. Subsequently, it was extended with certain modifications also to areas
mentioned in (1) to (7) above.
Q. What classes of intermediaries and cultivators were made bhumidhar‘s under the
U.P. Zamindari Abolition and Land Reforms Act, 1950?
Ans. l (a) Before coming into force of the U.P. Z.A. and L.R. Act, 1950, there were 14
varieties of tenures existed in Uttar Pradesh. All the 14 tenures were complicated and
bewildering. These tenures were:
1 . Fixed-rate-tenant
2. Ex-Proprietary tenant
3. Tenant holding on special terms in Avadh
4. Occupancy tenant
5. Non-occupancy tenant
6. Grove holder
7. Maufidar or Rent-free grantee
8. Grantee at favourable-rate of rent
9. Tenant of Sir Land (Sirdar)
10. Sub-tenant
11. Occupant
12. Guzaredar or Person holding the land in lieu of Maintenance allowance, and
13. Tenant‘s Mortgage
The right and privileges of the same class of tenant also differed. Where some interests
were devolved according to personal law whereas some rights were devolved according to the
provisions contained under the U.P. Tenancy Act, 1939.
All the 1 4 complicated and bewildering varieties of tenures were abolished by the
U.P.Z.A. & L.R. Act, 1950 and these tenures were classified into four classes of tenures, viz.,
1. Bhumidhar
2 Sirdar
3. Asami
4. Adhivasi
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1 .Bhumidhar: Bhumidhar is the highest type of tenure-holder. His interest in the holding
is permanent, heritable and transferable. He is a peasent-propreitor in all respects. Every person
belonging to any of the following classes become bhumidhar:
(1) An Intermediary (zamindar), whether bigger or smaller, in respect of his
khudkasht,Sub-let sir and grove land.
‗‘Khudkast‖ means personal cultivation. Khudkasht land means land cultivated by the
Zamindar by himself.
―Sir-Land‖ means also the personal cultivation. In other words both ‗Khudkasht‘ and ‗Sir-
land‘ indicate the same idea of ―nij-jot‖. The difference is of historical value. Every Khudkast
land was not Sir-land, but every Sir-land had been the Khudkast land. Khudkasht land ceased to
be the Khudkast land of the Zamindar, the moment it was let out to tenant but the Sir-land
retained its character and remained as such even after letting to tenants.
―Grove-land‖ means any specific piece of land having trees planted therein in such
numbers that they preclude, or when full grown will preclude, the land or any considerable
portion thereof from being used primarily for any other purposes and the trees of such land
constitute grove. (Section 3 (6) of the U.P. Tenancy Act, 1939).
(2) Smaller intermediary who belonges to the disabled class in respect of his let sir as well,
(as enumerated under Section 157 (i) of the U.P.Z.A. & LR Act.)
(3) A permanent lessee in Avadh in respect of land in his personal cultivation or held as a
grove.
(4) A fixed-rate tenant, who was the superior most tenant. His interest in the holding was
permanent, heritable and transferable. He could not be ejected on any ground whatsoever. Under
the U.P.Z.A. & L.R. Act, he became bhumidhar.
(5 )A rent free grantee (Maufidar) When a zamindar granted the right to occupy land free
of rent, either on payment of consideration or without it, the grantee was called a rent free
grantee.
(6) An occupancy-tenant or a hereditary-tenant, or a tenant of sir-land on Patta-dawani or
Pattaistamrari, if possessed the right to transfer the holding by sale. The world ―pattadawani‖
means ―lease forever‖ and ―pattaistamrari‖ means ―permanent lease‖. ―Tenants‖ of sir-lands,
whom the sir-lands were let for ever or permanently and right to transfer by sale was also given,
became bhumidharsthere of.
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(7) A grove-holders
(8) Every person who had deposited dasguna (ten-times) of his rent under the U.P.
Agricultural Tenants (Acquisition of Privileges) Act, 1949 and has obtained a declaration under
the said Act in respect of his holding.
(9) Every intermediary, bigger or smaller became bhumidhar of his Sir-land and Khudkasht
land allotted to persons in lieu of maintenance allowance.
(10) All such land holders who holds the land defined in explanation to Section 1.
(11) All those mortgagors, who were entitled to have an interest under Section 14(2A).
2. Sirdar: Sirdar was the second main tenure-holder under the U.P. Zamindari Abolition
and Land Reforms Act. His interest in the holding was permanent and heritable. Under the Act,
on zamindari abolition, following persons became Sirdars.
(1) Under Section 19 all the following persons were declared Sirdars:-
(i) All tenants holding on special terms in Avadh.
(ii) All ex-proprietory tenants,
(iii) All occupancy tenants,
(iv) All hereditary tenants,
(v) All grantees at favourable rate of rent,
(vi) All non-occupancy tenants of tea-estates.
(vii) Sub-tenant whose lease has not expired and who is referred to in sub section (4) of
Section 47 of the U.P. Tenancy Act, 1939.
(2) A tenant of Sir-land of bigger intermediary (section 10 of U.P.Z.A. LR)
(3) A Thekadar of land which was in his personal cultivation on May 1, 1950, and the
Theka was made with a view to cultivation of such land by Thekadar personally [Section 12 (h)].
According to the provision contained under Section 12(1), a Thekadar became Sirdar of land if
two conditions are satisfied, viz., (i) that the land was in his Personal Cultivation on May 1,
1950, and (ii) that the Theka was made with a view to cultivation of such land by Thekadar
personally.
(4) A Thekadar of land which was not Sir or Khudhkast of the lessor (zamindar) and which
was under the personal cultivation of the thekadar on the date immediately preceding the date of
vesting: provided the area of such land does not exceed 30 acres (section 13).
(5) Sir or Khudkasht or grove land in joint estates in excess of one‘s share.
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(6) Occupant of vacant land.

(7) The U.P. Land Reforms (Amendment) Act, 1954 added Chapter IX A of the U.P.Z.A.
and L.R. Act, and consequently all Adhivasis became Sirdars under Section 240B of the Act.
3. Asami: Asami is a minor form of land tenure. He is in the bottom in the cadre of tenure-
holders. His interest in his holding is neither permanent nor transferable but only heritable. On
zamindari abolition the following persons became asami:-
(1) An allotee of Sir and Khudkasht land in lieu of maintenance allowance.
(2) A Thekadar is respect of Sir and Khudkasht land [Section 13(2)(a)]
(3) A Thekadar holding the land in excess of 3 acres with the permission of collector.
[Proviso (3) to Section 13].
(4) A person recorded as an occupant of grove land [Section 21(2)].
(5) A non-occupancy tenant of intermediary grove land [Section 21 (l)(b)]
(6) A sub-tenant of grove-land [Section 21 (l)(b)].
(7) A lessee from a bhumidhar (or Sirdar).
(8) A person admitted as an Asami by the BhumiPrabhandakSamiti in land as mentioned
under Section 132 of the Act.
(9) A sub-tenant referred in the proviso to sub-section (3) of Section 27 of the UP Tenancy
(Amendment) Act, 1947.
(10) Tenant‘s Mortgagee in actual possession.
(11) A non-occupancy tenant of pasture land; or a non-ccupancy tenant of land covered by
water and used for the purpose of growing singhara or other produce; or a non-occupancy tenant
of land in the bed of a river and used for casual or occasional cultivation.
(12) A non-occupancy tenant of land declared by the State Government, by notification in
the Gazette, to be intended or set apart for taungya plantation.
(13) A court lessee under Section 252(1) of the UP Tenancy Act, 1939.
(14) A tenant of Sir of smaller intermediary who was disabled person under Section 157(1)
of the Act.
(15) A sub-tenant or an occupant referred to in Section 20, where the landholder was
disabled person under Section 157(1) of the Act.
4. Adhivasi: Before the enforcement of U.P.Z.A. & LR Act, a considerable portion of
farmer used to cultivate land and they had got possession also but they did not have any
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permanent interest under this category tenants of Sir, Sub-tenants, and occupants were included.
Because their rights were so weak, it was therefore, not possible to give them rights of
Bhumidhar, Sirdar or Asami. That is why these farmers have been declared ADHIVASl under
Section 20 of the Act. Section 20 of the Act specifies classes of persons who as a consequence of
acquisition of estates became adhivasis. They are:
(1) Tenant of Sir land
(2) The Sub-tenants: The sub-tenant (ShikamiKashtkar) from:
(i) Fixed-rate-tenant
(ii) Hereditary tenant
(iii) Occupancy tenant
(iv) Ex-Proprietary tenant, and
(v) Tenant holding on special terms in Avadh.
(3) Recorded occupant: All those persons who possessed land as defined under Section
20(b) have been declared ADHIVASl for the protection of their interests.
Q. Discuss the Preamble, scope and extent of U.P. Land Revenue Act, 2006.
Ans. The Preamble of the Code is as under-
―An Act to consolidate and amend the law relating to land tenures and land revenue in the
State of Uttar Pradesh, and to provide for matters connected therewith and incidental thereto‖.
Sec. 1. Provides for Short title, extent and commencement.- (1) This Act may be called the
Uttar Pradesh Revenue Code, 2006. (2) It extends to the whole of Uttar Pradesh. (3) 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.
Sec. 2. Applicability of the Code.- The provisions of this Code, except Chapter 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.
Sec. 3. Extension of the Code to new areas.- (1) Where after the commencement of this
Code, any area is added to the territory of Uttar Pradesh, the State Government may, by
notification, extend the whole or any provision of this Code, to such area. (2) Where any
notification is issued under sub-section (1), the provisions of any Act, rule or regulation in force
in the area referred to in the said sub-section, which are inconsistent with the provisions so
21
applied, shall be deemed to have been repealed. (3) The State Government may, by a subsequent
notification, amend, modify or alter any notification issued under sub-section (1).
Q. Define the following terms under the U.P.Land Revenue Code 2006:
Ans. 1. Abadi - ‗abadi‘ or ‗village‘ means such area in a village which, on the date of
commencement of this Code, is being used for the purposes of residence of its
inhabitants or for purposes ancillary thereto such as sahan and green trees, wells, etc. or
which may have been or be hereafter reserved for such use -Sec. 4(1).
2. ‗BhumiPrabandhakSamiti‘- BhumiPrabandhakSamiti means a

BhumiPrabandhakSamiti constituted under Section 28-A of the U.P. Panchayat Raj
Act, 1947 Sec. 4(5).
3. Collector- ‗Collector‘ means an officer appointed as such by the State Government
under sub-section (1) of Section 12, and shall include
(a) an Additional Collector appointed by the State Government under sub-section (2) of
the said section; and
22
(b) an Assistant Collector of the first class empowered by the State Government by
notification to discharge all or any of the functions of the Collector under this Code;
Sec.4(8).
4. ‗Family‘, in relation to a tenure-holder, means himself or herself and his wife or her
husband (as the case may be) other than a judicially separated wife or husband, minor
sons and minor daughters other than married daughters: Provided that where the
question relates to the transfer of any land and the transferee is a minor, the expression
‗family‘ shall include the parents of such minor- Sec. 4(10).
5. ‗Grove land‘- ‗grove land‘ means any specific part of land in a holding having trees
(not including papaya, banana plants) planted thereon in such manner that they
preclude, or when full grown will preclude, the land or any considerable portion thereof
from being used primarily for any other purpose, and the trees on such land shall
constitute a grove;Sec. 4(11).
6. Holding- ‗holding‘ means a parcel of lands held under one tenure or one lease,
engagement or grant;Sec. 4(12).
7. Revenue Court- ‗Revenue Court‘ means all or any of the following authorities (that
is to say) the Board and all members thereof, Commissioners, Additional
Commissioner, Collectors, Additional Collectors, Assistant Collectors, Settlement
Officers, Assistant Settlement Officers, Record Officers, Assistant Record Officer,
Tahsildar and NaibTahsildar;Sec. 4(16).
8. Revenue Officers- ‗Revenue Officer‘ means Commissioner, an Additional
commissioner, the Collector, an Additional Collector, the Sub-Divisional Officer, an
Assistant Collector, Settlement Officer, an Assistant Settlement Officer, Record
Officer, an Assistant Record Officer, the Tahsildar, Tahsildar (Judicial), the
NaibTahsildar or the Revenue Inspector;Sec. 4(17).
9. Sub-Divisional Officer- ‗Sub-Divisional Officer‘ means the Assistant Collector in
charge of the Tahsil; Sec 4(18).
10. Taungya Plantation- (19) ‗taungya plantation‘ means the system of afforestation
in which the plantation of trees is, in the earlier stages, done simultaneously with the
cultivation of agricultural crops which ceases, when trees so planted begin to form a
canopy, rendering the cultivation of agricultural crops impossible; Sec. 4(19).
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11. Village- ‗village means‘ any local area whether compact or otherwise, recorded,
and includes an area which the State Government may, by general or special
notification, declare to be a village; Sec. 4(20).
Now the village is smallest unit for purposes of collection of land revenue. Every village
has its own boundary marks. Revenue records are prepared and maintained villagewise. The only
essential requisite of a village is that it must be recorded as such in the revenue records.
―Register of Villages‖ is maintained by District Collector, in which that village must be included.
Q. Discuss the division of State into revenue areas and its constitution.
Ans.Sec.5 of the Code provides for Division of State into revenue areas.- For the
purpose of this Code, the State shall be divided into revenue areas comprising divisions
which may consist of one or more districts, and each district may consist of one or more
Tahsils and each Tahsil may consist of one or more parganas, and each pargana may
consist of two or more villages.
Sec. 6.provides for the constitution of revenue areas.- (1) The State Government
may, by notification, specify-
(i) the districts which constitute a division;
(ii) the sub-divisions which constitute a district;
(iii) the villages which constitute a tahsil (which shall be co-terminus with a sub-
division).
(2) The State Government may, by notification, alter the limits of any revenue area
referred to in sub-section (1) by amalgamation, readjustment, 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 reference
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;
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 any prescribed
manner, such proposals for inviting objections, any shall take into consideration any
objection to such proposals.
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(3) The Collector may, by an order, publish in the prescribed manner, arrange the
villages in a tahsil into Lekhpal circle and the Lekhpal circles into Revenue Inspector
circles and specify also the headquarters of each Revenue Inspector within his circle.
(4) The divisions, districts, tahsils, sub-divisions, parganas, Revenue Inspector circles,
Lekhpal circles and villages, as existing at the commencement of this Code shall, until
altered under the preceding sub-sections, be deemed to be the revenue areas specified
under this section.
Q. Discuss the constitution, jurisdiction, power to distribute business and the
decisions of the Board.
Ans. Sec.7. provides for the constitution of Board of Revenue as under.-
(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 shall be deemed to be the 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) a Judicial Member of the Board, unless he has been a revenue officer.
(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.
Sec. 8 provides for the Jurisdiction of the Board.- (1) The Board shall be the
Chief Controlling Authority- (a) in all matters relating to disposal of cases, appeals,
references 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 the 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 authorise
any member of the Board to exercise, perform and discharge either generally or in
25
respect of any particular locality or matter, all or any of the powers, functions and
duties conferred or imposed on the Board.
Sec.9 provides for the power to distribute business.- (1) Subject to such rules or
orders as the State Government may make or issue, the Board may distribute its
business amongst its member as the Board may deem fit. Chairman may constitute
bench or benches consisting of more than one member for disposal of a particular
case or class of cases. (2) All orders made or decrees passed by a member of the
Board in accordance with such distribution shall be deemed to be orders or decrees,
as the case may be, of the Board.
Sec.10 provides for the decision of the Board.- (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 decision given by a members 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.
Q.. Write a note on different classes of tenures under the U.P. Land Revenue
Code,2006 and discuss their rights and liabilities under the Code?
Ans. The U.P. Zamindari Abolition and Land Reforms Act 1950 abolished all the old
varieties of land-tenures and substituted them into four:
(1) Bhumidhar
(2) Sirdar
(3) Asami
(4) Adhivasi
Adhivasi was a tenure inferior to Sirdar but superior to Asami. It was traditional form of
land tenure which was to abolish from the sphere of land-laws after 5 years from the
commencement of the Act. But maturity adhivasis were considered favourably and they were
26
conferred the rights of Sirdar by the U.P. Land Reforms (Amendment) Act, 1954. In this way all
the adhivasis became Sirdar and there remain only 3 types of tenure-holder in land law after 30th
October, 1954. To those categories of tenure-holders, the U.P. Land Reforms (Amendment) Act,
1958 added Section 133A in U.P. Zamindari Act and Land Reform Act which adds another class
viz.
―Government Lessees‖
The U.P. Land Laws (Amendment) Act, 1977 which came into operation with effect from
28.1.77, converted all Sirdars into Bhumidhars. The bhumidhars were divided into two classes
viz. buhumidhar with non-transferable rights. All the existing Sirdars having right to become
bhumidhar were made bhumidhar with transferable rights and Sirdar having no such rights were
made bhumidhar with non transferable rights. Asamis were left untouched. Now from 1977 there
are four tenure-holders in the land law. They are (Section 129):
(1) Bhumidhar with transferable rights.
(2) Bhumidhar with non-transferable rights
(3) Asami
(4) Government lessee.
Now by U.P. Land Revenue Code, 2006 the Classes of tenures.- There shall be following
classes of tenure holders, namely- (a) Bhumidhar with transferable rights: (b) Bhumidhar with
not-transferable rights: (c) Asami; and (d) Government lessee ------------ Sec. 74
27
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(1) Bhumidhar with transferable rights: Section 75 of the Codeprovides two classes of
such bhumidhars--
Every person belonging to any of the following classes shall be called bhumidhar with
transferable rights and shall have all the rights and be subject to all the liabilities conferred or
imposed upon such bhumidhar by or under this code namely- (a) Every person who was a
bhumidhar with transferable rights immediately before the date of commencement of this code.
(b) Every person who in any other manner acquires on or after the said date the rights of such a
bhumidhar under or in accordance with the provisions of this coder under any other law for the
time being in force.
(2) Bhumidhar with non-transferable rights: This is a second main tenure-holder
under the present land system. Sections 76U.P. land Revenue code provide
following persons as bhumidhar with non-transferable rights— Every person
belonging to any of the following classes shall be called a bhumidhar with non-
transferable rights and shall have all the rights and be subject to all the liabilities
conferred or imposed upon such bhumidhar by or under this code namely-
29
(a) every person who was a bhumidhar with non-transferable rights immediately before
the date of commencement of this Code;
(b) every person who is admitted as a bhumidhar with non-transferable rights on or
after the said date by the BhumiPrabandhakSamiti to any land under or in accordance
with the provisions of this Code:
(c) every person who is or has been allotted and land under the provision of the Uttar
Pradesh BhoodanYagna Act, 1952;
(d) every person who is or has been allotted any land under the provisions of the Uttar
Pradesh Imposition of Ceiling on Land Holdings Act, 1960;
(e) every person who in any other manner acquires on or after the said date, the rights
of such a bhumidhar under or in accordance with the provisions of this Code, or any
other law for the time being in force.
(2) Every person who was a bhumidhar with non-transferable rights immediately before
the commencement of this Code and had been such bhumidhar for a period of ten years
or more, shall become bhumidhar with transferable rights on such commencement.
(3) Every person who was a bhumidhar with non-transferable rights on the
commencement referred to in sub-section (1) and (2) or becomes bhumidhar with non-
transferable rights after such commencement shall become bhumidhar with transferable
with non-transferable rights. (4) Notwithstanding anything contained in any other
provisions of this Code, if any person transfers land by sale after becoming bhumidhar
with transferable rights under sub-section (1) or sub-section (2) or sub-section (3), he
shall not be eligible for lease or any land vested in the Gram Sabha or the State
Government or the surplus land defined in the Uttar Pradesh Imposition of Ceiling on
Land Holdings Act, 1960.
(3) Asami: Asami is a minor form of land tenure. It applies to a small number of persons
who were non-occupancy tenants under the prior law. Rights of an Asami is heritable, but neither
it is permanent nor transferable. When a bhumidhar lets his holdings, in accordance with the
provisions of the Act, the lessee is called an Asami. Section 78 of the Code provides that every
person belonging to any of the following classes shall be called an asami and shall have all the
rights and be subject to al the liabilities conferred or imposed upon such asami by or under this
Code, namely-
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(a) every person who was an asami immediately before the date of commencement of this
Code;
(b) every person who is admitted as an asami on or after the said date by the
BhumiPrabandhakSamiti to any land under or in accordance with the provisions of this Code;
(c) every person who is admitted as lessee on or after the said date, by a bhumidhar of any
land under or in accordance with the provisions of this Code;
(d) every person who in any other manner acquires the rights of an asami under or in
accordance with the provisions of this code or any other law for the time being in force.
(4) Government Lessee: The ―Government Lessee‖ was introduced in Act by the U.P.
Land Reforms (Amendment Act) 1958 and after Section 133 a new Section 133 A was
incorporated.
Section 133 A declares ―Every person to whom land has been let out by the State
Government shall be called a Government Lessee in respect of such land and shall,
notwithstanding anything to the contrary contained to hold the same in accordance with the terms
and conditions of the lease relating thereto.‖
It is clear from the provisions of Section 133 A of the Act that the rights and liabilities of
Government Lessees shall be governed by the terms and conditions of their lease and not by the
provisions of the U.P. Zamindari Abolition and Land Revenue Act, 1950. Thus a Government
Lessee cannot be ejected from the land except according to the rules and laws of Act.
But under the U.P. Land Revenue Code, 2006, the definition of Government lessee as
stated in Sec. 147 as under:
Every person who holds, any land on lease from the State Government, whether such lease
was granted before or after the commencement of this Code, shall be called a Government lessee
in respect of such land.
Sec.148- Government lessees right to hold land.- Notwithstanding anything contained in
this Code, every Government lessee every shall be entitled to hold such land in accordance with
the terms and conditions of the lease.
Sec.149- Ejectment of Government lessee.- A Government lessee may be evicted from the
land held by him on one or more of the following grounds, namel-
(a) that he has failed to pay the rent or any other sum due under the lease within six months
from the date on which it became due;
31
(b) that he has used such land for any purpose other than that for which it was granted;
(c) that the term of his lease has expired or the lease has been cancelled;
(d) that he has contravened any terms or conditions of the lease.
Rights of a Bhumidhar to Transfer His Holding Under The Act
A Bhumidhar with transferable rights can transfer his holding or any part of its subject to
certain conditions. A Bhumidhar with transferable rights has got complete right to transfer, sell
or bequeath his holding to any person. This right of transfer is available to all the bhumidhars
with transferable rights whether be a female, or a male, whether he is a Hindu or non-Hindu,
whether the bhumidhari land is self-acquired or ancestral.
The Supreme Court in Ramji Dixit v. Bhrigunath(AIR 1968 SC) observed:
―There is nothing in Section 152 from which it may be inferred that the interest of a female
bhumidhar is anything less than the interest held by a male bhumidhar‖.
Thus the concept of ―limited interest‖ is unknown to the zamindari law of succession and
transfer. In Triveni Prasad v. Deputy Director Consolidation (1981 RD 319), the Allahabad
High Court went one step further and held that even a compromise will not restrict the rights of a
bhumidhar.
Right of tenures:
Use: Sec. 79 of U.P. Land Revenue Code, 2006 Right of Bhumidhars to exclusive
possession (1) A bhumidhar with transferable rights shall, subject to the provision of this code
have the right to exclusive possession of all land which he is such a bhumidhar and to use it for
any purpose what so ever. (2) abhumidhar with non transferable right shall, subject to the
provisions of this code have the right to exclusive possession of all land of which he is such a
bhumidhar, and to use such land for any purpose connected with agriculture.
Sec. 80 Use of holding for Industrial, Commercial or residential purposes. (1)
where a bhumidhar with transferable rights uses his holding or part there of for a
purpose not connected with agriculture, horticulture or animalhusbandry which
includes pisciculture and poultry farming, the Sub Divisional officer may, Suomotu or
on an application moved by such bhumidhar, after making such enquiry as may be
prescribed, make a declaration to that effect. (2) the application for declaration under
sub-section (1) shall contain such particular and shall be made in such manner as may
32
be prescribed. (3) where the application under sub-section (1) is made in respect of a
part of the holding the sub-divisional officer may, in the manner prescribed, demarcate
such part for purposes of such declaration. (4) No declaration under this section shall be
issued by the Sub Divisional Officer if he is satisfied that the land is to be used for a
purpose which is likely to cause a public nuisance or to affect adversely public order,
public health, safety or convenience or against uses proposed in the master plan.
Sec.81. Consequence of declaration- where a declaration has been made under section
80 the following consequences shall, in respect of such holding or part to which it
relates ensue: (a) Allrstrictions imposed by or under this chapter in respect of transfer
of land shall cease to apply the bhumidhar with transferable rights. (b) Not with
standing anything contained in chapter XI the land shall, with effect from the
commencement of the agricultural year following the date of declaration, be exempted
from payment of land revenue: (c) The bhumidhar shall in the matter of devolution be
governed by the personal law to which he is subject.
Sec.84. Right of an asami for exclusive possession of his holding- an asami shall,
subject to the provision of this code, have the right to exclusive possession of all land
comprised in his holding and to use such land for any purpose connected with
agriculture: Provided that no asami shall be entitled to use any and declared by the state
government by notification to be intended or set a part for taungya plantation, for any
purpose other than cultivation and raising of crops.
Sec.85. Consequences of using the land in contravention of the provisions of this
code- (1) where a bhumidhar with non-transferable right uses his holding or part ther
of, in contravention of the provisions of section 79, he shall, notwithstanding anything
contained in any other provision of this code, be liable to ejectment from such holding
or part on the suit of the Gram Sabha. (2) where an asami uses his holding or part
thereof for any purpose not permitted be section 84, he shall, notwithstanding anything
contained in any other provision of this code be liable to ejectment for such holding or
part, on the suit of the land holder. (3) a decree for ejectment under this section may
direct payment of damages equivalent to the cost of work which may be required to
restore the land to its original condition.
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Sec. 86. Extinction of interest of bhumidhar with non-transferable rights or asami-

Where a bhumidhar with non-transferable rights or an asami has been eject from any
holding or part thereof in accordance with section 85, all rights and interest of such
bhumidhar or asami in such holding or part together with any improvements made there
in shall stand extinguished.
Restriction on transfer:
Sec. 88. Transferability of a bhumidhars‘ interest- (1) The interest of a bhumidhar with
transferable right shall, subject to the provisions of this Code, be transferable. (2) Save as
otherwise expressly provided by this Code or any other law for the time being in force, the
interest of a bhumidhar with nontransferable rights or an asami in any holding shall not be
transferable.
Sec. 89. Restrictions on transfer by bhumidhar- (1) No bhumidhar shall have the right
to transfer any holding or part thereof where such transfer contravenes or is likely to contravene
the provisions of subsection (2) or sub-section (3). (2) Subject to the provisions of sub-section
(3), no person shall have the right to acquire by purchase or gift any holding or part thereof from
a bhumidhar with transferable rights where the transferee shall as a result of such acquisition
become entitled to land which together with land, if any, held by him and his family shall exceed
5.04 hectares in Uttar Pradesh. (3) The State Government may, by general or special order,
authorise an acquisition in excess of the limits specified in sub-section (2) if such acquisition is
for a charitable or industrial purpose and is in favour of a registered society or any company or
other corporation or educational institution or a charitable institution and if it is of opinion that
the acquisition would be in public interest, and in any such case, the provisions of the Uttar
Pradesh Imposition of Ceiling on Land Holdings Act, 1960 shall not apply to such acquisition.
Sec. 90. Persons other than Indian nationals not to acquire land.- Notwithstanding
anything contained in this Code or in any other law for the time being in force, no person, other
than an Indian citizen, shall have the right to acquire any land, by sale or gift, or in any other
manner involving transfer of possession in his favour, without prior permission in writing from
the State Government. Explanation.- For the purposes of this section, the expression ―an Indian
citizen‖ includes any company or association or body of individuals, whether incorporated or
not, which is wholly or substantially owned or controlled by Indian citizens.
34
Sec.91. Restriction on transfer of mortgage.- No bhumidhar shall have right to mortgage

any holding or its part where possession of the mortgaged property is transferred or agreed to be
transferred to the mortgagee as security for the amount of mortgage advanced or to be advanced
or for interest thereon.
Sec. 92. Mortgage and gift of land by bhumidhar with non-transferable rights.-
Subject to the provisions of this Code, the interest of a bhumidhar with non-transferable rights in
any holding or its part may be- (a) transferred by mortgage without possession as security for a
loan taken or to be taken from the State Government or a bank or a cooperative society or the
U.P. State Agro Industrial Corporation Ltd., or any other financial institution owned and
controlled by such Government. (b) sold in execution of a decree of any Court regarding the
35
matter referred to in clause (a) or in proceedings for collection of land revenue under Chapter
XII.
Sec.93. Transfer of possession for securing money shall be deemed to be a sale.- If any
bhumidhar transfers possession of any holding or part thereof for the purpose of securing any
money advanced by way of loan or in lieu of interest on such loan, then, notwithstanding
anything contained in any law or contract or document of transfer, the transaction shall be
deemed at all times and for the purposes of this Code, to be a sale to the transferee, and to every
such sale, the provisions of Section 89 shall apply.
Sec.94. Restriction on lease.- No bhumidhar or asami shall let out his holding or any part
thereof, except- (a) in the cases provided for in Section 95 or Section 96, or (b) to a recognized
educational institution imparting instruction in agriculture.
Sec.95. Lease by a disabled person.- (1) A bhumidhar or an asami holding land from a
Gram Sabha, may let out the whole or part of his holding for a period not exceeding three years
at a time, if he is a disabled person, that is to say, he belongs to any one of the under mentioned
classes: (a) a mentally ill or mentally retarded person, the letting in such a case being made by
his guardian or by the manager of his property. (b) a person incapable of cultivation by reason of
any physical infirmity; (c) a deity or a waqf; (d) a widow or an unmarried woman; (e) a married
woman, provided she is divorced or has been deserted by her husband or is judicially separated
from her husband or is living separately on account of cruelty of her husband or her husband‘s
relatives, or her husband belongs to class (a), class (b), class (g) or class (h); (f) a minor whose
father is either dead or belongs to class (a), class (b), class (g), class (h) or class (i) or class (j),
the letting in such a case being made by guardian of his property; (g) a person blow 25 years in
age who is prosecuted studies in any recognized educational institution and whose father is either
dead or belongs to class (a), class (h), class (i) or class (j): (h) a person serving in Military, Naval
or Air services of the Union of India or his wife or her husband living with him or with her; (i)
any other Government servant or his wife or her husband living with him or with her; (j) any
person under detention on undergoing imprisonment. (2) Where a bank acquires any land in
proceedings under the Uttar Pradesh Agricultural Credit Act, 1973, it may let the whole or part
of such land for a period not exceeding one year at a time, and after the expiry of the said period,
the lessee shall cease to have any right, title or interest in the land so let. Explanation.- The
36
expression ‗mentally ill‘ and ‗mentally retarded‘ shall have the meanings assigned to them in the
Mental Health Act, 1987 (Act no.14 of 1987).
Sec.96. Lease by disabled co-sharer.- (1) Where any holding is held jointly by more
persons than one and all of them are not subject to the disabilities mentioned in sub-section (1) of
Section 95, then the disabled co-sharer may alone let out his share in the holding. (2) Where any
share in any holding has been let out by a co-sharer in accordance with sub-section (1), the asami
or co-sharer may sue for division of such share. (3) No other relief shall be combined in a suit for
division under subsection (2).
Sec.97. Lease how made.- Notwithstanding anything contained in the Transfer of Property
Act, 1882 (Act No.14 of 1882), or the Indian Registration Act, 1908 (Act No.16 of 1908), a lease
referred to in Section 95 for a period exceeding one year shall be made either by a registered
instrument or in the manner prescribed. Explanation.- A lease which fails to comply with the
provisions of this section shall not be deemed by reason thereof to be a transfer in contravention
of the provisions of this Chapter.
Sec.98. Restrictions on transfer by bhumidhars belonging to a scheduled case.- (1)
Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled caste
shall have the right to transfer, by way of sale, gift, mortgage or lease any land, situate outside
the limits of development authorities constituted under Uttar Pradesh urban Planning and
Development Act, 1973, to a person not belonging to a scheduled caster, except with the
previous permission on the Collector in writing : Provided that no such permission shall be
granted by the Collector, if the transferor will come to hold less than 1.265 hectare of land in
Uttar Pradesh as a result of such transfer.
Sec. 99. Restriction on transfer by bhumidhars of scheduled tribes.- Without prejudice
to the provisions of this Chapter, no bhumidhar belonging to a scheduled tribe shall have the
right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a
scheduled tribe.
Sec. 100. Mortgage by members of scheduled caste and scheduled tribes.- A bhumidhar
or an asami belonging to a scheduled caste or a scheduled tribe may, notwithstanding anything
contained in any other provision of this Code, transfer his interest in any holding or part, by
mortgage without possession as security for a loan taken or to be taken from the State
Government or any institution referred to in clause (a) of Section 92.
37
Sec.101. Exchange.-(1) No bhumidhar shall without prior permission in writing of the

Sub-Divisional Officer exchange his land with the land- (a) held by another bhumidhar, or (b)
entrusted or deemed to be entrusted to any Gram Sabha or a local authority under Section 59. (2)
The Sub-Divisional Officer shall refuse permission under sub-section (1) in the following cases,
namely- (a) if the exchange is not necessary for the consolidation of holdings or securing
convenience in cultivation; (b) if the difference between the valuation, determined in the manner
prescribed, of the lands given and received in exchange exceeds ten per cent of the lower
valuation; (c) if the difference between the areas of the land given and received in exchange
exceeds twenty-five per cent of the lesser area; or (d) in the case of land referred to in clause (b)
of sub-section (1), if it is reserved for planned use, or is land in which bumidhari rights do not
accrue; (e) if the land is not located in same or adjacent village of the same tehsil. (3) Nothing in
this section shall be deemed to empower any person to exchange his undivided interest in any
holding, except where such exchange is in between two or more same co-sharers.
Sec.102. Consequences of exchange.- Where an exchange is made in accordance with
Section 101- (a) the parties to the exchange shall have the same rights in the land received in
exchange as they had in the land given. (b) the Sub-Divisional officer shall order the record of
rights (Khatauni) to be corrected accordingly; and (c) the amount of land revenue assessed,
payable or deemed to be payable for the land so exchanged shall not be affected thereby.
Sec.103. Effect of lease in contravention of this Code.- Where a bhumidhar has let out
his holding or any part thereof in contravention of Section 94, Section 95, Section 96 or Section
99, the lessee shall, notwithstanding anything contained in any law or contract or document of
lease, become and be deemed to be- (a) Where the total area of the land held by him, together
with the land held by his family, including the land let out to him and any member of his family,
does not exceed 53.04 hectares in Uttar Pradesh, bhumidhar with non-transferable rights thereof,
and (b) where the total area as aforesaid exceeds 5.04 hectares, a purchaser thereof, and the
provisions of Section 89 shall, apply thereto.
Sec.104. Transfer in contravention of this Code to be void.- Except as provided in
Section 103, every transfer of interest in any holding or part thereof made by a bhumidhar or any
asami in contravention of the provisions of this Code shall be void.
Sec.105. Consequences of transfer by bhumidhar in contravention of the Code.- (1)
Where transfer of interest in any holding or part made by a bhumidhar is void under Section 104,
38
the following consequences shall, with effect from the date of such transfer, ensue, namely- (a)
the subject matter of such transfer shall vest in the State government free from all encumbrances;
(b) the trees, crops, wells and other improvements, existing on such holding or part shall vest in
the State Government free from all encumbrances; (c) the interests of the transferor and the
transferee in the properties specified in clauses (a) and (b) shall stand extinguished; (d) the
extinction of interest of the transfer under clause (c) shall operate to extinguish the interest of any
asami holding under him. (2) Where any land or other property has vested in the State
Government under sub-section (1), it shall be lawful for the Collector to any person occupying
such land or property be evicted therefrom, and for that purpose, the Collector may use or cause
to used such force as may be necessary and the provisions of Section 59 mutantis mutandis shall
apply to such property.
Sec.106. Consequences of transfer made by asami in contravention of this Code.-
Where transfer of interest in any holding or part made by an asami is void under Section 104,
such asami shall be liable to be ejectment on the suit of the Gram Sabha or other land holder, as
the case may be, in accordance with the provisions of this Code.
.
Q. 7. What is land tenure ? Enumerate its various kinds both under the old system as
well as new land tenure system.
Ans. Land-tenure.—Zamindari Abolition and Land Reforms Act and U.P. Land Revenue
Code does not define the term land tenure. Ordinarily the term ‗tenure‘ denotes the mode of
owning, holding or occupying land. It is usual name given for the conditions on which land is
held by the persons who use and occupy it. The possessor or the occupier of the land is called the
tenant; the conditions under which the land is occupied or held is called the tenure ; and the land
itself is called the estate. Prior to the passing of U. P. Z. A. and L. R. Act, the Zamindari System
prevailed in Uttar Pradesh. Following proprietary rights were recognised : (i) The proprietors
(ii) Under-proprietors in Oudh (iii) Sub-proprietors in Agra (iv) Permanent lessees (v)
Thekedars, and (vi) Mortgagees with possession of the proprietary interest in the Mahal.
Formerly there were three types of land-tenures in the country, viz. Zamindari,
Mahalwariand Ryotwari.
1. Zamindari system.—Under the Zamindari system one or a few persons are held jointly
and severally responsible for the payment of the Government land revenue for the whole estate.
39
It is with these persons that the Government makes settlement for the payment of the land
revenue and they are made responsible for it under zamindari system, the zamindars are the
intermediaries between the tenure holders and the State. The zamindars collect land revenue
from the tenure holders to deposit the same with the State.
2. Mahalwari system.—Mahalwari system signifies joint village tenure or land tenure, or
village community tenure. Under this system the village estates are jointly and collectively held
by the co-sharing bodies of the village community. There may be one or more mahalsof co-
sharers in a single village or one mahalmay extend to more than one village. The mahalconsists
of a local area which is held under a separate engagement for the purpose of payment of land
revenue.
3. Ryotwari System.—In this System of land-tenure each landlord is separately assessed to
the land revenue and he is held solely responsible for the payment of this land revenue, to the
State Government.
Land revenue is assessed on each separate holding which is individually owned and
cultivated by each individual landholder. The sum total of all these owners and cultivators make
the village a Ryotwarivillage. The above land-tenure system was in vogue in various parts of the
country.
Before coming into operation of the Uttar Pradesh Zamindari Abolition and Land Reforms
Act, there were fourteen complicated varieties of tenure holders. These were :
(1) Fixed-rate-tenant. (2) Ex-proprietary tenant. (3) Tenant holding on special terms in
Oudh. (4) Hereditary tenants. (5) Occupancy tenant. (6) Non-occupancy tenant. (7) Grove
holder. (8) Muafidar or rent free grantee. (9) Grantee at favourable rate of rate. (10) Tenant of Sir
land. (11) Sub-tenant. (12) Occupant. (13) Guzaredar. (14) Tenant‘s mortgagee.
Amongst these tenure-holders, there were not even two having similar rights in land.
Now under the Zamindari Abolition and Land Reforms Act, 1950 (U. P. Act I of 1951), the
old system of land tenure had been completely abolished and an entirely new system
has been established instead of the old.
The Zamindari Abolition and Land Reforms Act, recognises only three kinds of tenure
holders :—(1) Bhumidhars (2) Sirdars (3) Asamis. There has been a fourth class of tenure-
holders, known as Adhivasis, but they were more of the nature of a transitional tenure holders,
than real tenure holders. However, the responsibility of the payment of the Land Revenue rests
40
solely on Bhumidhars and Sirdars i.e. Asamis are not responsible for the payment of the land
revenue. They are responsible to pay rent only to the Bhumidhars. All adhivasis became sirdars
in 1954 and since the passing of the U.P. Land Laws (Amendment) Act, 1977 (No. 8 of 1977),
have become bhumidhars. All the existing Sirdars having right to become Bhumidhars were
made Bhumidhars with transferable rights. Sirdars having no such right were made Bhumidhars
with non-transferable rights. Asamis were left untouched. Therefore with effect from 28-1-1977,
there are three tenure-holders under the land law. They are:—
(i) Bhumidhar with transferable rights.
(ii) Bhumidhar with non-transferable rights; and
(iii)Asami
(iv)Government Lessee.
Now under the land Revenue Code by virtue of Sec. 74 the same categories of tenure is still
recognized.
Q.11(e). What do you understand by Gram Sabha? Explain the constitution, powers
and functions of Gram Sabha.
Ans. Meaning of Gram Sabha—According to S. 2.(g) of U.P. Panchayat Raj Act,
―Gram Sabha‖ means a body established U/S. 3 of U.P. Panchayat Raj Act, consisting of
persons registered in the-electoral rolls relating to a village comprised within the area of Gram
Panchayat.
According to S. 3: the state government shall, by notification in the official Gazette,
establish a Gram Sabha for village or group of villages by such name specified :
Provided that where a Gram Sabha is established for a group of villages, the name of the
village having the largest population shall be specified as the name of the Gram Sabha.
Thus, by the Amendment the state government merged small villages in larger villages and
constituted the Gram Sabha on the minimum population of 1000 voters. Prior to the amendment,
about 74,000 Gram Sabhas were established in the whole of Uttar Pradesh having villages of one
lakh twelve thousand. But after the amendment at present 58,605 Gram Shabhas have already
been established.
41
Jurisdiction of Gram Sabha—Ordinarily a Gram Sabha has jurisdiction over all public
properties situated within its territorial limits. But the State Government may entrust in Gram
Sabha public properties which are situate outside the territorial limits of the Gram Sabha. Such
Gram Sabha or its BhumiPrabandhakSamiti(LMC) shall, ‗perform, discharge and exercise
(subject to such exceptions, conditions and modification, if any, as may be specified in this
behalf) the functions, duties and powers assigned or imposed or conferred by or under this Act or
the U.P. Panchayat Raj Act on a Gram Panch or the Bhumi,PrabandhakSamiti. S. 59 of U.P.
Land Revenue Code, 2006.
If the whole of the area of Gram Panchayat is included in a. municipality notified area or
town area, the Gram Panchayatshall tease. If only a pan of such area is so included, its
jurisdiction shall be reduced by that part.
Powers and Functions of Gram Sabha—The powers and functions of Gram Sabha may
be divided into two kinds—
(i) Powers relating to Lands; and
(ii) Powers other than Lands (general)
Powers Relating to Lands—Powers and function in relation to lands, etc. are entrusted to
the Land Management Committee which acts on behalf of the Gram Sabha. The liability for
general acts, other than lands, etc. is with the Gram Panchayatwhich acts on behalf of the
Gram Sabha. However, there are certain functions and powers which the U.P. Panchayat Raj
Act requires to be done by the Gram Sabha only. One of such functions is to hold the Gram
Sabha. Every Gram Sabha shall hold two general meetings in each year, one soon after the
42
harvesting of the kharif crop and the other soon after the harvesting of rabi crop. The other
important function or power to be used by the Gram Sabha alone is ―the imposition of taxes and
fees‖ as mentioned U/S. 37 of the U.P. Panchayat Raj Act.
During the meeting of Gram Sabha, the Gram Panchayat shall also consider the
development programmes of the financial year for all sections of society, adult education and
mobilisationof voluntarily labour and contribution of community welfare programmes and its
implementation.
Q.12. Define surrender and abandonment and distinguish between them.

Ans. Surrender: Surrender under the U.P. Land Revenue Code, 2006means to give up or
resign from the land which was being hold by a bhumidhar with non transferable rights or an
Asami. The Act also provides that bhumidhar with non transferable rights may surrender his
holding or part thereof but an Asami can surrender the whole of his holding and not any part
thereof.
Abandonment (1985, 1987, 2003): ―To abandon is totally to withdraw oneself from an
object, to lay aside all care for it; to leave it altogether to itself.‖ Where a land is abandoned the
underlined idea is the the land is utterly useless or valuless and the abandoment is not being
made in favour of a particular person.
Consequences of abandonment:
(i) If the tenure holder abandoning the land is a female having ―limited estate‖ it shall
revert to the next surviving heir of the last male tenure holder.
43
(ii) If the holding has been abandoned by bhumidhar with non-transferable rights or asami
other than a female of limited estate, his interest shall be extinguished and the land shall be
deemed to be vacant land.
(iii) The LMC shall be entitled to take possession of such bhumidhari land and in the case
of an asami land in the possession would be taken by his land holder.
Q.13. Distinguish between the following:

(a) Khasra&Khatauni
(b) Rent and Revenue
Ans. (a) Khasra: Khasra or field book is the detailed description of fields which are shown
in the map. It is prepared and maintained year wise. Changes in the boundaries of the fields and
the facts required for purpose of the khatauni are entered in the khasra. It has 21 columns.
Column 1 to 5: Field number, area no. of Khatauni-khata, name of tenure-holder as
classified in part-I of Khatauni, name of tenure holder as classified in part II of khatauni are
written up before the first tour (kharifpartal) by the lekhpal.
Columns 7 to 9 are also posted during first tour (kharifpartal).
Coloums 10 to 12 are posted during second tour (Rabi partal).
Columns 13 to 15 are posted during third tour (Zaid Partal).
and the rest of columns are filled up after the third tour. Method of irrigation and wells are
shown in column 6. Pucca well is shown with red and kaccha well with black ink. If a bhumidhar
with non-transferable right or asami uses the holding for a purpose other than agriculture,
horticulture or animal husbandary which includes pisciculture and poultry farming, it shall be
recorded in the remakrs column.
Khasra itself is not a record of rights but it is the foundation of the record-of-rights and the
source of all agricultural statistics. It contains all agricultural facts, such as crops, irrigation, etc.
and also all facts required for the preparation of the khatauni, such as names of tenure-holders.
Its correct preparation is, therefore of the utmost importance. Para A-55 of the Land Records
Manual provides that in order to maintain the map and khasra; the Lokpal shall make three field
inspections of every village in his tualka.
44
Khatauni or Annual register

Annual Register mentioned under Section 33 of the Revenue Act, 1901, is called khatauni.
Khatauni is prepared six yearly. It consists of 13 columns.
The name of tenure-holder, father‘s name and residence, duration of occupancy, amount of
revenue or rent, etc., are specially mentioned in the Khatauni and which is not found in any other
record or paper.
Khatauni is a register of persons cultivating or otherwise, occupying land. It is an amended
edition of record of rights. A person using the land other than agriculture purpose such as
residence must be shown in the Khatauni. Whenever there is any change in the possession of the
land whether by succession or transfer or otherwise, the change is recorded in the khatauni by
way of ―mutation proceedings.‖
Ans. (b) Rent and Revenue
Rent and Revenue are theoretically one and the same thing because both are payable on
account of the use or occupation of the land, but in practice, they are distinct to each other:
(1) Revenue is a tax imposed by the State Government and is fixed in accordance with
some principles incorporated in a statute. But a rent is a matter of contract.
(2) Bhumidhar pays revenue to the State Government while the asami pays rent to the
Gram Sabha or the tenant-in-chief.
(3) As rent is a matter of contract, so it can be settled by the agreement of the parties.
Revenue is a matter between the state and the Bhumidharand , generally it is invariable.
Q. 14(a). Write a short note on Revenue Court.
Ans. A Revenue Court is defined under Section 5(2) of C.P.C. as, ―A court having
jurisdiction under any local law to entertain suits or other proceedings relating to the rent,
revenue, profit of land used for agricultural purposes, but does not include a civil court having
original jurisdiction under the code to try such suits or proceedings as being suits or proceedings
of civil nature.‖ Thus, it would be found that unless and until a special or local law makes
provisions to be governed by prescribing the procedure, the Revenue Courts, will continue to be
governed by the Code of Civil Procedure in the matters of procedure.
Revenue Court, according to U.P. Land Revenue Act, means all or any of the authorities
mentioned below:
(i) The Board of Revenue and all members thereof,
45
(ii) Commissioners
(iii) Additional Commissioners
(iv) Collectors
(v) Assistant Collectors
(vi) Settlement Officers
(vii) Assistant Settlement Officers
(viii) Record Officers
(ix) Assistant Record Officers
(x) Tahsildars.
Q14(b). Discuss the various modes of recovery of arrears of land revenue as
prescribed under U.P.Z..A. and L.R.Act 1950.
Ans. Modes of Recovery of an Arrears of Land Revenue-•According to S. 170 (l)-of
U.P. Land Revenue Code, 2006an arrears of land revenue may he recovered by one or more of
the following seven processes—
(1) (a) by arrest and detention of the defaulter; (b) by attachment and sale of his movable
property including agricultural produce; (c) by attachment of any bank account or
locker of the defaulter; (d) by attachment of the land in respect of which the arrear is
due; (e) by lease or sale of the land in respect o which the arrear is due; (f) by
attachment and sale of other immovable property of the defaulter; (g) by appointing a
receiver of any property, movable or immovable, of the defaulter. Explanation.- For the
removal of doubts, it is hereby declared that two or more processes hereinbefore
mentioned may be issued and enforced simultaneously or one after the other. (2) Sums
of money recoverable as arrears of land revenue, but not due in respect of any specific
land, may be recovered by processes under this section from any immovable property
of the defaulter including any holding of which he is a bhumidhar or asami.
Sec. 171. Arrest and detention.- (1) Any person committing default in payment of an arrear of
land revenue may be arrested and detained in custody in the Tahsil lock-up and if there is no
such lock-up, at such other place as may be prescribed, for a period not exceeding fifteen days,
unless the arrears are sooner paid. (2) Notwithstanding anything contained in sub-section (1), no
person shall be liable to arrest or detention for an arrear of land revenue, where and for so long as
46
such person- (a) is a woman or a minor, or a senior citizen of 65 years, or a person as referred in
Section 95(1) (a): (b) belongs to the Armed Forces of the Union: (c) is exempt under Section
133, 135 or 135-A of the Code of Civil Procedure, 1908. (3) No person shall be detained in
custody under this section, unless the officer issuing the arrest warrant has reason to believe that
the process of detention will compel the payment of the whole or a substantial portion of the
arrears. (4) The officer issuing the arrest warrant may withdraw such warrant, if the defaulter
pays or undertakes to pay the whole or substantial portion of the arrears and furnishes adequate
security therefor.
Sec.172. Attachment and sale of movable property.-(1) The SubDivisional Officer may attach
and sell movable properties of the defaulter including agricultural produce. (2) The following
properties shall be exempted from attachment under sub-section (1) and sale under sub-section
(5) namely: (a) the necessary wearing apparel, cooking, vessels, beds and bedding of the
defaulter, his wife and children and such personal ornaments as, in accordance with the religious
usage, cannot be parted with by any woman; (b) tools of a village artisan and, if the defaulter is
an agriculturist, his implements of husbandry (except an implement driven by mechanical power)
and such cattle and seed as may in the opinion of the attaching officer be necessary to enable him
to earn his livelihood as such; (c) articles set apart exclusively for the use of religious worship.
Explanation I.- For the purposes of this sub-section, the expression ―agriculturist‖ means a
person who cultivates land personally and who depends for his livelihood mainly on the income
from agricultural land. Explanation II.- For the purposes of Explanation I, a person shall be
deemed to cultivate land personally, if he cultivates land- (a) by his own labour; (b) by the labour
of any member of his family; or (c) by servants or labourers on wages payable in cash or in kind
or both. (3) Where any movable property is attached by actual seizure and the defaulter furnishes
security to the satisfaction of the attaching officer, the property so attached shall be left in the
custody of the defaulter. In case the defaulter is not available at the time of the attachment or if
he is available but falls to furnish security to the satisfaction of the attaching officer, the attached
property may be left in the custody of any responsible person who is willing to undertake its
custody: Provided that in the case of live-stock, it may be removed to the nearest pond if neither
the defaulter furnishes such security nor any responsible person is willing to undertake its
custody. (4) The person who undertakes the custody of any movable property under sub-section
(3) shall execute a bond (superdnama) in the prescribed form (which shall be exempt from stamp
47
duty) and shall preserve and maintain such property and produce it wherever required. The
supurdar shall be liable for all damages or loss caused to the property given in his custody or for
failure to produce it when required. Such damages or loss shall be determined by the Sub-
Divisional Officer and shall be recoverable from the supurdar as arrears of land revenue. (5) If
the amount of arrears is not paid within a period of thirty days from the date of attachment of
movable properties under this section, the SubDivisional Officer may sell the same in the manner
prescribed.
Sec.173. Attachment of bank account and locker of the defaulter.- The attachment of any
bank account of the defaulter shall, so far as possible, be made b serving a garnishee order on the
manager in charge of the branch of the bank concerned in the manner laid down in Rules, 46, 46-
A and 46-B of Order XXI contained in the First Scheduled to the Code of Civil Procedure, 1908,
and in the case of a locker hired by the defaulter, the same shall be sealed in the presence of such
manager who shall, thereafter, await further orders of the SubDivisional Officer regarding
preparation of inventory of its contents and their ultimate disposal.
Sec. 174. Attachment of holding.-(1) The Sub-Divisional Officer may attach any land in respect
of which any arrears of land revenue is due. (2) Where the amount of arrears in respect of which
the attachment was made under sub-section (1) is paid, such attachment shall stand withdrawn.
(3) If the amount of arrears is not paid within a period of thirty days from the date of such
attachment, the Collector may proceed in accordance with the provisions of Section 175 or
Section 176, as the case may be.
Sec.175. Lease of holding.- (1) Where any land is attached under Section 174 the Sub-
Divisional Officer may, notwithstanding anything contained in this Code, but subject to such
conditions as may be prescribed, let out the same for such period not exceeding ten years
(commencing from the first day of July next following) as he deems fit, to any person other than
the defaulter. (2) The person to whom any land is let out under sub-section (1) shall be bound to
pay the whole of the arrears due in respect of such land and to pay the land revenue, during the
period of lease, at the rate payable by the defaulter in respect of such land immediately preceding
its attachment. (3) If during the period of lease, the lessee commits default in payment of any
amount due under the lease, and no other person is willing to take the land on lease for the
remaining period thereof, then such amount may be recovered from such lessee by any one or
more of the processes mentioned in Section 170 and the lease shall be liable to be determined.
48
(4) Upon the expiry of the period of lease, the land shall be restored to the tenure holder
concerned free of any claim on the part of the State Government for an arrear of revenue in
respect of such land.
Sec. 176. Sale of holding.-(1) Where a suitable person is not forthcoming to take on lease the
land attached under Section 174, or where the lease of such land is determined under Section
175, the Sub-Divisional Officer may sell the whole or any part of such land in such manner as
may be prescribed, and appropriate the sale proceeds in accordance with Section 200. (2) The
Sub-Divisional Officer shall report to the Collector every sale of land under sub-section (1).
Sec.177. Attachment and sale of other immovable property.- Notwithstanding anything
contained in any law for the time being in force, the Collector may realize any arrears of land
revenue by attachment and sale of the interest of a defaulter in any other immovable property
belonging to such defaulter: Provided that the house or other building (with materials and sites
thereof) and the land immediately appurtenant thereto belonging to an agriculturist and occupied
by him shall be exempt from attachment under this section. Explanation.- For the purposes of
this section, the expression ‗agriculturist‘ shall have the meaning assigned to it in Section 172.
Sec.178. Appointment of receiver.- (1) Where any arrear of land revenue is due from any
defaulter, the Collector may by order: (a) appoint, for such period as he may deem fit, a receiver
of any movable or immovable property of the defaulter; (b) remove any person from the
possession or custody of the property and commit the same to the possession, custody or
management of the receiver; (c) confer upon the receiver all such powers as to brining and
defending suits and for the realization, management, protection, preservation and improvement
of the property, the collection of the rents and profits thereof, the application and disposal of
such rents and profits, and the execution of documents, as the defaulter himself has, or such of
those powers as the Collector thinks fit. (2) Nothing in this section shall authorise the Collector
to remove from the possession or custody of property any person to whom the defaulter has not a
present right to remove. (3) The Collector may, from time to time, extend the duration of
appointment of the receiver. (4) No order under sub-section (1) or sub-section (3) shall be made
except after giving notice to the defaulter to show cause, and after considering any representation
that may be received by the Collector in response to such notice: Provided that an interim order
under sub-section (1) or sub-section (3) may be made at any time before or after the issue of such
notice: Provided further that where an interim order is made before the issue of such notice, the
49
order s hall stand vacated, if no notice is issued within two weeks from the date of the interim
order. (5) The provisions of Rules 2 to 4 of Order XL contained in the First Schedule to the Code
of Civil Procedure, 1908 shall mutatis mutandis apply in relation to a receiver appointed under
this section. (6) The receiver shall function subject to the control of the Collector and furnish
such information, returns or statements as the Collector may deem fit. (7) The Collector may be
order passed in writing and without assigning any reason, remove any receiver at any time before
the expiry of the term of such receiver and appoint any other person as receiver in his place, if he
is satisfied that continuance of that receiver shall not be desirable or expedient on ground of
inefficiency, gross negligence, wilful default, disobedience, misconduct, serious omission, or
misappropriation of any property. A person removed from the receivership under this section
shall not be entitled to claim any damages or compensation on the ground of his removal. (8) The
Collector shall have power to determine, after giving opportunity to the receiver, what loss, if
any, has been caused by the wilful default, disobedience, misconduct, serious omission or gross
negligence of, or on account of any misappropriation by the receiver and to recover the amount
of loss from receiver as an arrear of land revenue. (9) The rent, profits or any other income from
the property shall, after defraying the expenses of management including the remuneration of the
receiver, be adjusted towards discharge of the arrears, and the balance, if any, shall be paid to the
defaulter. (10) As soon as the arrears are discharged under sub-section (9) or otherwise, the
Collector shall restore the property to the defaulter.
Sec.182. Attachment of immovable property.-(1) Every process of attachment of any
immovable property under Section 174 or Section 177, or for lease of any land under Section
175 shall be issued by the Collector. (2) Every such attachment shall be effected in the manner
prescribed in Order XXI, Rule 54 of the First Schedule to the Code of Civil Procedure, 1908.
Sec. 183. Objection against attachment.- (1) Where any claim is preferred by any person other
than the defaulter or any person claiming under him in respect of any property attached or
proceeded against under this Chapter, the Collector may, after an inquiry, held after reasonable
notice, admit or reject such claim: Provided that no such claim shall be entertained: (a) where,
before the claim is preferred, the property attached has already been sold; or (b) where the
Collector considers that the claim is designedly or unnecessarily delayed; or (c) where the claim
is preferred after 30 days from the date of attachment. (2) The person against whom an order is
made under sub-section (2) may, within three months from the date of the order, prefer an appeal
50
before the Commissioner to establish the right which he claims to the property attached but
subject to the result of such appeal, if any, the order of the Collector shall be final.
Q.14(c). What do you mean by the term Revenue Court and Revenue Officer? Is there
any distinction between the two?
Ans. Meaning of Revenue Court—According to S. 4(8) of U.P. Land Revenue Act,
1901, Revenue Court means the Board of Revenue and all members thereof, Commissioners,
Additional Commissioners, Collector, Additional Collectors, Assistant Collectors, Settlement
Officers, Assistant Settlement Officers, Records Officers, Assistant Record Officers, and
Tahsildars.
The use of the word ―means‖ in the definition of ―Revenue Court‖ U/S. 4(8) of the U.P.
Land Revenue Act,l901shows that the identification is exhaustive. No other court can be called
a revenue court. Justice N.U. Beg, in SadhanLal Vs. Dy-director of Consolidation and other,
AIR 1964 held that Consolidation Courts constituted under the U.P. Consolidation of Holdings
Act cannot be described as revenue courts within the meaning of the definition of the said
expression U/S.4(g) of the U.P. Land Revenue Act, 1901.
2. Meaning of Revenue Officer—According to S.4(9), Revenue Officer means
an Officer employed under this Act ; maintaining revenue records or in the business of the land
revenu. In effect all the revenue courts, except the Board of Revenue, are Revenue Officers also;
i.e. Revenue Officers are Commissioner, Additional Commissioner, Collector, Additional
Collector, Assistant Settlement Officer, Record Officer, Assistant Record Officer and Tahsildars.
In addition to these authorities, the Naib-Tahsildar, Supervisor Kanungo and Lekhpal are
included in the term ―revenue officer‖.
3. Difference between Revenue Court and Revenue Officers—It is clear from the
definition of ‗revenue court‘ and ‗revenue officer‘ that there are some persons who are revenue
courts and also the revenue officers. When an authority deals with judicial matter, it becomes
Revenue Court which is under the control of the Board of Revenue. Revenue Courts, while try a
case, act judicially and ordinary principles governing trial of cases in law courts apply to them.
When an authority deals with non-judicial matters, it is called Revenue Officer who acts under
the control of State Government. The functions exercised by the Revenue Officer is purely
ministerial while the function of the Revenue Court is judicial. Thus, the functions of land
revenue administration may be divided into two classes—Judicial and Non-judicial.
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Q15(b). What do you mean by ―boundary marks‖? What is the procedure for
deciding the boundary disputes.
Ans. Meaning of Boundary Marks—The word ―boundary marks‖ includes every
permanent marks erected as boundary of a field or village whether in connection with a survey or
to define a disputed boundary. The cost of maintaining all boundary marks falls on the tenure-
holders and the GaonSablia, as the case may be.
Sec.20 of the U.P. Land Revenue Code, 2006 provides for Fixation and demarcation of
boundaries.- (1) Boundaries of all villages in the State and of all survey numbers in a village
shall be fixed and demarcated by boundary marks. (2) The boundary marks shall, subject to the
provisions hereinafter contained in this Chapter, be of such specifications and shall be
constructed and maintained in such manner as may be prescribed.
Sec.21- Obligation regarding maintenance and repair of boundary marks.- (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. (2) The Gram Sabha shall be responsible to
maintain and repair at its cost the boundary marks, other than those mentioned in sub-section (1),
lawfully erected in the villages situate within its jurisdiction.
Sec.22- Destruction etc. of boundary marks.- (1) if any boundary mark lawfully erected
in a Lekhpal circle is destroyed, removed or damaged, then the concerned Lekhpal shall be
bound promptly to report the matter to the NaibTehsildaar. (2) The NaibTahsildar shall make an
inquiry in respect of such report and shall submit his recommendation to the Sub-Divisional
Officer.
Sec.23- Power to require erection, repair or renewal of boundary marks.- (1) The Sub-
Divisional Officer may, on receipt of the recommendations of the NaibTahsildar under Section
22, or otherwise, require a Gram Sabha in relation to a village and a tenure holder in relation to
his holding, to erect or restore proper boundary marks or to repair or replace the same in such
manner as may be prescribed. (2) Where the Gram Sabha or a tenure holder fails to erect, restore,
repair or replace the boundary marks as required under sub-section (1), the Sub-Divisional
Officer may cause such boundary marks to be erected, restored, repaired or replaced, as the case
may be, and recover the cost thereof from such Gram Sabha or the tenure holder in the manner
prescribed.
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Sec.24- Dispute regarding boundaries.- (1) The sub-Divisional Officer may, on his own
motion or on an application made in this behalf by a person interested, decide, by summary
inquiry, any dispute regarding boundaries on the basis of existing survey map or, where the same
is not possible, in accordance with the provisions of the Uttar Pradesh Consolidation of Holdings
Act, 1953, on the basis of such map. (2) If in the course of an inquiry into a dispute under sub-
section (1), the Sub-Divisional Officer is unable to satisfy himself as to which party is in
possession or if it is shown that possession has been obtained by wrongful dispossession of the
lawful occupant, within a period of three months preceding the commencement of the inquiry,
the Sub-Divisional Officer shall- (a) in the first case, ascertain by summary inquiry who is the
person best entitled to the property, and shall put such person in possession. (b) in the second
case, put the person so dispossessed in possession, and for that purpose use or cause to be used
such force as may be necessary an shall then fix the boundary accordingly. (3) Every proceeding
under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within six
months from the date of the application. (4) Any person aggrieved by the order of the Sub-
Divisional Officer may prefer an appeal before the Commissioner within 30 days of the date of
such order. The order of the Commissioner shall be final.
Sec.25- Rights of way and other easements.- In the event of any dispute arising as to the
route by which a tenure holder or an agricultural labourer shall have access to his land or to the
waste or pasture land of the village (other than by the public roads, paths or common land) or as
to the source from or course by which he may avail himself of irrigational facilities, the Tahildar
may, after such local inquiry as may be considered necessary, decide the matter with reference to
the prevailing custom and with due regard to the parties concerned. He may direct the removal of
such obstacle and may, for that purpose, use or cause to be used such force as may be necessary
and may recover the cost of such removal from the person concerned in the manner prescribed.
Sec.26 Removal of obstacles.- If the Tahsildar finds that 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, he may direct the removal of such obstacle and may, for that purpose, use or
cause to be caused such force as may be necessary and may recover the cost of such removal
from the person concerned in the manner prescribed.
Sec.27-Revisional powers of Sub-Divisional Officer.- The Sub-Divisional Officer may
call for the record of any case decided by the Tahildar under Section 25 or 26, for the purpose of
53
satisfying himself as to the legality or propriety of such decision, and may, after affording
opportunity of hearing to the parties concerned, pass such orders as he things fit.
Sec.28-Order not to debar from establishing any right of easement.- No order made
under this Chapter shall debar any person from establishing such right of easement or customary
righty as he may claim by a civil suit.
Q.15(c). What are the various records maintained in respect of each village? Describe
the manner of their correction and up-keep.
Or
What is the record of right? How does it differ from annual registers? Who is crftitled
to maintain it?
Ans. Various Records Maintained in Respect of a Village— The Various records
maintained in respect of each village are as under——
1. Record of Rights — ―Record-of-rights‖ means a record of the rights mentioned U/S. 32
and prepared by a Record Officer U/S. 53 of the U.P. Land Revenue Act. The amended copies
of the above record-of-rights prepared by the Lekhpal from time to time during the currency of a
settlement including the Khatauniare not the records-of-rights U/S. 32 but are only Annual
Registers visualized U/S. 33 of the U.P. Land Revenue Act.
Prior to the commencement of the U.P. Zamindari Abolition and Land Reforms Act, 1950,
there used to be two records-of-rights for each village, viz., Khewat and Khatauni, but now there
is only one record-of-rights, that is Khatauni. The record-of-rights, is a register maintained
separately for each village, where in rights of all persons cultivating or otherwise occupying land
are recorded specifying all the particulars required by S.55. Such particulars are as under—
(i) The class of tenure whether bhumidhar with transferable rights, bhumihar with non-
transferable rights, or asami.
(ii) Revenue or rent payable.
(iii) Any-other condition of tenure which the State Government may by Rules make U/S.
234 to be recorded.
According to Para 123 of the Land Records Manual the Khasra is prepared by the Lekhpal
on the spot. But the Khatauni is prepared from the Khatauni of the previous year incorporating
all changes which the Khasra shows to be required.
54
Records-of-rignts are the original records framed by the Record Officer during the record
operations which are conducted in accordance with Chapter IV of Land Revenue Act. It is the
duty of Collector to maintain the record-of-rights and for that purpose he shall annually, or at
such longer intervals as the State Government may prescribe cause to be prepared an amended
register. The register so prepared shall be called the ―annual register‖.
Position under the U.P.Land Revenue Code, 2006 Sec.31 provides for Record of
Rights.- The Collector shall maintain, in the form and manner prescribed, a record of rights
(khatauni) for each village, which shall contain the following particulars, namely- (a) the names
of all tenure holders together with survey numbers or plot numbers held by them and their areas;
(b) the nature or extent of the respective interests of such persons and the conditions or liabilities,
if any, attaching thereto; (c) the rent or revenue, if any, payable by or to any such person; (d)
particulars of all land (other than holdings) belonging to or vested in the State Government,
Gram Sabha or a local authority; (e) such other particulars as may be prescribed.
Sec. 32 provides for Correction of records.- (1) Subject to the control of the Collector, the
Sub-Divisional Officer, the Tahildar, or the Revenue Inspector shall record, in the manner
hereinafter provided in this Chapter, all changes in the record of rights (Khatauni), the field book
(Khasra) and the map that may take place, and all transactions that may affect any of the rights or
interests recorded, and correct therein any errors proved to have been made in the records
previously prepared. (2) No application for correction of error under sub-section (1) where is
claim is based solely on possession as well as involving intricate question of title shall be
maintainable.
Annual Register—According to S. 33, the Annual Register is the amended edition of the
record-of-rights. It is popularly known as Khatauni. It is caused to be prepared by Collector
annually or at such longer intervals as the State Government may prescribe. Upto 1362 Fasli the
Annual Register was prepared annually, but from 1363 Fasli it was there times record, i.e., it
was prepared after the interval of three years. Now with effect from 1387 Fasli (i.e., from July 1,
1979) it is prepared six yearly. Though it is prepared now six-yearly, yet it is called annual
register. Map and field book do not come within the definition of annual register as defined in
the Act.
The Collector shall cause to be recorded in the annual register—
(a) All successions and transfers in accordance with the provisions of S.35; or
55
(b) Other changes that may take place in respect of any land; and shall also correct all
errors and omissions in accordance with the provisions of S.39 ;
Provided that the power to record a change under cl.(b) shall not be construed to include
the power to decide a dispute involving any question of title.
How Does Record-of-Rights differ from Annual Register— Record-of-rights is the
original record prepared by the Record Officer during the record operation while the ‗‘annual
register‖ is the amended edition of this record-of-rights. The record-of-rights is prepared by the
Record Officer under S. 53 and is maintained by the Collector U/S. 33, whereas, annual register
iscaused to be prepared by the Collector and is caused to be maintained by him. No change is
made in the rccord-of-rights but in the ―annual register‖ all changes are recorded which affect
any of the rights or interest recorded therein. Thus, ―annual register‖ is only the amended version
of the record-of-rights incorporating all the changes or corrections of errors prepared six yearly.
3. Register of Villages- According to S.31, the register of villages is a register prepared
and maintained by the Collector in the prescribed form. It is a list of villages showing therein the
areas —
(a) Liable to fluvial action; (b) Having precarious cultivation; and (c) The revenue whereof
has, either wholly or in part, been released, compounded, redeemed or assigned.
It is to be noted that the register shall be revised every five years in accordance with the
rules contained in the Land Records Manual. The mandate of S.31 that the Collector shall
prepare and maintain a list of all villages‖ has been delegated by Para 496 of the Land Records
Manual to the SadarQanungo, the Collector‘s advisory on matters of land Records.
The SadarQanungo shall maintain a list of villages for the whole district, in separate
volumes for each tahsil. Names of villages will be arranged to lekhpalhalqe wise. Details of—-
total area, cultivated area, area liable to fluvial action, the areas having precarious cultivation the
areas the revenue whereof has either wholly or in part been released, compounded, redeemed or
assigned. wherever such areas occur and the particulars of fields khalaunikhatas will be shown
against each village.
4. Map or Shajra—It is to be noted that there is a map or naksha of every village. It
shows, the shape and position of field boundaries and defines the boundary of village and also of
each field in the village. It is generally prepared on san oil-cloth or a glazed paper. The map
prepared during survey operation? is kept by the Lekhpal and he is required to mark in it the
56
changes as they occur, from year to year, in red. The map forms the basis for decision of the
boundary disputes S.14.
In order to maintain the map and the khasra the Lekhpalshall.lt make three field-to-field
inspections every year of every village in his halka. These tours are known as partal. The first
tour known as kharif Portal shall begin on 15 th August, the second tour named rabipartal, shall
begin on 15th December and the third Zaid tour on 15‖ May.
During each partal the lekhpal shall compare the field one by one with his map and shall
note thereon all changes in the field boundaries and other alterations after making necessary
measurements. Changes must be made in red ink. When a field is found to have been divided
into two or more portions, he shall give a separate number to each portion writing in original
number as numerator and the fractional number as denominator, e.g., 125/1 and 125/2.
5. Field-Book or Khasra—Khasra is the detailed description of fields which are shown in
the map. It is prepared and maintained yea wise. Changes in the boundaries of the fields and the
facts required for purpose of the khatauni are entered in the khasra. It has 21 columns —
Columns to; Field number.
Area,
No. of Khatanui-khata,
Name of tenure-hold eras classified in Part I of khatauni,
Name of tenure-holder as classified in Part II of khatauni,
are written up before the first tour (portal by the Lekhpal).
Columns 7 to 9 are posted during the first tour (KharifPartal).
Columns 10 to 12 are posted during the second tour (Rabi Partal),
Columns 13 to 15 are posted during the third tour (Zaid Partal), and the rest of columns are
filled up after the third tour. Method of irrigation and wells are shown in column 6. Pucca well is
shown with red and kachcha well with black ink. If a bhumidhar with non-transferable right or
assami uses the holding for a purpose other than agriculture, horticulture or animal husbandary
which includes pisciculture and poultry farming, it shall be recorded in the remarks column.
Khasra itself is not a record-of-rights but is the foundation of the record-of-rights and the
source of all agricultural statistics. It contains all agricultural facts, such as crops, irrigation, eft:,
and also all facts required for the preparation of the Khatauni, such as, names of tenure-holders.
Its correct preparation is, therefore, of the utmost importance. Para A-55 of the Land Records
57
Manual provides that ―in order to maintain the map and Khasra, the lekhpal shall make three
field inspections of every village in his halka‖.
6. List of Boundary Marks—This paper is not separately maintained. It is attached to the
khasra. This paper consists of boundary and survey marks. It helps in deciding the boundary
disputes. It should be treated as a part of the khasra.
Khatauni-ltis to be noted that word ―Khatauni‖: occur nowhere in the U.P. Land Revenue
Act. But the ―Annual Register‖ mentioned. U/S. 33 of the Aci is noting but the khatauni. Now
the khatauni is prepared six yearly. The khatauni consists of thirteen columns. The name of
tenure-holder, father‘s name and residence, duration of occupancy, amount of revenue or rent,
etc. are specially mentioned in the khatauni, and which is not found in any other records or
paper.
Khatauni is a register of persons cultivating or otherwise occupying land. It is an amended
edition of record-of-rights. A person using the land for residential purposes must be shown in the
khatauni. Whenever there is any change in the possession of the land whether by succession or.
transfer or otherwise, the change is recorded in the khatauni by way of ―mutation proceedings‖.
In case bhumidhar‘s holding or part thereof is declared by the Assistant Collector incharge
of subdivision U/S. 143 of the U.P. Z.A. and L.R. Act, 1950, to be non-agricultural land, an
entry in respect of the land so declared shall be recorded in columns 7, 8, 9, 10, 11 or 12 of the
khatauniagainst the relevant entries, such entries shall be continued to be recorded from year to
year, if at any time the said declaration is revoked U/S. 144 of the same Act; the particulars of
orders of revocation shall also be entered. In the case of such revocation the entries shall be
omitted from the khatauni of the next and subsequent years.
Where the tenure-holder is a female who has inherited the land from a male U/S. 171 of the
U.P.Z.A.& L.R. Act, the word ―heir-shall be added after the name of the female tenure-holder,
and shall be copied out in the khatauni every year so long as the tenure of such female tenure-
holder continues‖.
Changes in Khatauni:-S.33(3) of the U.P. Land Revenue Act expressly provides that—
―No such change or transaction shall be recorded without the order of Collector or as
hereinafter provided of the Tahsildar or Qanungo‖.
But under Para 153-A of the Land Records Manual, ihflekhpal is authorised to make in his
own initiative in the following two cases—
58
1. Division and union of fields; and

2. Entry of minor‘s age and the name of his guardian.
Sec. 41 of the U.P. Land Revenue Code, 2006 provides for KisanBahi.- (1) Every time
when a record of rights (Khatauni) is prepared under this Chapter, the Collector shall as soon as
may be, cause to be supplied to every tenure-holder, a KisanBahi containing such particulars as
may be prescribed. (2) The KisanBahi shall be a consolidated pass-book for all the holdings hold
by a tenure-holder in the district. (3) In the case of a joint holding, it shall be sufficient for the
purpose of this section if the KisanBahi is supplied only to such one or more of the recorded co-
tenure holders as may apply for it. (4) The tenure holder shall be liable to pay such cost for the
KisanBahi and in such manner as may be prescribed. (5) Every person holding a KisanBahi
shall, from time to time, be entitled, without any extra payment, to get the amendments made in
the record of rights (Khatauni) incorporated in his KisanBahi. (6) Whenever a bank or other
public financial institution advances loan to a tenure holder on the basis of a representation of the
tenure holder that he is a holder of the holdings recorded in the KisanBahi, it shall endorse the
details of the loan so advanced in the KisanBahi. Only the original KisanBahi and not a duplicate
shall be produced by a tenant holder to such institution for the purpose. (7) The tenure holder
shall also submit to such bank or other financial institution an affidavit declaring that he has not
taken any other loan (which remains wholly or partly unpaid) on the security of the holdings
comprised in the KisanBahi nor has he transferred the holding or any share therein to any person
in any other manner whatsoever. (8) Any tenure holder who in such an affidavit makes any
statement which is false and which he either knows or believes to be false or does not believe to
be true, shall be punished with imprisonment of either description for a term which may extent to
three years and shall also be liable to fine. (9) Such bank or other financial institution shall also
endorse the final repayment of the loan on the KisanBahi
Q. 16. Can a bhumidhar with transferable rights by will bequeath his holding or any
part thereof. If such bhumidhar belongs to a scheduled tribe, what is the position.
Ans. Right of a bhumidhar with transferable rights to bequeath his holding under
Section 107 of the U.P.Land Revenue Code 2006 (1) Subject to the provisions of sub-section
(2), a bhumidhar with transferable rights may bequeath his interest in any holding by will.
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(2) In relation to a bhumidhar with transferable rights belonging to a schedulted caste or

scheduled tribe, the provisions of Sections 98 and 99 shall apply to the making of bequests as
they apply to transfer during life time.
(3) Every will made under this section shall, notwithstanding anthing contained in any law,
custom or usage, be in writing and attested by two witnesses and registered.
(4) No bhumidhar with non-transferable rights or asami shall have the right to bequeath his
interest in any holding by will. (5) A bequest made in contravention of the provisions of this
section shall be void.
Succession is subject to Will: Where a bhumidhar with transferable rights dies by making
a valid Will, his holding shall devolve in accordance with the provisions of Will, and not in
accordance with the provisions contained under Section 108 to 1115. The testator may give to
legatee a limited or life interest. When under a will legatee gets only life-interest, then on the
death of such legatee the holding shall be devolved on the persons specified in the will.
Restrictions: On the power of a bhumidhar with transferable rights to make a will
procedural as well as substantive restrictions are imposed. The procedural is that the will must be
in writing and attested by two witnesses. The substantive restriction is that —
(i) A bhumidhar with transferable rights belonging to Scheduled Caste cannot, without
the previous approval of the collector, make a will in favour of non-scheduled caste.
(ii) A bhumidhar with transferable rights belonging to Scheduled Tribe cannot make a will
in favour of a non-Scheduled Tribe.
Q. 17(a). Who is the Preferential heir in the following cases?
(a) A male bhumidhar dies leaving his widow, his father and a daughter. The widow
also dies after a year leaving her father-in-law and daughter.
Ans. With effect from 2004 Amendment, widow and unmarried daughter are in First
Category. Thus widow and daughter shall be preferred over father who is in II Category.
But after the death of the widow, her share will also devolve upon the daughter because she
is an heir of the widow also.
(b) A male bhimidhar dies leaving his widow, his father and daughter.
Ans. In the above given problem widow and daughter shall be preferential heir because
they are placed at upper footing whereas father is placed at lower footing according to Section
171, as per Amendment Act, 2004.
60
(c) A female bhumidhar holding in her own rights dies leaving her husband and
uterine brother.
Ans.The husband alone will succeed, because he is in the second category in order of
preference enumerated in Section 174 whereas the brother is in the seventh.
(d) An Asami female dies and leaves behind husband, son and daughter.
Ans.In the above question the son alone will inherit the estate because according to Section
17A son is in the First Category whereas husband and daughter are in Second and Third
Category, respectively.
Q.18. Explain the Provision of Land-Reforms Act relating to mutation on the death
of a tenure holder. What is the procedure if succession or transfer is disputed?
Ans. Mutation means change. Mutation is popularly known as Dakhil-Kharij.
Whenever there is a change in the possession of land, the Dakhil-kharij proceeding is
started. The name of one person is struck off from the Annual Register (Khatauai),‘and the name
of other person or persons is entered in his place.
Nature of mutation proceeding: The mutation proceeding starts whenever there is change
in the possession of the land. The change in the possession may occur in two ways:
1. by succession, or
2. by transfer
1. Mutation on ground of Succession: Sec. 33 of Land Revenue Code.2006, Mutation in
cases of succession .- (1) Every person obtaining possession of any land by succession shall
submit report of such succession to the Revenue Inspector of the circle in which the land is
situate in such form as may be prescribed. (2) On receipt of a report under sub-section (1) or on
facts otherwise coming to his knowledge, the Revenue Inspector shall- (a) if a case is not
disputed, record such succession in the record of rights (Khatauni); (b) in any other case, make
such inquiry as may appear to him to be necessary and submit his report to the Tahsidar; (c) Any
person whose name has not been recorded by Revenue Inspector or is aggrieved by the order
passed by the Revenue Inspector under clause (a) or (b) may move an application before
Tahsidar. (3) The provisions of this section shall mutatis mutandis apply to ever person admitted
as a Bhumidhar with non-transferable rights or as an asami by the BhumiPrabandhakSamiti in
accordance with the provisions of this Code or any enactment repealed by it.
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2. Mutation on ground of Transfer: Sec. 35 of the UP land Revenue Code 2006,

Mutation in cases of transfer.- (1) On the receipt of a report under Section 33 or Section 34,
succession or upon facts otherwise coming to his knowledge, the Tahsildar shall issue a
proclamation and make such inquiry as appears and- (a) if the case is not disputed, he shall direct
the record of rights (Khatauni) to be amended accordingly; (b) if the case is disputed, he shall
settle the same, as far as may be, be conciliation between the parties, and pass orders
accordingly; and (c)if the dispute is not settled by conciliation, he shall decide the dispute and
direct the record of rights (Khatauni) to be amended accordingly. (2) Any person aggrieved by an
order of the Tahsildar under sub-section (1) may prefer an appeal to the Sub-Divisional Officer
within a period of thirty days from the date of such order, and any person aggrieved by the order
of Sub-Divisional Officer may prefer the second appeal before the Commissioner within thirty
days from that order and the decision of the Commissioner shall be final.
Q. 19 (c). Discuss the Procedure for the ejectment of a Bhumidhar and an Asami.
Ans. Sec. 130 of UP Land Revenue Code 2006 declares that Bhumidhars not to be ejected.-
No bhumidhar shall be liable to ejectment from the land held by him except as provided by or
under this Code.
Sec. 131provides for Suit for ejectment etc. Against asami.- (1) No asami shall be liable
to ejectment from the land held by him, except on the suit of the landholder or Gram Sabha,
which may be filed on one or more of the following grounds, namely ; (a) that the interest of the
asami in the land held by him has extinguished under the provisions of this Code; (b) that the
asami was holding land from year to year or for a period which has already expired or will expire
before the end of the current agricultural year; (c) that the asami is using the land for any purpose
not permitted by Section 84; (d) that the land holder was suffering from any of the disabilities
referred to in sub-section (1) of Section 95 and either his disability has ceased to he wishes to
bring the land under his personal cultivation; (e) that the asami was in arrears of rent for a period
of more than one year and has failed to pay the same to the land holder within a period of thirty
days despite service of a notice of demand; (f) that the asami has transferred the whole or part of
the land held by him in contravention of the provisions of this Code. (2) No notice to quit to the
asami shall be necessary before filing a suit under this section. (3) The land holder may in a suit
for ejectment also claim arrears of rent. (4) A land holder may, without suing for ejectment sue
the asami for arrears of rent.
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Sec. 132 provides for right to crops and trees.-(1) Where in execution of a decree passed
in a suit under Section 131, an asami is ejected, and the Court is satisfied that any ungathered
crops or trees belonging to the judgment-debtor exist on the land, the Court shall,
notwithstanding anything contained in the Code of Civil Procedure, 1908, proceed in the
following manner.- (a) if the amount due from the judgment-debtor is equal to or greater than the
value of such crops or trees, the Court shall deliver the possession of the land with the crops and
trees to the decree holder, and all rights of the judgment-debtor in or upon such crops or trees
shall therefor pass to the decree-holder; (b) if the amount due from the judgment-debtor is less
than the value of such crops or trees, and – (i) the decree-holder pays the difference between
such amount and the value to the judgment –debtor, the Court shall deliver possession of the land
to the decree-holder and all rights of the judgment-debtor in such crops or trees shall therefor
pass to the decree-holder, (ii) the decree-holder does not pay such difference the judgmentdebtor
shall have the right of tending, gathering or removing such crops or trees or fruits of such trees,
until such crops or trees have been gathered r removed or die or are cut down, as the case may
be, paying such compensation for the use and occupation of land as the Court may fix. (2) The
court executing the decree may, on the application of any party, determine the value of the crops
or trees and the compensation payable by the judgment-debtor under the provisions of sub-
section (1).
Sec. 133 -Suit for injunction, compensation etc.- The Gram Sabha, or the land-holder
may, in lieu of suing for ejectment of an asami under Section 131, file a suit in the Court of Sub-
Divisional Officer: (a) for injunction restraining him from putting the land to any unauthorised
use or causing any waster or damage to it; (b) for compensation for such use, waste or damage;
or (c) for repair of the waste or damage caused to the land.
Sec. 134- Ejectment of persons occupying land without title.- (1) Where a person takes
or retains possession of any land forming part of the holding of any bhumidhar or asami
otherwise than in accordance with the provisions of the law for the time being in force and
without the consent of the such bhumidhar or asami, such person shall be liable to ejectment on
the suit of the bhumidhar or asami concerned, and shall also be liable to pay damages at the rate
prescribed. (2) To every suit relating to any land referred to in sub-section (1), the State
Government and Gram Sabha shall be impleaded as necessary parties.
63
Sec. 135- Consequences of failure to file suit under Section 134.- If a suit for ejectment
from any land under sub-section (1) of Section 134 is not instituted by a bhumidhar or asami, or
if a decree for ejectment obtained in any such suit is not executed within the period of limitation
provided for the institution of such suit or for execution of such decree, as the case may be, the
following consequences shall, with effect from the date of expiry of such period, ensue, namely :
(a) where the land forms part ofthe holding of a bhumidhar with transferable rights, the person
taking or retaining possession shall become bhumidhar with non-transferable rights and shall be
liable to pay land revenue therefor at double the pre-existing rates ; (b) where the land forms part
of the holding of a bhumidhar with nontransferable rights, the person taking or retaining
possession shall become like bhumidhar with non-transferable right and shall be liable to pay
land revenue therefor at double the pre-existing rates.
Sec. 136- Ejectment of trespassers of Gram Sabha land.- (1) The SubDivisional Officer
may, of his own motion or the application of the Gram Sabha or other local authority, eject any
person taking or retaining possession of any land specified in sub-section (2), if such possession
is in contravention of the provisions of this Code and is without the consent of such Gram Sabha
or the local authority and shall also be liable to pay damages at the rates prescribed. (2) The
provisions of sub-section (1) shall apply to the following categories of land, namely- (a) any land
entrusted or deemed to be entrusted to any Gram Sabha or local authority under the provisions of
this Code or any other law for the time being in force; (b) any land over which a Gram Sabha or
local authority is entitled to take possession under the provisions of this Code; (c) any land which
belongs to or is owned or held by a Gram Sabha or local authority; (d) that the asami is holding
land specified in clause (d) or clause (e) of Section 77 and that the cultivation of crops in such
land has become impossible; (e) that the asami was admitted to the land under clause (b) of
Section 125 of the Gram Sabha proposes to use it for a public purpose. (3) No person shall be
evicted from any land under this section unless adequate opportunity to show cause has been
afforded to him. (4) In evicting a person under this section, the Sub-Divisional Officer may use
or cause to be used such force as may be necessary. Explanation.- For the purposes of this
section, the word ‗land‘ includes trees and improvements existing on such land.
Sec.137- Remedies for wrongful ejectment.- (1) An asami ejected for apprehending
ejectment from or prevented from obtatining possession of any land otherwise than in
accordance with the provisos of any law for the time beign in force, may sue the person so
64
ejecting him, trying to eject him or keeping him out of possession- (i) for possession of the land;
(ii) for compensation for wrongful dispossession; or (2) When a decree is passed for
compensation for wrongful dispossession but not for possession, the compensation awarded shall
be for the whole period during which the asami was entitled to remain in possession.
Q. What do you mean by declaratory suit?
Ans. Sec.144. of the Code provides for Declaratory suits by tenure holders.- (1) Any
person claiming to be a bhumidhar or asami of any holding or part thereof, whether exclusively
or jointly with any other person, may sue for a declaration of his rights in such holding or part.
(2) In every suit under sub-section (1) instituted by or on behalf of- (a) a bhumidhar, the State
and the Gram Sabha shall be necessary parties; (b) an asami, the land-holder shall be a necessary
party.
Sec.145. Declaratory suit by Gram Sabha.- Notwithstanding anything to the contrary
contained in Section 34 of the Specific Relief Act, 1963, the Gram Sabha may institute a suit
against any person claiming to be entitled to any right in any land for the declaration of the right
of such person in such land, and the Court may, in its discretion make a declaration of the right
of such person, and the Gram Saabaa need no in such suit ask for any further relief.
Sec.146. Provision for injunction.- If in the course of a suit under Section 144 or 145, it is
proved by affidavit or otherwise- (a) that any property, trees or crops standing on the land in
dispute is in danger of being wasted, damaged or alienated by any party to the suit; or (b) that
any property to the suit threatens or intends to remove or dispose of the said property, trees or
crops in order to defeat the ends of justice, the Court may grant a temporary injunction, and
where necessary, also appoint a receiver.
Q.19 (d). What is a co-operative farming society? How is it established? What are the
advantages of co-operative farming society?
Ans. Co-operative farming society means a farming society constituted by ten or more
persons for the purpose of joint farming. This society is formed and registered under the U.P.
Co-operative Societies Act, 1965 or under the Co•operative Societies Act 1912. The objects of
the co-operative fanning society are to encourage thrift, self-help and co-operative spirit and to
promote economic, social and cultural interest of its members, more particularly to arrange for
the irrigation, joint cultivation and joint management of the land and practise farming on Modem
and Scientific lines for increased and economic production.
65
The law of Co-operative farming has been contained in chapter XI (Section 79-90) of the
UP Co-operative Societies Act, 1965.
Establishment of Co-operative farming Society
Registration of Co-operation farming society (Sections 77 & 78)
1. Who can form a society: Any ten or more persons:-
(a) holdingbhumidhari with transferable or non-transferable rights in lands in a Gram
Sabha and desiring to pool it, or
(b) intending together to obtain, in the name of the society land in Gram-Sabha, by
purchase, lease or otherwise.
Before the Commencement of the U.P. Co-operative Societies Act, 1965, only those
persons could form a co-operative-farming society who had bhumidhari (or Sirdari) land, but
now such persons can also form a co-operative farming society who have not any bhumidhari
land. The requirement of land being in one Gram Sabha may be relaxed by the Registrar in the
circumstances of any particular case.
Original members of the Society must be:-
(i) over 18 years of age;
(ii) of Sound mind; and
(iii) should not be disqualified from making contracts.
An application for the registration of the co-operative farming society shall be made to the
Registrar of the Co-operative Societies.
Advantages, Concession and Facilities for Co-operative Farming Society (Sec. 87):
1. Reduction in land revenue.
2. Reduction in irrigation charges.
3. Reduction in taxes by local bodies.
4. Reduction in Sales-tax on the purchase of Diesel oil, Petrol and Mobile oil for
agricultural purposes.
5. Priority in the grant of taqavi.
6. Priority in the construction of irrigation and other projects by the State Government.
7. Priority in the Supply of water for irrigation, seeds, manures, fertilisers and other articles
necessary for farm production.
8. Priority in the marketing of farm produce.
66
Q. 20 (a) . Explain in brief the objects, short title, extent and application of the U.P.
Imposition of Ceiling on Land Holdings Act, 1960.
Or
What are the salient features of the U.P. Imposition of Ceiling on Land Holding Act,
1960.
Ans.Object of U.P. Imposition of Ceiling on Land Holdings Act, 1960- As the title of
the Act, i.e., ―Imposition of Ceiling on Land Holdings‖ shows it is an Act to provide for the
imposition of ceiling on land holdings in Uttar Pradesh and certain other matters connected
therewith.
Whereas it is necessary in the interest of the community to ensure increased agricultural
production and to provide land for landless agricultural labourers and for other public purposes
as best to subserve the common good;
And whereas a more equitable distribution of land is essential: And, therefore, it is
expedient to provide for the imposition of ceiling on land holdings in Uttar Pradesh for the
aforementioned purposes;
It is hereby enacted in the Eleventh Year of the Republic of India as follows—
Statement of Objects and Reasons to U.P. Act 20 of 1976—
(1) During the course of implementation of the Uttar Pradesh Imposition of Ceiling on
Land Holdings Act, 1960, in the past two years, certain difficulties were experienced which
required to be removed. Besides, the Government of India also desired that some of the
provisions of the Act may be amended in order to bring them at par with the National guidelines.
(2) Under the circumstances, it was cqnsidered necessary to amend the provisions of the
aforesaid Act. Since the State Legislature was not in session, an Ordinance (No. 31 of 1975) was
promulgated on October 10, 1975. The salient features of the said Ordinance are as follows—
(a) Guava groves have been trdated as ordinary land for purposes of determination
of ceiling and not as groves.
(b) Transfer of land during the continuance of ceiling proceedings under the Act has been
prohibited.
(c) Transfer of any land belonging to any exempted category will require the permission
of the State Government.
67
(d) It has been made obligatory for the tenure-holders mentioned in sub-section (2-A) of
S.9 to furnish the details of land held, acquired and disposed of by them as well as by the
members of their family after January 24, 1971.
(e) The procedure regarding taking of possession of surplus land by the Collector has been
simplified.
(f) The tenure-holders who continue to occupy the surplus land have been made liable to
pay to tiie State Government damages for use and occupation of such land at the rate to be
prescribed.
(g) Failure to submit a statement, document or inibrmation, or submission of a false
statement, document or information has been made punishable both with fine and imprisonment
up to two years. Occupation of any surplus land without lawful authority has also been made
punishable under the Act.
(3) In the meantime President‘s Rule was imposed in the State on November 30, 1975, and
on account of the commencement of the Session of Parliament on January 5, 1976, the aforesaid
Ordinance would have been ceased to operate after February 16, 1976. The said Ordinance was,
therefore, repealed and replaced by the Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Ordinance, 1976 (U.P. Ordinance No. 11 of 1976), promulgated on February 16,
1976.
(4) The Bill is being introduced to replace the said Ordinance No. 11 of 1976.
Statement of Objects and Reasons to U.P. Act No. 56 of 1976—According to the
existing provisions of S.I4(1) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960,
the Prescribed Authority notifies in official gazette the land declared surplus U/S. 11, 12 or 13,
as the case may be, and it is only after the publication of such notification that the surplus land
vests in the State Government. Thereafter, the Collector takes possession of surplus land. The
publication of such notification in the Gazette normally takes a long time, with the result
that.there is always a long gap between declaration of land as surplus and the transfer of its
actual possession. To eliminate this gap it has been decided that S. 14 of the Act may be
amended in such a way that notification in the Gazette may no longer be a necessary
precondition for taking over possession of declared surplus land.
2. Accordingly the Uttar Pradesh Imposition of Ceiling on Land Holdings (Second
Amendment) Bill, 1976, is being introduced and passed.
68
It may be noted that the Statement of Objects and Reasojns is certainly not admissible as an
aid to the construction of a statute, State of West Bengal Vs.SubodhGopal, AIR 1954 SC 92 at
pp. 104, 105.
But for the limited purpose, the Statement of Objects and Reasons is reproduced below for
reference:
―With a view to provide for more equitable distribution of land by making the same
available to the extent possible to landless agricultural labourers and to provide for cultivation on
co-operative basis and to conserve part of the available resources in land so as to increase the
production and preserve stock of foodgrains against lean years by carrying on cultivation on
scientific lines in State-owned farms, it is expedient to impose ceiling on existing large land
holdings. It is also necessary to provide some land to the village communities for their common
needs, such as establishment of fuel and fodder reserves. The Bill is, therefore, being introduced
to promote the economic interest of the weaker section of community and to subserve the
common good‖.
The aim and object of the Act is, therefore, purely in consonance with the spirit of directive
principles laid down by the Constitution.
Short Title, Extent and Commencement—According to S.l
(l) this Act may be tailed the Uttar Pradesh Imposition of Ceiling on Land Holdings Act,
1960.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force at once except in the areas mentioned U/S.2, where it shall
come into force from such date and in such manner as may be notified under that section, and
different dates may be appointed for different areas.
Application of the Act to Certain Areas with Exceptions or Modifications—According
to S.2, the State Government may, ty notification in the Official Gazette, apply the provisions of
this Act, subject to such exceptions or modifications, not affecting the substance, as the
circumstances of the case may require, to the areas mentioned below—
(i) The urban areas to which the Uttar Pradesh Urban Areas Zamindari Abolition and Land
Reforms Act, 1950, extends;
(ii) The (Kumaon and Garhwal Divisions) except the Hashipur Sub-division and such areas
of Tarai Sub-division where no intermediaries exist; and
69
(iii) The Pargana of Jaunsar-Bawar in the Dehra Dun district,

Q. 20 (b) .Explain the penal provisions as provided under U.P. Imposition of Ceiling
on Land Holdings Act, I960. Or
What penalties can be levied on the persons, officers of Companies and Co-operative
Society?
Ans. Penal Provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960—The
penal provision of the above Act are as under:—According to S.35(l), ―whoever—
(a) Fails to submit a statement as required under sub-section (2) or sub-section (2-A) of S.9,
or sub-section (1) of S.30, or to furnish as affidavit under sub-section (1) of S.38-A; Or
(b) Makes or submits a statement or furnishes any information in a document referred to in
clause (a) which is false and which he has reason to believe to be false; Or
(c) Otherwise contravenes any order passed under this Act; Or
(d) Obstructs any person from taking possession of any land in accordance with the
provisions of this Act; or
(e) Transfers any land in contravention of sub-section (8) of S.5, or sub-section (2) of S.6;
shall be punishable with imprisonment which may extend to two years or with fine or with both.
(2) Where the Collector has taken possession of any surplus land of S. 14 and any person
theieafter occupies such land or any part thereof without any lawful authority, such person shall
be punishable with imprisonment for a term which may extend to three years or with fine or with
both.
(3) Any court convicting a person under sub-section (2) may make an order for evicting the
person summarily from such land, and such person shall be liable to such eviction
without.prejudice to any other action that may be taken against him under any law for the time
being in force.
(4) Without prejudice to the provisions of sub-sections (2) and (3), the Collector may re-
take possession of such land and may for that purpose use or cause to be used such force as may
be necessary for evicting any person found in occupation thereof:
Cognizance of Offences—According to S.35(A), no court shall take cognizance of any
offence punishable under this Act except with the previous sanction of the State Government, or
an officer authorised by the State Government.
70
Offences by Companies and Co-operative Society-According to S.36, (1), if the person

committing any offence under this Act is a company, every person who at the time the offence
was committed was incharge of, and was responsible to, the company for the conduct of its
.business, as well as the company shall be deemed to be guilty of the offence and shall be liable
to be punished.U/S. 35.
Provided that nothing contained in this sub-section shall render any such person liable to
any punishment if he proved that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in this sub-section (1) where an offence under this
Act has been committed by a company and it is proved that the offence has been committed with
the consent or conivance of, or is attributable to any neglect on the part ,of any director or
manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be punished.
Explanation—For the purposes of this section—
(a) ―Company‖ means any body corporate and includes a cooperative society or a firm or
other association of individuals; and
(b) ―Director‖ in relation to a firm means a partner in the firm.
Q. 20 (c).Write short notes on the following—
(i) Gaon Fund; (iii) Consolidated Gaon Fund.
Ans. (i) Gaon Fund
(ii) Gaon Fund–According to S.32 of U.P. PanchayatRaj Act, there shall be a Gaon Fund
for each GaonSabha. All sums received by the GaonSabha, GaonPanchayat or the Land
Management Committee shall be credited to the Gaon Fund. The following shall be credited to
the Gaon Fund—
(1) The proceeds of any tax imposed under U.P. Panchayat Raj Act.
(2) All sums handed over by the State Government to the GaonSabha.
(3) Sums contributed to the Gaon Fund by the ZilaParishad or other local authority.
(4) The sale-proceeds of all dust, dirt, dung or refuse collected by the servants of the
GaonPanchayat.
(5) Sums received as Tehbajari from hats, bazars and melas.
(6) Sums received from the grant of theka to take fish from ponds, tanks and fisheries.
71
(7) All sums received by way of loan or gift.

(8) All other sums as may be assigned to the Gaon Fund by any special or general order of
the State Government.
It is to be noted that the administration of the Gaon Fund shall be in the hands of L. M. C,
subject to the general control of the Tahsildar. The account of all income and expenditure of the
Gaon Fund shall be maintained by the Chairman of the Land Management Committee in a Cash
Book. The Chairman may at any one time hold a sum not exceeding Rs. 50 to- meet petty and
emergent expenses. The cash balance of the Gaon Fund shall be kept in the State Sub-treasury at
the Tahsil headquarter. Money shall not be paid by the Tahsildar from the Gaon Fund except on
requisition for withdrawal signed by the Chairman or any Member of the Land authorised in this
behalf (Vide Rule 12).
Sec.68. of U.P. Land Revenue Code, 2006 also provides for Gram Fund as under-
(1) All sums received under this Code by a Gram Sabha, Gram Panchayat or a
BhumiPrabandhakSamiti shall be credited to the Gram Fund; Provided that the amount of
damages or compensation recovered under Section 67 shall be credited to the Consolidated Gram
Fund.
(2) The Gram Fund constituted under the enactments repealed by this Code and subsisting
immediately before the commencement of such Code shall be deemed to have been constituted
under this section.
(3) The Gram Fund shall be operated in such manner and shall be applied for such purposes
as may be prescribed.
(ii) Consolidated Gaon Fund– Sec. 69. Consolidated Gram Fund-(1) There shall be
established for each district, a Consolidated gram fund to which the following amounts shall be
credited, namely- (a) The amount referred to in the proviso to sub-section (1)of section 68: (b)
All contribution received by the collector under subsection (2): (c) Such other amount as may be
prescribed. (2) Every Gram Sabha in a district shall pay to the Collector annually such
percentage, not exceeding twenty five, as the State Government may from time to time notify, of
the total amount credited to the Gram Fund under Section 67 in the manner prescribed. (3) The
consolidated gram fund shall be operated by the collector and may be applied for the following
purpose namely- (a) the payment of fees and allowances if any of the layers appointed under
section 72; (b) the payment of expenses incurred in connection with the conduct and prosecution
72
of suit applications or other proceedings by or against the gram sabha or the

BhumiPrabandhakSamiti under this code; (c) the payment of expenses incurred on the
development of land of common utility ;and (d) the payment of any other sum which the state
government may by general or special order declare to be an appropriate charge on such fund.
(4) The Consolidated Gram Funds constituted under any of the enactments repealed by this code
and subsisting immediately before its commencement shall be deemed to have been constituted
under this section.
73

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LAND LAWS

Reliable Institute of Law

U.P. Revenue Code,

1. Division and Constitution of U.P… .................................................................... 02-10

Q . State briefly, in broad outlines the important features of the U. P. Zamindari

1. Abolition of Zamindari system. — The present Act abolishes the Zamindari

Generally speaking, intermediaries became Bhumidhars in respect of their Sirs, Khudkasht

(6) Occupant of vacant land.

2. ‗BhumiPrabandhakSamiti‘- BhumiPrabandhakSamiti means a

Sec. 86. Extinction of interest of bhumidhar with non-transferable rights or asami-

Sec.91. Restriction on transfer of mortgage.- No bhumidhar shall have right to mortgage

Sec.101. Exchange.-(1) No bhumidhar shall without prior permission in writing of the

Q.12. Define surrender and abandonment and distinguish between them.

Q.13. Distinguish between the following:

Khatauni or Annual register

1. Division and union of fields; and

(2) In relation to a bhumidhar with transferable rights belonging to a schedulted caste or

2. Mutation on ground of Transfer: Sec. 35 of the UP land Revenue Code 2006,

(iii) The Pargana of Jaunsar-Bawar in the Dehra Dun district,

Offences by Companies and Co-operative Society-According to S.36, (1), if the person

(7) All sums received by way of loan or gift.

of suit applications or other proceedings by or against the gram sabha or the

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