Madhya Pradesh Land

Revenue Code 1959

 Bare Act Basics

 Sections 264
 Chapters 19
 Assent of President 15th September 1959
 Enforcement date 2nd October 1959
 Published in official 21st Sept 1959
Gazette
 Preamble

 Preamble Consolidate & Amend the law relating to land

revenue , the powers of Revenue Officers ,rights
and liabilities of holders of land from the State
Government.
 Important Amendments

2018 2019
 Asst of Governor  Asst of Governor
23/07/2018 7/02/2020
 Published in Gazette  Published in Gazette
27/07/2018 12/02/2020
 Came into Force  Came into Force
25/09/2018 12/02/2020
 Chapter 1 -Preliminary

Sec 1- Short title, extent and commencement. -

Madhya Pradesh Land Revenue Code, 1959
It extends to the whole of Madhya Pradesh
Excluding-
area constituted as reserved or protected forest under the Indian Forest Act, 1927
2(k) "land" means a portion of the

earth's surface whether or not under water

And

deemed to include all things attached to or permanently fastened to any thing attached to such
land;
 Why Land Revenue?

57. State ownership in all lands. -

All lands belong to the State Government
all lands, including standing and flowing water, mines, quarries, minerals
and forests reserved or not, and all rights in the sub-soil of any land are
the property of the State Government
58. Liability of land to payment of land revenue. -
except wholly or partially exempted

58A. Exemption from payment of land revenue. -

any holding up to two hectares used exclusively for the purpose of agriculture holding" means the sum of
lands held individually and jointly in the entire State.

59. Land revenue according to purpose for which land is used. -

(a) for the purpose of agriculture including any improvement made thereon;
(b) for the purpose of dwelling houses;
(c) for educational purpose;
(d) for commercial purpose;
(e) for industrial purpose including the purpose of mines and minerals;
(f) notified by the State Government.
6) The Bhumiswami shall give a written intimation of diversion to the Sub- Divisional
officer
7) The difference shall be paid or refunded within 60 days

9) If fails S.D.O. may impose penalty 50% off total amount payable

59A. Assessment when to take effect. - The date on which the diversion was made.

60. Assessment of un-assessed land. - Assessment shall be made by the Collector in

accordance with rules in the Code.
 Sec 2- Definitions

 (a) "abadi"
area reserved in a village
for the residence of the inhabitants thereof
"village site" or "gaonsthan"
Related Sections
70. Determination of abadi of village. - The District Survey Officer
244. Disposal of abadi sites. - Tahsildar.
243. Abadi. -If area insufficient in the opinion of the Collector, he may reserve
further area from the unoccupied land in the village.

(2) Where unoccupied land is not available, the State Government may acquire
any land for the extension of abadi.

(3) The provisions of [The Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of
2013)], shall apply to such acquisition and compensation shall be payable
(b) “Agriculture" includes -
(i) the raising of annual or periodical crops including betel leaves (Pan) and waternuts
(singhara) and garden produce;

(ii) horticulture (practice of garden cultivation and management.)

(iii) the planting and upkeep of orchards; and
(iv) the reserving of land for fodder, grazing or thatching grass;
(v) the use of land for poultry, fisheries or animal husbandry in an area situated more than
five kilometres away from the periphery of urban areas
(c) "agricultural year" means the year commencing on the first day of
July or such other date as the State Government may, by
notification, appoint;

(d) "Board" means the Board of Revenue constituted under Section 3;

 CHAPTER-II
Board of Revenue ( 3 to 10)

3. Constitution of Board of Revenue. -

(1)President and two or more other members as the State may, appoint.

4. Principal seat and other places of sittings of Board of Revenue. -Gwalior.

Other Places- Rewa , Indore, Jawalpur.
5. Conditions of service of members of Board

Qualification
(a) Who is eligible for appointment as a Judge of the High Court; or

(b) has been a Revenue Officer, and has held, for at least five years, an office not lower in rank than that of a
Collector.
6. Salaries and allowances. -
State Government and charged on the consolidated fund of the State.

8. Powers of Superintendence of Board.

Over all authorities
(e) "bonafide agriculturist" means a person who cultivates land personally
or
who may reasonably be expected to cultivate personally

(z-2) "to cultivate personally" means to cultivate on one's own account-

(i) by one's own labour; or
(ii) by the labour of any member of one's family; or
(iii) by servants on wages payable in cash or kind but not in crop share; or
(iv) by hired labour under one's personal supervision or the personal supervision of any member
of one's family
Sec. 2 l explanation-
family of a person shall be deemed to consist of his spouse, issue and parents.
(h) "Government lessee" means a person holding land from the State Government under Section
181

181. Government lessees.

(1) Every person who holds land from the State Government or to whom a right to occupy land is
granted by the State Government or Collector and who is not entitled to hold land as a
bhumiswami shall be called a Government lessee in respect of such land.

181A. Person having Free hold right shall be Bhumiswami.

182. Rights and liabilities of a Government lessee. -
Govt Lessee May be ejected from his land by order of [the Collector] on following grounds,
namely :-
(i) failed to pay the rent for a period of three months from the date on which it became due; or
(ii) he has used such land for purposes other than granted; or
(iii) term expired
(iv) that he has contravened any of the terms and conditions of the grant.
(i) "holding" means a parcel of land separately assessed to land revenue and held under a tenure

What is not improvement?

2 (j) Improvement
does not includes-

(a) temporary works, or

(b) any work which substantially diminishes the value of any land.

2m"land records" means records maintained under the provisions of this Code
114. Land records. - for village, namely :-

(a) village map, abadi map and block map under section 107
(b) record of rights under section 108
(c) village khasra or village field book
(d) Bhoo-Adhikar Pustika sec 114-A
(e) (i) details of all unoccupied land under section 233
(ii) Nistar Patrak under section 234
(iii) Wajib-ul-arz, if any, under section 242
(f) details of diverted land and
(g) any other record as prescribed.
For urban area, namely :—
(a) sector map under section 107
(b) record of rights under section 108
(c) sector khasra or sector field book in such Form as may be prescribed
(d) Bhoo-Adhikar Pustika under section 114-A
(e) (i) details of all unoccupied land under section 233
(ii) land reserved for public purposes under section 233-A
(f) details of diverted land and
(g) any other record as may be prescribed.
115. Correction of wrong or incorrect entry in land record. - (1) A Sub-Divisional Officer may,
correct any wrong or incorrect entry including an unauthorised entry in the land records
AND
no action shall be initiated for correction of any entry pertaining to a period prior to five years
without the sanction in writing of the Collector.
(m-1) "land revenue" means all
moneys payable to the State Government
for holding land
and includes premium, rent, lease money, quit rent or any other cognate variation of these
expression.
Portion to be covered( 57 to 60 ).
(o) "mango grove"
preclude the land from being used for any purpose other than planting of trees
(oa) "market Value"
Who decides Collector under the Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka
Banaya Jana Tatha. Unka Punrikshan Niyam, 2000 made under the Indian Stamp Act, 1899
(No. 2 of 1899);]
(p) "orchard“

(t) "rents"paid or is payable in

money or in kind-
(i) by a lessee to his bhumiswami
or
(ii) by a Government lessee to the Government
 2(u)

 Revenue Officer- Mentioned u/s 11

 11. Revenue Officers. - There shall be the following classes of the Revenue officers, namely :-
 Principal Revenue Commissioner- STATE GOVT-(13-B)
 Commissioner- STATE GOVT-(14)- A COMMISSIONER
 Additional Commissioner STATE GOVT-(15) ONE OR MORE
 Commissioner Land Records- State Government S 62-manage the land survey and the land
records.
 Additional Commissioner Land Records S63- state Govt-one or more
 Collector- STATE GOVT-(16) A COLLECTOR
 Additional Collector- STATE GOVT-(17) ONE OR MORE
 District Survey Officer-S 65-the Collector of a district shall be the District Survey Officer
 Sub Divisional Officer- Sec 22- The Collector may place any Assistant Collector or Joint
Collector or Deputy Collector to be in charge of one or more sub-divisions
 Deputy Survey Officer S65- the Sub-Divisional Officer of a sub-division shall be the Deputy
Survey Officer for his sub-division
 Assistant Collector STATE GOVT-(18)
 Joint Collector STATE GOVT-(18)
 Deputy Collector STATE GOVT-(19)
 Tahsildar STATE GOVT-(19)
A collector may place a tahsildar as in charge of a tahsil
 Additional Tahsildar STATE GOVT-(18)
 Asst. Survey Officer-S65-the Tahsildar, Additional Tahsildar or Naib Tahsildar shall be Assistant
Survey Officer within their respective jurisdiction
 Superintendent of Land Records STATE GOVT-(20)
 Naib Tahsildar STATE GOVT-(19)
 Asst. Superintendent of Land Records STATE GOVT-(20)
12. Control over Revenue Officers. -
(1) All Revenue Officers shall be subordinate to the State Government.
(2) All Revenue Officers in a Division shall be subordinate to the Commissioner.
(3) All Revenue Officers in a district shall be subordinate to the Collector.
 Procedure of Revenue officers and
Revenue Courts

27. Place of holding enquiries. - Within the local limits of his

jurisdiction.[Provided that Sub-Divisional Officer may enquire into, or
hear, any case at any place within the district.
28. Power to enter upon and survey land.
29. Power to transfer cases- Board and commissioner for ends of justice
30. Power to transfer cases to and from subordinates. A Commissioner, a
Collector, a Sub-Divisional Officer, or a Tahsildar may make over
31. 32. Inherent power of Revenue Courts. - ends of justice or to prevent
the abuse of the process o
34. Compelling attendance of witness. - If any person on whom a summons to attend as
witness or to produce any document has been served fails to comply with the summons, the
officer by whom the summons has been, issued under Section 33 may -
(a) issue a bailable warrant of arrest
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding rupees 1000 (one thousand).

But cannot Attach his property.

35. Hearing in absence of party. -

(3) The party against whom any order is passed ex parte may apply within thirty days from the
date of such order or knowledge to set it aside
(4) If application is rejected Appeal

36. Adjournment of hearing. -

Each party not more than 3 adjournments .

37. Power to award costs. - As he thinks fit.

But fees of a legal practitioner shall not be allowed as cost.
42. Orders of Revenue Officer when reversible by reason of error or irregularity. - No order of revenue
officer shall be reversed or altered in appeal or revision except- failure of justice.

43. Code of Civil Procedure to apply when no express provision made in this Code.
 Appeal, Revision, Review

 44. Appeal and appellate authorities. -

Appeal shall lie from every original order
(a) Revenue Officer subordinate to the Sub-Divisional Officer Tahsildar - to
the Sub-Divisional Officer;
(b) subordinate to the Deputy Survey Officer - to the Deputy Survey Officer;
(c) Sub-Divisional Officer, Asst. Joint and Deputy Collector - to the Collector;
(d) Deputy survey officer-District survey officer
(h) if such order is passed by the Commissioner - to the Board.
(2), a second appeal shall lie against every order passed
(a) Collector or the District Survey Officer - to the Commissioner;
(b) by the Commissioner - to the Board.
 Second Appeal
S 44(2)

(a) by the Sub-Divisional Officer or the Deputy Survey Officer or the Collector or the District Survey Officer -
to the Commissioner
(b) by the Commissioner - to the Board.
46. No appeal against certain orders. - Notwithstanding anything contained in section 44, -
(a) no appeal shall lie from an order -
(i) allowing or rejecting an application for condonation of delay
(ii) rejecting an application for review; or
(iii) allowing or rejecting an application for stay
(iv) of an interim nature
47. Limitation of appeals. - The period of limitation for filing first or second appeal shall be
forty-five days from the date of the order appealed against.

50. Revision. -Who has power of Revision under the code-

(a) the Board- from Commissioner;
(b) the Commissioner from Collector or the District Survey Officer
(c) the Collector or the District Survey Officer from subordinate officers
(2) No application for revision shall be entertained -
(a) against an order appealable (b) against any order passed in second appeal under this
Code;
(c) against an order passed in revision
(d) against an order of the Commissioner under section 210;
(e) unless presented within forty-five days from the date of order or its communication to the
party, whichever is later.

51. Review of orders. - (1) The Board or any Revenue Officer may, suo motu or on application
review own order or by any predecessor-in-office. Application of Review to be made within 45
days.
 Land Survey

 61. Definition of land survey.

 62 Who is appointed to manage the land survey and the land records?
Commissioner Land Records
 64. Notification of proposed land survey. - (1) The Commissioner
Land Records may commence land survey in a tahsil area by publishing
a notification in the official Gazette to that effect.
65. District Survey Officer, Deputy Survey Officer and Assistant Survey Officer. - (1) In
respect of the lands under land survey, -
(a) the Collector of a district shall be the District Survey Officer;
(b) the Sub-Divisional Officer -Deputy Survey Officer for his sub-division;
(c) the Tahsildar, Additional Tahsildar or Naib Tahsildar shall be Assistant Survey Officer within
their respective jurisdiction.
(2) All District Survey Officers shall be subordinate to the Commissioner Land Records.
(3) All Deputy Survey Officer and Assistant Survey Officers in a district shall be subordinate to the
District Survey Officer.
(4) All Assistant Survey Officers in a sub-division shall be subordinate to the Deputy Survey
Officer.
67. Formation of survey numbers, block numbers, plot numbers and their grouping into villages
in non-urban areas or into sectors in urban areas. -

Who performs the above function?

The District Survey Officer

68. Power to re-number or sub-divide or amalgamate survey number, block number and plot
number. - The District Survey Officer
72. Assessment. - The District Survey Officer shall fix the assessment on each holding as per rules
made under sec 59 and 60.

73. All lands liable to assessment.

75. Power of Sub-Divisional Officer to correct errors. After the closure of land
survey
 Chapter 9 Land Records

 104. Formation of Patwari Halkas in non-urban area and formation of

Sectors in urban area and Appointment of patwaris and Nagar
Sarvekshaks.
(2) The Collector shall appoint a patwari to each patwari halka and Nagar
Sarvekshak to each sector.

105. Formation of Revenue Inspector circles in non-urban area.

The Commissioner Land Records

106. Appointment of Revenue Inspectors in non-urban areas.

The Collector
107. Maps of villages, abadi, blocks and sectors. - (1) For each village-
(a)a map shall be prepared showing the boundaries of survey numbers
and block numbers which shall be called
"village map";
(b) a map shall be prepared for abadi which shall be called
"abadi map";
(c) a map shall be prepared for diverted lands and such other particulars
as may be prescribed, which shall be called
"block map".
(2) For each urban area a map shall be prepared of each sector giving
separate survey numbers, block numbers and plot
numbers and such other particulars as may be prescribed,
which shall be called "sector map".
108. Record of rights. - (1) A record of rights shall,
be prepared and maintained for every village and
each sector and shall include :-
(a)the names of all Bhumiswamis together with survey numbers or
plot numbers held by them and purposes for which
they are being used and their area and status of irrigation in case
of land used for agriculture;
(b) the names of all Government lessees
(c) the names of all persons occupying the abadi of the village
109. Acquisition of rights to be reported. -
within six months –
(a) to the Patwari or Tahsildar, in case of land situated in non-urban area;
(b) to the Nagar Sarvekshak or Tahsildar, in case of land situated in urban area :
Explanation 1. The right mentioned above does not include an easement or a charge
(4) Any person neglecting to be liable at the discretion of the Tahsildar, to a penalty not
exceeding five thousand rupees.
110. Mutation of acquisition of right in land records. –

(2) The Patwari or Nagar Sarvekshak shall intimate to the Tahsildar, all such reports within thirty
days of the receipt thereof by him.

(3) On receipt of such intimation the Tahsildar shall within fifteen days, -
(a) register the case
(b) issue a notice to all persons interested and
(c) display a notice on the notice board of his office, and publish it in the concerned village or sector.

(4) The Tahsildar shall, after hearing and inquiry pass orders relating to mutation within thirty days
of registration of case, in case of undisputed matter, and within five months, in case of disputed
matter, and make necessary entry in the village khasra or sector khasra, as the case may be, and in
other land records.
 (5) The Tahsildar shall supply a certified copy of the order
free of cost to the parties within thirty days, thereafter close the case .

(7) All proceedings under this section shall be completed within two months in
respect of undisputed case and within six months in respect of disputed case from
the date of registration of the case.
111. Jurisdiction of Civil Courts.

113. Correction of errors in record of rights Admit. - The Collector

114 studied with 2(m)

114A. Bhoo-Adhikar Pustika. - (1) The Tashildar may provide

to every Bhumiswami
whose name is entered in the khasara
Bhoo-Adhikar Pustika in respect of his all holdings in the village or sector.
(3) A Tahsildar may, correct any wrong or incorrect entry in Bhoo Adhikar Pustika.

115. Correction of wrong or incorrect or unauthorised entry in land record other

than Bhoo-Adhikar Pustika and record of rights - (1) A Sub-Divisional Officer
no action shall be initiated for correction of any entry pertaining
to a period prior to five years without the sanction in writing of the Collector.
117. Presumption as to entries in land records. -correct until the contrary is proved.
(Rebuttable presumption)
 Boundaries and Boundaries Marks,
Survey Marks
 124. Construction of boundary marks of villages, sectors, and
survey numbers or plot numbers.
Boundaries of all villages and sectors shall be fixed and demarcated by
permanent boundary marks.
(4) Every holder of land shall be responsible for the maintenance and
repair of the permanent boundary marks erected thereon.
 125. Disputes regarding boundaries between villages, survey
numbers and plot numbers.shall be decided by the [Tahsildar] after
local inquiry
 126. Ejectment of persons wrongfully in possession.- Tahsildar may
summarily eject
127. Demarcation and maintenance of boundary lines. Every holder at his own cost
affix repair and renew such boundary marks
If he fails then Tahsildar may cause the boundary marks to be affixed or repaired or renewed and
may recover the cost.

128. Enforcement of repair of boundary or survey marks. - (1) The Patwari or Nagar
Sarvekshak shall give written notice to every holder to put boundry marks into proper
repair before the first day of March following.
130. Penalty for destruction, injury or removal of boundary or survey marks.
not exceeding [five thousand] rupees for each mark so destroyed, injured or removed.

131. Rights of way and other private easements.

The Tahsildar may pass an interim order Provided that such interim order shall stand vacated on
the expiry of ninety days from the date of the order unless vacated earlier
133. Removal of obstruction. - (1) If a Tahsildar finds any encroachment or obstruction he may
order remove it.
(2) If such person fails to comply with the order the Tahsildar recover penalty which may extend to
ten thousand rupees.
(3) If any person fails to remove the encroachment or obstruction for more than seven days after the
date of order of removal thereof under subsection (1), the Sub-Divisional Officer shall cause him to
be apprehended and shall send him with a warrant to be confined in a civil prison for a period of
fifteen days in case of first order of removal of encroachment or obstruction and six months in
case of second or subsequent order of removal of encroachment or obstruction :
134. Execution of bond for abstaining from repetition of certain acts.
may be required by the Tahsildar to execute a personal bond for such sum not exceeding five
thousand rupees, as he may deem fit, for abstaining from repetition of such act.

135. Acquisition of land for road, paths, etc. - (1) If, on the application of the villagers or
otherwise, the Collector is, after enquiry satisfied that it is expedient to acquire any land for the
purpose of providing a road not exceeding ten feet in width cart track or path for the use of the
village community in such village he may call upon the residents of the village to deposit the
amount of compensation, payable in respect of such land
(2) Any person claiming any interest in any such land may within period of one year from the
date of vesting under sub-section (1) make an application to the Collector for compensation in
respect of his interest.
(3) The compensation payable in respect of such land shall be fifteen times the land revenue
assessed or assessable thereon.
 Realisation of Land Revenue
137. Land revenue first charge on land.
land and on the rents and profits thereof.
138. Responsibility for payment of land revenue.
a) in a bhumiswami's holding the bhumiswami
b) land leased by the State Government the lessee thereof.
140. Dates on which land revenue falls due and payable.
on the first day of April of that year and shall be paid up to the last day of June of that year

land revenue payable at the time of the commencement of the Madhya Pradesh Land Revenue Code
(Amendment) Act, 2018 shall be paid before the 1st April, 2019
A person may, pay up to ten years land revenue in advance : no rebate to be granted on such advance
payment.
141. Definition of "arrear" and "defaulter".
143. Penal interest on delayed payment of Land revenue.
12% per annum for first twelve months and thereafter
15% per annum.

144. Remission or suspension of land revenue on failure of crops. -

Who can- State Government
 145. Certified account to be evidence as to arrear and defaulter. -
Whose certified account is evidence of arrear and defaulter
the Tahsildar
146. Notice of demand. - (1) A Tahsildar shall cause a
notice of demand to be served on any defaulter before the issue of
any process under section 147 for the recovery of an arrear.
147. Process for recovery of arrear

recovered by a Tahsildar
(a) by attachment and sale of movable property;
(b) by attachment and sale of the holding on which arrear is due
(bb)by attachment of holding on which arrear is due and letting the same
(bbb) Attachment of other agriculture holding and letting the same
c)by attachment and sale of any other immovable property wherever situate belonging to the defaulter

What cannot be attached?

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.
(3) The Sub-Divisional Officer may cause any person committing default in payment of an arrear
of land revenue exceeding rupees fifty lakh to be arrested and shall send him with a warrant to
be confined in a civil prison for a period not exceeding fifteen days unless the arrears are sooner
paid.

(4) Notwithstanding anything contained in sub-section (3), no person shall be arrested or confined
in a civil prison for an arrear of land revenue, where and for so long as such person
(a) is a minor, or a person mentally ill or mentally retarded; and
(b) is exempted under sections 133, 135 or 135-A of the Code of Civil Procedure, 1908 (No. 5
of 1908).
153. Purchaser’s title. - Where immovable property is sold under the provisions of this Chapter
and such sale has become absolute, the property shall be deemed to have vested in the purchaser
from the time when full money as specified in the letter of sale is deposited by the purchaser.
TENURE HOLDER
157. Class of tenure. - There shall be only one class of tenure-holders of
land held from the State to be known as bhumiswami.

158. Bhumiswami.
159. Land revenue payable by bhumiswamis.

161. Reduction of revenue- Who can reduce the land revenue?

The collector

164. Devolution. - Subject to his personal law the interest of

bhumiswami shall, on his death, pass by inheritance, survivorship or
bequest, as the case may be.
165. Rights of transfer. - (1) Subject to the other provisions of this section sec 158(3) and the
provision of Section 168 a bhumiswami may transfer any interest in his land.

(a) no mortgage of any land by a bhumiswami shall hereafter be valid unless atleast five acres of
irrigated or ten acres of unirrigated land is left with him free from any encumbrance or charge

b) No usufructuary mortgage be valid if it is for a period exceeding six years

c) if any mortgagee in possession of the land mortgaged does not hand over possession after the
expiry of the period of the mortgage liable to ejectment by the orders of the Tahsildar as
trespasser
Where a bhumiswami effects a mortgage the total amount of interest under the
mortgage shall not exceed half the sum of the principal
amount advanced by the mortgagee.

(6-a) [the right of a bhumiswami other than a bhumiswami belonging to a tribe which has been
declared to be an aboriginal tribe shall not be transferred or be transferable either by way of sale or
otherwise or as a consequence of transaction of loan to a person not belonging to aboriginal tribe
without the permission of the Collector.
167. Exchange of land. - bhumiswami may exchange by mutual agreement the whole or any part
of their holding for purposes of consolidation of holdings or securing greater convenience in
cultivation

168. Leases. - (1) A Bhumiswami may lease any land comprised in his holding which has been
assessed for the purpose of agriculture under section 59, for any period not exceeding five years
at a time.
(c) any lease given under sub-section (1) for a period exceeding five years shall be deemed to
have been given for a period of five years
173. Relinquishments- Notice of relinquishment by Bhoomiswami “30 days
Before the date of commencement of agriculture year.

178. Partition of holding. - (1) bhumiswami may apply to a Tahsildar for a partition of his
share in the holding :
[Provided that if any question of title is raised the Tahsildar shall stay the proceeding
before him for a period of three months to facilitate the institution of a civil suit for
determination of the question of title.

178A. Partition of land in life time of Bhumiswami.- Tahsildar

180. Restriction on transfer of trees. - (1) The transfer by a bhumiswami of any trees
standing in any land comprised in his holding except the produce of such trees shall be
void unless the land itself is transferred.
SEC 181, 181A, 182
DEALT WITH SEC 2H
 183. Service land. - (1) Any person holding land on the condition of rendering service as a
Kotwar shall cease to be entitled to such land if he diverts such land to non-agricultural
purposes.
 (2) Any right of a Kotwar in the service land shall not he transferred nor be transferable by way
of sale, gift, mortgage, sub-lease or otherwise except by a sub-lease for a period not
exceeding one year.
 (3) If a Kotwar dies, resigns or is lawfully dismissed, the service land shall pass to his
successor-in-office.
Alluvion and Diluvion

 203. Alluvion and diluvion. - (1) Alluvial land formed on any bank shall vest in the
State Government but the Bhumiswami, if any, of the Hand adjoining such bank shall
be entitled to the use of the alluvial land so added to his holding free from the payment
of land revenue till the land survey is undertaken, unless the area added to his holding
exceeds half hectare.
 (2) Where any holding is diminished in area by diluvion to an extent greater than half
hectare, the land revenue payable on such holding shall be reduced.
 Consolidation of Holding

 205. Definitions. - In this Chapter-

(i) "Consolidation of holding" means the redistribution of all or any of the land in a village, so
as to allot to the bhumiswami continuous plots of land for the convenience of cultivation;
(ii) "Consolidation Officer" means a Revenue Officer, not below the rank of a Tahsildar,
appointed by the State Government for any district or districts to exercise the powers, and
to perform the duties of a Consolidation Officer under this Code.
 210. Confirmation of scheme. - The Collector may either confirm the scheme
with or without modification or refuse to confirm it
 Village Officers

 222-231
 Section 222-Appointments of Patel for each village or group of villages.
Collector- Removal – Collector U/S 226
Section 223- Also his remuneration will be fixed by the collector according to the rules made by
the State Government.
Section 224- Duties of Patels- 227 Punishment of Patels- under the order of Tahsildar to a fine
which may extend to Rs 1000.
 Kotwars
230- Appointment of Kotwars
231- Remunerations to kotwars- State Govt to decide.
 Chapter 18

 Rights in Ababdi and unoccupied land and its produce

233-Record of unoccupied land- to be prepared for every village and urban
area
233 A-Who ? Collector
234-Preparation of Nistar Patrak- SUB- DIVISIONAL OFFICER
240. Prohibition of cutting of certain trees in villages - (1) The State
Government may by rules made in this behalf, prohibit or regulate cutting
of trees in villages standing on the land belonging to Bhumiswami or
State Government, if it is satisfied that such prohibition or regulation is in
the public interest or required for preventing erosion of soil.
 242. Wajib-ul-arz. - (1) As soon as may be after this Code comes into
force, the [Sub-Divisional Officer] shall, in the prescribed manner,
ascertain and record the customs in each village in regard to-
(a) the right to irrigation or right of way of other easement;
(b) the right to fishing;
in any land or water not belonging to or controlled or managed by the
State Government or a local authority and such record shall be known as
the Wajib-ul-arz of the village.
 (3) Person aggrieved by any entry made within one year from the date of
the publication institute a suit in a Civil Court to have such entry cancelled
or modified.
 (5) The [Sub-Divisional Officer] may, on the application of any person
interested therein or on his own motion, modify an entry or insert any
new entry in the Wajib-ul-arz on any of the following grounds.

 248. Penalty for unauthorisedly taking possession of land.

may be summarily ejected by order of the Tahsildar and also be liable to
fine with may extend to one lakh rupees and to a further fine which may
extend to Rs 500 in non urban areas and Rs 2000 in urban areas for
every day.
 (2-A) If any person continues in unauthorised occupation or possession of
land for more than seven days after the date of order of ejectment then in
addition to the fine the Sub-Divisional Officer shall cause him to be
apprehended and shall send him with a warrant to be confined in a civil
prison for a period of fifteen days in case of first ejectment and Six
months in case of second or subsequent ejectment.
 250. Reinstatement of Bhumiswami improperly dispossessed. - (1)
The Tahsildar
 (7) Where an order has been passed under sub-section (2) for the
restoration of the possession of land to the Bhumiswami, the opposite
party shall also be liable to fine which may extend to fifty thousand
rupees.
 253. Punishment for contravention of provisions. -
Penalty not exceeding Rs50,000
257. Exclusive jurisdiction of revenue authorities.
258. General rule making power. -State Government
263. Power to remove difficulties.- State Govt.
264. Code not to apply in certain cases. - Nothing contained in this
Code shall apply to a person who holds land from the Central
Government.