Objects and reasons to legislate MPLRC

As the preamble of the MPLRC Act states:

‘An Act consolidate and amend the law relating to land revenue, the powers of Revenue
Officers, rights and liabilities of holders of land from the SG, agricultural tenures and other
matters relating to land and the liabilities incidental thereto in Madhya Pradesh ‘
Thus, the object of the act can be broken following points
• Land Revenue.
• Powers of the Revenue Officers
• Define Agriculture tenures.
• Other matters related to land revenue.
The Act, defines the structure to which the land revenue is to be collected, the revenue officers
who shall have the power to impose and collect land revenue and also the definition of an
agriculture tenure under which the assessment period of revenue is calculated. The object of
the act is to consolidate to in an account of a person or Bhoomiswami its rights and liabilities
towards its land holdings and the payment of land revenue, the transfer of the land and its land
use for the activities with respect to its land holdings.
Importance of MPLRC
Revenue generated from the taxation of land has been a primary source for India since ancient
times. During the British regime, the cultivable land was taxed as per the zamindari system
that incurred a catena of criticism, for it stratified India into classes namely upper class and
lower class.
Post-independence, Zamindari Abolition Act, abolishing the practice of zamindari was passed
by different Indian states including Madhya Pradesh, Vindhya Pradesh and Bhopal. This was
followed by the constitution of a Board of Revenue by the SG via a notification dated 1st
November, 1956, wherein the State govt delegated the appellate and existence from
the year 1959, empowering the Board to exercise the powers delegated to it.
Gwalior has been appointed as the Principal seat of the Board, while Bhopal,
Indore, Jabalpur, Rewa and Ujjain holding the circuit courts. The Board is regarded as the
highest court of appeal in revenue concerning matters. The Code has seen multiple of
amendments with the prominent ones being the amendment of 2011 and 2018.
The Code consolidates laws related to revenue, functions of the Revenue Officers, rights and
duties of land bearers, agricultural tenures and rates. Presently, the Code contains
264 sections and 3 schedules.

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Revenue Board
• Constitution of the Board of Revenue
The creation or constitution of the Board of Revenue is provided in section 3 of the MPLRC,
1959. It states that the Board of Revenue must contain a President and two or more members
appointed by the SG as per his (President’s) choice.
Further, section 3 states that any Board of Revenue established and operating for several areas
prior to the MPLRC’s enactment is presumed to be the Board of Revenue for Madhya Pradesh
with effect from the date of coming into force of the MPLRC.
Furthermore, the eligibility for the members is given under section 5 of the MPLRC. It states
that to be a member of the Board, the person needs to be either eligible for appointment as a
High Court Judge or a Revenue Officer with the rank of not less than Collector for at least five
years.
• Conditions of Service
The conditions of service of the Board of Revenue have been laid under section 5 of the
MPLRC. Section 5 states that if any member of the Board of Revenue is unable to perform the
duties of his office due to absence or otherwise, the SG can appoint any person to fill the
vacancy for the time being. And the SG can do so by issuing a notification.
The section also states that the terms and conditions of service of the Presidents and members
of the Board are those as set forth and prescribed by the SG. And these terms and conditions
will be in force until modified or superseded.
• Salaries and Allowances
According to section 6 of the MPLRC, the SG determines the salaries and allowances of the
Board members. And these salaries and allowances of the members of the Board are charged
on the consolidated funds of the state.
• Jurisdiction and Powers of the Revenue Board
The Board of Revenue is required to exercise such powers and discharge such functions as
have been entrusted to it under the MPLRC. In addition, the Board must also discharge such
functions as the SG or central govt confers on the Board by the notification.
1. Power of Superintendence of Board: The power related to the superintendence of the
Board is given under section 8 of the MPLRC. Accordingly, the Board has
superintendence over the authorities regardless of how long such authorities deal with a
particular matter. The Board also has the power to call for returns. However, this power
of the Board is subject to its appellate and revisional jurisdiction.
2. Power to Make Rules: Section 9 of the MPLRC empowers the Board of Revenue to
make rules for the exercise of powers and functions of the Board. This can be done by
the benches composed of one or more members. Additionally, it declares that decisions

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 made by the benches while carrying out such duties are regarded as decisions of the
Board.
3. Power to Transfer Cases: According to section 29 of the MPLRC, the Board has the
power to order or direct the transfer of any particular case from one revenue officer to
another revenue officer. However, it is necessary that the revenue officer to whom the
case is being transferred must be of an equal rank to that of the previous revenue officer.
4. Power to Hear Appeals: Section 44 of the MPLRC empowers the Board of Revenue to
hear appeals if the original order is issued by the commissioner. In other words, the
Revenue Board has the power to hear appeals against the order issued by the
commissioner.
5. Power of Revision: The Revenue Board has the authority under section 50 of the
MPLRC to call for the record of any case that has been decided or the proceedings in
which the order is passed by the commissioner. The Board of Revenue can do this either
suo moto (on his own motion) or on the application made by the parties.
6. Power to Review Orders: As per section 51 of the MPLRC, the Board of Revenue has
been empowered to review any order passed by him or any of his predecessor-in-office
and can further pass any such order in reference thereto as he may think fit. The Board
of Revenue can do this either suo moto or on the application made by the parties.
7. Conferral of the Status of the Court: The condition where the Board of Revenue has the
status of the revenue court is set forth in section 31 of the MPLRC. According to this
section, the Board of Revenue will have the status of a revenue court when using its
authority to investigate or rule on any dispute that arises between the SG and any
individual or between parties to any proceedings under the MPLRC or any other
prevailing law.

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Land Revenue Model of Madhya Pradesh
The LRC can be modelled into the following points:
• Revenue Board and Revenue Officers.
The SG constitutes for the purpose of this act a Board of Revenue under Section.3 with
members appointed by the Govt headed by a designated President with two other members in
the Board.
The Board will have its sitting place as per the notification of the govt in the official gazette,
presently the Board sits in Bhopal. The Boards act as the highest authority and shall have
powers and functions under this code or as the SG by notification shall give. The Board acts
as Chief Revenue Authority. The Board also acts as revision and review authority in revenue
proceedings.
Next, are the officers known as the Revenue Officers under the act. Revenue officers are the
officers who collect taxes on behalf of the govt or another organization. The SG appoints the
revenue officers. Section 2(1)(u) of the MPLRC states that any officer that is mentioned in
section 11 of the MPLRC is a revenue officer. These are::
• Principal Revenue Commissioner
• Commissioner
• Additional Commissioner
• Commissioner Land Records
• Additional Commissioner Land Records
• Collector
• Additional Collector
• District Survey Officer
• SDO
• Deputy Survey Officer
• Assistant Collector
• Joint Collector
• Deputy Collector
• Tahsildar
• Additional Tahsildar
• Assistant Survey Officer
• Superintendent of Land Records
• Nasib Tahsildar
• Assistant Superintendent of Land Records

• Division of Power and Jurisdiction:

The Act creates jurisdictions under which the revenue officers’ function. The jurisdictions have
been divided the state into certain Division and these divisions are further divided into certain
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Districts which are further divided into Sub-Division and lastly into Tehsil. The SG has the
power to make and alter such jurisdiction as it deems fit. The jurisdiction of land for the
purpose of this act is governed by different classes of a revenue officer.
All Revenue authorities are subordinate to SG. Whereas in a division all revenue Officers are
subordinate to the Commissioner and similarly in the district, all revenue Officers are
subordinate to the Collector.

Powers of Revenue Officers

1. Power to Enter Upon and Survey the Land
Section 28 of the MPLRC confers the following powers to the revenue officers, their
servants and workers working under his supervision and control:
• To enter upon and survey the land.
• To demarcate or define the boundaries.
• To perform any other activities related to their duties provided under MPLRC or any
other enactment.
Further, this section prohibits revenue officers, their servants, and workers from causing
more damage than is necessary for properly performing or discharging their duties. It also
restricts them from entering any building or enclosed garden attached to a dwelling house
without the occupier’s consent and without giving the occupier prior notice of at least
twenty-four hours.
2. Conferral of the Status of the Courts
The condition where the revenue officer has the status of the revenue court is set forth in
section 31 of the MPLRC. This section states that while exercising its power to enquire
into or decide any question arising for determination between the SG and any person or
between parties to any proceedings under the MPLRC or any other enactment currently in
force, the revenue officer will have the status of a revenue court.
3. Power to Require Attendance and to Oblige Attendance of Witness
According to section 33 of the MPLRC, revenue officers have the following powers:
• To take evidence.
• To summon any person whose attendance he believes is required, either to:
- Be examined as a party.
- Give evidence as a witness.
- Produce any document in support of any enquiry or case.
However, this power of the revenue officer is subject to the provisions of sections 132 and
133 of the Civil Procedure Code and to rules made under section 258 of the MPLRC.

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 Further, section 34 of the MPLRC states that if a person summoned to appear as a witness
or produce a document fails to comply with the summon, the officer who issued the
summons has the authority to do the following:

• Issue a bailable warrant of arrest.

• Order him to furnish security for evidence.
• Impose a fine of not more than 1000 rupees.

4. Power to Adjourn the Hearing

As provided under section 36 of the MPLRC, revenue officers have the power to adjourn
the hearing of a case or proceeding before them for the purpose of recording the reasons.
It further states that no party must be granted more than three adjournments during the
course of the hearing of the case, and each of such adjournments should be granted only
with costs.
5. Power to Award Costs
The revenue officers have been vested with the power to award costs under section 37 of
the MPLRC. The revenue officers can award such costs incurred in the case or the
proceeding as it deems appropriate to them.
However, the fees of legal practitioners are not to be allowed as costs unless such officers
believe that it is required to be recorded by him in writing.
6. Order Can Be Reversed or Altered
The order passed by the revenue officer has the capacity to be reversed or altered in appeal
or revision if there is any error, omission or irregularity in the summons, warrant, notice
or order. However, such error, omission or irregularity must be such that it results in the
failure to deliver justice.
7. Provision Related to Holding Enquiries
Provision related to holding enquiries is provided under section 27 of the MPLRC.
Accordingly, the revenue officers are prohibited from investigating or hearing any case at
a place which is outside the local limits of his jurisdiction or not in his local limits of
jurisdiction. However, revenue officers can record reasons in writing at any location, even
if it is outside the local limits of the jurisdiction.
The section further provides a condition that a SDO can enquire or hear any case at any
place or location within the district.

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Appeal, Review & Revision
An appeal is a process whereby any aggrieved party or parties can request the higher court or
authority to overturn the decision already made by the lower court or authority. An appeal can
be made to correct errors or clarify and interpret the law by the higher court.
Revision is the process whereby any case which involves erroneous inference, non-exercise or
improper jurisdictional exercise is re-examined to correct or improve them. It is the power of
a court at a higher level of hierarchy to revise the judgement of its inferior courts.
Revision is when a court re-examines and re-evaluates the decision made by itself.
Appeal
Sections 44 to 49 of Chapter V of the MPLRC, 1959 provide for the provisions related to
appeal. Section 45 has been omitted.
Appeal and Appellate Authorities: Section 44 of the MPLRC states the grounds for the appeal
and the appellate authorities to whom the appeal will be directed. It states that the appeal
against an original order lies in the following manner:
• If such an order is passed by a revenue officer subordinate to the SDO, the appeal lies
to the SDO.
• If such an order is passed by a revenue officer subordinate to the deputy survey officer,
the appeal lies to the deputy survey officer.
• If such an order is passed by a SDO or any assistant collector, joint collector or deputy
collector, the appeal is made to the collector.
• If such an order is passed by the deputy survey officer, the appeal is made to the district
survey officer.
• If such an order is passed by the collector or district survey officer, the appeal is made
to the commissioner.
• If such an order is passed by the commissioner, the appeal is made to the revenue board.
• Further, this section states that a second appeal can also be filed against the order passed
in the first appeal. And such appeal lies in the following manner:
• If the order in the first appeal has been passed by the SDO, the deputy survey officer,
the collector or the district survey officer, the second appeal must be made to the
commissioner.
• If the order in the first appeal has been passed by the commissioner, the second appeal
must be made to the revenue board.
Furthermore, clause (3) of section 44 of MPLRC enumerates (mentions) conditions under
which the second appeal lies. Accordingly, the second appeal against the order passed in the
first appeal lies only:
• If the original order in the first appeal has been varied or reversed except in the matter
of cost; or

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 • If the order is contrary to law or usage (any uniform practice or course of conduct on
which the parties rely) having the force of law; or
• If the order has failed to determine some material issue of law, or usage having the force
of law; or
• If there has been any substantial error or defect in the procedure as have been specified
by this MPLRC, which may have created an error or defect in the decision of the case
upon merits.
Lastly, the appeal against the order of the revision is filed in the same manner as the appeal is
made against the original order.
Exceptions: Section 46 of the MPLRC, 1959 provides for the orders against which no appeal
will lie. Accordingly, an appeal cannot be made against the following orders:
• Allowing or dismissing an application for condonation of delay on the grounds specified
in section 5 of the Limitation Act.
• Rejecting an application for review.
• Allowing or dismissing an application for a stay.
• Order of an interim nature.
• Orders passed under the provisions of sections 29, 30, 104, 106, 114A, 127, 146, 147,
267, 208, 210, 212, 215 of MPLRC.
Further, a second appeal cannot be made against the orders passed in the first appeal under the
provisions of sections 131(1), 134, 173, 234, 239, 240, 241, 242 and 248 of MPLRC.
Limitation Period of Appeals: u/s 47 of the MPLRC. the period of limitation for filing an
appeal (first appeal or second appeal) is of 45 days from the date of the order against which it
is to be made.
Powers of an Appellate Authority
• The appellate authority has the power to either accept or reject the appeal after calling
for the record and giving the appellant an opportunity to be heard.
• If the appeal is admitted, the appellate authority has to fix the date for the hearing and
also serve the notice to the respondent.
• The appellant authority has the power to confirm, reverse or vary the order against which
the appeal was made. However, this can be done after hearing from the parties only.
• The appellant authority, at last, has the power to take or receive such evidence as is
necessary for passing the order.

Revision
Section 50 of Chapter V of MPLRC contains the provision related to revision. According to
section 50, the revision can be made in the following manner:

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 • The revenue board has the power to call for record any case which has been decided by
the commissioner. This can be done either on his own motion or the application made
by any party to the case.
• Similarly, the commissioner has the power to call for records of any case which has been
decided or any proceeding in which the order has been passed by the collector or the
district survey officer.
• And the collector or the district survey officer can call for records of any case which has
been decided by a revenue officer subordinate to him.
Further, there are certain conditions under which the application for revision is not entertained.
These are:
• If the application for the revision is against an appealable order, it will not be
entertained.
• If the application for revision is against an order passed in the second appeal, it will not
be entertained.
• If the order is passed by the commissioner, the application for revision is not entertained.
• The application for revision is not entertained against the order passed in revision.
Furthermore, prior to making a revision to an order, a notice must be served to both parties.
An order cannot be reversed unless the prior notice has been given to both parties. Also, the
parties must be provided with an opportunity to be heard before reversing the order.
Limitation Period for Revision: u/s 50 of the MPLRC. Accordingly, the limitation period for
filing an application for revision is 45 days from the date of the order against which the
application is to be made.

Review
Section 51 of the MPLRC provides provisions related to the review of orders. It empowers the
revenue board to review any order passed by him or its predecessor-in-office. This can be done
by him either suo moto or on an application by any interested party. Similarly, the revenue
officers can also review any order passed by him or its predecessor-in-office. The board and
revenue officer can further pass any such order with regards to review as it may think fit.
Further, section 51 states that if the commissioner, collector or district-survey officer wants to
review any order which is not passed by them, they must first obtain the sanction of the board.
Likewise, if an officer who is subordinate to the collector or the district survey officer wants
to review any order, they must obtain the sanction from the collector or district-survey officer
to whom they are immediate subordinates.
Exceptions: Although citizens have the right to file an application for review, there are certain
orders against which no application for review lies. These orders are:
• An order against which an appeal has been brought.
• An order which is the issue of any revision proceedings.
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 • An order which includes the question of rights between private persons. (However, an
application for review can be made under this condition if the application is made by
the party whose rights are being affected.)
• Any application brought after 45 days from the order against which it is to be made.

Occupancy Tenant: The definition of the word 'tenant' in this clause is exhaustive. The first
condition for a person to be tenant under this clause is that he should hold land from
Bhoomiswami. Further, it is provided that the person holding land from a Bhoomiswami ,
should hold it as an occupancy tenant under Chapter XIV .of this-Code. A tenant is by the
definition a person who holds land as an occupancy tenant from a Bhumiswami; but the status
of a Bhumiswami is recognized for the first time by the Code and an occupancy tenant from a
Bhumiswami would mean only a person belonging to that class who acquires rights of
occupancy tenant after the Code comes into force. The position of a tenant prior to the date on
which the Code was brought into force does not appear to have been dealt within this
definition. The definition which is specially devised for the purpose of the Code throws no
light on the nature of the right which invests the holder of land with the status of an occupancy
tenant at the commencement of the Code.

"Tenure-holder" as defined u/s 2(1) (z) of MPLRC means a person who holds land from the
SG and who is or is deemed to be Bhumiswami under the provisions of this Code.

All those persons who were holding land from the govt under the various land revenue tenancy
laws operative in different parts of the state were brought on par under the present code and
were conferred the status of bhumiswami under Section 158 of the code.

The definition of tenure holder under the clause is very simple. A person is called
Bhoomiswami' who holds land from the SG and is either Bhoomiswami or deemed to be
Bhoomiswami under this Code. Section 157 says that there will be only one class of tenure
holder and the name given to him is Bhoomiswami, meaning thereby ‘owner of the land’.
Although absolute ownership does not vest in such persons, still leaving aside the SG, such
persons are owners against everyone else. They are neither tenants nor Govt lessees who are
dealt with separately.

By enacting Section 157 of the Code, the Legislature has declared that ownership in all lands
etc. belong to the SG.

For the first time, the MPLRC, 1959, vide section 157, has called certain classes of persons
'Bhoomiswami' and has declared that such Bhoomiswamis shall have all the rights and be
subject to all the liabilities conferred or imposed upon a Bhoomiswami by or under this Code.

Bhoomiswami rights

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. - Subject to the other provisions of this section and the provision of
Section 168 a bhumiswami may transfer any interest in his land as per following conditions-
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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. Further, no usufructuary mortgage of any land by a
bhumiswami shall hereafter be valid if it is for a period exceeding 6 years
b. Such transfer should not exceed such ceiling limits as may be prescribed
c. the right of bhumiswami belonging to a tribe which has been declared to be an aboriginal
tribe by the SG by a notification in that behalf, for the whole or part of the area to which
this Code applies shall-

(i) in such areas not be transferred nor it shall be transferable either by way of sale
or otherwise to a person not belonging to such tribe in the area specified in the
notification;
(ii) in other areas, not to be transferred or be transferable either by way of sale or
otherwise to a person not belonging to such tribe without the permission of a
Revenue Officer not below the rank of Collector, given for reasons to be recorded
in writing.

d. Nothing u/s165 shall prevent a bhumiswami from transferring any right in his land to
secure payment of, or shall affect the right of the SG to sell such right for the recovery
of an advance made to him under the Land Improvement Loans Act, 1883 or the
Agriculturist Loans Act, 1884
e. Nothing u/s165 shall prevent a bhumiswami from transferring any right in his land by
way of mortgage to secure payment of an advance made to him by co-operative society
f. Notwithstanding anything contained in the Indian Registration Act, 1908 (XVI of 1908),
no officer empowered to register documents thereunder shall admit to registration any
document which purports to contravene the provisions of this section.
g. Nothing in this section shall- invalidate any transfer which was validly made; or validate
any transfer which was invalidly made; before the coming into force of this Code.

Also, there is no restriction for grant of leases in respect of certain categories of Bhumiswami,
such as widow, unmarried woman and persons suffering from social, physical or mental
disabilities. This is provided in section 168(2).

It is important to notice that there is no provision in the Act for ejectment of a Bhumiswami at
the instance of the Govt. These features clearly show, as held by Dube J. that there is no
relationship of landlord and tenant between the Govt and the Bhumiswami. A Bhumiswami is
called a tenure holder but he is not a holder of tenancy rights. The Bhumiswami in these
circumstances can well be described as the owner of the land or more correctly owner of the
rights in the land which he holds under the State.

SEC. 250- Reinstatement of Bhumiswami improperly dispossessed.

1. If a Bhumiswami is dispossessed of the land otherwise than in due course of law or if

any person unauthorizedly continues in possession of any land of the Bhumiswami to the
use of which such person has ceased to be entitled under any provisions of this code, the
Bhumiswami or his successor-in-interest may apply to the Tahsildar for restoration of

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 the possession within two years from the date of dispossession or from the date on which
the possession of such person becomes unauthorized, as the case may be.
2. The Tahsildar shall, after making an enquiry into the respective claims of the parties,
decide the application and when he orders the restoration of the possession to the
Bhumiswami put him in possession of the land.
3. The Tahsildar may at any stage of the enquiry pass under Sub-section (2) an interim
order for handing over the possession of the land to the applicant, if he finds that he was
dispossessed by the opposite party within six months prior to the submission of the
application under this section. In such a case the opposite party shall, if necessary, be
ejected under orders of the Tahsildar.
4. When an interim order has been passed under Sub-section (3) the opposite party may be
required by the Tahsildar to execute a bond for such sum as the Tahsildar may deem fit
for abstaining from taking possession of land until the final order is passed by the
Tahsildar.
5. If the person executing a bond is found to have entered on into or taken possession of the
land in contravention of the bond, the Tahsildar may forfeit the bond in whole or in part
and may recover such amount as an arrear of land revenue.
6. If the order passed under Sub-section (2) is in favour of the applicant, the Tahsildar shall
also award a reasonable compensation to be paid to the applicant by the opposite party;
Provided that the amount of compensation shall not exceed ten times the revenue of the
land for each year's occupation.
7. The compensation awarded under this section shall be recoverable as an arrear of land
revenue.
8. When an order has been passed under Sub-section (2) for the restoration of the possession
to the Bhumiswami the Tahsildar may require the opposite party to execute a bond for
such sum as the Tahsildar may deem fit for abstaining from taking possession of the land
in contravention of the order.
9. Where an order has been passed under Sub-section (2) for the restoration of the
possession to the Bhumiswami, the opposite party shall also be liable to a fine which
may extend to five thousand rupees; Provided that it shall not be competent to the
Tahsildar to impose a fine of amount exceeding one thousand five hundred rupees, but
if in any case he considers that circumstances of the case warrant imposition of a higher
fine, he may refer the case to the SDO who shall after giving the party concerned an
opportunity of being heard, pass such orders in respect of fine as he may deem fit."

Distinction Between Bhumiswami Rights And Tenancy Rights- Section 157 states that
there shall be only one class of tenure holders of lands held from the State to be known as
Bhumiswami. The distinction between tenure rights and tenancy rights is real. A Bhumiswami
is neither a tenant nor a Govt lessee. Ownership as contemplated under s.57.is also
distinguishable from tenure as defmed in section 157 of the Code. A Bhumiswami is neither a
tenant nor a Govt lessee.
Restriction on the rights of transfer and vires of the restriction –sec 165(1) enunciates that a
bhumiswami may transfer any interest in his land. But this right is subject to two conditions
contained in this very sub – section (1). These are –

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 a. A bhumiswami cannot transfer by way of lease for and period whatever any land
comprised in his holding, except in the cases provided for in sec 168(2).
b. All other kinds of transfers to be made subject to the provisions of other sub sections
of section 165.
Section 168 puts restriction on bhumiswamis in respect of their rights to transfer land by way
of lease. A bhumiswami under this section has been given a right to transfer land for one year
during any consecutive period of three years. There are two exceptions also to this provision.
This first proviso to the section provides that a bhumiswami who is member of a registered
cooperative farming society may lease out his land for any period to that society. The second
exception is that provisions of this section shall not apply to land held for non-agricultural
purposes.

Acquisition of Bhoomiswami right by adverse possession- Limitation Act S.27.- Right of

Bhumiswami can be acquired by adverse possession amidst an individual i.e. on the land of a
Bhumiswami.

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Land Revenue
The law of Land Revenue is an exchequer for the holding of State land and the payment for
the holding of land to the SG. The MPLRC lays down the procedure on how the Land is to be
assessed and the Revenue to be levied on the Holder of the Land. The Land is charged
according to its use by the Holder as per the latest assessment of the land and in case the Holder
has to change the Use of the Land or purpose then a Diversion of land is needed to be done.
Generally, the land use is changed from agriculture to non-agriculture purpose.
First, we need to understand the object of Land Revenue; it is a comprehensive Code which
encompasses all aspects pertaining to the land. The scheme of the code related to ownership
of all lands is vested in the State and the Govt has to power to make rules in pursuant of
ownership and ‘land revenue’ which has been discussed, the whole code in brief here.
U/s58. Liability Of Land To Payment Of Land Revenue: All land to whatever purpose applied
and wherever situate, is liable to the payment of revenue to the SG except such land as has
been wholly or partially exempted from such liability by or under this Code or by special grant
of or contract with the SG or by notification, issued in this behalf by the SG.
The land revenue is due from the first day of the revenue financial year. Prior to the MPLRC
(Amendment) Act, 2018 the revenue financial year started on 1st of October, but after the
amendment act, it was changed to 1st of April. And it is payable within that financial year. After
that it is payable with a penalty for late fees.
138. Responsibility for payment of land revenue - (1) The following person shall be liable for
the payment of the land revenue assessed on a holding-

1. in a bhumiswami's holding the bhumiswami;

2. in a holding consisting of land leased by the SG the lessee thereof.

139. Land revenue recoverable from any person, in possession - In case of default by any
person who is primarily liable under Section 138, the land revenue, including arrears, shall be
recoverable from any person in possession of the land :
140. Dates on which land revenue falls due and payable - (1) The land revenue payable on
account of a year shall fall due on the first day of April of that year and shall be paid up to the
last day of June of that year, in such manner, to such person and at such places as may be
prescribed.
A person may, at his option, pay up to ten years land revenue in advance. Provided that no
rebate shall be granted on such advance payment and if the land revenue is subsequently
enhanced the difference amount shall be payable.
141. Definition of "arrear" and "defaulter" - Any land revenue due and not paid till the end of
period as specified in section 140 becomes therefrom an arrear, and the persons responsible
for it become defaulters.

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143. Penal interest on delayed payment of Sand revenue - If land revenue is not paid up to the
end of the period as specified in section 140, simple interest shall be payable on the arrear
thereafter till the date of payment at the rate of twelve per centum per annum for first twelve
months and thereafter at the rate of fifteen per centum per annum.
146. Notice of demand - 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. Any
defaulter may apply to the Tahsildar that nothing is due or that the amount due is less than the
amount for which the notice has been served and the Tahsildar shall decide the objection so
raised.
147. Process for recovery of arrear - An arrear of land revenue payable to Govt may be
recovered by a Tahsildar by any one or more of the following processes :-
a. by attachment and sale of movable property;
b. by attachment and sale of the holding on which arrear is due
c. by attachment and sale of any other immovable property wherever situate belonging
to the defaulter:
Provided that the process specified in clauses (a) and (c) shall not permit the
attachment and sale of the following, namely : -
i. 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;
ii. tools of artisans 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 Tahsildar, be necessary to enable him to earn
his livelihood as such;
iii. articles set aside exclusively for the use of religious endowments;
iv. house and other buildings (with the materials and the sites thereof and the land
immediately appurtenant thereto and necessary for the enjoyment) belonging to
an agriculturist and occupied by him :
Provided further that the process specified in clause (b) shall not permit attachment and
sale of holding where the defaulter holds,-

i. six hectares or less than six hectares of land in the Scheduled Area; or
ii. four hectares or less than four hectares of land in other areas.
d. by attaching any financial asset including bank account or locker, wherever situate,
of the defaulter.
The SDO 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.
Although, no person shall be arrested 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 CCP.
Page no. 15 ……………… LLB Notes by Vishal Naredi
The SDO 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.

Diversion: A Diversion happens when the holder of the land redefines the use of the land from
agriculture to a non-agriculture purpose. Therefore, the law defines two sets of ‘land use’
accordingly Agriculture and Non-Agriculture use of the land.
Provisions for diversion were prescribed u/s 172 of the MPLRC, 1959. The section has been
omitted in the MPLRC (Amendment) Act, 2018. Provisions for diversion now lie u/s 59, which
are as follows:

• For the purpose of Diversion, an assessment for the land is done as per the use of the
land, the holder has to determine the use on the following grounds or purpose:-

1. Agriculture
2. Residential for purpose of dwelling houses
3. Industrial including mines and minerals
4. Commercial
5. Educational
6. For purposes other than above specified as maybe specified by SG

• Where land assessed for use one purpose is diverted to any other purpose, the land
revenue payable upon such land shall, be liable to assessment at the rates prescribed for
the purpose to which it has been diverted. Further, the premium on such diversion shall
be payable at such rates as may be prescribed.
• The rates are separately notified by the SG on the basis of Category of Local Body as
follows: (SG may modify such rates via notification in the Gazette)

- Municipal Corporation of Bhopal, Indore, Jabalpur, Gwalior and Ujjain or the

area under the notified Development plan area of these Corporations
- All Municipal Corporations other than those mentioned above and the area under
the notified Development plan area of these Corporations
- Municipal Council area or notified development plan area of such Council, any
other Development Plan area which does not include a Municipal Corporation,
Municipal Council or Nagar Parishad within its limits and the area falling within
the limits of the Special Area Development Authority, Pachmari
- Nagar Parishad area or notified development plan area of such Parishad
- Gram Panchayats other than those included above.

• For such diversion, the Bhumiswami shall compute the premium and reassessed land
revenue payable and deposit the amount so computed in the manner prescribed and give
a written intimation of such diversion to the SDO along with the receipt of the deposit
of the amount, and the land shall be deemed to have been diverted from the date of such
intimation.

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 • On the receipt of intimation, the SDO shall, as soon as possible, make enquiry into the
correctness of the computation made by the Bhumiswami and communicate to the
Bhumiswami either confirming the computation made or informing him the correct
amount of premium and land revenue payable. In case the amount deposited is less than
the amount computed by the SDO, the difference shall be paid by the Bhumiswami
within 60 days of receipt of such intimation.
Or in case the amount deposited is greater than the amount computed by the SDO, the
difference shall be refunded to the Bhumiswami within sixty days.
If the SDO fails to do so, the arrears of re-assessed land revenue shall not be payable
for a period exceeding five years.

• If the Bhumiswami fails to give the intimation of diversion, the SDO on his own motion
or on receiving such information shall compute the premium and re-assess the land
revenue payable on account of such diversion and also impose a penalty equal to fifty
per centum of the total amount payable. Provided that such re-assessed land revenue
shall be payable from the actual date of diversion subject to a maximum period of five
years.
• The premium and re-assessed land revenue shall be computed at the rates prevailing on
the date of intimation by the Bhumiswami or the date of passing of order by SDO if not
intimated by bhumiswami.

59B. Reassessment on diversion of land prior to coming into force of the Code - Where prior
to the coming into force of this Code land in any area assessed for any one purpose was
subsequently diverted for use to any other purpose, the land revenue payable upon such land
shall, notwithstanding that the term for which the assessment may have been fixed has not
expired, be liable to be altered and assessed in accordance with the purpose to which it has
been diverted.

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Wajib-ul-Arz & Nistar-Patrak
233. Record of unoccupied land - A record of all unoccupied land shall be prepared for every
village and urban area in accordance with rules made in this behalf.
234. Preparation of Nistar Patrak - The SDO shall, in accordance with the provisions of this
Code and the rules made thereunder, prepare a Nistar Patrak for every village embodying a
scheme of management of all unoccupied land in the village and all matters incidental
thereto and more particularly matters specified in section 235.
235. Matters to be provided for in Nistar Patrak. - The matter which shall be provided for in
the Nistar Patrak shall be as follows, namely
a. terms and conditions on which grazing of cattle in the village will be permitted;
b. the terms and conditions on which and the extent to which any resident may
obtain-
i. wood, timber, fuel or any other forest produce;
ii. mooram, kankar, sand, earth, clay, stones or any other minor mineral;
c. instructions regulating generally the grazing of cattle and the removal of the
articles;
d. any other matter required to be recorded in the Nistar Patrak by or under this
Code.
236. Provision in Nistar Patrak for certain matters - In preparing the Nistar Patrak as
provided u/s 235, the Collector shall, as far as possible, make provision for-
a. free grazing of the cattle used for agriculture;
b. removal free of charge by the residents of the village for their bona fide
domestic consumption of-
(i) forest produce;
(ii) minor minerals;
c. the concessions to be granted to the village craftsmen for the removal of the
articles specified in clause (b) for the purpose of their craft.
237. Collector to set apart land for exercise of Nistar rights - (1) Subject to the rules made
under this Code, the Collector may set apart unoccupied land for the following purposes,
namely,-
a. for timber or fuel reserve;
b. for pasture, grass bir or fodder reserve;
c. for burial ground and cremation ground;
d. for gaothan;
e. for encamping ground;
f. for threshing floor;
g. for bazar;
h. for skinning ground;
i. for manure pits;

Page no. 18 ……………… LLB Notes by Vishal Naredi

 j. for public purposes such as schools, play grounds, parks, road, lanes, drains
and the like; and
k. for any other purposes which may be prescribed for the exercise of right of
Nistar.
Lands set apart specially for any purpose, shall not otherwise be diverted without the
sanction of the Collector.
242. Wajib-ul-arz. - (1) As soon as may be after this Code comes into force, the SDO 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;
(2) Such record made shall be published by the SDO in such manner as may be prescribed.
(3) Any person aggrieved by any entry made in such record may, within one year from the
date of the publication of such record, institute a suit in a Civil Court to have such entry
cancelled or modified. The record made under sub-section (1) shall, subject to the decision of
the Civil Court if the suit is instituted, be final and conclusive.
(5) The SDO 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
a. that all persons interested in such entry wish to have it modified; or
b. that by a decree in a civil suit it has been declared to be erroneous; or
c. that being founded on a decree or order of a Civil Court or on the order of a Revenue
Officer it is not in accordance with such decree or order; or
d. that being so founded, such decree or order has subsequently been varied on appeal,
revision or review; or
e. that the Civil Court has by a decree determined any custom existing in the village.
115. Correction of wrong or incorrect entry in land record - (1) A SDO may, on his own
motion or on application of an aggrieved person, after making such enquiry as he deems fit,
correct any wrong or incorrect entry including an unauthorised entry in the land records
prepared under section 114 other than Bhoo-Adhikar Pustika and record of rights, and such
corrections shall be authenticated by him :
Provided that 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.
(2) No order shall be passed under sub-section (1) without-
a. getting a written report from the Tahsildar concerned; and
b. giving an opportunity of hearing to all parties.interested : Provided that where interest
of Govt is involved, the SDO shall submit the case to the Collector.
(3) On receipt of a case under sub-section (2), the Collector shall make such enquiry and
pass such order as he deems fit.

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Consolidation of Holdings
Section 205 of the MPLRC defines the consolidation of holdings and consolidation officers.
Accordingly, consolidation of holdings refers to the redistribution of all or part of a village’s
land in order to allot to the Bhumiswami continuous plots of land for convenience of
cultivation.
The revenue officer not below the rank of Tahsildars is known as the Consolidation Officer.
They are appointed by the SG.
Process of Consolidation of Holding
Section 206 of the MPLRC deals with the process of consolidation of holding. To begin, any
two or more Bhumiswamis in a village having together more than or equal to the minimum
area of land as provided under section 221 of the MPLRC can apply in writing for
consolidation of holding. The application should be made to the consolidation officers. The
district’s Collector can direct, order, or instruct the consolidation officers to investigate the
feasibility or efficiency of consolidating holdings in any village.
Further, if two-thirds of the Bhumiswamis in a village apply for their holdings to be
consolidated, the application is considered to be made on behalf of all the Bhumiswamis in a
village. Similarly, if two-thirds of the Bhumiswamis in the village agree to the consolidation
during an investigation, the application is considered to be made on behalf of all the
Bhumiswamis. And, if any scheme of consolidation of holding is confirmed in such a case, it
will be binding on all Bhumiswamis in the village.
Rejection and Admission of Application
The consolidation officer can submit the application to the Collector with a recommendation
that it be rejected or denied in whole or in part or to quash the proceedings. Such an application
can be made upon receipt of any such application or at any point during the proceedings where
it appears that there are good and sufficient reasons for the application to be rejected.
Further, upon receiving the consolidation officer’s recommendation, the Collector may accept
it and issue orders accordingly. The consolidation officer also has the authority to issue an
order for further investigation. According to section 208 of the MPLRC, if the consolidation
officer accepts the application, he must follow the procedure laid down under MPLRC.
Preparation of Scheme for Consolidation of Holding
The provision related to the preparation of a scheme for consolidation of holding is given under
section 209 of the MPLRC. If Bhumiswami submits a scheme of consolidation along with the
application, the consolidation officer reviews it and, if necessary, makes changes. And if no
such scheme is submitted with the application, the consolidation officer will be required to
prepare one.
Further, if the consolidation officer believes that redistribution of land following a scheme of
consolidation will result in the allotment of a holding or land of less market or productive value

Page no. 20 ……………… LLB Notes by Vishal Naredi

to any Bhumiswami; in this case, the scheme may provide for compensation to be paid to such
Bhumiswami by whoever or whatever the consolidation officer directs.
Furthermore, when the scheme of consolidation is complete, the consolidation officer has to
submit it to the Collector for approval after considering and removing any objections that may
have arisen.
Confirmation of Scheme
According to section 209 of the MPLRC, when the scheme of consolidation is complete
without any objection, the consolidation officer submits it to the Collector. After the
submission of the report to the Collector, the Collector may either:
• Confirm the scheme
• Direct the consolidation officer for the modification
• Refuse the scheme after considering the objections
Procedure After Confirmation of the Scheme
Following ratification of the scheme of the consolidation, the consolidation officer will
demarcate the boundaries of holdings if necessary. He will then announce the final decisions
as per the scheme, including a new field map, record-of-rights, Nistar Patrak, and Wajib-ul-
arz.
Power to Make Rules
The SG has the authority to make rules under section 221 of the MPLRC with regard to the
following:
• Specifying the minimum area of land that anyone applying for consolidation of holdings
must own.
• Providing for the particulars to be contained in each application for the consolidation of
holding.
• Providing procedure that the consolidation officer must follow while dealing with the
application.
• Providing for the formation and appointment of any advisory committee or panchayat
to help the consolidation officer in the examination or preparation of the scheme.
• Determining the amount of compensation to be paid in cases falling under section 209
of the MPLRC.
• Regulating the assessment of costs.
• Determining the market or productive value of the various holdings and lands included
in any scheme of consolidation.

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Patels and Kotwars
As per the rules made under MPLRC, Revenue Officers appoint some village officers such as
Patels and Kotwars. These village officers collect land tax, maintain boundary lines, keep the
village clean, and carry out other duties as assigned by revenue officers. Chapter XVII of
MPLRC contains various provisions related to Village Officers.
Patels Under MPLRC
The Patel is the village officer who collects and pays land revenue in the Gram Kosh. The
provisions related to appointment, remuneration, duties, etc., are given u/s 222 to 229 of the
MPLRC.
Appointment of Patels
The provision related to the appointment of Patel is given u/s 222 of the MPLRC. Accordingly,
the Collector appoints one or more Patels for each village or group of villages. The
appointment is, however, made subject to the rules set forth u/s 258.
Further, if two or more Patels are appointed in a village, the Collector has the authority to
allocate the duties of the Patels as he thinks fit.
Qualifications: The person to be appointed as Patels must not be:

• Less than 21 years of age;

• Recorded as Bhumiswami in the concerned village’s Land Records;
• Undischarged insolvent;
• Unsuitable due to reason of financial position;
• Convicted for any offence;
• Mentally or physically unfit to carry out the duties of the Patel;
• Illiterate or incapable of keeping accurate records;
• Have not paid land revenue or other duties willfully.

Remuneration or Salary of Patels

According to sec 223, the Collector determines the remuneration or salary of the Patels. in
accordance with rules and regulations established by the SG.
Duties of Patels: Section 224 of MPLRC enumerates the duties of the Patel. Accordingly, these
are the duties of the Patels:

• To collect land revenue and any associated taxes and cess payable by him, as well as
any other govt dues after deducting collection charges as set by the SG from time to
time, and to deposit them in the govt treasury.
• To provide reports to the Collector concerning the condition and situation of his village.
Also, the report is to be provided at such places and times as the Collector may specify.
• To prevent encroachment or intrusion on wasteland, public walkways, and roadways of
the villages.

Page no. 22 ……………… LLB Notes by Vishal Naredi

 • To preserve any stations and boundary marks displayed in his village by surveyors in
the service of the govt and in case of any damage to such marks, report it.
• To maintain the village’s sanitary conditions.
• To prohibit the unauthorized cutting of wood and removal of minerals or any other
property that belongs to the SG.
• To supervise and regulate the Kotwars.

Removal and Punishment of Patels

The provision related to the removal of Patels is given u/s 226. Subsequently, Patel can be
removed from the office by the Collector. Further, according to section 227 of the MPLRC, if
Patel is found to be neglectful and careless towards performing his duty, the Tahsildar can
impose a fine of up to twenty rupees on him.
Kotwar Under MPLRC
The Kotwars are the village officers who keep a watch and ward over the houses and properties
of the villagers. They generally assist the govt officers visiting the village to discharge their
duties. The provisions related to Kotwars are contained under two sections: sect 230 & 231.
Appointment and Remuneration of Kotwars
Firstly, section 230 of the MPLRC states that every person who holds the status of village
watchman in Bhopal and Sironj regions or is a Chowkidar in the Vindhya Pradesh region at
the time the MPLRC came into force or took effect is considered to be a Kotwar.
Further, section 231 provides the provision related to the remuneration of Kotwars.
According to this section, the Kotwars are entitled to receive service land or remuneration or
both for their services. The norms for providing service land or remuneration or both are
determined by the SG from time to time by general order.

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Govt Lessees and Service Land
U/s181 Every person who holds any land on lease from the SG, whether such lease was granted
before or after the commencement of this Code, shall be deemed to be a Govt lessee in respect
of such land.
U/s182. Rights and liabilities of a govt lessee. - A Govt lessee shall, subject to any express
provisions in this Code, hold his land in accordance with the terms and conditions of the grant,
which shall be deemed to be a grant within the meaning of the Govt Grants Act, 1895. A Govt
lessee may be ejected from his land by order of the Collector on one or more of the following
grounds, namely: -
i. that he has failed to pay the rent for a period of three months from the date on which it
became due; or
ii. hat he has used such land for purposes other than for which it was granted; or
iii. that the term of his lease has expired; or
iv. that he has contravened any of the terms and conditions of the grant
U/s183. Service land. - 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.
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.
If a Kotwar dies, resigns or is lawfully dismissed, the service land shall pass to his successor-
in-office.
The right of a Kotwar in such land shall not be attached or sold in execution of a decree nor
shall a receiver be appointed to manage such land under section 51 of the CCP 1908.
If a Kotwar contravenes or attempt to contravene the above provisions, without prejudice to
any action that may be taken against him under the provisions of this Code or any other law,
such service land may be taken back from him by the order of the Tahsildar and the Kotwar or
any other person who unauthorizedly continue to remain in possession of the land may be
ejected under section 248.
The service lands situated —
a. in an urban area;
b. in such area for which development plan has been approved; or
c. in such area beyond the outer limit of urban area, as notified by the SG,
shall cease to be service land from the date as notified by SG and the Tahsildar shall cause
necessary changes in the land records.

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Land Survey
61. Definition of land survey - The "land survey" means -

a. All or any of the following activities –

i. division of land into survey numbers, recognition of existing survey numbers,

reconstitution thereof or forming new survey numbers in land used for
agricultural purposes and activities incidental thereto;
ii. division of land into plot numbers, recognition of existing plot numbers,
reconstitution thereof or forming new plot numbers and grouping them into
blocks in land used for non-agricultural purposes and activities incidental thereto;
iii. grouping of the survey numbers and blocks into villages in non-urban areas and
into sectors in urban areas and activities incidental thereto;

b. preparation of a Field Book describing the area, current land use and other attributes of
each survey number, block number or plot number, as the case may be;
c. preparation or revision or correction of field map, as the case may be;
d. preparation of record of rights, in order to bring the land records up to date in any local
area;
e. preparation of any other record, as may be prescribed.

64. Notification of proposed land survey - The Commissioner LR may commence land survey
in a tahsil area by publishing a notification in the official Gazette to that effect. Land survey
may extend to all lands in the tahsil area or part thereof as the Commissioner LR may direct
in the notification issued. The lands notified shall be held to be under land survey from the
date of said notification till the subsequent notification declaring the land survey to be closed
is issued.
65. District Survey Officer, Deputy Survey Officer and Assistant Survey Officer - In respect
of the lands under land survey, -

a. the Collector of a district shall be the District Survey Officer;

b. the SDO of a sub-division shall be the Deputy Survey Officer for his sub-division;
c. the Tahsildar, Additional Tahsildar or Naib Tahsildar shall be Assistant Survey Officer
within their respective jurisdiction.

All District Survey Officers shall be subordinate to the Commissioner Land Records.
All Deputy Survey Officer and Assistant Survey Officers in a district shall be subordinate to
the District Survey Officer.
All Assistant Survey Officers in a sub-division shall be subordinate to the Deputy Survey
Officer.
66. Powers of District Survey Officer, Deputy Survey Officer and Assistant Survey Officer -
In respect of lands under land survey the powers of the Collector, the SDO or the Tahsildar

Page no. 25 ……………… LLB Notes by Vishal Naredi

under this Code shall vest in the District Survey Officer, Deputy Survey Officer or Assistant
Survey Officer respectively.
The SG may invest any Deputy Survey Officer or Assistant Survey Officer with all or any of
the powers of the District Survey Officer under this Code.
67. Formation of survey numbers, block numbers, plot numbers and their grouping into
villages in non-urban areas or into sectors in urban areas - Subject to rules made under this
Code, the District Survey Officer may -

a. take measurements of the land to which land survey extends and construct such number
of survey marks thereon as may be necessary;
b. divide such land into survey numbers……….
c. divide such land into block numbers………..
d. group survey numbers and blocks into villages in non-urban areas and into sectors in
urban areas.

68. Power to re-number or sub-divide or amalgamate survey number, block number and plot
number
69. Entry of survey, numbers, block numbers and plot numbers and their sub-divisions in land
record
70. Determination of abadi of village.
71. Power of District Survey Officer to divide or unite villages and sectors or exclude area
therefro.
72. Assessment - The District Survey Officer shall fix the assessment on each holding at such
rates as may be prescribed.
73. All lands liable to assessment.
74. Duty of District Survey Officer to maintain maps and records.
75. Power of SDO to correct errors - The SDO may, at any time after the closure of land survey,
correct any error in the area or assessment of any survey number or plot number or block
number due to mistake of survey or arithmetical miscalculation

Page no. 26 ……………… LLB Notes by Vishal Naredi

243. Abadi. - (1) Where the area reserved for abadi is in the opinion of the Collector
insufficient, he may reserve such further area from the unoccupied land in the village as he
may think fit.
(2) Where unoccupied land for purposes of abadi is not available, the SG 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 for the acquisition of such land in accordance
with the provisions of that Act.
244. Allotment of abadi sites. - Subject to rules made in this behalf, the Tahsildar shall allot
abadi sites on lease in the abadi area.
245. Rights to hold house site free of land revenue. - Any building site of reasonable
dimensions in the abadi, which is held by a kotwar or by a person who holds land or who
works as an agricultural artisan or an agricultural labourer in such village or in a village
usually cultivated from such village, as on the commencement of the MPLRC (Amendment)
Act, 2018, shall not be liable to the payment of land revenue.
246. Rights of persons holding house site in abadi. — Every person who lawfully holds any
land as a house site in the abadi immediately prior to coming into force of the MPLRC
(Amendment) Act, 2018, shall be a Bhumiswami.

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.
(2) The lessee shall hold the land on such terms and conditions as may be agreed upon
between him and the Bhumiswami.
(3) Tahsildar on the application of the Bhumiswami on the ground of breach of any material
term or condition of the lease or the lease ceasing to be in force may order the lessee to hand
over possession of the land to the Bhumiswami.
(4) If a lessee does not hand over the possession of the land to the Bhumiswami on the expiry
of the lease or within seven days from the date of the order passed by the Tahsildar under sub-
section (3), the Bhumiswami shall be deemed to have been improperly dispossessed from his
land by the lessee and shall be entitled to relief under section 250.

Page no. 27 ……………… LLB Notes by Vishal Naredi