Class Notes

on
M.P. Land Revenue
Code, 1959
Prepared By:
Shashwat Jain

Note for Students:

These notes are only for the purpose of providing you a simple explanation of
important and complex provisions. It is advisable to use this as a supplement
to the bare act and not as its substitute.
 M.P. Land Revenue Code, 1959
(Act, 20 of 1959)
Enforced: Oct. 2, 1959
Enacted: Sept. 15, 1959
The Code is divided in 19 Chapters and contains 264 Sections.

It aims to Regulate:
• Land Revenue,
• Power of Revenue Authorities
• the rights and liabilities of landholders, tenure
• and related matters.
MPLRC is consolidation of the land laws of the following regions:
• Mahakoshal region,
• Madhya Bharat region,
• Bhopal region,
• Vindhya Pradesh region and:
• Sironj region.
Therefore, it is called a CODE.

On 1st November, 1956, MP was formed by bringing the aforesaid regions

together. Code applies to both agricultural and non-agricultural lands
unless, specifically exempted. Code generally applies to rural areas and
agricultural lands. Urban lands are typically governed by municipal laws and
urban development regulations. [Refer s. 2(1)(z4)]. In some occasions, it can
apply to urban lands (Transition or Incomplete status)

• BRIEF HISTORY of Codification of Land Revenue Laws.

Zamindari System:
• During British times, land revenue was the major source of income of
the East India company. To collect the land revenue, Governor General,
Lord Cornwallis introduced the Zamindari System under the Permanent
Settlement Act, 1793.
 • It was basically an agreement between the company and the
Zamindars (Landowners) to fix the land revenue. 10/11th of the
Revenue collected by the Zamindars was taken away by the Company
leaving almost nothing to the Zamindars.
• This led to exploitation of the peasants by the Zamindars as they started
collecting more revenue for their own benefits.
Post-Independence, Zamindari Abolition Act was passed and the States
made their own laws for the purpose of the collecting the land revenue.
Chapter 2: Board of Revenue

Sec. 3: Constitution of Board (President and 2 other Members).

Sec. 4: Principal Seat is in Gwalior. Members may to sit any other
place notified by the State Government.
Sec. 5: Eligibility:
 May be appointed as a HC judge OR.
 Held the post of Collector or above rank for minimum 5 years.
State Govt to prescribe the terms and conditions of service.
Sec. 6: Salary and allowances shall be charged on the Consolidated fund
of the State.
Sec. 7: Jurisdiction to the board is conferred either by Law or by the
Central or the State government through a notification
Sec. 8: Power of Superintendence.
Sec. 9: Functions of the board can be exercised by the benches. Benches
can have one or more members.
Chapter 3: Revenue Officers

Sec.11: Classes of Revenue Officers.

1. Commissioner:
1. Principal Revenue Commissioner
2. Commissioner
3. Additional Commissioner.
4. Commissioner for Land Records.
5. Additional Commissioner for Land Records.

2. Collector:
1. Collector
2. Additional Collector.
3. Assistant/Joint/Deputy.

3. Survey officer
1. District Survey Officer.
2. Deputy Survey Officer.
3. Assistant Survey Officer

4. Sub-Divisional Officer

5. Tehsildar:
1. Tehsildar.
2. Additional
3. Naib Tehsildar

6. Superintendent Land Records:

1. Sup. Land Records.
2. Assistant.
Commissioners Appointment Jurisdiction Numbers
Principal S. 13-A: By Head of the Revenue 1 for the State.
Revenue State Department of State.
Government
Commissioner Sec. 14: State Division 1 for each Division
Govt.
Additional Sec: 15 State Division 1 or more in a
Commissioner Govt. Division.
Commissioner Sec: 62, State For the management 1 in the Division.
Land Records Govt. of the Land Survey
and Land Records.
Additional Sec: 63, State For the management 1 or more in a
Commissioner Govt. of the Land Survey Division.
Land Records and Land Records.

Collectors Appointment Jurisdiction Numbers

Collector S. 16: by State District. 1 for the

Govt. District.

Additional Collectors Sec. 17: State Govt. District. 1 or more

each District

Assistant/Joint/Deputy Sec: 18 State Govt. District. 1 or more in a

District
Survey Officers Appointment Jurisdiction Numbers
Sec.65
District Survey Officer Collector shall be For the
the District Survey management
Deputy Survey Officer Officer. of the Land
Sub-Divisional Survey and
Assistant Survey Officer Officer shall be the Land
Dy. Survey officer. Records in
 Tehsildar Shall be the District,
Assistant Survey Subdivision
Officer. and Tehsil
respectively.

Revenue Officers Appointment Jurisdiction Numbers

Sub Divisional Sec. 22, Collector In charge of one or 1 or more.

officer to place any more Subdivision
Asst./Joint/Dy
collector.

Tehsildars (All Sec. 19: State For the District Any Number
Kinds) Govt. Collector will place 1 Tehsildar
them in the Tehsils for 1 Tehsil
and any
numbers of
Additional or
Naib
Tehsildar.
Superintendent Sec: 20 State District Any Number
Land Records Govt.

Subordination of Revenue Officers: [Sections 12, 23 and 65 (2, 3, 4)]

• All Revenue officers, subordinate to the State Government.
• Revenue Officers in Division, subordinate to the Commissioner.
• Revenue Officer in District, subordinate to the Collector.
• Revenue officers in Sub-Division, subordinate to the Sub Divisional
officer.
• Naib tehsildar is subordinate to Tehsildar.

Section 24: Conferment of the Powers of the Revenue Officers.

State Government may confer the powers of the RO to:
• Public Servants appointed by the State Government and
 • Local Bodies.
Following Powers cannot be Conferred:
• Power of the appellate Authority u/s. 44
• Power of Revisional Authority u/s. 50
• Powers of Collector under certain sections.
• Powers of Sub-divisional Officer under certain section.
Chapter 4: Procedures
Powers of Revenue Officers
Revenue officers have several powers under the M.P. Land Revenue Code,
like:
• Power to enter upon and survey the land.
• Power of Revenue Courts.
• Power to require attendance and to oblige the attendance of
witnesses.
• Power to adjourn the hearing.
• Power to award costs.
• Order can be reversed or altered.

Chapter 4 contains the procedure for the exercise of that power.

Section 28: Power to enter upon and survey the land.

 Powers under this section:
• To enter upon and survey the land.
• To demarcate or define the boundaries.
• To perform any other duties.
 Powers conferred upon:
• Any Revenue Officers u/s. 11.
• Revenue Inspector.
• Nagar sarvekshak.
• Patwari.
• Their workmen when under observation and control.
 Restrictions:
• No damage more than what is necessary be made.
• For the purpose of Dwelling house, consent of the occupier is
required and minimum 24 hours’ notice to be provided before
entry.

Section 31 confers Status of Court on Board and Revenue Officers.

  For the purpose of determining any question arising between the state
government and any person or between parties to any proceedings.

Section 32 preserves the Inherent Powers of the Court that can be exercised
for the ends of justice or to prevent the abuse of the process of the Court.

To exercise the powers of a COURT effectively, the following powers are vested:

• Power to require attendance of persons and production of the

documents and to receive evidence u/s. 33
• Power to compel attendance of the witness by either bail or
security or imposing fine u/s. 34
• Power to adjourn the hearing u/s. 36.
• Power to award costs u/s. 37.

Ex Parte hearing under Section 35.

• Court can proceed to determine the case finally or dismiss it in default
in absence of a party who has not appeared even after notice or the
summons has been duly served.
• If the court passes an ex parte order, aggrieved has a right to apply for
before the Court which passed the order within 30 days from the date
or knowledge of the order.
• If the above application for setting aside the ex parte order is
rejected, party may appeal. (Indirect Appeal)
• Any order passed as above shall be appealable if it is decided on merits.
(Direct Appeal)

Note: Ex-parte ordering dismissal in default is appealable only when an

application is rejected in which setting aside of the order was sought.

Section 42 provides that the Order of a Revenue officer can be reversed or

altered in an appeal or revision on account of any Error/ Omission/
Irregularity when it has occasioned a failure of Justice
Transfer of case. (Sections 29 and 30)
• Board may transfer cases from one revenue officer to another of equal
rank in whole of the state.
• Commissioner may transfer cases in the division.
• Collector or SDO may transfer, make over or withdraw any case.
• Making over a case for the purpose of inquiry can be made by the
Commissioner, Collector, SDO and Tehsildar.

Execution of order to deliver possession of immoveable property.

(Section 38)
Manners:
• Serve notice and give reasonable time to vacate the land.
• If notice is not obeyed, remove and if officer is resisted or obstructed by
any person,
• Reasonably necessary force could be used.
Also, the summary inquiry be initiated against the person obstructing and if
the obstruction was found without any reasonable cause, he/she may be
punished under any law for the time being in force.
Chapter 5: Appeal, Review & Revision

Appeal. (Section 44)

• Will lie from every “original order” unless specifically excluded, [Ex. S.
35(5), 46]
• Original order includes any order passed in the review which is reverse or
varies from the order for which review was made. [Sec. 44(4)]
• There are provisions for first and second appeal.
• First appeal can be made from the revenue officer of the lowest rank i.e.,
Tehsildar (No authority below him has the powers to make orders of
judicial in nature.)
• Second appeal, on the other hand, is made from the orders of the passed
in the first appeal.
• There can be no second appeal from the order passed in first appeal by the
Board. However, the order of the board can be challenged before the HC
under Art. 227 of Constitution of India
• Second appeal can be filed only upon any of the grounds given in Sec.
44(3).

First Appellate Authorities.

Original Order passed by: Appeal to:

Officer below Sub Divisional Officer. SDO.

Officer below Dy. Survey Officer. Dy. Survey Officer.
Sub Divisional Officer. Collector.
Dy. Survey Officer. District Survey
Officer.
Asst./Joint/Dy. Collector Or. Collector.
By authority to whom power is conferred u/s. 24
District Survey Officer or Collector Commissioner.

Commissioner. Board.
RO directed u/s. 12(3) RO directed by state
govt.
Second Appellate Authorities and grounds for second appeal.

Order in first appeal passed by: Appeal to.

SDO, Dy. Survey officer, Collector or District Commissioner

Survey Officer.

Commissioner. Board.

Grounds:
1. Original order is reversed or varied in the first appeal otherwise than in
the matter of cost.
2. Order is contrary to or has failed to determine any material issue of:
i.) Law or ii.) Usage having force of law.
3. There is any procedural error or defect in the proceedings which has
affected the decision of the case upon merits.

Limitation for filing first or second appeal [Section 47]: 45 days from the
date of order or, where it is passed ex-parte, from the communication of the
order to the other party

No Appeal in certain cases. (Sec. 46)

• No First Appeal against:
• Orders allowing or rejecting an application for i. Condonation of
delay u/s. 5 ILA or ii. Stay
• Rejecting application for review.
• Orders of interim nature. (which do not decide the case finally
and are passed for the facilitation of the final adjudication of the
case)
• Orders passed under certain provisions like Sections 29,30, 104,
106, 114A etc.
• No Second Appeal:
• Orders passed in first appeal against the original orders passed
u/s 131(1), 134, 173, 234, 239, 240, 241, 242, 244 and 248.
 • Section 170-D

Powers of appellate authority. (S. 49)

• Admit the appeal and serve the notice upon the defendant of the date
of hearing. After hearing the parties, order may be varied, reversed or
confirmed. It may also take additional evidence.
• Reject the appeal summarily after calling the records and hearing the
appellant.
• Appellate authority may also remand the case back to the sub-ordinate
officer for its disposal. However, this power cannot be exercised
ordinarily.
(Remand: Sending the case back to the lower court for re-consideration and
disposal)
Revision (Sec. 50)

Section 50 of the Code provides that any application for revision can be made
against any order on any of the following grounds:
1. Excess jurisdiction: RO exercises jurisdiction not vested on him/her.
2. RO failed to exercise proper jurisdiction so vested on him/her.
3. RO has acted illegally or with material irregularity while exercising
his/her jurisdiction.

Authorities:
Order passed or case Revisional Authority.
decided by:
Commissioner. Board. (Own Motion or on Application)
Collector or District Survey Commissioner. (Own Motion or on
officer. Application)
RO below Collector or District Collector or District Survey Officer. (Own
Survey Officer Motion or on Application)

Limitation: When a party to the proceedings wants to prefer an application

for revision under this section, he shall make the application within 45 days
of such order or its communication thereof, to the party.

No Revision Application can be made under the following circumstances:

1. When the order is appealable under this code.

2. When the order is passed in the second appeal.
3. When the order is passed in revision.
4. When the order is passed u/s. 210 by the commissioner.

The power of revision should be exercised in a careful and restrictive manner.

Authorities are not allowed to vary or reverse the order ordinarily except under
the following circumstances:
  The order would have finally disposed of the proceedings, had it been
in the favour of the party applying for revision.
Or,
 If the order would cause failure of justice or cause irreparable injury to
the party against who it was made.

No order shall be varied or reversed unless the parties have been given an
opportunity of being heard in that regards.

If a revision proceeding has started against an order passed in a proceeding

before a Revenue officer, then the revision proceedings will not operate as a
stay of the proceedings before the Revenue officer unless stay has been
specifically ordered by the Authority.
Review (Section 51)

Review of an order is made before the same adjudicating authority which

has passed the order. This power can be exercised by the Board or any
revenue officer, that means even a Superintendent of Land Records is
empowered to review the order passed by himself or by his/her predecessor
in office. Further, if an order is passed in any appeal or revision shall be
reviewed by the appellate or the revisional authority.

Review can be done either Suo-moto or upon the application made by any
party interested within 45 days of the date of the order.

Sanction of the Board is required by the Commissioner, Collector or District

Survey Officer if the order sought to be reviewed is not passed by himself and
is passed by his predecessor in office.

Sanction in writing, of Collector or District Survey Officer is required by any

RO subordinate to him for reviewing any order passed by such RO or any
predecessor in office.

Grounds for Review:

 Mistake or error apparent on the face of the record.
 Discover of new and important matter or evidence which could not be
produced at the time when order or was not in the knowledge of the
applicant even after due diligence.
 Any other sufficient reason.

Restrictions on the powers of review.

 No order shall be varied or reversed in review unless the parties
interested have been heard in support of the order.
 No review, if there is any appeal or revision pending against the order.
 Order passed in regards to the rights between the private persons shall
be reviewed only upon the application of a party.
Collector shall be deemed as successor in office of any RO who has
 Left the district or
 Who has ceased to exercise powers and to whom there is no successor.
Stay of execution of orders (Section 52)

Stay of execution orders means staying the order from coming into effect or
operation.

Order can be stayed by a RO for two purposes:

 Enabling a party to file an appeal or revision against the order and;
 Obtaining a stay order from the appellate or revisional authority.

Once stay is granted, it will continue for the time which is required for filing
an appeal and obtaining stay or as mentioned in the order.

Further, order can also be stayed by the revisional or appellate authority while
the appeal or revision is pending for such time as it thinks fit. Stay can also
be granted when order is under Review. However, such stay shall not be more
than the three months at a time or until the date of next hearing, whichever
is earlier.

Stay order shall be passed only in accordance with this section and no other.
Authority directing stay may impose such conditions or order such security
to be furnished as he or it thinks fit.

Section 56 (Order Defined)

For the purpose of this Code, Order means the formal expression of the
decision given by the Board or Revenue Officer in respect of any matter under
this Code.
Chapter 6: Land and Land Revenue.

Section 57: State ownership in all Lands.

 Section is based on Doctrine of Eminent Domain. It means that all the
lands belong to the State.
 Section declares that all lands, standing and flowing water, mines,
quarries, minerals and forest reserved or not, all rights in the sub-soil
of any land are the property of the State Government.

Section 58: Liability of land to payment of land revenue.

 All lands are liable to the payment of land revenue to the State
irrespective of the purpose for which it is used and its location.
However, it needs to be in the State of MP.
 Aforesaid liability can be exempted, either wholly or partially, either
under this Code or by special grant or contract with the State
Government or where notification has been issued by the notification,
issued in this behalf by the State Government.

Section 58: Exemption from payment of land revenue.

 The following lands are exempted from the payment of Land Revenue.
o Agricultural Lands measuring up to 2 hectares.
o Non-agricultural Lands as notified by the State Government.
 Aforesaid measurements shall be done by taking into account any
holding which is held individually by a person or jointly with some other
person in the entire state of MP.

Section 59: Land Revenue shall be assessed with reference to the

following use of Land.
 Purposes for which the land can be used:
o Agricultural.
o Dwelling/Residence.
o Educational
o Commercial
 o Industrial, including mines and minerals
o Any purpose notified by the State Government.
 Diversion: It means to change the purpose for which the land was being
used and using the land.
 Once a land is diverted for another purpose, its land revenue has to be
reassessed at the rates which are prescribed for the purpose for which
it was diverted. Also, if the land was exempted from the payment of the
land revenue because of the purpose for which it was used, then after
the conversion, the land shall be liable, payment of land revenue at the
rate prescribed for the post diverted purpose.
 It will be the duty of the Bhumiswami of the holding, which has been
diverted, to assess the premium and the land revenue. Thereafter,
deposit the total amount and send the receipt thereof to the SDO along
with the written intimation of such diversion. If the Bhoomi Swamy fails
to give such intimation, he shall be liable for the penalty equal to the
50% of the total payable amount. However, he shall only be liable to pay
the of reassessed land revenue for the maximum period of five years in
case he fails to intimate the SDO for more than five years.
 The SDO shall, on the receipt of intimation, make an enquiry into the
correctness of the amount deposited by the Bhumi Swami. Thereafter,
the SDO shall either confirm the total payable amount or inform the
Bhumi Swami the correct amount that should have been deposited by
the Bhumi Swami.
 If the amount deposited by the Bhumi Swami is in excess of the total
payable amount or is in deficiency then the difference shall be adjusted
within 60 days from the date of receipt of the information of the correct
amount payable by the Bhumi Swami.
 The land shall be deemed to have been diverted from the date of written
intimation by the Bhumi Swami to the SDO.
 If the SDO fails to communicate the correct amount to the Bhumi
Swami within five years from the date of intimation given by the Bhumi
Swami, then the arrears of the reassessed land revenue shall not be
payable for a period exceeding five years.
  The diversion can only be done for the lawful purposes. Any competent
court can take action against the unlawful diversion.
 The rates at which the premium and the land revenue shall be assessed
will be the same as prevailing on the date of the written intimation by
the Bhumi Swami or on the date of the order imposing the penalty on
Bhumi Swami was made by the SDO.

Section 59A: Assesment when to take effect.

 The amount shall be assessed from the date on which the land was
diverted.

Section 60: Assessment of Unassessed Lands.

 Land remained unassessed for the land revenue shall be made by the
Collector.
Chapter 7: Land Survey

Section 61: Definition of Land Survey.

 It means all or any of the following activities done under this Chapter:
o 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.
o 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.
o Grouping of the survey numbers and blocks into villages in non-
urban areas and into sectors in urban areas and activities
incidental thereto.
o 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.
o Preparation or revision or correction of field map, as the case may
be.
o Preparation of record of rights, in order to bring the land records
up to date in any local area.
o Preparation of any other record, as may be prescribed.

Section 62 and 63 provides for the appointment of the Commissioner Land

Records and Additional Commissioner Land Records. Section 65 provides for
the appointments of other revenue officer for the purpose of the management
of the land survey. [These provisions have been discussed in Chapter III]

Section 64 provides for the opening and closing of Land Survey in a tehsil
area by the Commissioner Land Records by the way of notification.
Section 66 states that the powers of the Collector, Sub-divisional officer and
Tehsildar, in respects of lands under survey under this chapter, shall be
exercised by the District Survey Officer, Deputy Survey Officer, Assistant
Survey Officer respectively.

Section 67 under this Section, the District Survey Officer is empowered to

measure the land and divide them into survey numbers and block numbers,
thereafter divide the blocks into plot number. He can also recognise,
reconstitute or form the existing survey numbers, block numbers and plot
numbers. Thereafter, he shall make the groups of survey numbers and block
numbers to form a village, if the land is situated in rural area or form a sector,
if the land is situated in the urban area.

Plots recognised or made under MP Nagar Tatha Gram Nivesh Adhiniyam,

1973 shall be deemed to be a plot under this Code. No survey number or plot
number shall be made of an less extent/area than the minimum prescribed
except in cases where it is provided in this Code or approved in a development
plan of the area.

Section 68 vests power in District Survey Officer to renumber or sub-divide

or amalgamate survey number, block number and plot number. No division
or amalgamation of Plot numbers and Block numbers can be done if it falls
within the boundaries of layout approved under MP Nagar Tatha Gram Nivesh
Adhiniyam, 1973. In case of renumbering, the District Survey officer shall
correct the entries in all the records prepared or maintained under this Code.
In case a holding consists of several survey numbers and plot numbers, the
Land Revenue shall be assessed for each number by the District Survey
Officer.

Section 69: The area and assessment of the survey numbers, Plot number,
their sub-division and block numbers shall be entered in land records. It can
be noted that Block are not assessed for the Land Revenue.
Section 70 states that, the determination of the area that will be reserved for
the residence of the inhabitants of the village shall be done by the District
Survey Officer.

Section 71 provides for the power of the District Survey Officer to divide or
unite villages or sectors exclude area therefrom.

Section 72 states that the Assessment of the Land Revenue for the Land
under Survey shall be done by the District Survey Officer.

Section 73 declares that all lands under survey are liable to be assessed for
the payment of land revenue, irrespective of the fact that it is a holding of
someone or is lying vacant.

Section 74 imposes a duty of maintaining maps and record of the areas under
survey upon the District Survey Officer. In case land is not under Survey, the
duty lies upon the Collector.

Section 75 gives power to the SDO to correct errors in the area or assessment
of any survey, plot or block number due to mistake of survey or arithmetical
miscalculation and no land revenue shall be payable by reason of such
correction.

Section 76 vests the powers of District Survey Officer, Dy. Survey Officer and
Asst. Survey Officer on the Collector, Sub-divisional Officer and Tehsildar
respectively when the land is not under Survey.

Section 77 gives power to the State Government for making rules for carrying
out the land survey.
Chapter 9: Land Records

Authorities and Their Jurisdiction:

For the purpose of maintaining correct land records, three new authorities
have been appointed in this Chapter.

Before appointing the authorities, their jurisdiction is established by the

Commissioner Land Record under Section 104(1). He shall arrange two or
more village into a Patwari Halka that will be situated in the rural areas, once
the Patwari Halkas are made, they shall be arranged in a manner to form a
Revenue Inspector Circle under Section 105. Further, he shall also divide an
urban area into sector under Section 104(1). He can either create new, abolish
existing or the alter the limits of Patwari Halkas and Sectors.

Therefore, three new Jurisdictions mentioned above are made for the purpose
of maintaining the correct land records. After that, the Collector shall appoint
u/s.104(2), Patwaris for each Patwari halkas and Nagar Sarvekshak for
each Sector. For Revenue Inspector Circle, Collector may appoint u/s. 106,
a Revenue Inspector, who shall supervise the preparation and maintenance
of the land records and to do other duties as prescribed.

Land Records:
Defined u/s. 2(1)m and it consist of the records mentioned u/s. 114. The
following are the types of land records that are to be made for every area i.e.,
Urban as well as Village:

1. Village Map, Abadi Map, Block Map for all village area and Sector Map
for every urban area. These maps are prepared as per Section 107.
2. Record of rights u/s. 108 containing the following things:
 Names of Bhumiswamis, their holdings and the purpose for which
it is used.
 Names of the Government Lessees and their classes, if any, their
holdings and the purpose for which it is used.
 In both of the above cases, if the land is being used for the agriculture
purpose, then their area and status of irrigation shall also be
mentioned in the records.
 Names of all the persons having holdings in an abadi area of a
village or in any area of urban lands which was formerly
recognised as abadi area when such urban lands were not formed,
their holdings and their holdings and nature of interest and the
purpose for which it is used.
 Names, extent of interest in the land assigned or granted to any
person by the Government along with the conditions and
liabilities, if any, and the amount payable by them as Land
Revenue or Lease Rent.
3. Village Khasra or its Field Book and Sector Khasra and its Field Book.
4. Bhoo-Adhikar Pustika under Section 114-A.
5. Details of unoccupied land under Section 233.
6. Details of Diverted Lands.
7. Any other record as may be prescribed.
In addition to the above records, the following records shall also be prepared
for the Village area:
1. Nistar Patrak under Section 234.
2. Wajib-ul-arz under Section 242.
And, the following record shall also be prepared for the Urban area:
1. Land reserved for public purposes under Section 233-A

Bhoo-Adhikar Pustika (Section 114-A):

It is a kind of personal record of the holdings held by a Bhumiswami and the

Tehsildar may, on payment of such fees, provide it to every Bhumiswami. It
contains the details of all the holdings held by that Bhumiswami to whom the
Pustika is given. Pustika shall consist of two parts bound as one book. In case
of any wrong entry or incorrect entry in the Pustika, the Tehsildar can make
the correction after making enquiry.
Presumption as to entries in land record (Section 117):
All entries made in the Land Records prepared under this Chapter shall be
presumed to be correct until contrary is proved.

Corrections in Land Records:

1. Record of Rights: Any clerical error or any error which is admitted by
the parties interested, then the Collector may correct it under Section
113 and in case there is any dispute between two private parties,
regarding to correctness of any entry in record of rights, then the
Competent Civil Court may decide such dispute under Section 111. In
case, one of the parties is State Government, then the dispute shall be
decided by the Collector.

2. Bhu-Adhikar Pustika: Correction shall be made by the Tehsildar

either upon application or on own motion, after an enquiry under
Section 114-A(3).

3. Any other Land Record: Correction of wrong or incorrect entry in land

record other than mentioned above shall be made by the SDO under
Section 115 either upon his own motion or upon the application of any
aggrieved party. It is necessary for the SDO to conduct enquiry before
passing any order under this section. Further, in case where the entry
is sought to be corrected pertains to the period of prior to 5 years, then
SDO shall take sanction in writing from the Collector before taking
action.

Restrictions:
 No order shall be passed by the SDO under Section 115 before getting
a written report form the concerned Tehsildar and hearing the
interested parties.
 SDO is not empowered to pass any order under Section 115, if the
interest of Government is involved. In that case, Collector shall decide
the dispute.
Section 120 empowers the Revenue Officer, Revenue Inspector, Nagar
Sarvekshak or Patwari to take assistance of the Holder of land or plot in
recognising the boundaries of his land or plot for the preparation of maps and
records of rights.

Acqusition of rights and interest and procedure of Mutation.

Under the provision of Section 109(1) of the Code, any person who, lawfully
acquires any right or interest in land, shall report in writing such acquisition
to any of the following:
1. Patwari, if the land is in non-urban areas.
2. Nagar Sarvekshak, if the land is in Urban areas.
3. Any person authorised by the State.
4. Tehsildar.

In case, he fails to report as above, he shall be liable, at the discretion of the

Tehsildar, to a penalty not exceeding Rs. 5000/- under the provisions of
Section 109(4)

As per Explanation 1 and 2, Right includes any right created through

redemption of mortgage or determination of lease. However, the Right doesn’t
include any easementary right or charge on any property as specified in
Section 100 of TPA.

If the person who acquires any right is a minor or is otherwise disqualified as

under Section 2(s) of the Right of person with Disability Act, 2016, then his
guardian or other person having any charge of his property shall report as
above.

Once the report is made as above, and if it is made to Patwari or Nagar

Sarvekshak or any authorised person as the case may be, then as per Section
110(1) he shall enter such information in the register as prescribed.
Thereafter, he shall intimate to the Tehsildar as per Section 110(2), all the
reports regarding the acquisition of the Rights received by him within 30 days
from the receipt thereof.

Thereafter, Tehsildar shall as per Section 110(3), within 15 days from the
intimation as above or under section 109(1), -
1. Register the case.
2. Issue notice to the all the interested persons and to such other persons
and authorites as may be prescribed.
3. Display the notice on the Board in his office.
4. Publish the Notice in the concerned village or sector.
Chapter 10: Boundaries, Boundary marks and Survey Marks.

Section 124 provides for the Construction of boundary marks of villages,

sectors, survey numbers or plot numbers. It states that boundaries of all
village and sectors shall be demarcated by permanent boundary marks and
the State Government may order demarcation of survey, plot and block
numbers. Subsection 4 imposes the duty on the land holder to maintain and
repair the permanent boundary mark erected thereon.

Section 125: In case of dispute, regarding boundaries which has been fixed
as above, between villages, sectors, survey numbers, block number and plot
numbers shall be decided by the Tehsildar after local inquiry at which all
persons interested shall have an opportunity of appearing and producing
evidence.

Section 126 empowers Tehsildar to eject any person in a summary manner

who is found to be in wrongful possession of any land after demarcation.
(Section 248 contains similar provision)

Section 127: Duty of Land holder to affix, repair or renew the boundary
marks of his holdings if his holding is adjoining to any village road, sector
road, unoccupied land or land reserved for community purpose. In case he
fails to do so, Tehsildar may cause it done after giving notice to the him and
he shall also be liable to pay the cost for the work. The Cost shall be recovered
as an ‘arrear of land revenue.’

Section 128 provides for the procedure of the enforcement of repair of

boundary mark or survey marks. As per the section, it shall be the duty of the
holder to repair the defective marks. For the enforcement of repair, the Patwari
or Nagar Sarvekshak shall give a written notice to the holder for that purpose
and then the holder should make the repairs before the first day of March of
the next following year. In case of the failure of the land holder to repair the
marks, the Tehsildar or any other Revenue Officer empowered to do so, may
cause the repair and shall recover the cost of such repair from the holder
responsible along with the penalty which may extend to ₹1000 for every
boundary mark so repaired.

Section 129 provides for the procedure for the demarcation of the boundaries
of a survey number or of a sub-division of survey number or plot number.
Demarcation means the act of setting boundaries or limits.
 Tehsildar initiates the process of demarcation of the boundaries of a
survey number or of the sub-division of a survey number etc., upon the
application of a party. Tehsildar deputes a Revenue Inspector or Nagar
Sarvekshak to demarcate the boundaries.
 Before demarcating the boundaries, the Revenue Inspector or Nagar
Sarvekshak shall give notice to the parties interested, to neighbouring
land holders. After serving notice, boundaries will be demarcated and
boundary marks will be constructed and the report of the same will be
submitted to the Tehsildar in such a manner as prescribed. The
demarcation reports shall include the particulars of possession, if any,
of any person other than the Bhumiswami.
 Tehsildar may confirm the demarcation report after hearing the parties
including the neighbouring landholders or pass any such order as he
thinks fit.
 A party aggrieved from the confirmation order of the Tehsildar may
apply within 45 days from the date of the order or the date when it came
to knowledge of the Court, to Sub-divisional officer to set it aside on any
of the following grounds:
i. That notice was not served by the Revenue Inspector or Nagar
Sarvekshak before making demarcation report.
ii. Tehsildar did not give opportunity of hearing before making
order confirming the demarcation report or passing any other
order.
iii. Any other sufficient ground.
  Sub-divisional officer may, after hearing the interested parties and
making such enquiries, either confirm the original order or once again
depute the team for the demarcation once again.
 The team deputed by the sub-divisional officer shall follow the same
procedure which was followed by the Revenue Inspectors or the Nagar
Sarvekshak above for making the demarcation report, but this time the
demarcation report shall be submitted to the Sub-divisional officer.
 Thereafter, the sub-divisional officer may confirm the demarcation
report or make any other order as he deems fit.
 There can be no appeal or revision against any order or proceedings
taken under Section 129.
All the rules regulating the procedure that is to be followed by Tehsildar under
this section shall be made by the State Government.

Section 130: Tehsildar may impose penalty up to Rs. 5000 for each mark,
upon any person who wilfully destroys or injures, or remove without
authority, a boundary or survey marks.

Section 131: Tehsildar may decide, after enquiry, any dispute in relation to
the following:
 Route, other than the recognised roads, paths or common lands, by
which a cultivator shall have access to his fields or to unoccupied land
or pasture lands.
 Source of water or course of water for himself or the field of the
cultivator.
 Course by which water may be drained from the fields of the cultivator.

The Tehsildar may also pass an interim order under this section for providing
immediate relief, however, it shall be vacated on the expiry of the 90 days from
the date of the order unless vacated earlier.
Section 133: The procedure for removing obstruction on the recognised path
or roads, or common land of a village, water course or source of water or
drainage is given under this section.
 Tehsildar is empowered under the section to remove any obstruction or
encroachment which impedes free usage of any of the aforesaid things.
He may order the person responsible for such encroachment or obstacle
to remove it.
 In case the person so ordered fails to comply with the order then the
Tehsildar may cause the encroachment or obstacle to be removed and
the cost of such removal thereof may be recovered from the person
ordered as mentioned before, such person shall also be liable to pay the
penalty which may extend to Rs.10,000/- as directed by the order of
the Tehsildar in writing.
 As per S. 133(3), if the person fails to comply with the order made by
the Tehsildar for removal of obstruction or encroachment for more than
7 days from the date of the order, then Sub-divisional officer, shall,
without prejudice to the penalty as mentioned before, cause such
person to be apprehended and shall send him warrant to be confined
in a civil prison for a period of 15 days in case of first order of removal
of encroachment or obstruction and 6 months, in case of second or
subsequent order of removal of encroachment or obstruction. Before
apprehending and issuing warrant, sub-divisional officer shall hear the
person on why he should not be committed to the civil prison.
 If the Sub-divisional officer is satisfied that the obstruction or
encroachment has been removed, he may release the person so
detained before the expiry of the period mentioned in the warrant.
 It is pertinent to note that no woman shall be arrested or detained under
this section.

Section 134: Under this section, the Tehsildar may require persons liable
under Sections 131 or 133 to execute person bond of not more that Rs. 500
for abstaining from repetition of such act.
Section 135 provides for the procedure for the acquisition of land for road,
paths etc.
 Collector is empowered under the said section to acquire the land for
the aforesaid purpose.
 The land can be acquired by the Collector on his own or upon the
application of the villagers.
 Before making the order of the acquisition, the Collector shall make an
enquiry and must be satisfied that it is expedient to acquire any land
for the purpose of road not exceeding ten feet in width cart track or path
for the use of the village community in such village.
 Thereafter, he may call upon the residents of the village to deposit the
amount of compensation, payable to the owners of the land which has
to be acquired for the making of the land or the path.
 Once the deposit is made, the Collector may order the acquisition and
the said order shall be published in prescribed manner.
 Thereafter, the land shall be vested in the State Government absolutely.
 Any person claiming any interest in such land may apply to the
Collector within one year of vesting of land in the State Government for
the compensation in respect of his interest.
 Compensation shall be 15 times of the land revenue assessed for the
land acquired.
Chapter: 11 - Realisation of Land Revenue.

Section 137 declares that the land revenue shall be the first charge on the
land and on its rents and profits. It simply means payment of land revenue
takes priority over any other claims on the land's income or profits.

Section 138 makes the following person liable for the payment of the land
revenue assessed on the holding:
 Bhumiswami.
 Government lessee.
 If there are multiple Bhumiswamis or lessees in a holding, all of them
are jointly and severally liable for paying the land revenue on that
holding.

Section 147 - Recovery of Arrear Land Revenue: Section provides for the
process for collecting unpaid land revenue owed to the government. It is
collected by a Tahsildar.

Methods of Recovery:
 Attachment and Sale of Movable Property (a): This involves seizing
and selling movable assets belonging to the defaulter, such as vehicles,
livestock, or other valuable possessions.
 Attachment and Sale of the Holding (b): If the arrear is due on a
specific piece of land (holding), the Tahsildar can attach and sell that
land. If the holding consists of multiple sections, they may sell one or
more sections to recover the arrears. Before a holding can be sold to
recover dues owed to a cooperative society, a specific procedure outlined
in Section 154-A must be followed.
 Attachment and Sale of Other Immovable Property (c): In addition
to the holding itself, the Tahsildar can also attach and sell any other
immovable property owned by the defaulter, regardless of its location.
 Attach and Let out u/s. 154-A: The holding on which the arrear is
due or any other holding belonging to the defaulter that is used for
 agricultural purposes can be attached, and it can be subsequently let
out under Section 154-A.

Exemptions from Attachment and Sale:

Certain items and properties are exempt from being attached and sold:
 Personal Belongings: Essential items like clothing, cooking vessels,
beds, and personal ornaments, particularly those that hold religious
significance and cannot be taken away from women, are protected from
attachment.
 Tools and Implements: Tools used by artisans and implements of
husbandry used by agriculturists are exempt. However, modern
machinery and certain cattle may not be exempt if they are deemed
necessary for the defaulter's livelihood.
 Religious Items: Articles set aside exclusively for religious purposes
are not subject to attachment.
 House and Buildings: The houses, buildings, materials, and immediate
land related to an agriculturist's dwelling are generally protected.

Size Limit for Attachment and Sale (Proviso):

There are restrictions on the attachment and sale of land based on its size:
 In Scheduled Areas, land holdings of six hectares or less may not be
sold.
 In other areas, land holdings of four hectares or less may not be sold.

Attachment of Financial Assets (Sub-section 2): The Tahsildar can recover

arrears by attaching financial assets, including bank accounts or lockers.
This is done by serving a garnishee order to the institution holding these
assets. The process follows legal procedures outlined in the Code of Civil
Procedure.

Arrest for Large Arrears (Sub-section 3): In cases where the arrear of land
revenue exceeds Rs. 50 Lakhs, the Sub-Divisional Officer has the authority to
order the arrest of the defaulter. The defaulter can be confined to a civil prison
for up to fifteen days unless they pay the arrears earlier. However, a notice
must be issued before taking such action, allowing the defaulter to appear
before the Sub-Divisional Officer and present their case.

Exemptions from Arrest (Sub-section 4): Certain individuals are exempt

from arrest for arrears, as specified in the Code of Civil Procedure. This
exemption includes individuals covered under sections 133, 135, or 135-A of
the Code of Civil Procedure.

Withdrawal of Arrest Warrant (Sub-section 5): The Sub-Divisional Officer

has the authority to withdraw the arrest warrant if the defaulter pays a
significant portion of the arrears and provides adequate security. This
provides an opportunity for the defaulter to avoid imprisonment by settling
their debt partially and offering security for the remainder.

Section 150, deals with the payment of arrear land revenue before a property
is sold at an auction. If someone is facing proceedings under this chapter for
the recovery of unpaid land revenue, they have the option to make the
payment of the claimed amount at any time before their property is sold at an
auction. If the person makes this payment, the ongoing proceedings to recover
the arrear land revenue will be immediately closed.

In simpler terms, this section allows a person in debt for unpaid land revenue
to stop the sale of their property by paying the owed amount before the
auction takes place. Once they make the payment, the recovery process is
halted.

Section 151 specifies the order in which the proceeds from the sale of
property are used:
 First, the proceeds pay off the arrears of land revenue and sale
expenses.
 Then, they cover any arrears of taxes and other debts owed to the
government.
  Afterward, any arrears owed to a Cooperative Society are addressed.
 If there's any money left after these payments, it's returned to the
defaulter(s).
 However, the defaulter(s) can only receive the surplus after a waiting
period of two months for movable property or upon the confirmation of
sale for immovable property.

Section 152 deals with the status of land sold for arrears of land revenue.
1. Free from Encumbrances:
 Unless directed otherwise by the Sub-Divisional Officer, when someone
purchases land that has been sold due to unpaid land revenue, they
acquire it without any encumbrances.
 This means that any claims, burdens, or agreements on the land
imposed by any person other than the purchaser are not valid.
2. Special Consideration for Trees and Their Produce:
 Any transfer, grant, or contract related to trees or the products derived
from trees that belong to the bhumiswami of the land is considered a
grant or contract related to the land itself.
 This extends the principle of acquiring the land free from encumbrances
to include agreements related to trees and their produce on the land.

Section 154-A discusses the powers of the Tahsildar regarding the letting out
of a holding when arrears of land revenue are due or when money is
recoverable similarly to land revenue.

1. Letting Out the Holding (Subsection 1):

 When there are arrears of land revenue or money recoverable in the
same manner as land revenue (as per Section 155), the Tahsildar has
the authority to let out the holding in question.
 This holding can be the one on which the arrear is due or any other
holding owned by the defaulter that is used for agricultural purposes.
 The lease period cannot exceed ten years, starting from the first day of
the agricultural year following the decision.
  The terms and conditions of the lease are determined by the Collector.

2. Exception for Land Belonging to Aboriginal Tribes (Proviso):

 Land from a holding belonging to a member of an aboriginal tribe, as
defined under sub-section (6) of Section 165, cannot be leased to
anyone other than a member of the same tribe.

3. No Impact on Liability (Subsection 2):

 This section doesn't affect the liability of anyone who may be
responsible under this Code for paying the arrears of land revenue or
similar recoverable money.

4. Restoration of Holding (Subsection 3):

 After the lease period ends, the holding is returned to the person
concerned without any claims from the State Government regarding
arrears on that holding.
 Similarly, there are no claims from the State Government or any other
authority for recoverable money as if it were an arrear of land revenue
under Section 155 for which the holding was leased out initially.

5. Exception for Co-operative Society Dues (Subsection 3 - Proviso):

 The above-mentioned restoration does not apply to holdings attached
and leased out for the recovery of dues from a Co-operative Society if
the dues are not fully satisfied when the lease period ends.

In summary, Section 154-A grants the Tahsildar the power to lease out
holdings in cases of arrears of land revenue or similar recoverable money. The
lease is for a specified period, and there are exceptions for land belonging to
aboriginal tribes. After the lease period, the holding is restored without any
further claims, except in cases where Co-operative Society dues remain
unpaid.
Chapter 12: Tenure-holders

Section 157 and 158 states that there shall be only one class of tenure holder
and it shall be called Bhumiswami. The sections provides that:
 There is only one class of tenure-holders, known as "bhumiswami," who
hold land from the state.
 The definition of "bhumiswami" includes individuals who belong to
specific classes based on the region and the type of landholding they
possess.
 It also includes individuals who were rulers of Indian states and had
specific land rights before the Code came into force.

According to Section 158, the following persons shall be called Bhumiswami

under the Code of 1959:
1. In Mahakoshal Region: Individuals holding land in bhumiswami or
bhumidhari rights in accordance with the provisions of the Madhya
Pradesh Land Revenue Code, 1954.
2. In Madhya Bharat Region: Individuals holding land as Pakka tenants
or as Muafidar, Inamdar, or Concessional holders as defined in the
Madhya Bharat Land Revenue and Tenancy Act, Samvat, 2007.
3. In Bhopal Region: Individuals holding land as occupants as defined in
the Bhopal State Land Revenue Act, 1932.
4. In Vindhya Pradesh Region:
 Individuals holding land as pachapan paintalis tenants, pattedar
tenants, grove holders, or holders of tanks as defined in the
Vindhya Pradesh Land Revenue and Tenancy Act, 1953.
 Individuals holding land (excluding groves, tanks, or land
acquired for government or public purposes) as gair haqdar
tenants and eligible for a patta as per the provisions of the Rewa
State Land Revenue and Tenancy Code, 1935.
 Individuals holding land as tenants and eligible for a patta under
the Vindhya Pradesh Land Revenue and Tenancy Act, 1953, but
who failed to obtain such a patta before the Code came into effect.
 5. In Sironj Region: Individuals holding land as khatedar tenants or as
grove holders as defined in the Rajasthan Tenancy Act, 1955.
6. Rulers of Indian states forming part of Madhya Pradesh, who held land
or were entitled to hold land based on pre-constitutional covenants or
agreements, are considered bhumiswamis under the Code.
7. Individuals who hold land in bhumiswami right through leases or
allotments by the State Government or authorities are also deemed
bhumiswamis, subject to certain restrictions and permissions.
8. Section 181-A: Individuals who hold land in freehold right immediately
prior to the coming into force of the Madhya Pradesh Land Revenue
Code (Amendment) Act, 2018, shall be recognized as the bhumiswami
of such land.

Section 161 allows the Collector to reduce land revenue based on specific
grounds, such as land becoming unfit for cultivation due to uncontrollable
factors or revenue being assessed too high. The reduction takes effect in the
next revenue year, and if the reasons for the reduction disappear, the
Collector can revoke it after giving the landholder a chance to be heard.

Section 165 deals with the rights of bhumiswamis to transfer interests in

their land:
1. General Right to Transfer (Sub-section 1): A bhumiswami has the
general right to transfer any interest in their land, subject to other
provisions in this section and Section 168.
2. Restrictions on Mortgage (Sub-section 2):
 (a) A mortgage of any land by a bhumiswami is valid only if at least
five acres of irrigated or ten acres of unirrigated land are left free
from any encumbrance.
 (b) Usufructuary mortgages by bhumiswamis are valid for a
maximum of six years, and it must include a condition that, after
the specified period, the mortgage will be considered redeemed
without any further payment by the bhumiswami.
  (c) If a mortgagee in possession of land does not hand it back to the
bhumiswami after the specified period or six years (whichever
expires first), the mortgagee can be ejected by the Tahsildar as a
trespasser.
3. Restrictions on Interest Amount (Sub-section 3): When a bhumiswami
creates a mortgage other than a usufructuary mortgage, the total interest
amount under the mortgage cannot exceed half of the principal amount
advanced by the mortgagee.
4. Transfer Limitations (Sub-section 4):
 (a) Bhumiswamis cannot transfer land to individuals who, after the
transfer, would hold land exceeding the prescribed ceiling limits.
 (b) There are exceptions for transfers to institutions for public,
religious, or charitable purposes, industrial purposes, and
transfers by way of mortgage (with conditions).
5. Transfer Restrictions in Scheduled Areas (Sub-section 6): In areas
predominantly inhabited by aboriginal tribes, bhumiswamis belonging to
these tribes cannot transfer land unless authorized by a Revenue Officer,
and this applies to non-aboriginal bhumiswamis in certain cases.
6. Additional Transfer Restrictions (Sub-section 6-a): Bhumiswamis,
other than those belonging to aboriginal tribes, cannot transfer land
without the Collector's permission, with specific conditions for transfers
made within a certain time frame.
7. Review of Transfers (Sub-sections 6-b and 6-c): The Collector can
review and ratify or refuse to ratify transfers made against the prescribed
conditions. Several factors, including the purpose of the transfer and its
impact on the community, are considered.
8. Consequences of Refusal (Sub-sections 6-d and 6-e): If a transfer is
refused or invalidated, the transferee must vacate the land, and the
Collector may take possession and manage it on behalf of the
bhumiswami until they can re-enter.
9. Transfer of Agricultural Land (Sub-section 6-ee): Transfers of
agricultural land by non-aboriginal bhumiswamis to individuals not
 belonging to aboriginal tribes cannot be diverted for any other purpose
for ten years from the date of transfer.
10. Attachment and Sale Limitations (Sub-section 7): The attachment
and sale of land in execution of a decree or order are limited based on the
land's size. Additionally, land belonging to aboriginal tribes cannot be
attached or sold.
11. Prohibition on Receivership (Sub-section 7): No receiver can be
appointed to manage a bhumiswami's land, and it cannot vest in a court
or receiver, contrary to the provisions mentioned above.
12. Specific Prohibition for Certain Bhumiswamis (Sub-section 7-a):
Bhumiswamis specified in Section 33 of the Madhya Pradesh Bhoodan
Yagna Adhiniyam, 1968, cannot transfer land without the Collector's
permission.
13. Transfer Restrictions on Certain Lands (Sub-sections 7-b, 9, 9-a,
and 9-b): These subsections impose restrictions on transfers involving
land held from the State Government, land in bhumiswami rights under
Section 158(3), or land secured through loans or advances for specific
purposes.
14. Registration Restrictions (Sub-section 10): No document that
contravenes the provisions of this section can be registered under the
Indian Registration Act, 1908.
15. Transitional Provisions (Sub-section 11): This subsection clarifies
that the section does not invalidate valid transfers made before the Code
came into force or validate invalid transfers made before that date.

Section 166 pertains to the forfeiture of land in cases of certain transfers.

1. Contravention of Transfer Limits: This subsection deals with
situations where a transfer of land is made in violation of the provisions
specified in clause (a) of sub-section (4) of Section 165. Specifically, it
refers to cases where the transferee, after the transfer, holds land
exceeding the prescribed ceiling limit as per Section 165.
2. Forfeiture of Excess Land: In such cases, the law mandates that the
excess land, which is beyond the prescribed ceiling limit, must be
 forfeited to the State Government. The process involves the following
steps:
 The transferee has a prescribed period within which they should
select which portion of the land is to be retained, keeping it within
the ceiling limit.
 If the transferee fails to make this selection within the prescribed
period, the responsibility for selecting the forfeited land falls upon
the Sub-Divisional Officer.
3. Land Revenue Determination: Once the excess land has been
identified and forfeited, the Sub-Divisional Officer is tasked with
determining the land revenue for the remaining land retained by the
transferee. This is done in accordance with the prescribed procedures
and rules.

Section 168 deals with leases of land by Bhumiswamis.

1. Lease Duration (Subsection 1): A Bhumiswami is allowed to lease any
land within their holding that has been assessed for agricultural
purposes under section 59. However, the lease period cannot exceed
five years at a time.
2. Terms and Conditions (Subsection 2): The lessee (the person
receiving the lease) must adhere to the terms and conditions agreed
upon between them and the Bhumiswami. These terms are typically
determined through negotiations and should be mutually acceptable.
3. Tahsildar's Authority (Subsection 3): If the Bhumiswami believes that
the lessee has breached any material term or condition of the lease, or
if the lease has expired and the lessee has not renewed it, the
Bhumiswami can approach the Tahsildar. The Tahsildar has the
authority to order the lessee to surrender possession of the leased land
to the Bhumiswami.
4. Relief for Improper Dispossession (Subsection 4): If the lessee fails
to hand over possession of the land to the Bhumiswami upon the lease's
expiration or within seven days of the Tahsildar's order, the
Bhumiswami is deemed to have been improperly dispossessed of their
 land by the lessee. In such cases, the Bhumiswami is entitled to relief
under section 250 of the Code.

Explanation: This section provides some clarifications and definitions:

 It defines "lease" as a transfer of the right to enjoy land for a specified
period in exchange for a consideration, expressed or implied, in a price
paid or promised or of money or any other thing of value to be given
periodically to the transferor by the transferee.
 It specifies that any arrangement where a person cultivates a
Bhumiswami's land in exchange for a specified share of the produce is
considered a lease.
 A lease granted for a period exceeding five years is considered to have
been granted for five years.
 Certain activities, like cutting grass, grazing cattle, growing specific
crops (e.g., "singhara"), propagating or collecting lac, or
plucking/collecting tendu leaves, are explicitly excluded from being
considered leases of the land.
Section 168 outlines the rules for leasing land by Bhumiswamis, including
lease duration, terms and conditions, and the authority to address lease
violations. It also provides definitions and exclusions to clarify the scope of
leases.
Section 170 deals with the avoidance of transfers that are in
contravention of Section 165.
1. Transfer in Contravention of Section 165: This section applies to
cases where a Bhumiswami has transferred possession of their land in
violation of Section 165, specifically sub-section (6) of that section.
2. Applicant's Right to Seek Possession: Any person who, if they
survived the Bhumiswami without nearer heirs, would inherit the
holding, has the right to apply for possession of the land that was
transferred in contravention of Section 165.
3. Time Limit for Application: The time limit for making such an
application depends on when the transfer of possession took place:
  Till the 31st December 1978: If the transfer occurred prior to the
1st July 1976, an application can be made until the 31st
December 1978.
 Within Twelve Years: For subsequent cases, an application can
be made within twelve years of the transfer of possession.
4. Application to Sub-Divisional Officer: The applicant must apply to
the Sub-Divisional Officer to be placed in possession of the land. The
application should include an acceptance of the liabilities for arrears of
land revenue or any other dues that are charges on the holding.
5. Sub-Divisional Officer's Disposal of Application: The Sub-Divisional
Officer is responsible for handling and disposing of such applications
according to the procedure prescribed in the rules. The specific process
for dealing with these cases is determined by the rules established for
this purpose.
6. Set Aside of Sale: If any land of a Bhumiswami is sold in contravention
of sub-section (3) of Section 165, the Court that ordered the sale shall,
upon the application of the Bhumiswami or any person who would
inherit the holding if the Bhumiswami had no nearer heirs, set aside
the sale.
7. Possession of Land: After setting aside the sale, the Court will place
the applicant in possession of the land, subject to the condition that
the applicant accepts the liability for arrears of land revenue or any
other dues that are charges on the land.
In essence, Section 170 provides a mechanism for rectifying transfers of land
made in violation of Section 165, allowing eligible individuals to seek
possession of such land, provided they accept the associated liabilities.

Section 170-A deals with the setting aside of certain transfers of

agricultural land belonging to tribes declared as aboriginal tribes under
sub-section (6) of Section 165.
1. Scope of Section: This section applies to agricultural land transfers
made by holders belonging to tribes declared as aboriginal tribes under
sub-section (6) of Section 165. It covers transfers made by way of sale,
 decrees of courts, or through the accrual of rights of occupancy tenants
or Bhumiswamis during a specific period.
2. Enquiry by Sub-Divisional Officer: The Sub-Divisional Officer has the
authority to initiate an enquiry either on their own or in response to an
application made by the transferor. The purpose of this enquiry is to
determine the bona fide nature of the transfer.
3. Period Covered: The transfers under consideration must have
occurred during the period from October 2, 1959, to the date of
commencement of the Madhya Pradesh Land Revenue Code (Third
Amendment) Act, 1976.
4. Setting Aside of Transfer: If, after conducting the enquiry and
providing a reasonable opportunity for affected parties to present their
case, the Sub-Divisional Officer is satisfied that the transfer was not
bona fide, they have the authority to take the following actions:
 For transfers made by holders belonging to aboriginal tribes, the
Sub-Divisional Officer may set aside the transfer and restore the
land to the transferor, putting them in possession of the land
immediately.
 In cases where the land has been diverted for non-agricultural
purposes, the Sub-Divisional Officer will determine the price the
land would have fetched at the time of transfer. They will then
order the transferee to pay the difference, if any, between the
price fixed and the price actually paid to the transferor within six
months.
This section is designed to protect the interests of holders belonging to
aboriginal tribes and ensure that transfers of agricultural land to non-tribal
individuals are genuine and not conducted to circumvent the law.

Section 170-B deals with the reversion of agricultural land belonging to

members of aboriginal tribes, which was transferred by fraud.
1. Notification Requirement: Any person who is in possession of
agricultural land that originally belonged to a member of an aboriginal
tribe, and the land was transferred between October 2, 1959, and the
 commencement of the Amendment Act of 1980, must notify the Sub-
Divisional Officer within two years of the commencement of the
Amendment Act of 1980. This notification must include information on
how they came into possession of such land.
2. Presumption of Unlawful Possession: If a person fails to provide the
required notification within the specified period, it will be presumed
that they have been in possession of the agricultural land without
lawful authority.
3. Reversion of Land: In cases where the notification is not provided or
when fraud is detected, the agricultural land will revert to the person to
whom it originally belonged. If that person is deceased, the land will be
inherited by their legal heirs.
4. Role of Gram Sabha: In Scheduled areas referred to in Clause (1) of
Article 244 of the Constitution, if a Gram Sabha finds that a person who
is not a member of an aboriginal tribe is in possession of land belonging
to an aboriginal tribe without lawful authority, the Gram Sabha must
restore the possession of such land to its original owner or their legal
heirs. If the Gram Sabha fails to do so, the matter should be referred to
the Sub-Divisional Officer, who must restore possession within three
months.
5. Enquiry by Sub-Divisional Officer: Upon receiving the required
information, the Sub-Divisional Officer is obligated to conduct an
inquiry into all relevant transfer transactions. If the Sub-Divisional
Officer finds that a member of an aboriginal tribe has been defrauded
of their legitimate right to the land, they have the authority to take the
following actions:
 If no building or structure has been erected on the agricultural
land prior to the finding, the Sub-Divisional Officer will declare
the transaction null and void and revert the land to the transferor
or their legal heirs.
 If a building or structure has been erected on the agricultural
land before the finding, the Sub-Divisional Officer will determine
the price of the land based on the principles laid down in the Land
 Acquisition Act, 1894. The person referred to in sub-section (1)
will be required to pay the difference, if any, between the price
fixed and the price actually paid to the transferor.
 However, if the building or structure has been erected after
January 1, 1984, the provisions related to fixing the price will not
apply.
 Additionally, the price fixation under clause (b) will be with
reference to the price on the date of registration of the case before
the Sub-Divisional Officer.
This section is designed to address situations where members of aboriginal
tribes have been defrauded of their land rights and to ensure that such land
is returned to its rightful owners or their legal heirs.

Section 176: Abandonment of Holding

Section addresses the situation where a Bhumiswami ceases to cultivate their
holding for a specified period and fails to pay land revenue. It outlines the
steps and procedures to be followed in case of such abandonment.
1. Conditions for Abandonment: If a Bhumiswami does not cultivate
their holding for a continuous period of five years, either personally or
through another person, and also does not pay the land revenue, and
has left the village where they usually reside, then the conditions for
potential abandonment are met.
2. Role of the Tahsildar: The Tahsildar, a revenue officer, plays a pivotal
role in the process. After conducting the necessary inquiry, the
Tahsildar has the authority to take possession of the land comprising
the holding.
3. Arrangement for Cultivation: Once in possession of the land, the
Tahsildar can arrange for its cultivation on behalf of the Bhumiswami.
This arrangement is typically made for one agricultural year at a time.
4. Claiming the Land: The Bhumiswami or any other person lawfully
entitled to the land has the opportunity to claim it back. This claim
must be made within five years from the commencement of the
agricultural year following the date when the Tahsildar took possession.
 The land will be restored to the claimant upon payment of any
outstanding dues and under terms and conditions set by the Tahsildar.
5. Declaration of Abandonment: If no claim is made within the specified
period or if a claim is made but disallowed, the Sub-Divisional Officer,
after conducting an appropriate inquiry, has the authority to declare
the holding abandoned. Once declared abandoned, the holding vests
absolutely in the State Government from a specified date.
6. Liability for Arrears: In the event of a holding being declared
abandoned, the Bhumiswami's liability for any arrears of revenue due
from them in respect of that holding is discharged.
This section provides a mechanism to address cases where landholders
abandon their holdings, ensuring that the land does not remain idle and
unproductive. It also outlines the process for reclaiming the land by the
Bhumiswami or other lawful claimants within a specific timeframe.

Section 177 deals with the disposal of holdings in cases where a

bhumiswami dies without known heirs.
1. Taking Possession: If a bhumiswami who owns land for agricultural or
dwelling purposes dies without any known heirs, the Tahsildar (a
revenue officer) is empowered to take possession of the land.
2. Leasing the Land: The Tahsildar, after taking possession, has the
authority to lease the land for a period of one year at a time. This leasing
can be done to utilize the land and prevent it from remaining unused.
3. Claim by an Applicant: If, within three years from the date the
Tahsildar took possession of the land, any person claims to be the
rightful owner or heir of the deceased bhumiswami and applies for the
holding to be restored to them, the Tahsildar will conduct an inquiry
into the claim.
4. Decision by Tahsildar: After the inquiry, the Tahsildar has the
discretion to either place the claimant in possession of the land or reject
their claim.
5. Legal Recourse: The order passed by the Tahsildar under subsection
(2) is not subject to appeal or revision. However, if a claimant's claim is
 rejected, they have the option to file a civil suit within one year from the
date of communication of the Tahsildar's order to establish their title to
the land.
6. Sale of Right: If no claimant appears within three years from the date
of the Tahsildar taking possession of the land, or if a claimant whose
claim has been rejected under subsection (2) does not file a suit within
one year as provided in subsection (3), the Tahsildar may proceed to
sell the deceased bhumiswami's right in the holding by auction.
7. Entitlement of Claimant: If a claimant successfully establishes their
title to the land, they are entitled to receive only the rents payable under
subsection (1) (from the leasing of the land) and the sale proceeds
realized from the auction (if applicable). However, these amounts will
be reduced by any sums due on the holding for land revenue and the
expenses related to the management and sale of the land.
This section outlines the process for dealing with landholdings of
bhumiswamis who die without known heirs, including the possibility of
leasing the land, handling claims from potential heirs, and the sale of the right
in the holding if no valid claim is made within the specified timeframes.

Section 178 deals with the partition of a holding when there are multiple
bhumiswamis.
1. Application for Partition: If there are multiple bhumiswamis in a
holding that has been assessed for agricultural purposes under Section
59, any of the bhumiswamis can apply to the Tahsildar for the partition
of their share in the holding. This means that a co-owner can request a
division of the land.
 Proviso: If there is a dispute or question of title raised by any
party, the Tahsildar must stay the proceedings for a period of
three months to allow for the possibility of a civil suit being filed
to determine the title issue.
2. Civil Suit and Stay Order: If a civil suit is indeed filed within the
specified three-month period, and a stay order is obtained from the Civil
Court, the Tahsildar is required to suspend the partition proceedings
 until the Civil Court reaches a decision on the matter. If no civil suit is
filed within this period, the Tahsildar should vacate the stay order and
proceed with the partition based on the entries in the record of rights.
3. Tahsildar's Role: The Tahsildar has the authority to divide the holding
and allocate the assessment of the holding among the co-tenure
holders. This division should be carried out in accordance with the rules
established under the Madhya Pradesh Land Revenue Code.
Explanation I: According to this section, any co-sharer of the holding of a
bhumiswami who has obtained a declaration of their title in such holding from
a competent Civil Court is considered a co-tenure holder of the holding. This
clarification helps define the status of co-owners in cases where one co-owner
has already established their title through a court declaration.
In summary, Section 178 allows for the partition of a holding when there are
multiple bhumiswamis, with provisions for handling disputes or questions of
title through civil suits and stay orders from the Civil Court. The Tahsildar is
responsible for carrying out the partition and apportioning the assessment
among co-tenure holders according to the established rules.

Section 181 defines the term "Government lessee" and identifies individuals
who are considered Government lessees in respect to land granted by the
State Government or Collector.
1. Definition of Government Lessee: A Government lessee is defined as
any person who holds land from the State Government or has been
granted the right to occupy land by the State Government or Collector.
This individual is not entitled to hold land as a bhumiswami, which
means they don't have full ownership rights over the land.
2. Transitional Provisions: Subsection (2) of this section provides
transitional provisions that apply to individuals who held land under
specific circumstances at the time the Madhya Pradesh Land Revenue
Code came into force:
 Subsection (2)(a): Individuals who held land in the Madhya
Bharat region as ordinary tenants as defined in the Madhya
 Bharat Land Revenue and Tenancy Act, Samvat 2007 (66 of
1950).
 Subsection (2)(b): Individuals who held land in the Vindhya
Pradesh region as special tenants as defined in the Vindhya
Pradesh Land Revenue and Tenancy Act, 1953 (III of 1955), or as
gair haqdar tenants of groves, tanks, or land that has been
acquired or is required for Government or public purposes.
 Subsection (2)(c): Individuals who held land from the State
Government in the Sironj region as gair haqdar tenants as
defined in the Rajasthan Tenancy Act, 1955 (3 of 1955).
According to these provisions, individuals meeting the specified criteria in the
transitional provisions are deemed to be Government lessees in respect to the
land they hold.
In summary, Section 181 establishes the term "Government lessee" and
includes individuals who hold land from the State Government or Collector
but do not have bhumiswami ownership rights. It also provides transitional
provisions for certain categories of landholders at the time the Madhya
Pradesh Land Revenue Code was enacted.

Section 182 pertains to the rights and liabilities of a Government lessee.

1. A Government lessee shall hold their land in accordance with the terms
and conditions of the grant. These terms and conditions are considered
a grant within the meaning of the Government Grants Act, 1895.
2. A Government lessee can be ejected from their land by the order of a
Collector on specific grounds, which include:
 Failure to pay the rent for a period of three months from the due
date.
 Using the land for purposes other than what it was originally
granted for.
 Expiry of the lease term.
 Violating any of the terms and conditions of the grant.
3. It is important to note that before passing an order for the ejectment of
a Government lessee, they must be given an opportunity to be heard in
 their defense. In other words, they have the right to present their case
and provide explanations or arguments before any eviction order is
issued.
This section outlines the rights and responsibilities of individuals who hold
land as Government lessees, including the circumstances under which they
can be ejected from the land.

Section 183 pertains to Service land and its conditions.

1. Any person holding land on the condition of rendering service as a
Kotwar (a local administrative position) shall lose their entitlement to
such land if they divert it to non-agricultural purposes.
2. The rights of a Kotwar in the service land cannot be transferred or made
transferable through methods like sale, gift, mortgage, or sub-lease,
except by way of a sub-lease for a period not exceeding one year.
3. In the event that a Kotwar dies, resigns, or is lawfully dismissed from
their position, the service land shall pass to their successor-in-office.
4. The rights of a Kotwar in such land cannot be attached or sold in
execution of a decree, nor can a receiver be appointed to manage such
land under Section 51 of the Code of Civil Procedure, 1908.
5. If a Kotwar violates or attempts to violate the provisions of subsections
(1) and (2), without prejudice to any action under this Code or any other
law, the service land may be reclaimed from them by the order of the
Tahsildar. The Kotwar or any other person who unlawfully remains in
possession of the land may be ejected under section 248.
6. Service lands situated in urban areas, areas with approved development
plans, or areas beyond the outer limit of urban areas, as notified by the
State Government, shall cease to be service land from the date notified
by the State Government. The Tahsildar shall make necessary changes
in the land records to reflect this change.
This section establishes the conditions and restrictions related to service land,
particularly in the context of individuals holding such land as Kotwars and
the limitations on its use and transfer.
Chapter 16:Consolidation of Holdings

Section 205 provides definitions related to the concept of consolidation of

holdings. Here are the definitions:
1. "Consolidation of holding" refers to the redistribution of all or any of
the land in a village with the aim of allocating continuous plots of land
to the bhumiswami for the convenience of cultivation.
2. "Consolidation Officer" refers to a Revenue Officer, not below the rank
of a Tahsildar, who is appointed by the State Government for a specific
district or districts. The Consolidation Officer is entrusted with the
powers and responsibilities associated with the consolidation of land
holdings as per the provisions of this Code.

Section 206 outlines the initiation of consolidation proceedings for land

holdings.
1. Any two or more bhumiswamis in a village who collectively hold not less
than the minimum area of land specified by rules (prescribed under
Section 221) can apply in writing to the Consolidation Officer for the
consolidation of their holdings. The application should include the
necessary particulars as prescribed by the rules.
2. The Collector has the authority to initiate consolidation proceedings in
a village without a formal application. He can direct the Consolidation
Officer to conduct an inquiry into the feasibility of consolidating land
holdings in that village.
3. If two-thirds of the bhumiswamis in a village apply for consolidation or
if, during an inquiry into an application under subsection (1) or initiated
by the Collector under subsection (2), two-thirds of the bhumiswamis
in the village submit an application agreeing to consolidation, that
application will be considered as representing the entire village's
interest in consolidation.
 4. When a scheme for the consolidation of holdings is confirmed in cases
falling under subsection (3), it becomes binding on all the bhumiswamis
of the village and any future landholders in that area.
5. In cases not covered by subsection (3), where a scheme for consolidation
is confirmed, it is binding on the applicants, those who have agreed to
consolidation, and any future landholders affected by the scheme.

Section 207 deals with the rejection of applications for consolidation of

land holdings.
1. If, upon receiving an application for consolidation of land holdings or at
any stage of the proceedings related to such an application, the
Consolidation Officer finds good and sufficient reasons for disallowing
the application or excluding a particular applicant from the
consolidation process, they may submit the application to the Collector.
This submission would include a recommendation to either reject the
application in whole or in part or to quash the proceedings.
2. Upon receiving the recommendation from the Consolidation Officer, the
Collector has the authority to take one of the following actions:
 Accept the recommendation and pass orders accordingly.
 Order further inquiry into the matter.

Sections 208 to 211 pertain to the process of consolidation of land

holdings.
Section 208: Admission of Application
If the Consolidation Officer determines that there are good and
sufficient reasons for disallowing an application for consolidation or
excluding any applicant from consolidation at any stage of the
proceedings, they may submit the application to the Collector with a
recommendation for rejection, either in whole or in part, or for quashing
the proceedings. The Collector can either accept the recommendation
or order further inquiry.
Section 209: Preparation of Scheme for Consolidation of Holdings
 1. If bhumiswamis (landholders) making the application for consolidation
under Section 206 submit a mutually agreed-upon scheme for
consolidation of holdings, the Consolidation Officer will examine it and
modify it if necessary.
2. If no scheme is submitted with the application, the Consolidation
Officer will prepare a scheme for the consolidation of holdings.
3. If the Consolidation Officer believes that the redistribution of land
under the consolidation scheme would result in allotting a bhumiswami
a holding or land of lesser market or productive value than their original
holding, the scheme may provide for compensation to be paid to that
bhumiswami by the person or persons directed by the Consolidation
Officer.
4. Once the scheme of consolidation is complete, the Consolidation
Officer, after addressing objections if any, will submit it to the Collector
for confirmation.
5. If all bhumiswamis affected by the scheme agree to enter into
possession of the holdings allotted to them under the scheme, the
Consolidation Officer may allow them to do so from a specified date.
Section 210: Confirmation of Scheme The Collector has the authority to
confirm the scheme of consolidation with or without modifications or refuse
to confirm it. The Collector considers objections, if any, to the scheme and
relies on the recommendations of the Consolidation Officer. The Collector's
decision is final, subject to any revision by the Commissioner under Section
50.
Section 211: Procedure on Confirmation
1. Upon confirmation of the consolidation scheme, the Consolidation
Officer, if necessary, demarcates the boundaries of the holdings.
2. The Consolidation Officer announces the final decisions made under
the scheme and prepares new records, including field maps, records of
rights, and other prescribed records, in accordance with the
consolidation scheme.
3. The new records prepared are deemed to have been prepared under the
relevant sections of the Land Revenue Code.
Section 212: Bhumiswamis affected by consolidation scheme are entitled to
possession of their allotted holdings from the next agricultural year, with the
Consolidation Officer's assistance if needed.

Section 214: No written instrument is needed for transfers in

consolidation schemes, and such instruments, if executed, do not require
registration.

Section 215: Costs of implementing a consolidation scheme are recoverable

from the affected bhumiswamis, apportioned according to occupied area, and
may be recovered as land revenue arrears.

Section 217: Partition proceedings affecting the consolidation scheme are

suspended during consolidation proceedings.

Section 218: Bhumiswamis cannot transfer or deal with their original

holdings to affect other bhumiswamis' rights during consolidation
proceedings.

Section 219: Bhumiswamis retain the same rights in their consolidated

holdings as they had in their original holdings.
Chapter 17: Village Officers

Appointment of Patels (Section 222):

 The Collector is authorized to appoint patels for each village or group of
villages.
 In cases where there are multiple patels in a village, the Collector can
distribute their duties as needed.
 Rules regarding the appointment and distribution of duties are
determined by the State Government.
Remuneration of Patels (Section 223):
 The Collector determines the compensation or remuneration for patels.
 The remuneration is established in accordance with rules established
by the State Government to ensure fair compensation for their services.
Duties of Patels (Section 224):
 Patels have several responsibilities, including collecting land revenue,
taxes, and government dues, deducting collection charges, and
depositing funds into the government treasury.
 They are required to provide regular reports on the village's status.
 Patels must prevent encroachments on public land and maintain
boundary markers.
 They are responsible for ensuring the village's cleanliness and
sanitation.
 Patels prevent unauthorized activities such as cutting wood or removing
minerals.
 They supervise kotwars and ensure they fulfill their duties.
 Additional duties may be assigned as prescribed by rules.
Removal of Patels (Section 226):
 The Collector has the authority to remove patels from their positions,
subject to rules defined by Section 258.
 Removal may occur due to negligence or failure to perform duties
effectively.
Punishment of Patels (Section 227):
  Negligent patels can face fines of up to one thousand rupees, as ordered
by the Tahsildar.
Appointment of Substitute Patel (Section 228):
 When a patel is temporarily unable to fulfill their duties, the Sub-
Divisional Officer can appoint a substitute patel for a maximum period
of six months.
 The substitute patel assumes the patel's responsibilities during their
absence or incapacity.
Entrustment of Village Management (Section 229):
 The State Government has the authority to entrust village management
or the duties assigned to a patel to a Gram Panchayat or, if a Gram
Panchayat is not in place, to a Gram Sabha.
 This provision allows for flexibility in village administration to ensure
that duties are carried out effectively, even without a patel.
Chapter 18: Rights in Abadi and Unoccupied Land.

Nistar Patrak:
 Section 234 sets the stage for creating the Nistar Patrak, which is vital
for managing unoccupied village land.
 Section 235 outlines what the Patrak must contain, covering topics
like grazing rights and resource access.
 Section 236 directs the Collector to include provisions for free grazing
and resource access, benefiting residents.
 Section 237 empowers the Collector to allocate unoccupied land for
different community needs, fostering sustainable development.

Section 234: Preparation of Nistar Patrak

 The Sub-Divisional Officer is responsible for creating a Nistar Patrak for
each village.
 This Patrak contains a plan for managing unoccupied village land and
associated matters.
 It must include specific details outlined in Section 235.

Section 235: Matters in Nistar Patrak

The Nistar Patrak should cover several key aspects, including:
 Rules for allowing cattle grazing within the village.
 Conditions for residents to access resources like wood, timber,
fuel, minerals, etc.
 General guidelines for cattle grazing and resource removal.
 Any other details required under this Code.

Section 236: Provision in Nistar Patrak for certain matters:

The Collector, while preparing the Nistar Patrak, should make
provisions for certain specific matters, including:
 Free grazing rights for cattle used for agriculture.
 Free removal of specified resources for residents' domestic
consumption.
  Concessions for village craftsmen to remove resources for their
craft.

Section 237: Collector's Allocation of Land

 The Collector can assign unoccupied land for various purposes,
following established rules.
 Permissible purposes include reserves for timber, fuel, pasture, burial
grounds, and more.
 There are provisions for diverting unoccupied land for specific
development projects, subject to restrictions and alternatives.

Wajib Ul Arz:
It is record of customs of a village in regards of the land not belonging to the
State Government. Section 242 provides for the preparation of Wajib Ul Arz
by the SDO. Section mandates the recording of village customs related to
various rights and practices. The recorded information, known as the Wajib-
ul-arz, must be made publicly accessible. Individuals can challenge or seek
modifications to these recorded customs through civil suits. The recorded
customs are generally considered final unless legally contested and altered by
a Civil Court. The Sub-Divisional Officer can amend or insert new entries in
the Wajib-ul-arz under specific circumstances.

Sub-section (1):
 The Sub-Divisional Officer, shortly after the implementation of this
code, must document and record village customs for:
 (a) Rights related to irrigation, access, or other easements.
 (b) Fishing rights in land or water not controlled by the State
Government or local authorities.
 This recorded information is referred to as the "Wajib-ul-arz" of the
village.
Sub-section (2):
 The recorded data from subsection (1) must be made public by the Sub-
Divisional Officer through a method defined by regulations.
Subsection (3):
 Any individual dissatisfied with an entry in the recorded customs can
file a lawsuit in a Civil Court within one year from the publication date
to seek modification or removal of the entry.
Subsection (4):
 The record produced in accordance with subsection (1) will be
considered final and conclusive, except when challenged and altered by
a Civil Court decision resulting from a suit initiated under subsection
(3).
Subsection (5):
The Sub-Divisional Officer has the authority, either upon request or
independently, to amend or insert new entries in the Wajib-ul-arz for
the following reasons:
 (a) All parties concerned agree to the modification.
 (b) A civil suit has declared an entry erroneous.
 (c) An entry was based on a decree or order that no longer aligns
with the current situation.
 (d) The decree or order on which the entry is founded has changed
due to an appeal, revision, or review.
 (e) A civil court has defined a custom in the village through a
decree.

Section 243 addresses the extension of residential areas (abadi) in villages.

If the existing abadi area is insufficient, the Collector can allocate more land
from the village's unoccupied land. In cases where there's a shortage of
unoccupied land, the State Government can acquire additional land for abadi
expansion. Land acquisition for abadi extension will adhere to the provisions
and compensation guidelines set forth in the mentioned 2013 Act.
Section 247: Government's title to minerals
1. State Government's mineral rights
 Unless otherwise stated in a government grant, all rights to minerals,
mines, and quarries are vested in the State Government.
 The State Government possesses the necessary powers for the proper
exercise of these mineral rights.
2. Extensive rights to mines and quarries
 These rights include not only mining and quarrying but also the right
to access land for these purposes.
 Additionally, they encompass occupying land for various subsidiary
purposes such as constructing infrastructure, offices, housing, and
transportation routes.
3. Delegation of powers to assignees
 When the government assigns mineral rights to an individual, the
Collector may delegate powers to the assignee.
 Delegation is subject to specified conditions and reservations.
 Prior notification and consideration of objections from affected parties
are prerequisites for delegation.
4. Compensation for infringement of surface rights
 Individuals whose surface rights are infringed due to mining or
quarrying activities must receive compensation.
 The Sub-Divisional Officer determines the compensation amount.
 If there is a dispute, the Civil Court decides the compensation, following
the provisions of "The Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013."
5. Approval required for surface occupation
 Assignees of the government's mineral rights cannot occupy the surface
of any land without prior approval from the Collector.
 Compensation must be tendered to those whose rights are affected.
6. Recovery of unpaid compensation
 The Collector can recover unpaid compensation from an assignee on
behalf of entitled individuals.
 Unpaid compensation is treated as an arrear of land revenue.
 7. Penalty for unauthorized mineral extraction
 Unauthorized extraction or removal of minerals from government-
owned mines or quarries may result in penalties.
 The Collector can order a penalty of up to four times the market value
of the extracted minerals.
8. Seizure and confiscation
 The Collector has the authority to seize and confiscate minerals
extracted from government-owned mines or quarries.
Explanation:
 The term "minerals" in this section includes sand or clay, provided that
the State Government designates them as having commercial value or
being required for public purposes.

Section 248 provides for the Penalty for Unauthorized Land Possession
1. Unauthorized land possession
 Anyone who occupies or remains in possession of unoccupied land,
abadi, service land, land designated for special purposes under Section
237, government property, or property belonging to any government
authority, corporation, or institution established under a state
enactment without authorization may be ejected summarily by the
Tahsildar.
2. Consequences of unauthorized possession
 If crops, buildings, or other structures are found on the unauthorized
land, the occupier must remove them within a stipulated time set by
the Tahsildar. Failure to comply results in forfeiture.
 Forfeited property is disposed of as directed by the Tahsildar.
 The cost of removing crops, buildings, or structures and restoring the
land to its original condition is recoverable as an arrear of land revenue.
 The person in unauthorized possession may also be subject to fines,
with a maximum of one lakh rupees, and an additional daily fine if the
occupation persists after ejection. The Tahsildar can use a portion of
the fine to compensate those who suffered losses or injuries due to the
encroachment.
3. Exemptions for certain regions
 In certain regions, the Tahsildar's powers regarding encroachments
made by buildings or structures are limited based on historical
timelines. These regions include Mahakoshal, Madhya Bharat, Vindhya
Pradesh, Bhopal, and Sironj, each with its specified cut-off date.
1-A. Fast-track resolution by Gram Panchayat
 If a Gram Panchayat passes a resolution concerning unauthorized
possession, the Tahsildar must initiate and conclude proceedings
within thirty days from receiving the resolution and communicate the
actions to the Gram Panchayat.
2-A. Detention for prolonged unauthorized possession
 If a person continues unauthorized occupation of land for more than
seven days after an ejectment order under subsection (1), the Sub-
Divisional Officer may cause their arrest.
 The person may be confined in a civil prison for a specific duration
(fifteen days for the first ejectment, six months for subsequent
ejectments).
 Procedures for arrest include a notice specifying a date for the
individual to show cause against detention. Exceptions apply for certain
types of encroachments and for women, who cannot be arrested or
detained under this subsection.
 The Sub-Divisional Officer can order release if satisfied that the
unauthorized occupation has ended.

Section 250: Reinstatement of Improperly Dispossessed Bhumiswami.

"Bhumiswami improperly dispossessed" refers to a Bhumiswami who is
dispossessed of land outside the due course of law or if someone continues
unauthorized possession of land that the Bhumiswami is no longer entitled
to. For this section, a Bhumiswami includes a government lessee. This Section
provides for the procedure for the reinstatement of such bhumiswami.
1. Show Cause Notice and Enquiry
 The Tahsildar has the authority to:
  Issue a show cause notice to anyone improperly occupying a
Bhumiswami's land, upon the application of the Bhumiswami or
their successor-in-interest.
 Conduct an enquiry to determine the grounds of possession.
 Initiate proceedings if he becomes aware that a Bhumiswami has
been improperly dispossessed, even without an application.
2. Restoration of Possession
 If the Tahsildar finds, after the enquiry, that a Bhumiswami has been
improperly dispossessed, he shall:
 Order the restoration of possession to the Bhumiswami.
 Put the Bhumiswami in possession of the land.
3. Interim Order
 During the enquiry, the Tahsildar may issue an interim order to the
person occupying the land if he finds that the Bhumiswami was
dispossessed by the opposite party within six months prior to the
application or commencement of suo motu proceedings.
 The person may be required to execute a bond to abstain from taking
possession until the final order is passed.
 If the person violates the bond by entering or taking possession, the
Tahsildar may forfeit the bond, partially or fully, and recover it as an
arrear of land revenue.
4. Compensation for Unauthorized Possession
 When the Tahsildar orders the restoration of possession to the
Bhumiswami, he shall also award compensation to be paid by the
opposite party for the period of their unauthorized possession.
 The compensation is calculated at the pro rata rate of ten thousand
rupees per hectare per year.
 This compensation is recoverable as an arrear of land revenue.
5. Bond for Abstaining from Unauthorized Possession
 The Tahsildar may require the opposite party to execute a bond to
abstain from taking possession of the land in contravention of the order
for restoration.
6. Fine for Unauthorized Possession
  The opposite party, after an order for restoration, is liable to a fine that
may extend to fifty thousand rupees.
7. Detention for Prolonged Unauthorized Possession
 If a person continues unauthorized occupation for more than seven
days after the date of an order for restoration, the Sub-Divisional Officer
may apprehend and send them to civil prison.
 The period of detention is fifteen days for the first order for restoration
and three months for subsequent orders.
 Specific conditions, including issuing a notice and exceptions for
certain types of encroachments, apply.
 The Sub-Divisional Officer can order the release of such person if
satisfied that the unauthorized possession has ended.

Section 250-B: Failure to Vacate Land Allotted to an Allottee - An Offence

Section deals with situations where a person has been allotted land under
bhumiswami rights or as a Government lessee but has not been able to take
actual possession of the allotted land. This section outlines the process by
which such individuals can seek assistance to gain possession of the land
they are entitled to. The section empowers the Tahsildar to issue directions
for the vacation of the land by the current occupant or for the removal of any
obstructions hindering the delivery of possession to the rightful allottee.
1. Application for Actual Possession
 If a person is allotted land under bhumiswami rights or as a
Government lessee through a Patta granted under a State Government
scheme or any applicable enactment, and he has not been able to take
actual possession of the allotted land, he can apply to the Tahsildar for
assistance in gaining possession.
2. Direction to Vacate or Remove Obstruction
 Upon receiving the application, the Tahsildar will issue a written order
directing:
 The person currently in possession of the land to vacate it
immediately, or
  If someone obstructs the delivery of possession, that person to
remove the obstruction so that possession can be delivered to the
rightful allottee (either the bhumiswami or the Government
lessee).
3. Use of Necessary Force
 The Tahsildar is authorized to use force, including police force if
required, to ensure the allottee is put in actual possession of the land.
4. Penalties for Non-compliance
 If the person to whom a direction is issued under subsection (2) fails to
comply with the direction, they can be punished with imprisonment for
a term extending up to three years, a fine, or both.
 If non-compliance continues beyond the first day, an additional fine of
up to one hundred rupees per day may be imposed for each day the
non-compliance persists.
5. Cognizable and Non-Bailable Offence
 The offence under this section is considered cognizable, and bail may
not be granted.

Section 251: Vesting of Tanks in State Government

Section deals with the vesting of tanks, specifically those situated on
unoccupied land before the implementation of the Act for the abolition of
intermediaries' rights in a particular area. These tanks are usually used for
irrigation or other nistar (related rights).
1. Vesting in State Government: Tanks located on unoccupied land and
over which members of the village community had rights of irrigation
or nistar before a specified date shall, if not already vested, become the
absolute property of the State Government. This transfer of ownership
takes effect from April 6, 1959. However, this provision does not affect
the rights of lessees under existing leases.
2. Conditions and Procedure: The Collector must conduct an inquiry to
ensure that the tank meets the criteria laid out in this section. Notice
must also be served to parties with interests in the tank, and they
 should be given an opportunity to be heard before the tank vests in the
State Government.
3. Claim for Compensation: Any person claiming an interest other than
the right of irrigation or nistar in such a tank may apply to the Collector
for compensation within four years from the date of vesting. This
compensation is calculated as fifteen times the land revenue assessable
on the land covered by the tank. The land covered by the tank is treated
as irrigated land of the same quality as adjacent land.
4. Payment of Compensation: The Collector will pay the determined
compensation to the person or persons who can prove ownership
interest in the tank. This payment fully discharges the State
Government from further liability for compensation regarding that tank.
However, it does not affect the rights of any other person to enforce their
claims against the individuals who received compensation.
5. Regulation of Water Use: The State Government is empowered to make
rules regulating the use of water from such tanks.
6. Protection of Existing Rights: The vesting of a tank under this section
does not affect the existing rights of irrigation and nistar that
individuals were entitled to before the vesting date.
It's important to note that the term "tank" includes trees located on the
embankments of the tank but excludes buildings, temples, or other
constructions on the embankments. This section aims to streamline
ownership and management of tanks while safeguarding existing rights and
interests.

Section 253: Punishment for Contravention of Provisions

Section deals with the penalties and consequences for individuals who act in
contravention of the provisions outlined in this chapter or the rules
established under it. It also covers those who fail to adhere to the rules,
customs recorded in the Wajib-ul-arz, or breach any entries documented in
the Nistar Patrak. This section aims to enforce compliance with the
regulations governing land and resources.
 1. Penalty: Any person found guilty of contravening the provisions of
chapter 18 or the associated rules may be subjected to a penalty. The
penalty amount should not exceed fifty thousand rupees. The Sub-
Divisional Officer is responsible for determining the specific penalty
amount, taking into account the circumstances and nature of the
contravention.
2. Confiscation: In addition to the penalty, the Sub-Divisional Officer may
order the confiscation of any timber, forest produce, or any other
produce that the offending person may have appropriated or removed
from lands belonging to the State Government. Confiscation serves as
a punitive measure to deter violations of land and resource regulations.
3. Application of Penalty: When imposing a penalty under this section,
the Sub-Divisional Officer has the authority to direct that all or a
portion of the penalty be allocated to cover the expenses incurred for
measures necessary to prevent loss or harm to the public due to the
contravention, breach, or non-observance of the regulations.
This section serves as a mechanism to enforce compliance with the laws and
regulations related to land, resources, and associated customs, ensuring that
individuals adhere to the established rules and customs or face penalties and
confiscation of illegally acquired resources.

Section 257 establishes the exclusive jurisdiction of revenue authorities and

outlines that no Civil Court shall entertain suits or applications related to
matters that fall under the purview of the State Government, the Board, or
any Revenue Officer empowered by this Code to make determinations or
decisions. The section provides an extensive list of matters for which Civil
Courts have no jurisdiction. These matters include disputes related to land
revenue, land records, boundaries, land use, compensation, forfeiture,
remission of land revenue, ejectment of lesser, and various other issues
related to land, revenue, and revenue administration. The section specifies
several specific matters, such as the validity of revenue survey notifications,
settlement terms, claims for modification of abadi decisions, and disputes
over land revenue assessment. It also includes matters related to
consolidation of holdings, penalties for unauthorized land possession,
reinstatement of improperly dispossessed bhumiswamis, and the delivery of
actual possession of land.

This section underscores the principle that revenue authorities have exclusive
jurisdiction over the specified matters. Therefore, individuals seeking
redressal or resolution of issues falling within these categories should
approach the relevant revenue authorities rather than filing cases in Civil
Courts.