SECTION 59

ENTRUSTMENT OF LAND , ETC. To GRAM

PANCHAYAT AND OTHER LOCAL
AUTHORITIES
  The State Government under sec 59 of the code may entrust all the land and assets as mentioned
under sub sec 2 and 3 of sec 59 to Gram Panchayat or other local authorities for the purpose of

SUPREINTEN Superintendence, preservation, management, and control. It means revesting of such properties
by the state govt to the gram panchayat for the purpose of looking after the estate.

DENCE,  Thus the gram panchayat and other local authorities for the purpose of this sec are only trustees
for S,P,M,C of things etc which are vested in the State Government.

PRESERVATIO  Things to be Entrusted to Gram Panchayat: sec 59(2 & 3) :

According to this sub sec following things may be entrusted to Gram Panchayat:

N,  lands, whether cultivable or otherwise, except land for the time being comprised in any holding
or grove;

MANAGEMEN  grove standing on the Gram Panchayat land, pastureland, graveyard, cremation ground, manure
pits, Khaliyans, Chakroads, link roads, sector roads, land in river bed, road, Sadak Khanti, Sullage
farm;
T AND  forests and fisheries; 

CONTROL,  trees, other than trees in a holding or on the boundary of a holding or in a grove or abadi, or any
trees on unoccupied land

ETC  hats, bazaars, melas, tanks, ponds, water-channels, private ferries, pathways and abadi sites;
 Properties specified in sec 55 and belonging to the state govt subject to the provisions of the
treasure trove Act,1878.
 Every land and other thing-
 vested in a Gram Panchayat or any other local authority under the
provisions of the Uttar Pradesh Consolidation of Holdings Act,
1953, or the Uttar Pradesh Imposition of Ceiling on Land Holdings
Act, 1960;
 placed under the charge of a Gram Panchayat or any other local
Deemed to be authority under any of the enactments repealed by this Code;
entrusted sec  otherwise coming into possession of a Gram Panchayat or other
local authority, either before or after the commencement of this
59(3) Code;
 shall be deemed to be entrusted to such Gram Panchayat or other
local authority, as the case may be, with effect from the date of
commencement of this Code or from the date of such coming into
its possession. The word shall be deemed indicates that on the
commencement of the code such property shall be deemed to be
entrusted to the Gram Panchayat or Local authority.
  Where any of the things specified in sub-section (2) has been
entrusted or deemed to have been entrusted to a Gram
Panchayat, and the village or any part thereof in which such
things are situated lies outside the circle of the Gram Panchayat,
such Gram Panchayat or its Bhumi Prabandhak Samiti shall,
subject to any general or special order issued by the State
Government in this behalf, perform, discharge and exercise the
Vesting of functions, duties and powers assigned, imposed or conferred by or
property under this Code or the U.P. Panchayat Raj Act, 1947 on a Gram
Panchayat or a Bhumi Prabandhak Samiti as if that village or part
outside the also lay within that circle.

circle sec 59(5)  It means the Gram Panchayat in such cases exercise its functions
duties and powers over such entrusted things outside the
jurisdiction as if that village or part also lay within that circle. But
exercise of powers, functions and duties under sub sec 5 of sec 59
is subject to any general or special order issued by the state
government.
 4. The State Government may, by a subsequent order to be
published in the manner prescribed,-
 add to, amend, vary or rescind any earlier order issued under sub-
section (1);
State
  transfer to any other Gram Panchayat or other local authority,
government any land or other thing entrusted or deemed to be entrusted
under sub-section (1) or sub- section (3) for superintendence,
can amend preservation, management and control;
vary or rescind  resume any land or other thing so entrusted or deemed to be
entrusted, or transferred to any Gram Panchayat or local
the order of authority on such terms and conditions as prescribed;
vesting (4)  impose conditions and restrictions subject to which the powers of
superintendence, preservation, management and control under
this section shall be exercised.
  It is significant that at any point of time, the property entrusted to
Resumption of the Gram Panchayat or to any other local authority can be
resumed by the state government under sec 59(4)c. entrusting of
things by the the property does not mean that the SG cannot further take the
possession of such property.
State  But where such property is sought to be resumed the state
Government government shall issue a gazette notification specifying the
particulars of such property such publication of the notification in
sec 59(4) read the gazette is conclusive evidence that such property stands
vested in the state govt . A copy of every such notification shall be
with rule 55 sent to the collector as well as the gram panchayat or the local
authority concerned.
  Where the things sought to be resumed by the state govt have
been already allotted to any person under sec 64 that is allotment
Where of abadi sites or under sec 125 that is admission by Land
Management Committee to land entrusted to Gram Panchayat of
resumed this code or under the provisions of the acts repealed by this code
and such allottee has been made any improvement on such land
things already before the date of notification then allottee shall be entitled to
such compensation for improvement as the collector may
allotted to determine.
others rule 55  Where any of the things under provision of sec 59 (2) and (3) has
been entrusted to a local authority other than the gram panchayat
(3) then provisions of chapter 8 shall apply to such local authorities.
  This principle of law has no application as regards property or
Rule property things entrusted to the gram panchayat or other local authority
under the provisions of sec 59 of the code by the SG. The word
once vested entrusted in sub sec 1 of 59 denotes that possession of such things
are given for the purpose of Superintendence, preservation,
cannot be management, and control only.
divested is not  Thus properties are held by gram panchayat as a trustee and the
properties primarily belong to the SG. So the property so
applicable entrusted may be taken back under the provisions of the code and
rules made thereunder.
section 60 superintendence,
Management, and Contraol
by Land Management
Committee
 Sec 60 of the code provides that every Land Management
committee shall be charged on behalf of the Gram Panchayat with
the Superintendence , preservation, management and control of
all land and other things entrusted or deemed to be entrusted to
the Gram Panchayat under sec 59 of the code. It is similar to the
provision of sec 122-A of the repealed act . 1950
  Gaon Sabha: sec 3 of U.P Panchayat Raj Act, 1947 defines Gram Sabha. The State Govt
shall by notification establish a Gram Sabha for a village or group of villages having a
population of one thousand or more. Villages having population of less than one
thousand are grouped with another neighbouring villages and the Gram Sabha is
established for that group of villages. Where a Gram Sabha is established for a group of
villages the name of the village having the largest population shall be specified as the
Gaon Sabha, name of the Gram Sabha . Gram sabha shall be consisted of all adults aged 18 years or
above ordinarily resident within its area.
Gram  Gram Panchayat: sec 2 h U.P. Panchayat Raj Act 1947 defines that Gram Panchayat
means the Gram Panchayat constituted under sec 12. sec 12 defines the Gram
Panchayat and Panchayat as:
 There shall be constituted for every panchayat area a Gram panchayat bearing the
Land name of panchayat area. Every GP shall consist of a Pradhan and for the panchayat area
having a population of :
management  Upto 1 thousand – 9 members

Committee  More than 1 k but not more than 2 k – 11 members

 More than 2 k but not more than 3 k- 13 members
 More than 3k but not more than 4k-15 members shall be elected.
 They shall be elected directly by the person registered in the electoral rolls of the
territorial constituency of the Gram Panchayat.
  Sec 28-A, U.P. Panchayat Raj Act, 1947 defines Land management committee as:
 The Gram Panchayat shall also be land management committee and as such
discharge the duties of upkeep, protection and supervision of all property
belonging to or vested in or held by the Gram Panchayat under sec 117 of the
Land repealed act 1950(now under sec 59 of the act). The state govt may by order to
be published in the manner prescribed entrust all or any of the things specified
management under sub sec 2 of sec 59 of the code to Gram sabha or any local authority for the
purpose of Superintendence, management and control in accordance with the
committee( Bh provisions of this code.
 Before passing of U.P. village Local Self Govt laws amendment Act 1973 the
umi members of land management committee were elected from amongst the
members of the GP and were limited from 5 to 9 only . Members thus elected to
Prabhandhak Bhumi Prabhandak Committee ceased to be members of the Gaon Sabha .
 But after the above amendment all the members of the Gaon panchayat also
Samiti) becomes the members of land management committee .
 Under U.P. Panchayat Raj Act, 1947 the GP is a body corporate with perpetual
succession having capacity to sue and be sued. The Lekhpal of the area of GP is
secretary and Pradhan of the GP is chairman of the land management
Committee.
  LMC is constituted with all members of the GP. In other words
Difference each member of the GP is the member of the LMC with the
chairman as the Pradhan of the gram panchayat.
between land  The difference lies as the GP is a body corporate whereas the LMC
management is only a statutory body. The LMC discharges all its functions for
thee things entrusted or vested in Gram Panchayat.
committee  The secretary of LMC is the Lekhpal an employee of the Revenue
and Gram department whereas the secretary of the GP is the GP Adhikari an
employee of the panchayat raj department. The GP can sue and
Panchayat can be sued. The LMC under the code can also sue and be sued
through its chairman.
  Function and duties of the land management Committee are given in sec
69(1 and 2), 61,62,63,67 and rule 56. the functions and duties of Land
management committee may be explained under the following heads:
 Functions and duties under sec 60 :
1. Settlement of land and management of land

Functions and 2. The preservation, maintenance and development of forests and tree.
3. Maintenance and development of abadi sites and village communications
duties of Land 4. The management of hats, bazars and melas.
management 5. The maintenance and development of fisheries and tanks.

Committee 6.
7.
The development of cottage industries
The development and improvement of agriculture
8. The conduct and prosecution of suits and proceedings by or against the
Gram Panchayat
9. Such other matter as may be prescribed
  This section read with rule 57, 58, and 60 of the code deals with
management and lease of village tanks. This sec has specific
application subject to the provision of sec 59 of the code.
 The explanation to this sec says that for the purpose of this sec the
term tank includes pond, pokhar and other land covered with water.
Thus the dry garaha is excluded from the definition of tank. Sec 61
read with rule 57,58 and 60 explains the following two aspects:
 Management of village tank and leasing out of village tank.
Section 61  Management of village tank: the village tank shall be managed by the
gram panchayat with following conditions:
 1. where the area of the tank measures 0.5 acre or less, it shall be
reserved for public use by the inhabitants of the village;
 where the area of the tank exceeds 0.5 acres, the Bhumi Prabandhak
Samiti shall, with the previous approval of the Sub-Divisional Officer,
let it out in the manner prescribed.
 Rule 57,58 and 60 provides for letting out of the tanks.
  Where the tank exceed 0.5 acres but does not exceed 5 acres it
comes in the category of small tanks. Sec 61 (1)(b) provides for
Lease of small leasing out of such tanks by the land management committee
with the prior approval of SDO:
tanks rule 57  - for fishing purpose
 For growing singhara
 1. Organisation of a camp: for the purpose of letting out tank a camp shall be
organised at the tehsil level, about which wide publicity shall be given by publishing
the date time and place of camp in at least one hindi newspaper having wide
circulation in the area.
2. The chairman, the secretary and an officer not below the rank of Naib Tehsildar shall
be present at such meeting. In case where more than one gram panchayats are
involved, the chairman and secretaries of all the samities shall attend the meeting.
3. The collector shall appoint the representatives of the fisherman community for
Procedure of each tahsil to help in preparation of a list of eligible persons.
4. In order of preference specified in rule 57(5) a list of eligible persons shall be
leasing a small prepared.
5. In following orders of preferences the eligibility list of prospective lesses shall be
tank rule 57 prepared (rule 57(5))
 Fisherman residing in the concerned gram panchayat.
 Member of sc and st other backward classes or person of general category living below
the poverty line residing in the GP.
 Fisherman residing in the concerned nyaya panchayat circle.
 Fisherman means any person belonging to the community of kewat, mallah, nishadd,
bind, dheemar etc a person traditionally engaged in fishing profession.
 Auction will be held when there are more than one eligible person.
 If only 1 for the lease of said tank then the lease shall be granted
on the annual rent of the amount which shall not be less than rs
1000 and not more than 2k per acre.
 In auction only thouse are allowed whose name is there in the list.
 Sec 189 and 190 of the code talks about the manner of auction.
 When the amount of highest bid is paid , sign by chairman,
secretary, and revenue office then forwarded to SDO.
 SDO WILL APPROVE
 Registration
 Lease for 5 years
 Not disturb the rights of local residents
  Vinda prasad Awasthi v. sub- Divisional Magistrate
Reauction shall  In this case it was held that since person of Machhua community
be done not have been put up in first category and schedule cast person of the
same village where the pond is situated. They cannot be given
the renewal of preference over machhua community and found that on the above
basis the lease was rightly cancelled by SDO.
lease
  A leading case on the allotment of pond not for the housing
purposes in this case. The case though related with sec 122-c of the
repealed act, has its relevancy with regard to sec 61 of the code. In
this case the disputed land was earmarked as pond. Though most
part of the pond was levelled rest of the part is was still in the
character of a pond and during the rainy season it was filled with
water. The village lekhpal made a proposal for the allotment of the
Hinch lal Tiwari land for house site in favour of the villagers. The SDO relying on the
report allotted some part of the levelled pond for housing purposes
v. kamala devi to the respondents.
 On complaint of some villagers the additional collector cancelled
the allotment of the respondents. The commissioner also dismissed
the revision hence the allottee approached the high court in writ
jurisdiction which was partly allowed. On appeal the Supreme court
set aside the impugned order of allotment with directions to
demolish and remove the materials within six months. In this case
the supreme court established the strict rule of not allotting the
plots in any case for housing purposes.
 In Iqbal Ahmad v. Dy. Director of consolidation, a small pond called
garhi in village under sec 132 of the repealed Act was allotted for
housing purpose. Following the principle of law laid down in the
hinch lal Tiwari case the allotment was held illegal.
 Further in shamli devi v. state of U.P, the high court took the
view that if any pond was recorded in the revenue records but due
to passage of time the whole pond became dry and was occupied
by some persons who claimed right through adverse possession as
that pond vests in the gaon sabha and merely by reason of the dry
area its nature of pond cannot be changed.