LexThe Chhattisgarh Land Revenue Code, 1959 Act 20 of 1959
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this act'
MADHYA PRADESH ACT
No. 20 of 1959
THE MADHYA PRADESH LAND REVENUE CODE, 1959
TABLE OF CONTENTS
Se-::tiom Page
CHAPTER I.
Preliminary
1. Short title, extent and commencement. 232
2. Definitions. 232
CHAPTER II.
Board of Revenue
3. Constitution of Board of Reven~e. 236
4. Principal seat and other places of sittiugs of Board of Revenue. 236
5. Conditiom of service of members of Board. 236
6. Salaries and allowances. 236
7.
8.
9.
10.
11.
Jurisdiction of Board.
Power~ of superintendence of Board.
Exercise of juri5diction by single members and benches.
Cases pending at commencement of Code.
CH APTER III.
Revenue Officers, their Classes and Powers
Revenue Officers,
12. Control over Revenue Officers.
236
237
237
237
237
237
13. Power to aller, create or abolish divi~ions, districts, suh-divisioru 237
and tahsils.
14. Power to appoint Commissioners of divisions.
15. Power to appoint Additional Commissioner.
16. Power to appoint Collr-ctor.
17. Power to appoint Additional Collectors,
18. Appointment and powers of t\ >sistan t Collectors and Deputy
Collectors.
19. Appointment of Tahsildars, Additional Tahsildars and
Naib Tahsildars.
20. Appointment of Superintendents of Land Records and Assistant
238
238
238
238
238
239
Superintendents of Land Records. 239
21. Other Officers.
22. Sub-Divisional Officers.
23. Suborrlination of Revenue Officers.
239
239
239
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THE MADHYA PRADESH LAND REVENUE CODE, 1959
Section, : Page
24. Conferral by State Govanme r,; Powers of Revenue Officers 239
on Offiical and other persons.
25. Powers o:,:o:rcisable 0;1 transfer.
26. C:olJector in case of temporary vancancy.
CHAPTER IV.
Procedure of Reve.oue Officers aod Revenue Court&.
27. Place for holding enquiries.
28. Power to enter upo11 and survey land.
29. Power to transfer cases.
Z:1. Pow!'r to tr;c,1sk; c:,ocs tu •t-,d from ~Ltbor<li.iwle&.
239
239
239
240
240
240
J1. (:,qlf'rrnl 1,,'" S.-: .. ,,,, of Courts n.n Ef,a·d an<l Revenue Oilic,::rs. 240
240
33. Powers of Revenue Officers to require attendance of persons and 240
production of documents and to receive evidence.
34. Compelling attendanc.e of witness.
35. Hearing in absence of party.
36. Adjournment of heafr,g.
37. Po,yer to "-1>.-ard cost~.
241
241
241
241
3fl. 11a,l'ler of cox,;:,cuting orde:- 10 ddiver :iossessir_,,1 of lmrnoy;.ble 242
property.
39. Persons by \1 horn :tpn..--·•ranu:s ~ud applications rn<.1y be made before 242
a;,J to Revenne Office~,.
40. Effect of rulrs i•t Schedule I.
41. Power of Eoard 10 make rules.
42. Orders of Rcv,:nue Officer when reversible by reason of error or
irreg-ltlarit:· •
242
242
243
4-3. Code of Civil Proce(lurc to apply when no expres~ provision made 243
in this Cncl·:.
CHAPTER V.
Appeal, Revis~on and Review
44. .-\ppeal ;-md :-:.ppellate .-nthoritics. 243
45. "! ril.mfcr of certai;1 pcndin{:\" pruceedings to Settlement Commissioner. 244
46. No appeal :>.::;<1 inst ce:-tai!"! orders.
47" Limitation of ah_;(.;;.:.b.
48. Copy of order objected to accompany petitio.n.
49. Power of appellate authority.
241-
244
245
245
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THE MADHYA PRADESH LAND REVENUE CODE, 1959
Sectio,1s :
50. Revision.
51 . Review of orders.
52. Stay of execution of order!.
.:";3. Application of Limitation Act.
5-+. Pending revisions.
55. Application of Chapter.
56. Comtrnction of order.
CHAPTER VI,
Land and Land Revenue
57. State ownership in .all land~-
58. Liability of land to payment of land revenue.
58.~ A. Certain land tn be exempted from payment of land revenue.
Pagt
245-
247
").(.~ ·- ,/
247
247
247
247
248
248
.59. Variation of land revenue .?.ccording to purpose for which land is used. 249
59.-A. Assessment whrn to take effect.
59.-B. Reassc~sment on diYersion of land prior to comi:r..g into fore "
Code.
60. Assessment by whom to be fixed.
CHAPTER VII.
Revenue Survey and Settlemen ,n Non.urban Areas
A-- - .Application of Chapters and Officeri
250
250
250
61. Application of this Chapter to lands in 'non-urban area5_ 250
62. Appointment Settlement Commissioner. 250
63. Appointmcn t of Additional Settleme'lt Commissioner and their powers and 250
duties.
64. Appointment of Settlement, Deputy Settlement and Assistant Settlement 250
Officers.
65. Powers of Settlement Deputy Settlement and Assi~tant Settlement Officen. 251
B- Revenue Survey
66. Definitions of revenue survey.
67. :'\otification of proposed revenue survey.
68. Formation of survey numbers and villages.
69. Separate demarcat:on of land diverted or specially assigned.
70. Power to renumber or SuU-<livide survey numbers.
71. Entry of surv~v numbers and sub-divisions in rr;cord~.
72. Dnermination of abadi of village.
251
~51
251
251
251
252
73. Power of Settlement Officer to divide or unit(: villages or exclude area 252
therefrom.
74. Grouping of village~. 252
224 THE MA(>HYA PRADESH LAND REVENUE CODE, 1959
Sections :
C-Se l!ement qf rent
75. Definition of Settlement.
76, Notification ofproposc<l settlement.
77. Fixation of assessment rates.
Page
252
252
252
78. Maximum and minimum limits for the rate of assessment. 253
79. Fixation of fair asses~mcnt. 253
80. All Iand5 liable to asscs,rne:1t. 253
81. Principles of assessment. 253
82, Announcement of Settlnncnt. 253
83. Intro<luction of Settlement. 253
84. Remission of enhanct'ment to Bhumiswami who relinquishes. 253
85. Term of settlement. 254
86. Power of Collector to complete uIJfini,hed proceedings. 254
D-General
87. Inquiry into profits of agriculture and value ofland 254
88. Power to transfer duty of maintaining maps
Officer.
and records to Settlement.
254
89. Power of Suh-Divisional Offier to correct errors.
90. Power of Collector during term of Sellkmcnt etc.
254
255
91. Power to grant power of Settlement Officer during term of SettlerncnL. 255
9 l-A. Power to make rules.
CHAPTER VIII.
Assessment and Re-Assessment of Land in Urban areas
92. Provisions of Chapter to apply to land in urban areas.
93, Powers of Collector to divide lands into pl0t numbers.
255
255
94, Powers of Collector to renumber or sub-divide plot numbers. 255
95. ·Area and assessment of plot numbers and sub-divisions to be entered 255
in records.
96. Area in town formed into blocks for assessment. 256
97. Collector to fix standard rate of assc~srnent and publication of 256
standard rates.
98. Fixa.tion of standard rates of as~essment. 256
99, Maximum and minimum limits for the rate of assessmeut. 256
100. Collector to assess plot at rate prescribed. 256
101. Term of settlement. 257
102. Assessment fixed sh,lll be land revenue or rent. 257
103. Land reveaue or rent fixed under previous settlement or leases to 257
continue,
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THE MADHYA PRADESH LAND REVENUE CODE. 1959
CHAPTER IX
Land Records
Seetions :
104. Formation of patwaris'circles and appointmentof patwari~thereto·. 2.57
105. Formation of revenue inspectors circles, 257
106. Appointment of revenue inspectors, etc. 257
107. Field map. _257
108. Record of rights. 2'8 .,
109. Acquisition of rights to be reported. 258
llO. Mutation of acqiusition of right in Field Book and other relevan.t 2!1~
land records.
lll. Jurisdiction of Civil Courts.
112. Intimation of transfers by Registering Officers.
113. Correction of clerical errors.
114. Land records.
l 14•A. Bhoo Adhikar Avam Rin Pustika. 259
l I~. Correction of wrong entry in Khasra and any other land record.5 by 260
superior officers.
116. Disputes regarding entry in khasm or in any other land record,.
I I 7. Presumption as to entries m 1.-md records.
118. Obligation to furnish information as to title.
119. Penalty fo, neglect to furnish informatior,.
120. Requisition of as;iista.11.ce in preparation of maps and record of right'!'.
121. Power to make rules fo, land records.
122. Exemption from provisions of this chapter.
123. Record-of-right~ at commencement of Code.
CHAPTER X
Boupdades and Boundary :Marks, Survey Marks
124. Construction of boundary marks of villages and survey numbcn; or
plot numbers.
260
260
260
260
260
260
260
26\l
2&1
l
12, • Disputes regarding 'boundaries between villages, survey numbers an~ 26'
plot numbers.
1:26.
1_27.
128.
~jectment of persons wr~gfully in po.~session.
Demarcation and maintenance of bt?undary lines.
Enforcement ,of repair of boundary or survey marks.
261
' 262
262
129, Demarcation of boundaries of survey number or snb-div:ision or plot 262
number.
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THE MADHYA PRADESH LAND REVENUE CODE, 1959 •
Sootiona :
430. Penalty for destnlction, injury or removal of boundary or survey
marks.
131. Rights of way· anrl. other private casements.
132. Penalty for obstruction of way, etc,
Page
262
262
263
133. Removal of obstruction. 263
134. Execution of bond for abstaining from repetition of certain acts, 263
135. Acquisition of land for road, paths, etc. 263
(36. Power to exempt from operation of this Chapter. 263
CHAPTER XI
RCalisation of Land Revenue
137. Land revenue first charge on land.
f38. Responsibility for payment of land revenue.
263
263
139. Land revenue recoverable from any person, in possession. 264
140. Dates on which land revenue falls due and is payable. 264
141. Definitions of "arrear" and '·defaulter." 264
142. Patel, Patwari, Gram Sabha or Gram Panchayat bound to give receipt. 264
143. Penalty for default of payment of land revenue, 264
144. Remission or suspension of land revenue on failure of crops. 264
145. Certified account to be evidence as to arrear and de£aulter. 265
146. Notice of demand. 265
147. Process for recovery of arrear, 265
148. Costs recoverable as part of arrear.
149. Enforcement of processes in other districts.
150. Payment under protest and suit for recovery.
151. Application of proceeds of sale.
152. Land sold for arrears to be free from encumbrances.
153, Purchaser's title.
t54. Purchaser not liable for land revenue due prior to sale.
265
266
266
266
266
216
266
i54-A Powers of the Tahsildar to let out the holding in respect of which 266
· arrear is due or any other holding of the defaulter.
!55. Moneys recoverable as an arrear of land revenue.
:J.56. Recovery of moneys from surety.
267
268
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THE MADHYA PRADESH LAND REVENUE CODE,. r,"
Sections :
Class of tenure,
Bhumiswami.
CHAPTER XII
Tenure-Holders
Land revenue payable by Bhumiswamis.
157.
158,
159.
160.
161.
162.
Revocation of exemption from liability for land revenue,
Reduction of revenue during the currency of se-ttlement.
• • • • • •
163. Pendiug applications for conferral of Bhumiswami ngi:t,.
164-. Devolution.
165. Rights of transfer.
166. Forfeiture in cases of certain transfers.
167. Exchange of land.
168. Leases.
169. Unauthorised lease etc.
170, Avoidance of transfer in contravention of section 165.
170-A. Certain transfers to be set aside,
170-B. Reversion of land of members of original tribe which was
transferred by fraud.
I 70-C. Advocate not to appear in proceedings under section 170-A or 170-B
without permission.
170-D. Second appeal barred.
171. Right to make improvements.
172. Diversion of land,
173. Relinquishment~.
174, Disposal of relinquished sub-division.
175. Right of way to relinquished land.
176. Abandonment of holding.
177. Disposal of holdings.
178, Partition of holding.
179, Righls to trees in holding.
IBO~ R~triction on transfer of tree!,
CHAPTER XIII
Goverenment LeHees and Service Land
181. Government le!sees.
182. Rights and liabilities of a Government lesree.
Pase
26B
268
269
269
270
270
270
2il
271
275
·2715
276
277
277
278
27ll
279
279
279
280
281
281-
281
281
282
282
283
283
28S
283
227
2Z8 1'llf MADHYA PRADESH LAND REVFNUE CODE, !'15'
Sections; Page
183. Service land.
184. Disposal of service land in Sironj Region when services no longer 284
required.
CHAPTER XIV
Occupancy Tenant&
185. Occupancy tenanti.
186. Maximum rent.
187. Commutation.
168. RCJJ.t.
189. Re»mnptioJl by Blmmiswami in certain ca~ei..
190. Conferral of Bhurniswami rights on ocrnpancy tenants.
191. Restoration of occupancy tenant.
192·. Dtvolution of rights of occupancy temmts.
l93. Termination of tr-..nancy.
284
286
286
237
288
288
194. Provisions applicable to occupancy tenant whose tenancy 1s 289
terminated.
195. Occupancy tenant's rights or transfer.
196. Right of occupancy tenant to make improvement. 290
197. Right of certain persons to apply to set aside transfers by occupancy 290
tenants.
198. Surrender. 290
199. Receipt. 291
200. Penalty for failure: to give receipt or for excess recovery. 291
201. Remission and suspension of rent consequent on like tratemcnt 291
of land revenue.
202. Reinstateme11t of wrongfuliy ejected occupancy tenant.
CHAPTER XV
Alluvi.on and Dilu.vioR
203. Alh1vion a.nd diluvion.
2()4. Power to make assessment and decide disputes.
CHAPTER XVI
Con1101idatiOR of Hol~gs
205. Definitions.
206. Initiation of consolidation proceedings.
207. Rejection of application. ,,
208. Admission of application. ,,,
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291
292
293
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TI!ll MADH'iA PRADESH LAND REVENUE CODE, 1959
Sections:
209. Preparation of scheme for consolidation of holdings.
210, Confirmatioa of scheme.
211. Procedure 011 confirmation.
212. Right of Bh11miswamis to possession of holdings.
213. Transfer of rights of Bhumiswamis in holdings,
214. ~o instrument necessary to effect transfer.
215. Costs of carrying out scheme.
216. Recovery of compensation and costs.
217. Suspension of partition proceedings during currency of
con~olidatioa proceedings.
Page
293
294
294
294
294
294
295
295
218. Transfer of property during proceedings. 295
219. Rights of Bhumiswamis after consolidation same as Lefore. 295
220. Encumbrances of Bhumiswamis. 295
221 . Power to make rules. 295
222.
223.
224.
Appoi.umcnt of patek
Remuneration of patels.
Duties of patels.
CHAPTER XVII
Village Officer.s
A--Patels
296
296
296
225. Dnties imposed under any law upon land holders dee:ned to be 297
226.
227.
228.
229.
imposed on patels.
Removal of patels.
PLiaishment of patels.
Appointment of substitute patel.
Entrustment of village management.
B - Kotwars
230. Appointment of kotwars and their d11ti~.
231. Remuitcration of kotwars.
C - Gram Sabha
232. Gram Sahha.
CHAPTER xvrrr
Rights in Abadi and Unoccupied Land and Its Prodaee
233. Rl!.::ord of wioccupied land.
'234. Preparation of Nfatar Patrak.
297
297
297
297
297
297
297
298
298
229
230 THE MADHYA PRADESH. LAND 'U· Vi'NUF CODE, 1959
Sections: Page
235, Matters to be provided for in Nistar Patrak. 298
236. Provision in Nistar Patrak for certaiu matters. '.-199
237. Collector to set apart land for exercise of Ni.star rights. 299
238. Rights in waste land of another village. 299
239. Rights in fruit bearing trees planted in unoccupied land. 300
240. Prohibition of cutting of certain trees. 300
24-1. Measures to prevent theft of timber from Government forest. 300
242. Wajib-ul-a~. 301
243. Abadi. 302
244. Dispoial of abadi sites. 302
245. Rights to hold house site free of land revenue. 302
246. Right of persons holding house sites in abadi. 302
241. Government's title to minerals. 302
248. Penalty for unauthorisedly taking possession of land. 303
249. Regulation of fishing, hunting, etc. 304
250. Reinstatement of Bhumiswami improperly dispossessed. 305
250-A. Confinement in civi prison on failure to restore possession 307
under sec ti on 250.
251. Vesting of tanks in State Government.
252. Maintenance of works of public utility.
253. Punishment for contravention of provisiom.
254. Performance of duties of Gram Sabha by Patel.
CHAPTER XIX
Miscellaneous
307
308
308
309
255. Prescription of standards of cultivation and management. 309
256. 1nspection and copies of maps and land records. 309
257. Exclusive jurisdiction of revenue authorities.
257-A. Rurden of proof 21.Jld bar of legal practitioners in certain
proceedings.
258 G:nera.l rule ma.king powtr.
309
31 I
311
THE MADHYA PRADESH LAND REVENUE CODE, 1959
Sections:
"' 259. Reference to certain tenures.
260. Reference to laws not in force in any region.
261. Repeal and savings.
262. Transitory provisiom.
263. Power to remove difficulties.
264. Code no( to apply in certain cases.
SCHEDULE
SCHEUIJLE
SCflLDl ,U:
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Tll
Page
315
316
316
316
317
317
317
326
327
231
232
Short title, c:iw:nt and
-oommcncement.
Definitions.
THE MADHYA PRADESH LAND REVENUE CODE, 1959
MADHYA PRADESH ACT
(No. 20 of 1959) 1
THE MADHYA PRADESH LAND REVENUE CODE, 1959
(R!eceiv~d the. ass~nt ~: the President on the 15 tl1 September, 1959; assent first
publtshcd 1n tne lvfadhya Pradesh Gazette" extraordinary on the 21st
September 1959.) ·
An Act to consolidate and amend the law relating to land rr.venue the ,owers
of Revnue Officers, right~ and liabilities of holders of land fro~ tJ1c' State
Government agricultural tenures and other matters rea1ting to land :cind the
liabilities i'lciden ta1 there to in 11adh:ya Pradesh.
Be it enacted by the ::\fadhya Pradesh Legislature in the Tenth Year of
the Republic of India as follows :-
CHAPTER I
Preliminary
I . (I) This Act may be called the Madhya Pradesh Land Revenue
Code, 1959.
(2) It extends to the whole of 1'.Iadhya Pradeslt but nothing in this Code
shall apply to such ar..::as as may, from time to t.ime, be constituted as reserved
or protected forests under the Indian Forest Act, 1927 (XVI of 1927).
(3) This Code shall come into force on such date 2 as the State Govern~
· ment may, by notification. appoint.
2. (I) In this Code, unless there is anything repugnant to the subject
or context,-
(a)
(b)
"abadi" means the area reserved from time to time in a
village in a non-urban area for th~ r~idcncc of the inhabi
tants thereof or for purposes ancillary thereto, and any
other local eq Lti valcrn of thi~ expression such as "village
site" or "gaons than" shaH also he construed accordingly;
''agriculture" includes--
(i)
(ii)
(iii)
the raising of anaual or periodical crops inclnding
hctd leaves (Pan) and waternitls (Singhara) and gar
den produce;
h or ticul ture ;
the planting and upkeep of orchards; and
the reserving of laad for fodder, grazing 01" thatch•
ing grass;
(t) "agricultural year" means the year commencing on the
fir~ t day of J 111 y or such other date as the State Government
may, by notification, appoint;
(a) "Board" !Il.t".ans the Board of Revenue constituted under
ser.tion 3;
I. For Statemmt of Objects nnd Reasons ( in En!!li;h) s~ Madhya Pradesh Gazette Extra•
ordinary dated the 1st fuly, 1958 page II 36 and ( in Hindi} dat~d the I 4th Au;~1st, 1~58,
P~-!!e 1301. For Proceedings in Assembly see Madhya Prac\<:sh V,dhan Sabha l r"ceeJ,r,gs
1958 Volume IV, no. I, pages 10-50, no. 2, page,, 100-135, no. 3, pages 210-247, no. 4, pages
...
~12-311, no. 5, paisc·s 400-HB, no. 6, pa,,:.-; 515 5480 1959, Vu!. V, nu. 29, pa,:c 2594,uo. 36, .,:
pages 3418-'."1443, no. 37 pa~ 3476-3526, no. 38, pa;ses 35G8-3f,()4, no. 39 page::1 3642-3678,
no. 40, pao/'S 3775-3805, no. 41, pages 3917-3988, no. 42_. pag_es 4022-4074, no. 43, pag'6
4-115- 4172, no. 44. pages 4303-4352, and no. 45, pa1se,,; 43.'lS-4429.
2. 2nd October, 1959, see Govt. of M. P. Revenue Dcptt. Kot;rication No. J ll35-Vl1-N dat<:d
the 21st September, l 3!i9 pubii.i,ed on p,,.gc 1463 oJ' the ).;:,.dLya Pradesh Gaiette L."<tta•
ordinary, dated the 21st September, 1959.
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(g)
(h)
THE MADHYA PRADESH LAND REVENUE CODE. !959
';bona±idc ag1 iculturist" mt:am a person who cdtivates land
personally or i,.vho may 1"casom1hly be expected to cutli
\·att per~o1,dly;
"co-operative s(,cietY., n.c<lH~ ;, ~,,citt} registered as such
;1•1dcr a.ay law rclati.ng to Cu-opi-:rative societies in force for
the- time being in any region of the State;
"Government f<,rest" m(·,ms a forest constituted as a
reserved fore~t or protected forest in accordance with the
provisions of the Indian .Forest Act, 1927 (XVI of 1927);
"Governrr:cnt lessee" means a person holding land from
the State Government under section 181;
(1) "holding" rneilns-
U)
(i) a parcel of land scpanitely a~sessed to land revenue and
held under one tenure; and
(ii) in reference to land held by a tenant a parcel of land
held from a Bhumiswarni under one lease or set of
conditions;
"improvement" means wi,h rcfere!lce to a holding, any
work which add~ mater::Jly to the value of the holding
which i5 suitable tI1creto aHd con~·istent with the purpose for
which it is :1dd and ,vhich, ii not executed on the holding,
is either executed directly for its benefit or is after cxecuuon~
made directly beneficial 10 it; aud, subject to the foregoing
provi·;lnns, indudcs----
(i) the construction of tanks, wells,
embankments and other >vorks for
distribution of \.\?.ter for agricultural
water channels,
storage, supply or
purposes;
(ii) the construction of works for the drainage of land or
for the protection of land from floods, or from erOsion
or other dam.:1ge from water;
the plan 1 ing- o{
enclosing, levelling
trees and thf" reclaiming,
or terracing of land;
clearing,
(iv) the erection of lmildings on or iri the vicinity of the
hotdiHg, cL,:ewlu-rc tl,nn in the abi>.di or urban area,
required for the f:Onvenicnl or profilable 11se or
nccnpation of lhc holdint·,; and
(v) lhe renewal or reconstn1ction of <my of the foregoing
works, or altcralion~ th,"rein or additions thereto;
but does not include--
(a) temporary wells and su(h w<ttercharmeb, embankments,
levelling, e:ndosures (1r other works or peuy alteration~
in or repairs to sw:h worb. as are cornmcnly m,ide b_y
cultivators of the locality in the ordinary roune of
agriculture; or
(b') any work whir:h suh~tanti.illy diminishes the value of any
bnd, wherecvcr 5itu:o.ted, in thr- ocrupation of any
other person. whf'ther a5 Bhumiswnmi or ocrnpam::y
tennnt;
E~planation.- A wor\r wPich l•r1wfit, ;-rn;1·;;i) hol<lir:vs rr ,1y r,c dccmr,!'1 to
hf' an improvement with respect to eacJ, nf surh ho!dini~;
THE M.ApHYA PRADESH LAND REVENUE CODE, 19:~'i
(k] "land" mcarn a portion oJ the earth's surface whr:ther or
not under water; and, where land i, referred to in this
Code, it shall be deemed to inclnde all things attached to
or permanently fa:stened to any thmg attached to such land;
(I "I U " h · J ~c ess person means ~1 P;"rson w o 13 a bonafide agricul-
turist and who whether mdiv1d11ally or jointly with other
members of hi.• family hold no Lmds or land less than the
are:1 which may be prescribed in this Jidrnlf;
Explanation.- For purposes of this clau,e the familv or a person :;:hall
be deemed to consbt of his spouse, issue and parents. -
(m) "land rec orcls" mean~ records maintained under the
provbions of this Code;
"legal practitioner" means any person entitled to practise
in any of the court, in lvfadhya Pradesh under the Legal
Practitioners Act 1 1879 (XVlII of 18 79), or under any otller
law for the tirr!e being in force;
(o) "mango grove" mf:aus 1nang·o trees planted in such n11n1ber~
that they preclude or when fui! gro\v11 are likely to preclude
the h,nd on ,vhich they stand or any major portion thereof
from being: used primarily for any purpose other than
planting of trees;
(p) "orchard" meaJJs fruit trees planted in such numbers that
they preclude or when full g;rnwn are likely to preclude the
land on which they stand or any major portion Lhcreof
from being used primarily for any p1H'posc other than
phln ti :,g of trees;
(q) "plot nmnbcr" rn.cans a portion of .land in urfJan ::.rca
fonm:cl in to er recogni~ed as a plot number under section
93, in re~pect of \\;hich the ace,1 and the land revenue
pa y,,,b!c ;o:'e se::iaratd y c: ttr_:red i,1 the pre,cri bed records
under an indicative number aru_l includes any portion of
land entered in the pre\·joi_t, rccorris nncler an indicative
number known as kh2.sra or survey number;
(r) "rccngni,ed agent" in reference to a party to a proceeding
11nde~- the ctode means-
(i) a person authorised under a power of attorney by such
party to make appearance and applications and to do
other acts on his behalf in such proceedings; and
(ii) a person authodscd in ·writing by such party to make
appearance on his behA[f in such proceedings;
(s) "region" rneAr1s the Mahakoshal region, the Madhya
Bharat region, the Bhopal region, the Vindhya Pradesh
region and the Sirm~j region, or any of the~e, as the case
may be;
(t) "rcn ts" means ,..,·hateve-.r is paid or i~ payf'l.ble in money or
in kind-
(i) by an occupancy tenant to his Bhurniswami accordins
tn the provisions of section 188 or by a lessee to hi11
Bhumiswami on account of the use or occupation of
land held by him from such Bhumiswami; or
(ii) by a Government Jessee to the Government on aeeount
of the use or occupation of land leasted out to him
hy the Gow:rnmcn t;
,- See now 1he Ad,..ocates Act, 19€1 {25 of 1961).
.,.
(•)
(w)
(,)
THE MADHYA PRADESH LAND REVENUE CODE, 195~
"Revenue Officer" in any provision of this Code means mch
Revene Officer a.1 the State Government may, by
notification, direct to discharge thr functions of a Revenue
Officer under that provision;
"revenue year" means the year commencinng on such d~te
:>.s t.he St:cte G::,ver.J.merit may, in the case of any special
local area, by notification, appoint;
"sub-division of a survey number" me:ans a portion of a
~urvey number in respect of which the ai ea Md the land
revenue p;;.y:1.lilc an:: sep<ir:itely e:Hcrcd in the land records
under an indicative number subordinate to that of the
survey numbers of which it is a po,·tion;
"survey number" means a portion of L:!irl i!l non-urban
area formed into, or recognised as a survey number at the last
preceding revenue survey, or subSequcntly recogni5cd as
Sllch by the Collector, in respect of \Vhich the l'l.rea and
land revenue payable are separately entered under an indicaM
tive nur:ibcr in tl,c !.J.nci records; and include&. any port.ion
of hnd en tcrcd in the land records under an indicative
number known as the khasra number;
"t " I Id" cnant means a person 10 mg
as an occupancy tenant under
land from a Bhumiswaml
Chapter XIV;
(.~) "tenure-holder" means a person who holds land from the
State Government a11d who is or is deemed to be Bhumiswami
under the provisions of this Code·
·>::-l) "timb,:r trees" means trees or the following ~pecies,
namely :-
(i) Tcctona gcaudis (sag"an);
(ii) PtcrorarpHs 1-brsun:pinm (bija);
(iii) Dalbt'-ria lat:foJ:a (~hi:,ham);
(iv) Shorea robusta (sa.l);
(v) tima;
(vi) Terminalia tomentorn (ain or ,.,,j);
(vii) S:1.:-i.talumalbam (Chandan);
(~-2) "to cultivate per~onally" means to culiivate on one's own
account-
(<·>)
(z-4)
(i) by one's own labour, or
(ii) by the labour of any member of one's family, or
(iii) by servants on wages payable in cash nr kind but uot
in crop share, or
(iv) by hired labour under one's personal supervision or the
personalsupervision of any member of one's family;
"unoccupied land" means the l.uiJ in a village other than
the abadi or service land, or the land held by a BhumisM
warni, a tenant or a Government lessee;
"urban area" means the area for the time being included
within the limits of any municipal corporation or any
municipality or notified area constituted under any law for
tlie time being in force relating to municipalities or any
village or group of vi1Iages which may be specified by the
State Government a~ 1trban area; and the expre:isi()n
"non-urban area" ~hall be construed accordingly;
.. ,
236·. THE MADHYA PRADESH LAND REVENUE CODE, 1959
Oomti.tutuion of Board of
Re.en1te.
Priocipal seat an<l other placei
of 11itting, of Row:\ of R"v"n\le.
Conditions o[ st"rvic.: of m~nbtrs
.I uradiction of Board.
(z-5) '.'vill~ge" n,ean~ any tn.,ct ofla.nd which, bcfvrc the co:miI1g ..-
intc, wrce of tl,is Cvde, was recognised as or v.-as declared
as a village under the provisions cf anv law for the time
bci;,g in force and any other tract of Jarid which is hereafter
recognised as a village at any revenue survey or which the
Statc Gnvcrnment may, by notification, declare to be a
village.
(2) Any reference made in tl\is Code to the date of coming into force of
thi~ Code shall he construed as areferP,n<"'e to the date appointed by notifica
tion under sub-~cction (3) 0f secti<'n J.
CHAPTER II
Board of Revenue
3. (I) There shall be a Board of Revenue for Madhya Pradesh con
sisting ofa President and two or more other members as tl-,e State Government
may, from time tn time. :1,_i1~k fit to appoint.
('.!' The Board ('If Re, cnw- as connitutnl 2nd functioning for the sev.,.ral
regions ofthi~ State immediately before the coming into force of this Code,
hereinafter ;.n this Chapter referred to as the existing Board, shall with effect
from the date of coming into force of this Code, be dr:cmed to be the Board of
Revcrwf> fnr 1-f,,dh~·a Pradesh con~titnted t;ndcr this section.
(3;
Prcsidf:nt
Pradesh.
The Pre~idrw :md members of the existing Board shall be
an<l members respectively of the Board of Revenue for
the first
Madhya
4. (I)
Government
The prlnciral sc:'t oi the Board sh2.ll 1:-f> :-at ,,uch place as the State
may, by notified order, appo'.nt..
(2) Notwith~tanciiug iwything contained in sub-~ection (i), the President
and member~ of the Board may st,o :'it at ~urh otl:cr plaH" or rfoccs as the
Pre~ident of the Bor.nl may with tlw approval of the State Government, appoint.
5. 1T1
to perfon~ ·
apooint any
\Vhen ,.:,y men1bcr is, by reas,;n cf dJ5cnce or otherwise, unable
the duties of his office, the State Government m:iy, by notification,
-person to he. for the time being,?. member of the Board,
(2) L-xcqn ns cxpre~~Jy provided by this Code, the terms ancl condi
tions of service of the Presi,ient um! n.e:rr.bers ofd1c lloard dwll be .~nrh as may
he preserihecl and tl1c term~ ,m<l conditions laid down by the State Government
for thP, President and membc1~ of the existing Board shail continue in force
until modified or superseded under this section.
(3) A person ~hall n(/t be nualified for appointment as a member of the
Board nnles~ hr --
(a)
(b)
1s eligible for appointment as a Judge of the High Court; or
hct~ been a Rew·nue Officer, and has held, for at least five vears,
an office not lower in rank than that of a Collector. '
6. There shall be paid to tlH· memben of the Board such salaries •md
allowances as the State Governn,eHt rn-'.'s <lct!:rmir:(' and those salaries and
allow;,.nc-c~ shall be chare;ed on the cons0lidr,ted fond of the State.
7. (l I Thr: Board ,hall exerdsr the powers and discharge the functicm~
conft:rrcd up• 'll it by or under this Code an<l such functions of the State Govern
ment as mav be soecified hv notification bv the State Government in that behalf
:nd sud1 otLT fu~rtiom ::to" have J)l'"en conferred or may be conferred by or under
anv 8f'.'!1r1l or Staw .".,•1 0,1 the Chi1efReven11e A11th0ritY or thC' Chief Controlling
Re"venue Authority. ·
'
'
.,··
THE MADHYA PRADESH LAND REVENUE . CODE,· 1959 237
(2) The State Government may, subject to such conditions as it may
deem fit to impose, by notification, confer upon, or entrust to the Board or any
member of the Board additional powers or functions assigned to the State
Government by or imder. any enartment for the time being in force.
U. The Board shall, in resp(:{;, of all matters subject to its appellate or
revisional j u.risdiction, have superintendence over all authorities in so for as
·,uch authorities deal with such matters and may call for returns.
9, The Board may make rules for the exercist: of power~ and functions
of the Board, by benches constituted of one or more members thereof, and all
decisions given by such benches in exercise af ~uch pow1::rs or functions sh;a.ll be
deemed fo be tht: decisions. of the Board.
10, All appeal5, applications for revision and other proceedings pending
before the existing Board immediatdy before the coming jntnforce ofthi! Code
shall he heafd and decided by the Board. .
CHAPTER III
Revenue Officers, their ClalSes and Powers
Powen ofsupe:rintendenc-c of
Boa.rd.
. Exerci:ie of jJ..UUdietion by
single memb<::rs and benches.
' c:ase;. pending at commence
ment of Code.
11. There shall be thc- following classes of the Revenue Officers, namely:- Revenue O!lice1r..
Commissioners (includiug Additional Commissioners);
Settlement Commissioner (including Additional Settlement Commissio
ners);
Collectors (including Ad<litional Collectors);
Settlcmen t Office, s;
Sub-Divisional Officers;
"< Assistan ~ Callee tors;
Deputy Coll cc tors;
[Deputy Se ttkmen t Officers; Ji
.\ssi ~tan 1. Se ttlcmen t Officers;
Ta.hsildars (including· Additional Tahsildan1;
Superintendents of Land Records;
:'\ai b-Tahsikh.1rs;
A..ssi sta '.1 t Super in te:1 den ts of Land Records.
12, (I) All Revenue Officen-. ~hall lie sub-ordinate to the State Govern. Control onr R~·e,me OflicC'r,,.
Ill('nt.
(2) All Revenue OJJicers in a Division shall be subordinate to the Commi
!!lioner.
(3) L'nks~ the State Government otherwise directs all Revenue Officers
in a district shall he subordinate to the CoJlector.
13. (l) The State Government may create divisions comprising of such
districts as it may deem fit and may abolish or alter the limits of such divisjons
J. In~- hy M. P. Act 15 uf 1960, .S.2.
Power to alter, c~ate or abolish
divisions, diltrict, au.b-divuk,n$
and tahsils.
tim MADHYA PRADESH LAND RFVENUE CODE, 1959
Power to appoint Commis&ioncrs
ofdivMons.
PoWf:r to appoint Additional
Commissioner.
Power to appoint Collector
Power to appoint Additional
CoJlectors.
Appointment and powers of
Assistant Collectorn and
Deputy Collectors.
{2) The State Government may alter the limits of any district or tahsil "'
and may. cr~ate new, .o~ _aboJish existing district~ or tahsils, and may divide--
any distrJCt mto sub-d1vrnons and may alter the hmits of or abolish any sub-
division :
1
Provided that the State Government before passing any orders under
thi~ section on aHy proposal to alter the limits of any division or district or tahsih
or to create ~ew or abolish existing divisiom, districts or raJisils, shall publish
in the prescnbcd form such proposals for inviting objection~ and shall take
into consideration auy objCctions to such propn~al.
(3) Subject to the orders of lhc State Gov("rnme:-it under sub-section
(2), every tahsil shall be deemed lo be a su]J-division ofa district.
14. (l) The State Government shall appoint in each divis10n ;,. Commi
ssioucr who shall exercise therein the powers and discharge the duties coHferred
and imposed on a commissioner hy or u;1der this Code or by or under anv
other enactment for the time bcin,~ in frircc.
(2) The State Government may, mhject to such conditions as it mav
deem fit to impose, by notification, co11fcr upon the Commissioner any of the
powers or fanetions as~igaed to the State Government by or under any enact
ment for the time being in force.
15 (I) The State Goverr,mcnt may appoint an Addition! Commiw
ssioner in a division or in two or more divisions.
(2) An Additional Commissio,1er shall exercise such powers c,nd dis
charge such dutie,; c::i11ferred and imposed on a Commissioner by or under
this Code or by or un.dcc any other enactment for the time being in force
insurh cases or class of cases as the State Government may, by a general order,
notify or as the Commissioner of the division may, subject to anv general or
special re,trictions imposed· by the State Government, by an order in writing
direct. >
(3) This Co::le and every other enactment for the time being in force
and any rnle mfld'! u'l-1,:r this Co:l,:: or :-!'lY such other enactment shall, except
where ex.pre>s1y dlrecte:i otherwise, apply to the Additional Commissioner
when exerci'iing- any powers or di,charging any duties under sub-section (2)
as if he 1'/Cre the Com"ni~sioiter of the division.
16. The State Government shall appoint ir:i each district a Collector
who shall exercie~ therci.'1 the pfJwcrs and dis,;harge the duties conferred and
imposed 0-11 a C 1J!ler:tor hy or under this (;ode or any other enactmentfor the
time being in force.
17. (I) The St.-tte Government may appoint one or more Additional
Collectors in a di~trict.
(21 An Additio;1al Collector shall exercise such powers and discharge
Sitch dntics confern:d a'1d imno.,ed O'l a Dolkdor by or under this Code or by
or und"' a!lY r)thf'r FT1cr'lle,1t for tlie time being i'l force, in sur:h cases or
rlas5 of cases as tht: State Governmf:nt may, by ~ g-cneral o,der,. notify_ o: as
1:he Gollcctor of the rfistric:t mav, suhject to a>lf g-erieral or wecial restnctJOns
imposed by the State G-.vernment, b)' an order in writing direct.
(31 This Code and everv other enactmen1" for the time bein_g in force
and anv rnle made nn<ler this,Code or any mch other enactment shall, ex,cpt
when:. exures3Jv dirert-:d o~hcrwis.e, apply to. the A..-Iditi0nal ~ollector, \~'}1~~
exerc1smg a.r:iv power~ or d1schargmg- anv d,tties under sub-scctrnn (21, as 1 -
were the Collect0r of the district.
18. The State Government may aoooint for each district a~ mary persons
as it thinks fit to be A~sistant CoJlectors of the first and second _i;:-rades and Deputy
Collectors who shall exercise such powers as the Sta1c Gcvernmer,t r.-:y, !iy
notificati.on, direct.
19. (l) The State Government roay appoint in each tahsil a Tahsildar
and one or more Naib-Tahsildars who shall exercise therein the powers and
perform the duties conferred or imposed on them by or under this Code or under
any other enactment for the time being in force.
(2) The State Government may appoint one or more Additional Tah
sildars in a tahsil. An Additional Tahsildar shall cxrercise such powers and
discharge such duties connferred or imposed on a Tahsildar by or under this
Coe.le or by or 1mder any other enactment for the time being in force as the
Collector of the district may by an order in writing direct.
20. {I) The State Government may appoint to each district as many
persons as it thinks fit to be Superintendents of Land Records and Assistant
Superintendents of Land Records.
(2) The Superintedents and A~sistant Superintendents of Land Records
shall exercise the powers and perform the duties crniforred and imposed on
them by or under this Code or anv other enactment for the time being in
force. ·
21. (!) The State Government may appoint such other officers and
invest them with such powers as may be necessary to give effect to the provi
sions of this Code.
(2) Such officers shall discharge such duties and be subordim,te to such
authoritie:s as the State Govrnment may direct. ·
Appointment of Tahsiltlan,
Additional Tai1,ildan and
Naib-Tah.sildars.
Appointment of Sup~rintendents
of Land Record.~ and Assistant
Superintendent, of Land
Records.
Other Offiet-n,
22, [ ( l) The Colle{' tor may place one or more Assi~tan t Collectors of rn b-divisiona l Officer~.
D~p uty Collectors in-charge of a sub-division of a district or in-charge of tv,.·o
or more sub-divisions of a district]1
(2) Such· Assistant Collector or Deputy Collector shall be called a Sub
Divisional Officer and sh:i.11 exercise such powers of a Coller.tor as the State
Government may, by notifir.a.tion, direct. ·
23. Unless the Collector otherwise directs, every Revenue Officer in a
sub-division shall be subordi'late to the Sub-Divisional Officer and a :!\a.ib
Tah~ildar in a tahsil shall be subordinate to the Tahsildar.
24. (I) The State G:wcrnmc-nt may conrer on any person the powers
conferred by or w1dcr this C:ode on any Revenue Officer.
(2J 'l11c State Government may confer on any Assistant Collector,
Tahsildar or :hib-Tah~ildar the powers conferred by this Code on a Revenue
Officer of a higher grade_
25. lf any- Revenu": Officer, who has been invested with any powers
under this Cod,c: in U'l\' talnil or district, is . cransferred to an equal or hi1!her
0ffir,e of the same na t 1 ;re in ,ny other tahsil or district, · he ~hcil I, ll.': ks~ ' · t 1": e
State Gaverame:1t ot".ierwisc directs, ex1'.rcise the s.,1.me pn1,vcrs under thi~ Code
in such other tahsil or district. ·
26. If the Col lee tnr di,c:s or is disabled from pcrforn,ing hio r,,,1 ;,,,, 1 J.e
0 f!k:cr who is wmnorari!v nJar,ed in charge of the current duties of the Collector
shall he held to be the Colledor ll'tder -this Code inti! the State Gov,,,.nmc'lt
apooints a succe~mr to the nollector so dying or <lisabled and snrh sncre%or
tale~ charge of his aonoin.tmelt.
CHAPTER IV
Proct!dure of revenue officers and Revenue Courts
Subonlination of Revenu"'
Officrrs.
Confrrral bv State Government
of po wcrs of R ev~n ue Officers
on Officials and other persons.
Poweri exercisahle on transfer.
Collector in case of temporary
vac:incy,
27. Except for reasons to be ~ecorded in \ffiting, no Revenue Officer Place for holding enquiries.
,h;,11 <'Tiq11irc into. oi hear' ;inv case- r-.t a'lY pb C<" on tside the loc;iJ limits of his
jurisdiction :
l. Subs. b,,- !\I. P. Act 53 of J 984. S. 2.
THE MADHYA PRADESH LAND REVENUE CvDE, 1959
Power to enti:r upon and
,utVey land.
Powe, to transf<'f rase,.
Power to tran,frr ca.,.,-, to and
from subonlinJ!I".
Conferral oi ,1.,:us of Cnurti
on Board an,i Rrve!'w
Oftic""'·
lnbe~n! p<iwer ,,r R.-•ffnu.
Courtl!.
Powe,-,, of Reve,rnr Officers to
require attendance of penoru.
and productin of rlocumen'
aud to n:c6ve e•idence,
Provided that a Sub-Divisional Officer may enquire into, or hear, an}'
casb at any place within the <listr'ct 10 which he is appomted.
28. All Revenue officers, revenue inspectors, measurers an<l patwarit
and when under their observation and control, their servants and ,vorkmen
when so directed, may enter upon and survey land and demarcate boundariet
and do other acts connected with their duties under this Code or any other
enactment for the time being in force and in so doing shall cause no more damage
than may he required for the due performance of their duties :
Provided that no person shall enter into any building or upon any enclosed
court or garden attached to a dwelling house, unlcs.; with the coment of the
occupier thereof, without giving such occupier at lel':st twenty-four hours notice,
and in making such c;1try due regard shall be paid to the social and religon~
sentiments of the occupier.
29. (I) Whenever it appears to the Board that an order under this sec
tion is expedient for the ends of justice, it may direct that any particular case
be transferred from one Revenue Officer to another Revenue Officc·r of and
equal or su!)erior rank in the same district or any other district.
(2) The Commissioner, on an application made to him in this bchali
may, if he is of opinion that it is expedient for the ends of justice, order that
any particular case be transferred from a Revenue Officer to ar,other Revenue
Officer of an equal or superior rank in the same district or :my other district
m the same division.
30. (1) A Collector, a Sub-Divisional Officer, or a Tahsildar nrny lll<lke
over any case or class of cases arising under the provisions of this Code or anv
other enactment for the time being in force, for decision from his own file t~
any" Revenue Officer subordinate to him competent to decide such case or class
of c.:i.scs, or may withdraw any case or class of cases frc-'ll any such Revenue
Officer and may deal with such case or class of cases himself or refer the same
for disposal to any other Revenue Officer subordinate to him competent to
decide such case or clas,; of cases.
(2) \ Commissioner, a Collector, a Sub-Divisional Officer, or a TahsiJ
dar may make over for inquiry and report any case or class of eases ari~ing under
the provision, ofthi.'> Code or any other enactmet for the ,:me being in force
from his own file to any Revenue Officer subordinate to him.
31 . .The Board or a Revenue Officer, while exercising power under thh
Cock or any other enactrne11t for the time being in force to enquire into or to
decide any question arising- for determination between the State Governmct
and any person or between parties to any proceedings, shall be u Revenue
Court.
32. Nothin~ in this Code shall be deemed to limit or othernise affect
the inherent power of the Re\'enue Court to make such order~ as may be nece
ssary for the ends of justice or to prevent the abuse of the process of the Court.
33. (1) Subject to the provisions of section~ 132 and 133 of the Code of Civil
ProtExcerpt shown. Open the full act in Lexace.