The Uttar Pradesh Revenue Code-2006
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act2 THE UTTAR PRADESH REVENUE CODE, 20061 (U. P. Act no. 8 of 2012) Amended by U. P. Act No. 04 of 2016 U. P. Act No. 07 of 2019 U.P. Act No. 28 of 2020 U.P. Act No. 04 of 2021 U.P. Act No. 10 of 2026 [Passed by the Uttar Pradesh Legislative Assembly on 21 September, 2006 and by the Uttar Pradesh Legislative Council on October 10, 2006. Received the assent of the President on November 29, 2012 and was published in the Uttar Pradesh Gazette, Extraordinary, dated December 12, 2012. ] AN ACT to consolidate and amend the law relating to land tenures and land revenue in the State of Uttar Pradesh, and to provide for matters connected therewith and incidental thereto. IT IS HEREBY enacted in the Fifty-seventh Year of the Republic of India as follows :β CHAPTERβI Preliminary Short title, extent and commencement 1. (1) This Act may be called the Uttar Pradesh Revenue code, 2006. (2) It extends to the whole of Uttar Pradesh. (3) It shall come into force on such date* as the State Government may, by notification, appoint and different dates may be appointed for different areas or for different provisions of this Code. Applicability of the Code 2. The provisions of this Code, except Chapters VIII and IX shall apply to the whole of Uttar Pradesh, and Chapter VIII and IX shall apply to the areas to which any of the enactments specified at serial numbers 19 and 25 of the First Schedule was applicable on the date immediately preceding their repeal by this Code. Extension of the Code to new areas 3. (1) Where after the commencement of this Code, any area is added to the territory of Uttar Pradesh, the State Government may, by notification, extend the whole or any provision of this Code, to such area. (2) Where any notification is issued under sub-section (1), the provisions of any Act, rule or regulation in force in the area referred to ββββββββββββββββββββββββββββββββββββββββββ 1. For Statement of Objects and Reasons see at the end of this Act. * Rajaswa Anu-1 vide notification no. 1879/1-1-2015-15(1)/1998-19 T.C.-III Lko Dt. 18 Dec. 2015, Sec. 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 233 and 234 of U.P. Revenue Code, 2006 shall come into force on Dt. 18-12-2015 and remaining provisions of said Act shall come into force on dated 11-2- 2016. [The Uttar Pradesh Revenue Code, 2006] 4 in the said sub-section which are inconsistent with the provisions so applied, shall be deemed to have been repealed. (3) The State Government may, by a subsequent notification, amend, modify or alter any notification issued under sub-section (1). Definitions 4. In this Code,β (1) βabadiβ or βvillage abadiβ means such area in a village which, on the date of commencement of this Code, is being used for the purposes of residence of its inhabitants or for purposes ancillary thereto such as sahan and green trees wells etc. or which may have been or be hereafter reserved for such use ; (2) βagricultureβ includes horticulture, animal husbandry, pisciculture, flower farming, bee keeping and poultry farming ; (3) βagricultural labourerβ means a person whose main source of livelihood is manual labour on agricultural land ; (4) βbankβ shall have the meaning assigned to it in the Uttar Pradesh Regulation of Money Lending Act, 1976 ; (5) βBhumi Prabandhak Samitiβ means a Bhumi Prabandhak Samiti constituted under section 28-A of the U. P. Panchayat Raj Act, 1947 ; (6) βBoardβ means the Board of Revenue constituted or deemed to be constituted under section 7 ; (7) βcharitable institutionβ means any establishment, undertaking, organization or association formed for a charitable purpose, and includes a specific endowment ; (8) βCollectorβ means an officer appointed as such by the State Government under sub-section (1) of section 12 and shall include- (a) an Additional Collector appointed by the State Government under sub-section (2) of the said section ; and (b) an Assistant Collector of the first class empowered by the State Government by notification to discharge all or any of the functions of a Collector under this Code ; (9) βConsolidated Gaon Fundβ means the Consolidated Gaon Fund constituted under section 69 ; 1[(10) βfamilyβ, in relation to a tenure-holder, means himself or herself and his wife or her husband or third gender spouse, as the case may be, (other than a judicially separated wife or husband or third gender spouse), minor sons and minor daughters other than married daughters and third gender minor issue. Explanation.βThird Gender means such a person who is of a gender different from the male or female gender.] Provided that where the question relates to the transfer of any land and the transferee is a minor, the expression βfamilyβ shall include the parents of such minor ; ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 2 of U.P. Act No. 28 of 2020. [The Uttar Pradesh Revenue Code, 2006] 6 (11) βgrove landβ means any specific part of land in a holding having trees (not including papaya, banana plants) planted thereon in such manner that they preclude, or when full grown will preclude, the land or any considerable portion thereof from being used primarily for any other purpose, and the trees on such land shall constitute a grove; (12) βholdingβ means a parcel of land held under one tenure or one lease, engagement or grant ; (13) βimprovementβ, in relation to a holding, means any work which adds materially to the value of the holding which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the holding, is either executed directly for its benefit or is after execution, made directly beneficial to it, and, subject to the foregoing provisions, includesβ (i) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes ; (ii) the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage from water ; (iii) the planting of trees and the reclaiming, clearing, enclosing, leveling or terracing of land ; (iv) the erection of buildings on, or in the vicinity of the holding elsewhere than in an abadi or urban area, required for the convenient of profitable use or occupation of the holding ; and (v) the renewal or reconstruction of any of the foregoing works, or alteration therein or additions thereto ; (14) βlandβ, except in Chapter VII and VIII and sections 80, 81 and section 136, means land held or occupied for purposes connected with agriculture ; (15) βland holderβ means the person to whom rent is or but for a contract, express or implied would be payable ; (16) βRevenue Courtβ means all or any of the following authorities (that is to say) the Board and all members thereof Commissioners, Additional, Commissioners, Collectors, Additional Collectors, 1[Chief Revenue Officers, Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant Record Officers, Tahsildars, Tahsildars (Judicial) and Naib Tahsildars;]. ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 5(c) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 8 1[ (17) βRevenue Officerβ means the Commissioner, an Additional Commissioner, the Collector an Additional Collector, the Chief Revenue Officer, the Sub-Divisional Officer, an Assistant Collector, the Settlement Officer, an Assistant Settlement Officer, the Record Officer, an Assistant Record officer, the Tahsildar, the Tahsildar (Judicial), the Naib Tahsildar and the Revenue Inspector. ] (18) βSub Divisional Officerβ means the Assistant Collector in charge of the Tahsil ; (19) βtaungya plantationβ means the system of afforestation in which the plantation of trees is, in the earlier stages, done simultaneously with the cultivation of agricultural crops which ceases, when trees so planted begin to form a canopy, rendering the cultivation of agricultural crops impossible ; (20) βvillageβ means any local area whether compact or otherwise, recorded as a village in the revenue records of the district concerned, and includes an area which the State Government may, by general or special notification, declare to be a village. (21) βvillage artisanβ means a person whose main source of livelihood is manufacture or repair of traditional tools, implements and other articles or things used for agriculture or purposes ancillary thereto, and includes a carpenter, weaver, potter, blacksmith, silversmith, goldsmith, barber, washermen, cobbler or any other person who normally earns his livelihood by practicing a craft either by his own labour or by labour of any member of his family in any village ; (22) words and expressions 2[Gaon Fund] and 3[Gram Sabha and Gram Panchayat] shall have the meanings assigned to them in the U. P. Panchayat Raj Act, 1947 ; 4[(23) βagricultural yearβ means an year which begins from first day of July and ends on thirtieth day of June of a calendar year. It is also characterized as βfasli yearβ ; (24) βintermediaryβ with reference to any estate means a proprietor, under-proprietor, sub-proprietor, thekadar, permanent lessee in Avadh and permanent tenure-holder of such estate or part thereof ; (25) βleaseβ in relation to mines and minerals shall include a sub-lease, a prospecting lease and an agreement to lease or sublet, and βlesseeβ shall be construed accordingly ; ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 5(d) of U. P. Act no. 04 of 2016. 2. Subs. by sec. 5(h) of U. P. Act no. 04 of 2016. 3. Subs. by sec. 2(a) of U. P. Act no. 04 of 2016. 4. Ins. by sec. 5(i) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 10 (26) βdecreeβ shall have the meaning assigned to it in section 2 of the Code of Civil Procedure, 1908 (Act no. V of 1908) ; (27) βState Governmentβ means the State Government of Uttar Pradesh ; (28) βCentral Governmentβ shall have the meaning assigned to it in section 3 of the General Clauses Act, 1897 (Act no. X of 1897) ; (29) βMinjumla numberβ means a shajra number denoting a component part of a filed which has theoretically been partitioned but physically has not been partitioned. ] CHAPTERβII Revenue Divisions Division of State into revenue areas 5. For the purposes of this Code 1[the State shall be divided into revenue areas comprising divisions which may consist of one or more districts, and each district may consist of two or more districts, and each district may consist of two or more Tahsils and each Tahsil may consist of one or more parganas, and each pargana may consist of two or more villages. ] Constitution of revenue areas 6. (1) The State Government may, by notification, specify β (i) the districts which constitute a division ; (ii) the tahsils which constitute a district ; (iii) the villages which constitute a tahsil. (2) The State Government may, by notification, alter the limits of any revenue area referred to in sub-section (1) by amalgamation, re- adjustment, division or in any other manner whatsoever, or abolish any such revenue area and may name and alter the name of any such revenue area, and in any case where any area is renamed, then all references in any law or instrument or other document to the area under its original name shall be deemed to be references to the areas renamed unless expressly provided otherwise : Provided that before passing any order under this sub-section on any proposal to alter the limits of any revenue area, the State Government shall publish, in the prescribed, manner such proposals for inviting objections, and shall take into consideration any objections to such proposals. (3) The Collector may, by an order, published in the prescribed manner, arrange the villages in a tahsil into Lekhpal circles and the Lekhpal circles into Revenue Inspector circles and specify also the headquarters of each Revenue Inspector within his Circle. ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 6 of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 12 (4) The divisions, districts, tahsils, pargana, Revenue Inspector circles, Lekhpal circles and villages, as existing at the commencement of this Code shall, until altered under the preceding sub-sections, be deemed to be the revenue areas specified under this section. CHAPTERβIII Board and the Revenue Officers Board of Revenue 7. (1) There shall be a Board of Revenue for Uttar Pradesh consisting of a Chairman and such other members as the State Government may, from time to time appoint : Provided that the Board as constituted an functioning immediately before the commencement of this Code shall be deemed to be the Board constituted under this section. (2) 1[ * * * * ] (3) No person shall be qualified for appointment as :β (a) an Administrative Member of the Board, unless he has held an officer not lower in rank than that of a Commissioner, (b) a Judicial Member of the Board, 2[unless he has held an office not below the rank of a Collector.] (4) The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any member, as Judicial Member of the Board, and any such member shall be allotted only judicial business. Jurisdiction of the Board 8. (1) The Board shall be the Chief Controlling Authority. 3[(a) in all matters relating to disposal of cases, appeals or revisions, ; and ] (b) subject to the superintendence, direction and control of the State Government, in all other matters provided in this Code. (2) Subject to the provisions of sub-section (1), the Board shall exercise, perform and discharge powers, functions and duties conferred upon it by or under this Code or any other law for the time being in force. (3) The State Government may authorize any member of the Board to exercise, perform and discharge either generally or in respect of any particular locality or matter, all or any of the powers, functions and duties conferred or imposed on the Board. ββββββββββββββββββββββββββββββββββββββββββ 1. Omit. by sec. 8(a) of U. P. Act no. 04 of 2016. 2. Subs. by sec. 8(b)(ii) of U. P. Act no. 04 of 2016. 3. Subs. by sec. 9 of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 14 Power to distribute business 9. (1) Subject to such rules or orders as the State Government may make or issue, the Board may distribute its business amongst its member as the Board may deem fit, Chairman may constitute bench or benches consisting of more than one member for disposal of a particular case or class of cases. (2) All orders made or decrees passed by a member of the Board in accordance with such distribution shall be deemed to be orders or decrees, as the case may be, of the Board. Decisions of the Board 10. (1) Where any proceeding coming under the consideration of the Board on appeal or in revision is heard by a Bench composed of two or more members, the case shall be decided in accordance with the opinion of such members or of the majority, if any, of such members. (2) Where the members of the Board constituting the Bench are equally divided in opinion as to the decision of a case, it shall be heard by a larger Bench to be constituted by the Chairman, and the case shall be decided in accordance with the opinion of the members constituting such Bench or of the majority, if any, of such members. (3) All decisions given by a member sitting singly or by a Division Bench comprising two members or a larger Bench constituted as aforesaid shall be deemed to be decisions of the Board. Commissioners and Additional Commissioners 11. (1) The State Government shall appoint in each division a Commissioner, who shall, within his division, exercise the powers and discharge the duties conferred and imposed on a Commissioner by or under this code or any other law for the time 1[being in force, and shall exercise authority over all the revenue officers in his division.] (2) The State Government may appoint one or more Additional Commissioners in one or more Divisions. (3) An Additional Commissioner shall exercise such powers and discharge such duties of Commissioner in such cases or classes of cases as the State Government or in the absence of any direction from the State Government, the Commissioner of the division may direct. (4) The provisions of this Code and every other law for the time being applicable to a Commissioner shall apply to the Additional Commissioner when exercising powers or discharging any duties under this section, as if he were the Commissioner of the Division. 2[ (5) The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any Additional Commissioner, as Additional Commissioner (Judicial), and any such Additional Commissioner (Judicial) shall be allotted only judicial business. Such an Additional Commissioner (Judicial shall ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 11 (a) of U. P. Act no. 04 of 2016. 2. Ins. by sec. 11 (c) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 16 exercise such powers and discharge such duties of Commissioner in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Commissioner of the Division, may direct. ] Collectors and Additional Collectors 12. (1) The State Government shall appoint, in each district a Collector who shall be in charge of the revenue administration thereof and shall exercise all the powers and discharge all the duties conferred and imposed on a Collector by or under this Code or nay other law for the time being in force. (2) The State Government may appoint one or more Additional Collectors in a district. (3) An additional Collector shall, subject to the direction and control of the State Government or of the Collector, exercise all powers and discharge all duties of Collector. (4) The provisions of this Code and every other law for the time being applicable to the Collector shall apply to the Additional Collector when exercising powers or discharging any duties under this section as if he were the Collector of the district. 1[ (5) The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any Additional Collector, as Additional Collector (Judicial), and any such Additional Collector (Judicial) shall be allotted only judicial business. Such an Additional Collector (Judicial) shall exercise such powers and discharge such duties of Collector in such cases or classes of cases at the State Government, or in the absence of any direction from the State Government, the Collector of the District, may direct. ] Sub- Divisional Officers and Additional Sub- Divisional Officers 13. 2[ (1) The State Government may appoint in each district as many persons as it thinks fit to be Assistant Collectors of the first or second class. ] 3[ (2) The State Government may place an Assistant Collector first class in charge of one or more sub-divisions of a district, and such an officer shall be called the Assistant Collector first class in charge of a sub-divisional or a Sub-Divisional Officer. ] (3) The officers referred to in sub-section (1) or sub-section (2) shall exercise all the powers and discharge all the duties conferred and imposed upon them by or under this Code or any other law for the time being in force subject to the control of the Collector. (4) The State Government may designate an 4 [Assistant Collector first class] appointed to a district to be an Additional Sub- Divisional Officer for one or more tahsil of the district. ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 12 of U. P. Act no. 04 of 2016. 2. Subs. by sec. 13 (a) of U. P. Act no. 04 of 2016. 3. Subs. by sec. 13 (b) of U. P. Act no. 04 of 2016. 4. Subs. by sec. 13 (c) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 18 (5) Subject to the provisions of this Code the Additional Sub- Divisional Officer shall exercise such powers and discharge such duties of a Sub-Divisional Officer in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector may direct. 1[ (6) The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any Assistant Collector first class, as Sub-Divisional Officer (Judicial) for one or more tahsils, and any such Sub-Divisional Officer (Judicial) shall be allotted only judicial business. Such a Sub-Divisional Officer (Judicial) shall exercise such powers and discharge such duties of a Sub-Divisional Officer in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector, may direct. ] Tahsildars and Tahsildars Judicial 14. (1) The State Government may appoint in each district as many persons as it thinks fit to be Tahsildars and Tahsildar Judicial. (2) Subject to the provisions of this Code the Tahsildar and Tahsildar Judicial shall exercise such powers and discharge such duties as the State Government or the Board, and in the absence of any directions from the State Government or the Board the Collector may direct. Naib- Tahsildars 15. The State Government may appoint in each district as many persons as it thinks fit to be Naib-Tahsildars who shall exercise the power and perform the duties conferred or imposed on them by or under this Code or under any other law for the time being in force. Revenue Inspectors and Lekhpals 16. (1) The Collector may appoint in each tahsil one or more Revenue Inspector for the proper supervision, maintenance and correction of the village records, and for such other duties as the State Government may, from time to time, by general or special order specify. (2) The Collector may appoint in each tahsil, as many Lekhpals for the preparation, maintenance and correction of the village records, and for such other duties as the State Government may from time to time by general or special order, specify. Combination of Office 17. It shall be lawful for the State Government or the authority competent to appoint, as the case may be, to appoint one and the same person, being otherwise competent according to law for any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as it may deem expedient. Recovery of money, 18. (1) The Collector may in cases in which there is claim outstanding on any revenue officer or on any person formerly employed ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 13(d) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 20 papers, and other Government property. as such in his district for public money or papers or other property of the State Government in his charge, by order, for reasons to be recorded, require the money or the particular papers or property detained to be delivered either immediately to the bearer of the said order or to such person on such date and at such place as the order may specify. 1[ (2) If the officer or other person aforesaid does not comply as directed, the Collector shall impose a penalty of two hundred and fifty rupees each day till the direction is complied with, so however, total amount of such penalty shall not exceed twenty five thousand rupees: Provided that the officer or other person, as the case may be, shall be given a reasonable opportunity of hearing before any penalty is imposed on him. ] (3) Imposition of penalty under sub-section (2) shall not bar the prosecution for any offence or recovery of money, papers and other government property under any law for the time being in force. ] Other power of Revenue Officers 19. (1) When any power is exercisable or any duty is dischargeable by any officer or authority under this Code, such power or duty may be exercised or discharged by any superior officer or authority as well. (2) The revenue officers appointed under this Code shall, subject to the control of the state Government, exercise such other powers and discharge such other duties as the State Government may, by any general or special order direct. CHAPTERβIV Boundaries and Boundary Marks Fixation and demarcation of boundaries 20. (1) boundaries of all villages in the State and of all survey numbers in a village shall be fixed and demarcated by boundary marks. (2) The boundary marks shall, subject to the provisions hereinafter contained in this Chapter, be of such specifications and shall be constructed and maintained in such manner as may be prescribed. Obligation regarding maintenance and repair of boundary marks 21. (1) Every tenure-holder shall be responsible to maintain and repair at his cost the boundary marks lawfully erected in his holding or on the boundary thereof. (2) The 2[Gram Panchayat] shall be responsible to maintain and repair at its cost the boundary marks other than those mentioned in ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. and ins. by sec. 15 of U. P. Act no. 04 of 2016. 2. Subs. by sec. 2(a) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 22 sub-section (1), lawfully erected in the villages situate within its jurisdiction. Destruction etc. of boundary marks 22. (1) If any boundary marks lawfully erected in a Lekhpal circle is destroyed removed or damaged, then the concerned Lekhpal shall be bound promptly to report the matter to the Naib Tehsildar. (2) The Naib Tehsildar shall make an inquiry in respect of Such report and shall submit his recommendation to the Sub-Divisional Officer. Power to require erection, repair of renewal of boundary marks 23. (1) The Sub-Divisional Officer may, on receipt of the recommendations of the Naib Tahsildar under section 22, or otherwise, require a 1[Gram Panchayat] in relation to a village and a tenure holder in relation to his holding, to erect or restore proper boundary marks or to repair or replace the same in such manner as may be prescribed. (2) Where the 1[Gram Panchayat] or a tenure holder fails to erect, restore, repair or replace the boundary marks as required under sub-section (1), the Sub-Divisional Officer may cause such boundary marks to be erected, restored, repaid or replaced as the case may be and recover the cost thereof from such 1[Gram Panchayat] or the tenure holder in the manner prescribed. Disputes regarding boundaries 24. (1) The Sub-Divisional Officer may, on his own motion or on an application made in this behalf by a person interested decide, by summary inquiry, any dispute regarding boundaries on the basis of existing survey map or, where they have been revised to accordance with the provisions of the Uttar Pradesh Consolidation of Holidays Act, 1953, on the basis of such maps, but if this is not possible, the boundaries shall be fixed on the basis of actual possession. (2) If in the course of an inquiry into a dispute under sub- section (1), the Sub-Divisional Officer is unable to satisfy himself as to which party is in possession or if it is shown that possession shall been obtained by wrongful dispossession of the lawful occupant, the Sub-Divisional Officer shallβ (a) in the first case, ascertain by summary inquiry who is the person best entitled to the property, and shall put such person in possession ; (b) in the second case, put the person so dispossessed in possession and for that purpose use or cause to be used such force as may be necessary and shall then fix the boundary accordingly. (3) Every proceeding under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within 2[three months] from the date of the application. (4) Any person aggrieved by the order of the Sub-Divisional Officer may prefer an appeal before the Commissioner within 30 days ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 2(a) U. P. Act no. 04 of 2016. 2. Subs. by sec. 18(b) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 24 of the date of such order. 1[The order of the Commissioner shall, subject to the provisions of section 210, be final.] Rights of way and other easements 25. In the event of any dispute arising as to the route by which a tenure holder or an agricultural labourer shall have access to his land or to the waste or pasture land of the village (other than by the public roads paths or common land) or as to the source from or course by which he may avail himself of irrigational facilities, the Tahsildar may, after such local inquiry as may be considered necessary, decide the matter with reference to the prevailing custom and with due regard to the convenience of all the parties concerned. He may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed. Removal of obstacle 26. If the Tehsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed. Revisional powers of Sub- Divisional Officer 27. The Sub-Divisional Officer may call for the record of any case decided by the Tahsildar under section 25 or 26, for the purpose of satisfying himself as to the legality or propriety of such decision, and may, after affording opportunity of hearing to the parties concerned pass such orders as he thinks fit 2[:] 3[Provided that no application under this section shall be entertained after the expiry of a period of thirty days from the date of the order sought to be revised. ] Order not to debar from establishing any right of easement 28. No order made under this Chapter shall debar any person from establishing such right of casement or customary right as he may claim by a civil suit. CHAPTERβV Maintenance of village records List of villages 29. (1) The Collector shall prepare and maintain a register in the form prescribed, containing list of all villages in his district and shall show thereinβ ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 2 of U. P. Act no. 07 of 2019. 2. Subs. by sec. 21 of U. P. Act no. 04 of 2016. 3. Ins. by sec. 21 Prov. of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 26 (a) the areas which are liable to fluvial action ; (b) the areas which have precarious cultivation ; and (c) such other particular as may be prescribed. (2) The register shall be revised every five years or at such longer intervals as may be prescribed. Maintenance of Map and Field Book 30. (1) The Collector shall maintain, in the manner prescribed, a map and a field book (khasra) for each such village and shall cause to be recorded therein, annually, or at such longer intervals as may be prescribed, all changes in the boundaries of the village or survey numbers, and shall also cause to be corrected, any errors or omissions which are, from time to time, detected in such map or field book (khasra). 1[ (2) The minjumla number shall be divided physically in the manner prescribed and revenue records including map and khasra shall be corrected accordingly.] Record of Rights 31. (1) The Collector shall maintain, in the form and manner prescribed, a record of rights (Khatauli) for each village, which shall contain the following particulars, namely β (a) the names of all tenure holders together with survey numbers or plot numbers held by them and their areas. (b) the nature or extent of the 2[respective interests including shares] of such persons and the conditions or liabilities, if any, attaching thereto ; (c) the rent or revenue, if any, payable by or to any such person. (d) particulars of all land (other than holdings) belonging to or vested in the 3 [State Government, Central Government, Gram Panchayat] or a local authority. (e) such other particulars as may be prescribed. 4[ (2) Shares of the co-tenure holders shall be determined in the manner prescribed. ] Correction of records 32. (1) Subject to the control of the Collector, the Sub- Divisional Officer the Tahsildar, or the Revenue Inspector shall record, in the manner hereinafter provided in this Chapter, all changes in the record of rights (Khatauni), the field book (Khasra) and the map that may take place, and all transactions that may affect any of the rights or interests recorded, and correct therein any error proved to have been made in the records previously prepared : ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 22 of U. P. Act no. 04 of 2016. 2. Subs. by sec. 23(b)(i) of U. P. Act no. 04 of 2016. 3. Subs. by sec. 23(b)(iii) of U. P. Act no. 04 of 2016. 4. Ins. by sec. 23(c) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 28 1[ Provided that order for correction in map shall be passed by the Collector. ] (2) No application for correction of error under sub-section (1) where the claim is based solely on possession as well as involving intricate question of title shall be maintainable. Mutation in cases of succession 33. (1) Every person obtaining possession of any land by succession shall submit report of such succession to the Revenue Inspector of the circle in which the land is situate in such form as may be prescribed. (2) On receipt of a report under sub-section (1) or on facts otherwise coming to his knowledge the Revenue Inspector shallβ (a) if the case is not disputed, record such succession in the record of rights (Khatauni) ; (b) in any other case, make such inquiry as may appear to him to be necessary and submit his report to the Tehsildar. 2[(3)] Any person whose name has not been recorded by Revenue Inspector or is aggrieved by the order passed by the Revenue Inspector under 2[under clause (a) or (b) of sub-section (2)] may move an application before Tehsildar. 3[(4)] The provisions of this section shall mutatis mutandis apply to every person admitted as Bhumidhar with non-transferable rights or as an asami by the Bhumi Prabandhak Samiti in accordance with the provisions of this Code or any enanctment repealed by it. Duty to report in cases of transfer 34. (1) Every person obtaining possession of any land by transfer, other than transfer referred to in sub-section (3) of section 33 shall report such transfer, in the manner prescribed, to the Tahsildar of the Tahsil in which the land is situate. Explanation:β For the purposes of this section, the word transfer includes a family settlement 4[***] 5[ (2) State Government may fix a scale of fees for getting entry recorded in the record of rights on the basis of transfer. A fee in respect of any such entry shall be payable by the person in whose favour the entry as to be made. ] ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 24(b) Prov. of U. P. Act no. 04 of 2016. 2. Renumbered and Substituted by sec. 25(a) of U. P. Act no. 04 of 2016. 3. Renumbered and Substituted by sec. 25(b) of U. P. Act no. 04 of 2016. 4. Omit. by sec. 26(b) of U. P. Act no. 04 of 2016. 5. Subs. by sec. 26(d) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 30 Mutation in cases of succession or transfer 35. (1) On the receipt of a report under section 33 or section 34, or upon facts otherwise coming to his knowledge, the Tahsildar shall issue a proclamation and make such inquiry as appears to be necessary andβ (a) if the case is not disputed, he shall direct the record of rights (Khatauni) to be amended accordingly ; (b) 1[ * * * * ] 2[ (c) if the case is disputed, he shall decide the dispute and direct, if necessary, the record of rights (Khatauni) to be amended accordingly. ] 3[ (2) Any person aggrieved by an order of the Tahsildar under sub-section (1) may prefer an appeal to the Sub-Divisional Officer within a period of thirty days from the date of such order. ] Intimation of transfer and deposit of land revenue 36. (1) Notwithstanding anything contained in section 34, where any document purporting to create, assign or extinguish any title to or any charge on land or in respect of which a record of rights (Khatauni) is prepared, is registered under the ββRegistration Act, 1908ββ the registering authority shall send intimation to the Tahsildar within whose jurisdiction such land is situate in such form and within such time as may be proscribed. (2) Notwithstanding anything contained in this Chapter no order for correction of records under section 32 and no order for recording succession under section 33 and no amendment of record of rights (Khatauni) under section 35 and no correction under section 38 shall be recorded, unless the amount of land revenue due up-to-date in respect of the land to which such order relates has been deposited. Bar against certain suits 37. No suit or other proceeding shall lie in any revenue court at the instance of any person obtaining possession of any land by succession or transfer, until he has made a report under section 33 or section 34, as the case may be. Correction of errors and omission 38. (1) An application for correction of any error or omission in the map, field-book (khasra) or record of rights (Khatauni) shall be made to the Tahsildar in the manner prescribed. 4[ (2) On receiving an application under sub-section (1) or on any error or omission otherwise coming to his knowledge, the Tahsildar shall make such inquiry as may appear to him to be necessary, and refer the case along with his report to the Collector in the case of map correction and to the Sub-Divisional Officer in matter of other correction. ββββββββββββββββββββββββββββββββββββββββββ 1. Omit. by sec. 27(a)(i) of U. P. Act no. 04 of 2016. 2. Subs. by sec. 27(a)(ii) of U. P. Act no. 04 of 2016. 3. Subs. by sec. 27(b) of U. P. Act no. 04 of 2016. 4. Subs. by sec. 29 (a) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 32 (3) The case shall be decided by the Collector or the Sub Divisional Officer as the case may be, after considering any objection filed and evidence produced before him or before the Tahsildar. (4) Any person aggrieved by an order of the Collector or the Sub-Divisional Officer, as the case may be, under sub-section (3) may prefer an appeal to the Commissioner within a period of thirty days from the date of such order, and 1[The decision of the Commissioner shall, subject to the provisions of section 210, be final].] 2[ (5) Any forged or manipulated entry in the map, the khasra or the record of rights (Khatauni) may be expunged under this section. (6) Notwithstanding anything contained in other provisions of this Code, the Revenue Inspector may correct any undisputed error or omission in the record of rights (Khatauni) or Khasra in such manner and after making such inquiry, as may be prescribed. ] Explanation :β The power to correct any error or omission under this section shall not be construed to include the power to decide a dispute involving question of title. Certain orders of revenue officers not to debar a suit 39. No order passed by a Revenue Inspector under section 33, or by a Tahsildar under sub-section (1) of section 35 or by a Sub- Divisional Officer under sub-section (3) of section 38 or by a Commissioner under 3[sub-section (4) of section 38] shall debar any person from establishing his rights to the land by means of a suit under section 144. Presumption as to entries 40. All entries 4[in the record of right (Khatauni)] prepared in accordance with the provisions of this Code shall be presumed to be true, until the contrary is proved. Kisan Bahi 41. (1) Every time when a record of rights (Khatauni) is prepared under this Chapter, the Collector shall as soon as may because to be supplied to every tenure-holder a Kisan Bahi containing such particulars as may be prescribed. (2) The Kisan Bahi shall be a consolidated pass-book for all the holdings held by a tenure-holder in the district. (3) In the case of a joint holding, it shall be sufficient for the purpose of this section if Kisan Bahi is supplied only to such one or more of the recorded co-tenure holders as may apply for it. ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 3 of U. P. Act no. 07 of 2019. 2. Ins. by sec. 29(a) of U. P. Act no. 04 of 2016. 3. Subs. by sec. 30 of U. P. Act no. 04 of 2016. 4. Subs. by sec. 31 of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 34 (4) The tenure holder shall be liable to pay such cost for the Kisan Bahi and in such manner as may be prescribed. (5) Every person holding Kisan Bahi shall, from time to time, be entitled, without any extra payment, to get the amendments made in the record of rights (Khatauni) incorporated in his Kisan Bahi. (6) Whenever a bank or other public financial institution advances loan to a tenure holder on the basis of a representation of the tenure holder that he is a holder of the holdings recorded in the Kisan Bahi, it shall endorse the details of the loan so advanced in the Kisan Bahi. 1[* * *] (7) The tenure holder shall also submit to such bank or other financial institution an affidavit declaring that he has not taken any other loan (which remains wholly or partly unpaid) on the security of the holdings comprised in the Kisan Bahi nor has he transferred the holding or any share therein to any person in any other manner whatsoever. (8) Any tenure holder who in such an affidavit makes any statement which is false and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years and shall, also be liable to fine. (9) Such bank or other financial institution shall also endorse the final repayment of the loan on the Kisan Bahi. Duty to produce information or documents 42. Every person whose rights, interests or obligations are required to be or have been entered in any record or register maintained under this Chapter shall be bound, on the requisition of any revenue officer engaged in compiling or revising such record or register, to furnish or produce for his inspection, within such time as may be specified, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power. CHAPTERβVI Revision of village records Notification of record and survey operations 43. (1) Whenever the State Government is of opinion that in any district or other local area, a revision of records or a re-survey, or both is necessary, it shall publish a notification to that effect and thereupon such district or area shall be deemed to be under record operation or survey operation or both, as the case may be. ββββββββββββββββββββββββββββββββββββββββββ 1. Omit. by sec. 32(c) of U. P. Act no. 04 of 2016. [The Uttar Pradesh Revenue Code, 2006] 36 1[ (2) The State Government may, by notification in the gazette, order that a survey operation or a record operation of abadi or village abadi or village abadi or both shall be made in the manner prescribed.] 2[ (3) The State Government may, by a subsequent notification, amend or cancel the notification issued under sub-section (1) or sub- section (2), or declare the operation to be closed. ] Record Officer and Assistant Record Officer 44. (1) The State Government may appoint a Record Officer who shall be incharge of the record operation or the survey operation or both and may also appoint as many Assistant Record Officers as it may deem fit. (2) The Assistant Record Officer shall, for so lon
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