M.P. LAND REVENUE CODE, 1959

IMPORTANT POINTS TO REMEMBER

[As Amended & Updated after the Amendments by the M.P. Land Revenue Code

(Amendment) Act, 2018 (No. 23 of 2018) (w.e.f. 25-9-2018)]

  • The M.P. Land Revenue Code came into force on 2nd October 1959.
  • Recently major and crucial amendments have been made to M.P. Land Revenue Code, 1959 by the M.P. Land Revenue Code (Amendment) Act, 2018 (No. 23 of 2018.
  • M.P. Land Revenue Code (Amendment) Act, 2018 received the assent of the Governor on 23rd July 2018 and was published in the Gazette of M.P. on 27th July 2018.                           
  • M.P. Land Revenue Code (Amendment) Act, 2018 (No. 23 of 2018) came into force on 25th September 2018.
  • “Abadi” means the area reserved from time to time in a village for the residence of the inhabitants thereof.
  • “Agriculture” includes betel leaves and water nuts produce.
  • “Agriculture” does not include a Forest of big bushes and Beeja plantations.
  • “Agriculture Year” means the year commencing on the First Day of July.
  • Under Section  2 of the Code “Family” includes Husband or wife, children, and parents
  • The collector can issue guidelines under the M.P. Bajar Mulya Mardarshak Siddhanton ka Banaya Jana Tatha Unka Punrikshan Niyam, 2000.
  • “Revenue Year” as defined in Section 2(1)(v) of the Code commences from the 1st of October.
  • Alluvion is not defined in the Code.
  • The principal seat of the Board of Revenue in M.P. is in Gwalior.                     
  • A person shall not be qualified for appointment as a member of the Board unless he is eligible for appointment as a Judge of the High Court.
  • A person shall not be qualified for appointment as a member of the Board unless he has been a Revenue Officer, and has held, for at least five years, an office not lower in rank than that of a Collector.
  • The President/Chairman of the Board of Revenue, Revenue Inspector, and Panchayat Secretary are not revenue officers under Land Revenue Code.                                       
  • All Revenue Officers shall be subordinate to State Government.
  • All Revenue Officers in a division shall be subordinate to Commissioner.
  • Unless the State Government otherwise directs all Revenue Officers in a district shall be subordinate to Collector.
  • State Government has power to alter, create or abolish Divisions, District, Sub-divisions and Tahsils.
  • Unless the Collector otherwise directs, every Revenue Officer in a sub-division shall be subordinate to Sub-divisional Officer.
  • Unless the Collector otherwise directs, a Naib Tahsildar in a tahsil shall be subordinate to Tahsildar.
  • Any Revenue Officer, Revenue Inspector, Nagar Sarvekshak, and Patwari shall not enter into any building or upon any enclosed court or garden attached to a dwelling house without the consent of the Occupier thereof to do acts connected with their duties.
  • According to Section 29 for the ends of justice, a case can be transferred from one Revenue Officer to another Revenue Officer.
  • The Board of Revenue may transfer a case from one Revenue Officer to another Revenue Officer of an equal rank.
  • Commissioner is competent to transfer a revenue case from one District to another under Section 29.
  • Section 31 confers the status of the Court on Board and Revenue Officer.
  • For the ends of justice, Revenue Courts can use the inherent powers.
  • If any person fails to comply with a summons to attend as a witness the Revenue Officer cannot attach his property.                               
  • If any person on whom a summons to attend as a witness or to produce any document has been served fails to comply with the summons, the officer by whom the summons has been issued under section 33 may impose upon him a fine not exceeding rupees one thousand.
  • A party against whom an order has been passed in his absence by a Revenue Officer may apply to have it set aside within thirty days from the date of order or knowledge of the order in case summons was not duly served.
  • Under M.P. Land Revenue Code, not more than three adjournments may be granted by the Revenue Officer to each party for the hearing of a case or proceedings before him.
  • Order of a Revenue Officer shall be reversed or altered in appeal or revision on account of the failure of justice.
  • From an order passed in review, varying or reversing any order, in M.P. Land Revenue Code appeal lies as in case of original order.
  • Appeal against the order passed by Tehsildar lies before Sub-divisional Officer.
  • An appeal from an original order passed under the Code by the Sub-divisional Officer invested with the power of the Collector shall lie to the Collector.
  • Under section 44 of the Code, an appeal from the original order of the Commissioner lies to the Board of Revenue.
  • A second appeal shall lie against every order passed in the first appeal under the Code by the Sub-divisional Officer to the Commissioner.                                   
  • From an order rejecting an application for review, no appeal shall lie.
  • A limitation for filing an appeal is provided in the Code under Section 47.
  • The limitation for filing an appeal before the Collector, against the order passed by Revenue Officer is 45 days.
  • The limitation period prescribed for appeal against the order passed by Collector is 45 days.
  • Revision powers are exercised by the Board of Revenue under Section 5 of the Code.
  • The revision shall lie against the order passed by the Tahsildar before Collector.
  • Under Section 50 of the Code, no application for revision shall be entertained unless presented within 45 days from the date of order or its communication to the party, whichever is later.
  • The revisional authority mentioned in Section 50 of the Code may exercise suo moto power of revision within a reasonable period of time which will depend upon the facts and circumstances of each case.
  • Case law Ranveer Singh Vs. State of M.P. (Full bench) relates to suo moto revision.
  • The collector cannot review an order, which has not been passed by himself, without the prior permission of the Board.                                   
  • An order which has been dealt with in appeal or on revision shall not be reviewed by any Revenue Officer subordinate to the appellate or revisional authority.
  • The execution of the order shall not be stayed for more than three months at a time or until the date of the next hearing, whichever is earlier.
  • The provision of the Limitation Act, 1963 shall apply to all appeals and applications for review and revision both.
  • Any proceeding pending revision immediately prior to coming into force of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2018, if initiated by the Settlement Commissioner, shall be transferred to the Commissioner of the concerned division.
  • Any proceeding pending revision immediately prior to coming into force of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2018, if initiated by the Settlement Officer, shall be transferred to the District Survey officer or Collector.
  • State Government is the owner of all lands of the State.
  • No land revenue shall be payable in respect of any holding up to two hectares used exclusively for the purpose of agriculture.
  • According to Section 59(6), the Bhumiswami shall give a written intimation of division to the Sub-Divisional Officer.                                                    
  • On all lands on which the assessment has not been made, the land survey and the land records are assessed.
  • Commissioner Land Records may commence a land survey in a tahsil area by publishing a notification in the official Gazette to that effect.
  • In respect of the lands under land survey, the Collector shall be the District Survey Officer and the Sub-Divisional Officer shall be the Deputy Survey Officer.
  • All District Survey Officers shall be subordinate to the Commissioner of Land Records.                                        
  • Sub-Divisional Officer is empowered under Section 75 to correct errors in the area or assessment of any survey number or plot number or block number due to a mistake in the survey or arithmetical miscalculation.
  • The collector shall appoint Patwari to each patwari Halka and Nagar Sarveksak to each sector.
  • Any person lawfully acquiring any right or interest in land shall report his acquisition of such right within six months from the date of such acquisition.
  • The Patwari or Nagar Sarvekshak or person authorized under Section 109 has to intimate all reports regarding the acquisition of the right received by him within 30 days.
  • Tahsildar has the power to pass orders relating to mutation.
  • In case of undisputed matter, the Tahsildar shall pass orders relating to mutation within thirty days of registration of the case.
  • In case of a disputed matter, the Tahsildar shall pass orders relating to mutation within five months of registration of the case.
  • Under Section 113 clerical errors which have been made in the record of rights may at any time be corrected by the Collector.
  • According to Section 114-A, Tahsildar may provide Bhoo-Adhikar Pustika to every Bhumiswami.
  • Section 117 provides the provision relating to the presumption of the correctness of entries in land records.                                       
  • The presumption in respect of entries made under Chapter 9 of the Code in respect of entries in the land records is a rebuttable presumption.
  • Disputes regarding boundaries of villages, sectors, survey numbers, block numbers, and plot numbers fixed shall be decided by Tahsildar.
  • Tahsildar is empowered under Section 126 for the ejectment of persons wrongfully in possession. 
  • If a person fails to comply with the order passed under section 133(1) by the Tahsildar regarding removal of obstruction, the Tahsildar may impose on him a penalty which may extend to ten thousand rupees.
  • The collector is liable to pay the compensation in respect of land acquired under Section 135 of the Code for providing a road.
  • The revenue rent assessed on each holding shall be first charged on rents, profits, or produce, therefore.                                                                         
  • The land revenue payable on account of a year shall fall due on 1st April of that year.
  • The dues of the land revenue payable at the commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2018 shall be paid before the 1st of April 2019. 
  • On his death, the interest of Bhumiswami shall not pass by any agreement or contract.
  • The interest of an occupancy tenant in his holding shall on his death, pass by inheritance or survivorship in accordance with his personal law.
  • A usufructuary mortgage of land by a Bhumiswami would not be valid if it is for a period of more than six years.                                     
  • If any mortgagee in possession of the land mortgaged does not hand over control of the land after the expiry of the period of the mortgage or six years whichever expires first the mortgagee shall be liable to ejectment by the orders of Tahsildar.
  • Land relating to Scheduled Tribes is not sold without the permission of the Collector.
  • A bhumiswami can transfer his land on lease only for a period not exceeding five years at a time.
  • If any lease is given under Section 168(1) of the Code for a period exceeding five years then it shall be deemed to have been given for a period of five years.
  • With reference to an application for partition of holding, if any question of title is raised the Tahsildar shall stay his proceedings for a period of three months.
  • A Bhumiswami can seek partition of his agricultural land amongst his legal heirs during his lifetime by applying to the Tahsildar.
  • Every person, who holds land in freehold right immediately prior to the coming into force of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2018 shall be the Bhumiswami of such land.
  • If a Kotwal dies, resigns, or is lawfully dismissed, the service land shall pass to his successor in office.                                       
  • The consolidation Officer is a Revenue Officer, not below the rank of Tahsildar.
  • Village Patel is appointed by Collector.
  • The Sub-Divisional Officer maintains the wajib-ul-are of a village.
  • Any person aggrieved by any entry made in Wazib-ul-are may institute a suit in Civil Court to have such entry canceled or modified within one year from the date of publication of such records.
  • Where a Bhumiswami has been dispossessed unauthorisedly, he will make an application for restitution of possession under Section 250 of the Code, before Tahsildar.
  • The offense under Sec. 250B of the Code is cognizable and non-bailable.
  • In the matters of Partition of holding the jurisdiction of civil court is not excluded.
  • The order passed under S. 248 cannot be challenged before the Civil Court.
  • The provisions of the M.P. Land Revenue Code, 1959 shall not apply to a person who holds land from the Central Government. 

READ MORE:-Rowlatt Act & Jallianwala Bagh Massacre

1 Comment

Leave a Reply

Your email address will not be published.