The Chhattisgarh Land Revenue Code, 1959 No. 20 of 1959 Date 21.09.1959 PDF

The Chhattisgarh Land Revenue Code, 1959
Act 20 of 1959
221
MADHYA PRADESH ACT

No. 20 of 1959
THE MADHYA PRADESH LAND REVENUE CODE, 1959

TABLE OF CONTENTS
Sections : Page
CHAPTER I.
Preliminary
I. Short title, extent and commencement. 232
2. Definitions. 232
CHAPTER II.
Board of Revenue
3. Constitution of Board of Revenue. 236
4. Principal seat and other places of sittings of Board of Revenue. 236
5. Conditions of service of members of Board. 236
6. Salaries and allowances. 236
7. Jurisdiction of Board. 236
8. Powers of superintendence of Board. 237
9. Exercise of jurisdiction by single members and benches. 237

10. Cases pending at commencement of Code. 237
.... CHAPTER III .
Revenue Officers, their Classes and Powers

11 . Revenue Officers. 23 7
12. Control over Revenue Officers. 237
I 3. Power to alter, create or abolish divisions, districts, sub-divisions 23 7

and tahsils.
14. Power to appoint Commissioners of divisions. 238
15. Power to appoint Additional Commissioner. 238
16. Power to appoint Collector. 238
17. Power to appoint Additional Collectors. 238
18. Appointment and powers of Assistant Collectors and Deputy 238

Collectors.
19. Appointment of Tahsildars, Additional Tahsildars and 239
Naib Tahsildars.
20. Appointment of Superintendents of Land Records and Assistant
Superintendents of Land Records. 239
21 . Other Officers. 239

22. Sub-Divisional Officers. 239
23. Subordination of Revenue Officers. 239
Sections : Page
24. Conferral by State Gowrnme r;1 Powers of Revenue Officers 239

on Offiical and other persons.
25. Powers exercisable on transfer. 239

26. Collector in case of temporary vancancy. 239
CHAPTER IV.
Procedure of Revenue Officer11 and Revenue Court11
27. Place for holding enquiries. 239
28. Power to enter upon and survey land. 240
29. Power to transfer cases. 240
3D. Po,vcT to transfer cases to a:1d fron1 subordinates~ 240
Crnlerrnl of St2:tns of Courts on Bo2,.rd and Revenue Officers. 240
32. !.1here.;1t J)O\\·er of R. evenue Conns. 240
33. Powers of Revenue Officers to require attendance of persons and 240
production of documents and to receive evidence.
34. Compelling attendance of witness. 241

35. Hearing in absence of party. 241
36. Acljournment of heafr1g. 241
37. Power to award costs. 241 ,.

38. Manner of executing order to deliver possessioil of immovable 242
property.
39. PP-rsons by whom apn~cirances and applications may be made before 242
aad to Revenue Of!ice~s.
40. Effect of rules in Schedule I. 242

41. Power of Board to make rules. 242
42. Orders of Revenue Officer when reversible by reason of error or 243
irregularit\'.
4.3. Code of Civil Procedure to apply when no express provision made 243
in this Code.
CHAPTER V.
Appeal, Revision and Review
44. Appeal and appellate authorities. 243

45. Transfer of certain pending proceedings to Settlement Commissioner. 244
46. No appeal against certain orders. 244
47., Limitation of appc..ls. 244
48. Copy of order objected to accompany petition. 245

49. Power of appellate authority. 245
Sectio,1s : Pagt
50. Revision. 245
51. Review of orders. 246
32. Stay of execution of orders. 247

()A..,
•· ., I
33. Application of Limitation Act.
34. Pending revisions. 247
35. Application of Chapter. 247
36. Construction of order. 247
CHAPTER VI.
Land and Land Revenue
37. State ownership in all lands. 247
58. Liability of land to payment of land revenue. 248
38.-A. Certain land to be exempted from payment of land revenue. 248
59. Variation of land revenue according to purpose for which land is used. 249
59.-A. Assessment when to take effect. 250
59.-B. Reassessment on diversion of land prior to coming into fore " 250
Code.
60. Assessment by whom to be fixed. 250
CHAPTER VII.
Revenue Survey and Settlem.en ,n Non-urban Areas
~-
A-Application of Chapters and OfficerS
61. Application of this Chapter to lands in non-urban areas. 250
62. Appointment Settlement Commissioner. 250
63. Appointment of Additional Settlement 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 Assistant Settlement Officers. 251
B- Revenue Survey
66. Definitions of revenue survey. 251
67. Notification of proposed revenue survey. 251
68. Formation of survey numbers and villages. 251
69. Separate demarcation of land diverted or specially assigned. 251
70. Power to renumber or Sub-divide survey numbers. 251
71. Entry of survev numbers and sub-divisions in records. 252
72. Determination of abadi of vil!age. 252
73. Power of Settlement Officer to divide or unite villages or exclude area 252
therefrom.
74. Grouping of villages. 252
224 THE MAii)HYA PRADESH LAND REVENUE CODE, 1959
Sections : Page
C-Se tlement of rent .
75. Definition of Settlement. 252
76. Notification of proposed settlement. 252
77. Fixation of assessment rates. 252
78. Maximum and minimum limits for the rate of assessment. 253
79. Fixation of fair assessment. 253
80. All lands liable to assessment. 253
81. Principles of assessment. 253
82. Announcement of Settlement. 253
83. Introduction of Settlement. 253
84. Remission of enhancement to Bhumiswami who relinquishes. 253
85. Term of settlement. 254
86. Power of Collector to complete unfinished proceedings. 254
D-General
87. Inquiry into profits of agriculture and value ofland 254
88. Power to transfer duty of maintaining maps and records to Settlement.
Officer. 254
89. Power of Sub-Divisional Offier to correct errors. 254

90. Power of Collector during term of Settlement etc. 255
91. Power to grant power of Settlement Officer during term of Settlement. 255
91-A. Power to make rules. 255 i
CHAPTER VIII.
Assessment and Re-Assessment of Land in Urban areas
92. Provisions of Chapter to apply to land in urban areas. 255

93. Powers of Collector to divide lands into plot numbers. 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 in to blocks for assessment. 256

97. Collector to fix standard rate of assessment and publication of 256
standard rates.
98. Fixation of standard rates of assessment. 256

99. ivfaximum and minimum limits for the rate of assessment. 256
100. Collector to assess_ plot at rate prescribed. 256
101. Term of settlement. 257

-,
102. Assessment fixed shall be land revenue or rent. 257
103. Land revenue or rent fixed under previous settlement or leases to 257
continue,
'THE MADHYA PRADESH LAND REVENUE ~DE,. 1959
CHAPTER IX
Land Records
ia.ge
Sections :
104. Formation of patwaris' circles and appointment of patwaris thereto. 257
105. Formation of revenue inspectors circles. 257

106. Appointment of revenue inspectors, etc. 257
1-07. Field map. .257
108. Record of rights.
109. Acquisition of rights to be reported.
110. Mutation of acqiusition of right in Field Book and other relevaii.t

land records.
ll I. Jurisdiction of Civil Courts. 25'
112. Intimation of transfers by Registering Officers. 259
113. Correction of clerical errors. 2~
114. Land records. 2~
114-A. Bhoo Adhikar Avam Rin Pustika. 259
115. Correction of wrong entry in Khasra and any other land records by 260
superior officers.
116. Disputes regarding entry in khasra or in any other land records. 260
117. Presumption as to entries in land records. 260
' ll8. Obligation to furnish information as to title. 260
119. Penalty for neglect to furnish information. 260
120. Requisition of assistance in preparation of maps and record of rights. 260
121. Power· to make rules for land records.
122. Exemption from provisions of this chapter.
123. Record-of-rights at commencement of Code.
CHAPTER X
Boundaries and Boundary Marks, Survey Marks
12-4,, Construction of boundary marks of villages and survev numbers er 261

plot numbers. ' l
125. Disputes regarding 'boundaries · between villages, survey numbers an<f 2pil
plot numbers.
i
126. E;jectment of persons wr~ngfully in possession. 261
:t
1.27. D9marcation and maintenance of boundary lines. 262
128. Enforcement ,of repair of boundary or survey marks.
129, Demarcation of boundaries of survey number or sub-division or. plot ·26Q

number.
I
226 THE MADHYA PRADESH LAND REVENUE CODE, 1959

'
:iections: Page
USO;. Penalty for destruction, injury or removal of boundary or survey 262
marks.
131. Rights of way· and other private easements. 262
[32. Penalty for obstruction of way, etc. 263
133. Removal of obstruction. 263
1_;34. Execution of bond for abstaining from repetition of certain acts. 263
1.35. Acquisition of land for road, paths, etc. 263
(S6. Power to exempt from operation of this Chapter. 263
CHAPTER XI
Realisation of Land Revenue
137. Land revenue first charge on land. 263
138. Responsibility for payment of land revenue. 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 defaulter. 265
146. Notice of demand. 265
147. Process for recovery of arrear. 265
148. Costs recoverable as part of arrear. 265
149. Enforcement of processes in other districts. 266
150. Payment under protest and suit for recovery. 266
151. Application of proceeds of sale. 266
152. Land sold for arrears to be free from encumbrances. 266
153. Purchaser's title. 2116
154. Purchaser not liable for land revenue due prior to sale. 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.
4.55. Moneys recoverable as an arrear of land revenue. 267

156. Recovery of moneys from surety. 268
THE MADRY A PRADESH LAND REVENUE CODE,. :r," 227
CHAPTER XII
Tenure-Holders
Sections ~ Pa~c
l 57 • Class of tenure. 268
158. Bhumiswami. 268
159. Land revenue payable by Bhumiswamis. 269
160. Revocation of exemption from liability for land revenue. 269
161. Reduction of revenue during the currency of settlement. 270
162. • * * * * * 270
163. Pending applications for conferral of Bhumiswami ngli L.,. 270
164. Devolution. 271
165. Rights of transfer. 271
166. Forfeiture in cases of certain transfers. 275

167. Exchange of land. 276
l 68 . Leases. 276
169. Unauthorised lease etc. 277
170. Avoidance of transfer in contravention of section 165. 277
170-A. Certain transfers to be set aside. 278

170-B. Reversion of land of members of original tribe which was 278
transferred by fraud.
170-C. Advocate not to appear in proceedings under section 170-A or 170-B 279
without permission.
170-D. Second appeal barred. .279
171. Right to make improvements. 279

172. Diversion of land. 280
173. Relinquishments. 28)
174. Disposal of relinquished sub-division. 281

175. Right of way to relinquished land. 281
176. Abandonment of holding. 281
177. Disposal of holdings. 282
178. Partition of holding. 282

I 79. Rights to trees in holding. 283
180, R~triction on transfer of trees. 28~
CHAPTER XIII
Goverenment Lessees and Service Land
181. Government lessees. 28~
182. Rights and liabilities of a Government lessee. 283

zzs ~ M.f\DHYA PRADESH LAND REVFNUE CODE, .l'J59
S~tions:
183 l Service land. ►
184. Disposal of service land in Sironj Region when services no longer 284
required.
CHAPTER XIV
Occupancy Tenantli
185. Occupancy tenants.
186. Maximum rent. 285

187. Commutation. 285
· 188. Rent. 286
189. Rewmption by Bhumiswami m certain cai;es. 286
190. Conferral of Bhumiswami rights on occupancy tenants. 237
191. Restoration of occupancy tenant. 288
192,. Devolution of rights of occupancy tenants. 288
193. Termination of tenancy. 288
194. Provisions applicable to occupancy tenant whose tenancy 1s 289

terminated.
195. Occupancy tenant's rights or transfer. 289
196. Right of occupancy tenant to make improvement. 290
197. Right of certain persons to apply to set aside transfers by occupancy 290
tenants. y
198. Surrender. 290
I 99. Receipt. 291
200. Penalty for failure to give receipt or for excess recovery. 29 l
201. Remission and suspension of rent consequent on like tratemcnt 291

of land revenue.
202. Reinstatement of wrongfully ejected occupancy tenant. 291
CHAPTER XV
Alluvion and Diluvion

2<)3. Alluvion and diluvion. ··292
204; Power to make assessment and decide disputes. 292
CHAPTER XVI
Conliolidation of Holdmgs
205. Definitions.
206. Initiation of consolidation proceedings.

.
207. Rejection of application.
(,
208. Admission of application.
THE MADHYA PRADESH LAND REVENUE CODE, 1959 229
Sections: Page
-. 209. Preparation of scheme for consolidation of holdings. 293
210. Confirmation of scheme. 294
211. Procedure on confirmation. 294
212. Right of Bhumiswamis to possession of holdings. 294
213. Transfer of rights of Bhumiswamis in holdings. 294
214. No instrument necessary to effect transfer. 294
215. Costs of carrying out scheme. 294
216. Recovery of compensation and costs. 295
217. Suspension of partition proceedings during currency of 295

consolidation proceedings.
218. Transfer of property during proceedings. 295
219. Rights of Bhumiswamis after consolidation same as before. 295
220. Encumbrances of Bhumiswamis. 295
221. Power to make rules, 295
CHAPTER XVII
Village Officers
A-Patels
222. Appointment of patels. 296
223. Remuneration of pa tels. 296
224. Duties of pa tels. 296
225. Duties imposed under any law upon land holders deened to be 297
imposed on patels.
226. Removal of patels. 297
227. Punishment of pa tels. 297
228. Appointment of substitute patel. 297
229. Entrustment of village management. 297
B - Kotwars
230. Appointment of kotwars and their dutie$. 297
231. Remuneration of kotwars. 297
C - Gram Sabha
232. Gram Sabha. 297
CHAPTER XVIII
Rights in Abadi and Unoccupied Land and Its Prodaee
233. Record of unoccupied land. 298

234. Preparation of Nistar Patrak. 298
230 THE
. . MADHYA PRADESH. ' LAND RI· Vi.':NUE CODE, 1959
Sections: Page
235. Matters to be provided for in Nistar Patrak. 298
236. . Provision m Nistar Patrak for certain matters. 299
237. Collector to set apart land for exercise of Nistar 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
241. Measures to prevent theft of timber from Government forest. 300
242. Wajib-ul-an:. 301
243 . Abadi. 302
244. Disposal 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
247. 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 section 250.
251. Vesting of tanks in State Government. 307
252. Maintenance of works of public utility. 308
253. Punishment for contravention of provisions. 308
254. Performance of duties of Gram Sabha by Patel. 309
CHAPTER XIX
Miscellaneous
255. Prescription of standards of cultivation and management. 309
256. Inspection and copies of maps and land records. 309
257. Exclusive jurisdiction of revenue authorities. 309
257-A. Burden of proof and bar of legal practitioners m certain 311

proceedings.
258 General rule making powtr. 311

,. 259.
Sections:
Referenc~ to certain tenures.

Page
SIS:
260. Reference to laws not in force m any region. 316
261. Repeal and savings. 316
262. Transitory provisions. 316
263. Power to remove difficulties. 317

264. Code not to apply in certain cases. 317
SCHEDULE I 317
SCHEDULE TI 326
SCHEDl;J,F III 327
232 THE MADHYA PRADESH LAND REVEJ'l.'UE CODE, 1959
MADHYA PRADESH ACT

(No. 20 of 1959)1
(Rleceiv~d the. assent ~!

the President on the 15th September, 1959; assent first
published 1l1 the Madhya Pradesh Gazette" extraordinary on the 21st
,September 1959.) ·
An Act to consolidate and amend the law relating to land revenue, the ,owers
of Revnue Officers, rights and liabilities of holders of land from thc1 State
Government agricultural tenures and other matters realting to land and the
liabilities i'lcidental there to in Madhya Pradesh.
Be it enacted by the Madhya Pradesh Legislature in the Tenth Year of

the Republic of India as follows : -
CHAPTER I
Preliminary
Short title, extent and
I . (1) This Act may be called the Madhya Pradesh Land Revenue
oommencement. Code, 1959.
(2) It extends to the whole of lvfadhya Pradesh but nothing in this Code
shall apply to such ar-:as as may, from time to time, 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.
Definition•- 2. (I) In this Code, unless there is anything repugnant to the subject
or context,-
(a) "abadi" means the area reserved from time to time in a
village in a non-urban area for the residence of the inhabi-
tants thereof or for purposes ancillary thereto, and any
y
other local equivalent of this expression such as "village
site" or "gaonsthan" shall also be construed accordingly;
(h) "agriculture" includes-
(i) the raising of annual or periodical crops including

betel leaves (Pan) and waternuts (Singhara) and gar-
den produce;
(ii) horticulture;
(iii) the planting and upkeep of orchards; and
(iv) the reserving of land for fodder, grazing or thatch-

ing grass;
(c) "agricultural year" means the year commencing on the

first day of.July or such other date as the State Government
may, by notification, appoint;
(rl) "Board" means the Board of Revenue constituted under

section 3;
I. For Statement of Objects and Reasons ( in EngJish) see Madhya Pradesh Gazette Extra-
ordinary dated the !st Tuly, 1958 page 1136 and ( in Hindi) dat~d the 14th August, 1?58,
page 1301. For Proceedings in Assembly see Madhya Pradesh V1dhan Sabha Proceedings
1958 Volume IV, no. I, pages 10-50, no. 2, pages I00-B5, no. 3, pages 210-247, no. 4, pages
~12-341, no. 5, pages 400-418, no. 6, pages 515 548, 1959, Vol. V, no. 29, page 2594,no. 36, _,.,
page, 3418-3443, no. 37 pages 3476-3526, no. 38, pages 3568-3604, no. 39 pages 3642-3678,
no, 40, pa,;es 3775-3805, no. 41, pages 3917-3988, no. 42, pages 4022-4074, no. 43, pages
4115-4172, no. 44, pages 4303-4352, and no. 45, pages 4358-4429.
2. 2nd October, 1959, see Govt. ofM. P. Revenue Deptt. Notification No. 11135-VII-N dated
the 21st September, 1959 published on pdge 1463 of the !v1adhya Pradesh Gazette Extra~
ordinary, dated the 21st September, 1959.
-233
THE MADHYA PRADESH LAND REVENUE CODE. 1959
(e) "bonafide agriculturist" means a person who cultivates Ian~

personally or who may reasonably be expected to cutli.-
vate personally;
(f) "co-operative society~' rneans a ~o~iety ~eg_iste~·ed as such

,mder any law relating to Co-operative societies Ill force for
the time being in any region of the State;
(g) "Government forest" means a forest constituted as a

reserved forest or protected forest in accordance with the
provisions of the Indian :Forest Act, 1927 (XVI of 1927);
(h) "Government lessee" means a person holding land from

the State Government under section 181;
( i) "holding" means~
(i) a parcel of land separately assessed 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 Bhumiswami under one lease or set of
conditions;
(j) "improvement" means wi,h reference to a holding, any

work which adds materi:\lly 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, includes--
(i) the construction of tanks, wells, water channels,

{ embankments and other works for storage, supply or
distii.bution 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, levelling or terracing of land;
(iv) the erection of bnildings on or in the vicinity of the

holding, elsewhere than in the ab?-di or urban area,
required for the convenient or profitable use or
occupation of the holding; and
(v) the renewal or reconstruction of any of the foregoing

works, or alterations therein or additions thereto;
but does not include--

(a) temporary wells and such waterchannels, embankments,
levelling, enclosures or other works or petty alterations
in or repairs to such works, as are commcnly made by
cultivators of the locality in the ordinary course of
agriculture; or
( b) any work which substantially diminishes the value of any

land, whereever situated, in the occupation of any
other person, whether as Bhumiswami or occupancy
tenant;
Explanation.- A work which benefits several holdinP-s rra.y he deemed to

be an improvement with respect to each of such holding;; ,
THE .M@HYA PRADESH LAND REVENUE CODE, 1959
(k) "land" means a portion of the earth's surface whether or

not under water; and, where land is referred to in this
Code, it shall be deemed to include all things attached to
or permanently fastened to any thing attached to such land;
(lJ "I~dless person" means ~ p_e~son who is a bonafide agricul,

turist and who whether md1v1dually or jointly with other
members of hfr family hold no lands or land less than tho
area which may be prescribed in this behalf;
Explanation.-For purposes of this clause the family of a person shall

be deemed to consist of his spouse, issue and parents.
(m) "land records" means records maintained under the

provisions of this Code;
(11) "legal practitioner" means any person entitled to practise

in any of the courts in Madhya Pradesh under the Legal
Practitioners Act, 1879 (XVIII of 1879), or under any other
law for the time being in force;
(o) "mango grove" means mango trees planted in such numbers

that they preclude or when full grown are likely to preclude
the land on which they stand or any major portion thereof
from being used primarily for any purpose other than
planting of trees;
(p) "orchard" means fruit trees planted in such numbers that

they preclude or when full grown are likely to preclude the
]and on which they stand or any major portion thereof
from being used primarily for any purpose other than
plan ting of trees;
(q) "plot number" means a portion of land in urban area

formed into or recognised as a plot number under section
93, in respect of which the area and the land revenue
payable are separately e:itered in the prescribed records
under an indicative number and includes any portion of
land entered in the previous records under an indicative
number known as khasra or survey number;
(r) "recognised agent" in reference to a party to a proceeding

under the Code 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 authorised in writing by such party to make
appearance on his behalf in such proceedings;
(s) "region" means the Mahakoshal region, the Madhya

Bharat region, the Bhopal region, the Vindhya Pradesh
region and the Siroaj region, or any of these, as the case
may be;
(t) "rents" means whatever is paid or is payable in money or

in kind-
(i) by an occupancy tenant to his Bhumiswami according
to the provisions of sec ti on I 88 or by a lessee to his
Bhumiswami on account of the use or occupation of
land held by him from such Bhurniswami; or
(ii) by a Government lessee to the Government on aeeount
of the use or occupation of land leased out to him
by the Government;
).. See now the Ad•ocates Act, 1961 (25 of 1961).
"Revenue Officer" in any provision of this Code means such

Revene Officer as the State Government may, by
notification, direct to discharge the functions of a Revenue
Officer under that provision;
{•) "revenue year" means the year commencinng on such date

as the State Gover.nment may, in the case of any special
local area, by notification, appoint;
(w) "sub-division of a survey number" means a portion of a

survey number in respect of which the area and the land
revenue payable a,·e separately entered in the land records
under an indicative number subordinate to that of the
survey numbers of which it is a portion;
(3t) "survey number" means a portion of h,.'ld iYt non-urban

area formed into, or recognised as a survey number at the last
preceding revenue survey, or subsequently recognised as
such by the Collector, in respect of which the area and
land revenue payable are separately entered under an indica-
tive number in the land records; and includes, any portion
of land e,1tercd in the land records under an indicative
number known as the khasra number;
(_1) "tenant" means a person holding land from a Bhumiswami

as an occupancy tenant under Chapter XIV;
( t) "tenure-holder" means a person who holds land from the

State Government and who is or is deemed to be Bhumiswami
under the provisions of this Code.·
1,' .c-1) ''timber t1·ees" means t recs ot th e ,.'"oil owmg
· ·
species,
namely : -
(i) Tectona grandis (sagwan);
(ii) Pterocarpus Marsumpium (bija);
(iii) Dalberia latifolia (shisham);
(iv) Shorea robusta (sal);
(v) tinsa;
(vi) Terminalia tomentosa (ain or saj);
(vii) Santalumalbam (Chandan);
(z-2) "to cultivate personally" means to cultivate on one's own

account-
(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 or kind but not
in crop share, or
(iv) by hired labour under one's personal supervision or the
personalsupervision of any member of one's family;
(.t-3) "unoccupied land" means the land in a village other than

the abadi or service land, or the land held by a Bhumis-
wami, a tenant or a Government lessee;
(e-4) "urban area" means the area fqr the time being included
within the limits of any municipal corporation or any
municipality or notified area constituted under any law for
the time being in force relating to municipalities or any
village or group of villages which may be specified by the
State Government as urban area; and the expression
"non-urban area" shall be construed accordingly;
TIIE MAbHYA PRADESH LAND REVENUE CODE, 1959
(z-5) "village" means any tract ofland which, before the coming ~
into force of this Code, was recognised as or was declared
as a village under the provisions cf any law for the time
being in force and any other tract of land which is hereafter
recognised as a village at any revenue survey or which the
State Government may, by notification, declare to be a
village.
(2) Any reference made in this Code to the date of coming into force of
this Code shall be construed as areferenr,e to the date appointed by notifica-
tion under sub-section (3) of section J.
CHAPTER II
Board of Revenue
Cotiti.tutuion of Board of 3. (1) There shall be a Board of Revenue for Madhya Pradesh con-
Reventte .. sisting of a President and two or more other members as the State Government
may, from time to time, :Hnk fit to appoint.
(2\ The Board of Revcnu" as constituted and functioning for the several
regions of this State immediately before the coming into force of this Code,
hereinafter in this Chapter referred to as the existing Board, shall with effect
from the date of coming into force of this Code, be deemed to be the Board of
Revenue for l\fadhya Pradesh constituted under this section.
(3) The President and members of the existing Board shaJl be the first
President and members respectively of the Board of Revenue for Madhya
Pradesh.
Principal seat and other places 4. (1) The principal scat of the Board shall be 2,t such place as the State
of sittings of Board of Revenue. Government may, by notified order, appoint.
, (2) Notwithstanding anything contained in sub-section (1), the President

and members of the Board may a,bo ,it at such otber place or places as the
President of the Board may with the approval of the State Government, appoint.
Conditions of service of member, 5. (I) ,,Yhen any mern her is, by reason of absence or otherwise, unable
of Board. to perform the duties of his office, the State Government may, by notification,
appoint any person to be, for the time being, a member of the Board.
(2) :Except as expressly provided by this Code, the terms ancl condi-
tions of service of the Presidcn t and members of the Board shall be such as may
be prescribed and the terms and conditions laid down by the State Government
for the President and members of the existing Board shall continue in force
until modified or superseded ,mder this section.
(3) A person shall not be qualified for appointment as a member of the

Board unless he -
(a) is eligible for appointment as a Judge of the High Court; or
(b J has been a Revenue Officer, and has held, for at least five years,
an office not lower in rank than that of a Collector.
, 6. There shall be paid to the members of the Board such salaries and
Salaries and allowances. allowances as the State Government rnav determine and those salaries and
allowances shall be charged on the consolidated fond of the State.
Ju~diction of Board. 7. (I) The Board shall exercise the powers and discharge the functions
conferred upon it by or under this Code and such functions of the State Govern-
ment as may be specified by notification by the State Government in that behalf
aad such other functions as have J,,,en conferred or may be conferred by or under
anv Ce,,tra.J or State Act on the Chief Revenue Authoritv or the Chief Controlling
Re~enue Authority. ·
THE MADHYA PRADESH LAND REVENUE CODE,· 1959 237
(2J 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 under any enactment for the time being in force.
8. The Board shall, in respect of all matters subject to its appellate or Powers of superintendence of
revisional jurisdiction, have superintendence over all authorities in so far as Board.
'iuch authorities deal with such matters and may call for returns.
9. The Board may make mies for the exercise of powers and functions Exercise of jurisdiction by
of the Board, by benches constituted of one or more members thereof, and all single members and benches.
decisions given by such benches in exercise of such powers or functions · shall be
deemed to be the decisions_ of the Board.
IO. All appeals, applications for revision and other proceedings pending · Cas;,. pending at·commence
before the existing Board immediately before the coming into force of this Code ment of Code,
shall be heard and decided by the Board.
CHAPTER III
Revenue Officers, their Classes and Powers
11. There shall be th"' following classes of the Revenue Officers, namely:- Revenue Officer,.
Commissioners (including Additional Commissioners);
Settlement Commissioner (including Additional Settlement Commissio-

ners);
Collectors (including Additional Collectors);
Settlement Officers;
Sub-Divisional Officers;
"' Assistant Collectors;
Deputy Collectors;
(Deputy Settlement Qfficers;] 1
As3istant Settlement Officers;
Tahsildars (including Additional Tahsildars);
Superintendents of Land Records;
N ai b-Tahsildars;
Assista:it Superinte•1denrs of Land Records.
12. (I) All Revenue Officers shall be sub-ordinate to the State Govern- Control over Revenue Officers.
mcnt.
(2) All Revenue Officers in a Division shall be subordinate to the Commi.

8Sioner.
(3) Unle5s the State Government otherwise directs all Revenue Officers
in a district shall be subordinate to the Collector.
13. (I) The State Government may create divisions comprising of such Power to alter, create or abolish
districts as it may deem fit and may abolish or alter the limits of such divisions divisions, diatrict, sub-divisions
and tahsils.
l. Ins. by M. P. Act 15 of 1980, .S.2.

l38 THE MADHYA PRADESH LAND RFVENUE CODE, 1959
(2) The State Government may alter the limits of any district or tah$il ""
and may_ cr~ate new, _o~ _abolish existing districts or tahsils, and may divide-
any district mto sub-d1v1s10ns and may alter the limits of or abolish any sub-
division : '
Provided that the State Government before passing any orders under
this section on any proposal to alter the limits of any division or district or tahsih
or to create ?ew or abolish existing divisions, districts or tahsils, shall publish
in the prescribed form such proposals for inviting objections and shall take
into consideration any objections to such proposal.
(3) Subject to the orders of the State Gowrnment under sub-section

(2), every tahsil shall be deemed to be a sub-division of a district.
Power to appoint 9ommissfoners 14. (1) The State Government shall appoint in each division a Commi-
of divisions. ssioner who shall exercise therein the powers and discharge the duties conferred
and imposed on a commissioner by or under this Code or by or under anv
other enactment for the time being in force.
(2) The State Government may, subject to such conditions as it may

deem fit to impose, by notification, confer upon the Commissioner any of the
powers or functions assigaed to the State Government by or under any enact-
ment for the time being in force.
Power to appoint Additional

15 (I) The State Government may appoint an Addition! Commi-
Commissioner. ssioner in a division or in two or more divisions.
(2) An Additional Commissioner shall exercise such powt-rs and dis-

charge such duties conferred and imposed on a Commissioner by or under
this Code or by or under any other enactment for the time being in fore e
in such cases or class of cases as the State Government may, by a general order,
notify or as the Commiss!oner of the division may, subject to any general or
special restrictions imposed by the State Government, by an order in writing
direct. ,.
(3) This Code and every other enactment for the time being in force
and any rule mad'! u--ider this Code or any such other enactment shall, except
wJiere expressly d;rected otherwise, apply to the Additional Commissioner
when exercising any powers or discharging any duties under sub-section (2)
as if he were the Commissioner of the division.
Power to appoint Collector 16. The State Government shall appoint in each district a Collector
who shall exercies therein the powers and discharge the duties conferred and
imposed on a C0llector by or under this Code or any other enactmentfor the
time being in force.
Power to appoint Additional 17. (!) The State Government may appoint one or more Additional
Collectors. Collectors in a district.
(2) An Additional Collector shall exercise such powers and discharge

st1ch duties conferred and imposed O!i a Collector by or under this Code or by
or under any other e'Hctment for the time being in force, in such cases or
class of cases as the State Government may, by a general order,. notifY:. o'. as
the Collector of the district may, subject to any general or special restrict1on,s
imposed by the State Government, by an order in writing direct.
(3\ This Code and every other enactment for the time being in force
anl'I anv rule made nuder this Code or any such other enactment shall, except
where expressly directed otherwise, apply to the Additional Collector, . ':'hen
exercising any power.s or discharging any duties under sub-section (2), as if he
were the Collector of the district. ·
Appointinent and powers of 18. The State Government may anpoint for each district as mary persons
Assistant Collectors ana as it thinks fit to be Assistant Collectors of the first and second grades and Deputy
.Deputy Collectors. Collectors who shall exercise such powers as the State Government rrsy, by
notification, direct.
19. (!) The State Government may appoint in each tahsil a Tahsildar Appointment of Tahsildars,
and one or more Naib-Tahsildars who shall exercise therein the powers and Additional Tahsildars and
perform the duties conferred or imposed on them by or under this Code or under Naib-Tahsildars,
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 exrercise such powers and
discharge such duties connferred or imposed on a Tahsildar by or under this
Code or by or under any other enactment for the time being in force as the
Collector of the district may by an order in writing direct.
20. (!) The State Government may appoint to each district as many Appointmeni of Superintendents
persons as it thinks fit to be Superintendents of Land Records and Assistant of Land Records and Assistant
Superintendents of Land Records. Superintendents of Land
Records.
(2) The Superintedents and Assistant Superintendents of Land Records
shall exercise the powers and perform the duties conferred and imposed on
them by or under this Code or anv other enactment for the time being in
force. ·
21. (1) The State Government may appoint such other officers and Other Officers.
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 subordinate to such
authorities as the State Govrnment may direct.
22- [(l) The Collector may place one or more Assistant Collectors of sub-divisional Officers.
D("p uty Collectors in-charge of a sub-division of a district or in-charge of two
or more sub-divisions of a district] 1
(2) Such Assistant Collector or Deputy Collector shall be called a Sub-

Divisional Officet and shall exercise such powers of a Collector as the State
Government may, by notification, direct,
23. Unless the Collector otherwise directs, every Revenue Officer in a Subordination of Revenue
sub-division shall be subordinate to the Sub-Divisional Officer and a N aib- Officers.
Tahsildar in a tahsil shall be subordinate to the Tahsildar.
Conferral by State Goverriment
24. (1) The State Governmmt may confer on any person the powers of powers of Revenue Officers
conferred by or under this Code on any Revenue Officer. on Officials and other persons.
(2) The State Government may confer on any Assistant Collector,

Tahsildat or Naib-Tahsildar the powers conferred by this Code on a Revenue
Officer of a higher grade.
25. If any• Revenu~ Officer, who has been invested with any powers Powers exercisable on transfer.
under this Code in any tahsil or district, is : transferred to an equal. or higher
()£lice of the same nature in a'1y other tahsil or district, he shaJJ, unless tr.e
State Gavernme:i.t or;1crwise directs, exercise the same powers under this Code
in such other tahsil or district.
26. If the Collector dies or is disabled from performing his n,,i;,,,_ tl\e Collector in case of te'mporary
officer who is temoorarily Placed in charge of the current dutie_s of the Collector vacancy.
shall be held to be the Coller.tor under this Code u,til the State Government
appoints a successor to the Collector so dying or disabled and su~h sntcessor
fakes charge of his appointment.
CHAPTER IV
Procedure of revenue officers and Revenue Courts
27. Except for reasons to be recorded .in wtiting, no Revenue Officer Placeforholdingenquirie,.
shall enquire into, ot
hear, any case at _any place o,ttside the local limits of his
jurisdiction :
I. Subs. by M. P. Act 53 of 1984, S.2.
~, .,
240 THE MADHYA PRADESH LAND REVENUE Cv:0~. 1959
Provided that a Sub-Divisional Officer may enquire into, or hear, an}

case at any place within the distr'ct to which he is appomted.
Power to enter upon and 28. All Revenue officers, revenue inspectors, measurers and patwadt
survey land. and when under their observation and control, their servants and workmen
when so directed, may ente~ upon and survey land and demarcate boundarie~
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 be 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, unless with the consent of the
occupier thereof: without giving such occupier at leest twenty-four hours notice,
and in making such entry due regard shall be paid to the social and religo1lj
sentiments of the occupier.
Power to tran"fer case,:;. 29. (1) 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 Officn of and
equal or superior rank in the same district or any other district.
(2) T_he Co11;111;1issioner,. o:1 an application made to h_im. in this behalf

may, if he 1s of opm1on that 1t 1s expedient for the ends of Justice, order that
any particular case be transferred from a Revenue Officer to another Revenue
Officer of an equal or superior rank in the same district or any other district
in the same division.
Power to transfer case, to and 30. (1) A Collector, a Sub-Divisional Officer, or a Tahsildar may make
from subordinates. 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 tile t~
any Revenue Officer subordinate to him competent to decide such case or class
of cases, 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 class of cases. :,,
(2) A Commissioner,. a Collector, a Sub-Divisional Officer, or a Tahsi!

dar may make over for inquiry and report any case or class of cases arising under
the provisions of this Code or any other enactmet for the t;me being in force
from his own file to any Revenue Officer subordinate to him.
Conferral of status of Courti, 31. ,The Board or a Revenue Officer, while exercising power under this
on Board and R~venu(" Cod~ or any other enactment for the time being in force to enquire into or to
Officers.
decide any question arising for determination between the State Governmct
and any person or between parties to any proceedings, shall be a Revenue
Court.
Inherent power of Revenue 32. Nothing in this Code shall be deemed to limit or otherwise affect
Courts. tlie inherent power of the Revenue Court to make such orders as may be necc'
ssary for the ends of justice or to prevent the abuse of the process of the Court.
Powei-s of Revenue ·-officen to 33. (1) Subject to the provisions of sections 132 and 133 of the Code of Civil
require attendance of pCnons Proeedure, 1908 (V of 1908) and to rules made under section 41, every Revenue
and productin of document~
and to receive evidence. Officer acting as a Revenue Court shall have power to take evidence, to summon
any person whose attendence he considers necessary either to be examined as
a party or to give evidence as a witness or to produce any document for the
purposes of any inquiry or case arising under this Code or any other enact-
ment for the time beirtg in force.
(2) No person shall be ordered to attend in person, unless he resides-

(a) wjthin the limits of the tahsil if the Revenue Officer acting
as a Revenue Court is a Naib-Tahsildar and in the case of anv
other Revenue Officer, within the local limits of his jurisdiction';
or
(bl without such limits but at a place less than fifty, or where there is
a railway communication or other established public convey~nce
for five-sixths of the distance between the place where he resides
and the place where he is summoned to attend, less than two
hundred miles distant from such place.
(3) Any person present may be required by any such Revenue Officer
to give evidence or to produce any document then and there in his possession
or power.
(4) Every such Revenue Officer shall have power to issue a commi-
ssion to examine any person who is exempted from attending Court or who
cannot be ordered to attend in person or is unable to attend on account of
sickness or infirmity.
Compelling attendance-of
34. If any person on whom a summons to attend as witness or to pro- witness.
duce any document has been served fails to comply with the summons, the
officer by whom the summons has been issued under section 33 may-.
(a) issue a bailable warrant of arrest;
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding rupees fifty.
35. (I) If on the date fixed for hearing a case or proceeding, a Revenue Hearing in absence ofpatry.
Officer finds that a summons or notice was not served on any party due to the
failure of the opposite party to pay the requisite process fees for such service,
the case or proceeding may be dismissed in default of payment of such process
fees.
(2) If any party to a case or proceeding before a Revenue Officer does

not ~ppear on the date fixed for hearing after due service of a notice or summons
on him the case may be heard and determined in his absence or may be dis-
missed in default, as the case may be.
,(3) The party agair,st whom any order is passed under sub-section (I)
or (2j may apply within thirty days from the date of such order or knowledge
of_ the order in case the notice or summons was not duly served, to have it set
aside on _the ground that he was prevented by any sufficient cause from paying
the requ1ste process fees for service of a summons or notice on the opposite party
or from appearing at the hearing and the Revenue Officer may, after notice
to the opposite party which was present on the date on which such order was
passed and after making such inquiry as he considers necessary, set aside the
order passed.
(4) \'\'here an application filed under sub-section (3) is tejected, the

party aggrieved mav file an appeal to the authority to wbom an appeal lies
from an original order passed by sucb officer.
. (5) Except as provided in sub-section (4) or except where a case or pro-

c_eedmg before any Revenue Officer has been decided on merits, no appeal shall
he from an order passed under this section.
36. (I) A Revenue Officer may, from time to time, for reasons to bi- Adjournment ofhearing.
recorded and on such terms as to costs, adjourn the hearing of a case or pro-
ceeding bdr,re him.
(2) The date and place of an adjourned hearing of a case or proceeding ,

shall be intimated at the time of the adjournment to such of the partie, m1d
witnesses as are present.
37. A Revenue Officer may award costs incurred in any case or pro- Power to award costs.
ceeding arising under this Code or any other enactment for the fme being rn
force in such manner and to such extent, as he thinks fit:
··Provided that the fees of a legal practitioner shall n·ot .be allowed as
costs in any such case ot proceeding, unless. such officer considers · otherwiSt> -...
for reasons to be rec01ded by him in writing.
Manner of executing order to 38. Where any person against whom an order to deliver possession of
deliver ponession of immovable
property. i~movable property has been passed under this Cede such order shall be
e~ecuted in the following manner, namely:-
(a) by serv1:1g_ a notice '.m the person or persons in possession requirin,~
them w1thm such time as may appear reasonable after receipt of
the said notice to vacate the land; .and ·
(b) if such_ n~tice is not·· obeyed, _by removing or deputing .a subordi-

nate to remove any person who· may refuse to vacate the. same;
and
(c) if the officer temoving any such person is resisted or obstructed qy

any person, the Revenue Officer shall hold a summary inquiry
into the facts of the case, and if satisfied that the resistance or
obstruction was without any just cause, and that such resistance
or obstruction still continues, may, without prejudice to any pro-
ceedings to which such person may be liable under any law for the
time being in force for the punishment of such resistance .o, obstruc-
tion, . take or cause to be taken, such steps and use, or cause to be
used, such· force· as may, in th0 opinion of such officer, be reasonabl\'
necessary for securing complicance with the order.
~•:-;";f,; C ,
Persons by whom appearances 39. Save as otherwise provided in any other enactment for the time
and applications may be made being in force, all appearances before, applications to and acts to be done be-
liit"fore Md to Revenue Officers.
fore any Revenue Officer under this Code or any other enactment for the 'time
being in force may be made or done by the parties themselves or by their
recognised agents or by any legal practitioner: '
Provided that subject to the provisions of sections 132 and 133 of the
Code of Civil Procedure, 1908 (V of 1908), any such appeaiance shali, if the
Revenue Officer so directs, be made by the party in person:
Provided further that appearance alone may be made by a recognised

agent falling undet item (ii) of clause (r) of sub-section (!) of section 2.
Effect• of ru·,es in Sehedule I 40· ~he rules in Schedule I shall have effect as if enacted in the body
of this Code until annulled 01' altered in .:ccordar,ce with 11:c provisior.s d this
Chapter.
Power of Board to make 41. (!) The Board may, from time to time, make rules consistent with
rule. th~ p, ovisions of this Code regulatir.g the practice ard procedure of the Board
and the procedure to be aI!owed by other Revenue Courts and may by such
rules annul, alter or add to all. or any of the rules in Schedule I.
(2) In particular and without prejudice to the generality of the Powtrs

conferred by sub-section (1), such rules may provide for all or any of the follow-
ing matters, namely:-
(a) the service of summons, notices and other precesses, by post or in
any other manner either generally or in any specified areas, and
the proof of such service;
(b) the regulatior. of power of Revenue Officers to summon parties and

witnesses and the grant of expenses to witnesses;
(c) the regulation of recognised agents with regard to appearances,

applications and acts done by them in proceedings under this Code;
(d) procedure to be observed in effecting attachment of movable and

immovable properties;
/e) procedure for publishing, conducting, setting aside and confirming

sales and all ancillary matters connected with such proceedings;
(ff' 'the maintenance and custody, while under attachment, of li~e-
·stock and other movable property, theJees payable for such mam-
tenance and custo:ly, the sale of such live-stock and property,
and the · proceeds of such sale;
(g) consolidation ofappeals and other proceedings;C:·
(h) all f9rms, registe-rs, books, entries and accounts which may be
. necessary or _desirable for the transaction of the :bllsiness of
-- Revenue Courts;
. (i) the time within which, in_ the absence of any. express provision,
appeals or applications for• revision may be filed;
(j) _ the cost of and _incidental to a~y proceedings;

(k) examination of witnesses on commission and payment of
expenses incidental to such examination;
(1) licensing of petition-writers and the regulation of their conduct.
. .(3) · Suth rules shall be. subject to the condition of previous publication
and approval of the State Government, and after they are so made and approved
they shall be published iil the Gazette, and _shall, from the date of publication
or from such other date as may be specified, have tre same force and effcc, as
if they were contained in Schedule I.
42. No order passed by a Revenue Officer shall be reversed or altered

Orders of Revcnrn: Ofl~cer
i)1 appeal or revision on account of any error, omission or irregularity in the when reversible bv reason of
iiummons, notice, proclamation, warrant or order or other proceedings before error or irregularit)T.
or during any enquiry or other proceedings under this Code, unleess such
error, omission, or irregularity has in fact occasioned a failure of justice.
Explanation.~ In determinining whether any error, om1ss1on or irre-

gularity in any proceedings under this Code has occasioned a failure ofjustlce
"(, regard shall be had to the fact whether the objectioll could and _should have
been raised at an earlie1 stage in the proceedings.
43. Unless otherwise expressly p·rovided in this Code, thA procedure laid down (Code of Civil Procedure to
in the Code of Civil Procedure, 1908 (V of 1908) shall, so far as may be, be followed apply when no· express p10;,1•
in all proceedings under this Code. ,ion ma<lc in this Code.
CHAPTER V
Appeal, Revision And Review
'14. (!) Save where it has been otherwise provided, an appeal shall Appeal and appel*
lie from every original order under this Code or the rules made thereunder_ authoriti•
(a) if such order is passed by any Revenue Officer subordinate

to the Sub-Divisional Officer, whether or not the officer
passing the order is invested with the powers of the Collector
to the Sub-Divisional Officer;
(b) if such order is passed by the Sub-Divisional Officer, whether

or not i:wested with the powers of the Collector-to the
Collector;
(c) if such order is passed by any Revenue Officer suboridinate

to the Settlement Officer-to the Settlement Officer;
(d) if such or~er !s

passed by any Revenue Officer in respect of
whom a d1rec1 on has been issued under subssection (3) of
section 12 or sub-section (2) of section 21-to such Revenue
Officer as ·the State Government may direct;
(e) if such order is passed by a Collector wh!!ther exercising the

:'o,,vPr<:: of (;()11~rt()r _nr S~ttlP,tYl~nt OAi.<".erl durlng th_e currency
of the term of settlement-to the Commissioner;
244 Tim MADHYA l>RA:DESH LAND IWYENUE CO.QE. 1959
(f) if sue~ _order is passed by a Settlement Officer, whether

exerc1smg ~he power~ of S_ettlement Officer or the powers of a
Collect?r m connection :with any settlement operation unless
otherwise expressly provided-to the Settlement Commissioner·,
(g) if such order is passed by the Commissioner or the Settlement

Commissioner-to the Board.
[ (2) Save as otherwise provided a second appeal shall lie against every
order passed in first appeal under this Code or the rules made
thereunder--
(i) by the Sub-Divisional Officer or the Collector to the Commis-
sioner;
(ii) by the Settlement Officer to the Settlement Commissioner;
(iii) by the Commissioner to the Board-

(a) if the original order has in the first appeal been varied or
reversed otherwise than in a matter of cost; or
(h) on any of the following grounds and no other, namely:---
(i) that the order is contrary to law or usage having the

force of law; or
(ii) that the order has failed to determine some material

issue of law or usage having force of law; or
(iii) that thNe has been a substantial error or defect in the

procedure as prescribed by this Code, v.·hich may have
produced error or defect in the decision of the case
upon merits )1
(3) An order passed in review varying or reversing any order shall be

appealable in like manner as the original order.
Transfer of certain pending 45. All proceedings arising from the Madhya Bharat region and pending
proceedings to Settlement
Commis5ioner. before the Director of Land Records in appeal, revision or review immediately
before the coming into force of this Code, shall stand transferred to the Settles
ment Commissioner and every such proceeding shall be heard and decided. by
the Settlement Commissioner as if it had been entertained by him under the
prov1S1ons of this Code.
No appeal against certain [46 No appeal shall lie under this Code from an order---
orders.
(a) admitting an appeal or application for review on the grounds
specified in section 5 of the Indian Limitation Act, 1908 (IX of
1908); 2 or
(b) rejecting an application for review; or
(c} granting or rejecting an application for stay; or
(d) ofan interim nature; or

(e) relating to appointment ,mder sub-section (2) of section lC4 or
sub-section (I) of section ]06.]s
Limitation of appeals.
4i. No appeal shall lie - --
(a) to the Sub-Divisional Officer or Coikctcar er Scuknen, Cfficer
or' Settlrment Commissicner, after the expiration of forty-fhe
days from the date of the order to which ol-jectior. ·sn:,·de; or
Subs by M P. Act 10 of 1974. S. 2.

2. Now see the Limit:afiOn Act, 1963 ( 36 of 1963}.
3. Subs. by M. P. Act. 24 of 1961, S.2.
":' :~,:) !
THE MADHYA PRADESH LAND REVENuE CODE, 195'! 245
(b) tci the Commissioner· after the expiration of si}:ty days from
such date; or
(c) to the Board, after the expiration of ninety days from such date:
Provided that an appeal to any Revenue Officer specified in clause (a)

from an order passed in the Madhya Bharat region before the coming into
force of this Code may be filed before the expiration of sixty days from the date
of such order :
Provided further that where a party, other than a party against whom
the order has been passed ex-parte, had no previous notice of the date on which
the order is passed, limitation under this section shall be computed from the
date of the communication of such order.
48. Every petition for appeal, review or revision shall be accompanied by Copy of order ol!jected to
accompany petition.
a certified copy of the order to which objection is made unless the production
of such copy is dispensed with.
49. (I) The appellate authority may either admit the appeal or, after Powerofappeilate~authority.
calling for the record and giving the appellant an opportunity to be heard, may
summarily reject it:
Provided that the appelltae authority shall not be bound to call for the
record where the appeal is time-barred or doe not lie.
(2) If the appeal is admitted, daatc shall be fixed for hearing and
notice sh"ll be served on 1hc rc•,,ponder:t.
(3) After hearing the parties, if they appear, the appellate authority
may confirm, vary or reverse the order a.ppealed against; or may direct such
further investigation to be made, or such additional evidence to be taken,
as it may think :necessary; or may itself take such addititional evidence; or
may remand the case for disposal with such directions as it thinks fit.
[50. (I) The Board or the Commissioner or the Settlement Commissioner Revision.
or the Collector or the Settlement Officer mav at anv time on its/his motion or
on the application made by any party for the' purpose of satisfying itself/himself
as to legality or propriety of any order passed by or as to the regularity of the
proceedings of any Revenue Officer subordinate to it/him call for, and examine
the record of any case pending before, or disposed of by such officer, and may
pass such order in reference thereto as it/he thipks fit :
Provided that---
(i) no application for revision shall be <>ntertained-·
(a) against at order appealable under this Code:
(b) against an order· of the Settlement Commissioner under section
210;
(ii) no such application shall be cntertairc.ed unless presented . within

sixty days to the Commissioner or the Settlement Com'missioncr ?F
the Collector or the Settlement Officer, as the case may be, or withm
ninetv davs to the Board of Revenue from the date of the order and
in coinpufing the period aforesaid, time requisite for obtaining a copy
of the said order shall be excluded ; ', ·
(iii) no order shall be varied or reversed in revision unless notice .has been
served on the partic,s interested ar,cl opportunity given to them of
being , heard.
(2) Notwithstanding· anything contained 111 sub-section {l)~

(i) · ,,,here proceedings in respect of any case. have been commen~ed qy
the Board under sub-section (I) no 'action shall be tal,:en by the Com-
missioner or the Settlement Commissioner . or the Collecfor ·or. the
Sc-ttlemen t Officer in respect thereof ;
2'4 !i. · THE MA.DHYA PRADESH LAND REVENUE CODE, 1959
(ii) where proceedings in respect of any case have been commenced bY

th~ Commissioner or the Settlement Commissioner under sub-section .,
(I), no action shall be taken by the Collector or Settlement Officer
in respect thereof ;
(iii) where proceedings in respect of any such case have been commenced
by the Commissioner, Settlement Officer under sub-section (1), the
Board may either refrain from taking any action under this section
in respect of such case until the final disposal of such proceedings by
the Commissioner or the Settlement Commissioner or Collector or
the Settlei;nent Officer, as the case may be, or may withd1aw such
proceedings and pass such order as it may deem fit;
(iv) where proceedings in respect of any such case have been commer,c('(l
by the CoJlector or the Settlement Officer under sub-section (I), the
Commissioner or the Settlement Commissioner may either refrain
from takmg any action under this section in respect of such case
until the final disposal of such proceedings by the CoJlector or the
Settlement Officer, as the case may be, or may withdraw such
proceedings and pass such order as it may deem fit.
Explanation.- For the purpose of this sectior- all Revenue Officers shall
be; deemed to be subordinate to the Board.JI
f(e,view o order.ir. 51. (I) The Board and every Revenue Officer may, either on its/his
own motion or on the application of any party interested review any order passed
by itself/himself or by any of its/his predecessors in office and pass such order
in reference thereto as it/he trinks fit ;
Provided that -
rCi) if the Commissioner, Settlement Commissioner, Collector or Settle-
ment Officer thinks it necessary to review any order which he has not
himself passed, he shall first obtain the sanction of tbe Board, and
if an officer subordinate to a Collector or Settlement Officer proposes
to revic,w any order, whether passed by himself or by any predecessor,
he shall first obtain the sanction in writing of the authority to whom '
he is immedjately subordinate.;] 2
[(i-a) no order shall be varied or reversed unless notice has been
given to the parties interested to appear and be heard in support
of such order;]s
(ii) no order from which an appeal has been made, or which is the
subject of any revision proceedings shall, so long as such appeal
orproceedings are pending, be reviewed;
(iii) no order affecting any question of right between private persons

shall be reviewed except on the application of a party to the
proceedings, and no application for the review of such order
shall be entertained unless it is made within ninety days from the
passing of the order.
(2) No order shall be reviewed except on the grounds provided for in,the
G~e of Civil Procedure, 1908 (V of 1908).
; ·· (3) For the purposes of this section the Collector shall be deemed to be
the successor in office of any Revenue Officer who has left the district or who h:as
ceased to exercise powers as a Revenue Officer and to whom there is no successor lll
the district.
(4) An ordtr which has been dealt with in appeal or on revision shall
not be reviewed by any Revenue Officer subordinate to the appellate or revi• · "-
11ional authority.
;Subs. byM. P. Act 25 of 1964, S.2.

2,. In~. by S. 3. ibid.
3. Renumbered by, S.3, ibid
THE MADHYA PRADESH LAND REVENUE CODE,· 1959 247
0
52. (I) A Revenue Officer who has passed any order or his successor Stay ofe:xecution of ordu,.
in office may, at any time before the expiry of the period prescribed for appeal
Ol' revision, direct the execution of such order to be stayed for such time as may
be requisite for filing an appeal or revision and obtaining a stay ord,-r from the
appellate or revisional authority.
(2) The appellate or revisional authority may, at any time direct the
the execution of the order appealed from or against which a revision is made
to be stayed for such time as it may think fit.
(3) The authority exercising the powers conferred by section 50 or section

51 may direct the execution of the order under revision or review to be stayed
for such time as it may think fit.
(4) The Revenue Officer or the authority directing the execution of an

order to be stayed may impose such conditions or order such security to be furnished
as he or it thinks fit.
(5) No order directing the stay of execution of any order shall be passed
except in accordance with the provisions of this section.
53. Subject to any express provision contained in this Code the pro- Application of Limitation Act.
visions of the Indian Limitation Act, 1908 (IX of 1908),· shall apply to all appeals
and applications for review under this Code.
54. Notwithstanding anything ccntained in this Chapter, but subject Pending revision.
to the provisions of section 45, all proceedings pending in revision before any
Revenue Officer immediately before the coming into force of this Code, shall
be heard and decided by such Revenue Officer as if this Code had not been passed.
55. For avoidance of doubt, it is herebv declared that save as other- Application of chapter.
wise expressly provided in this Code, the provision; of this Chapter shall apply to-
(a) all orders passed by any Revenue Officer before the date
of coming into force of this Code and against which no
appeal or revision proceedings are pending before such
date; and
(b) all proceedings before Revenue Officers, notwithstanding that

they were instituted or commenced or arose out of proceedings
instituted or commenced before the coming into force
of this Code.
[56. In this Chapter, unless the context otherwise requires, expression Construction of order.
"order'· means the formal expression of the decision given by the Board or a
Revenue Officer in respect of any matter in exercise of its/his powers under this
Code or any other enactment for the time being in force, as the case may be.] 2
CHAPTER VT
LAND AND LAND REVENUE
57. (ll All lands belong to the State Government and it is hereby State ownenbip in all .lands.
declared that all such lands, including standing and flowing water, mines,
quarries, minerals and forests reserved or not, and all rights in the sub-soil of any
land are the property of the State Government :
[Provided that nothing in this section shall, save as otherwise provided

in this Code, be deemed to affect any rights of any person subsisting at the coming
into force of this Code in any such property.JS
1. Now oee the Limitation Act, 1965 ( 36 of 1963),

2. Subs. by M. P. Act IO of 1974, S. 3,
I. Subs. by M. P. Act 8 of 1979, S. 2.
THE MADHYA PRADESH LAND REVENUE CO])E, ·1959
(2) there a dispute ?sises between the Sw.1e Governrrent and an,···person
q i
in respect of any right under sub-section (!) such dispute shall tH; decided by ...
the [Sub-divisional Officer.) 1
(3) Any pcrsou aggrieved by any order passed under sub-section (2)
may institute a civil smt to contest the validity of the order within a period of
one year from the date or such order.
L3d.(a) Notwithstanding anything contained in the Code of Civil Procedure,

1908 (V of 1908) no Civil Court shall, in a civil suit instituted
under sub-section (3) OJ! or after 24th October 1983, by
ord"r of tempornry injunction disturb the person to whom possession
is restored undu· section 250 if such person furnishes a reliable surety
to recompensate the aggrieved party against any loss in case the
Civil Court grants a decree in favour of the aggrieved party:
Provided that no snrety shall be r<"quired to be fumis.hed by a member

of a tribe declared to Le an aboriginal tribe under sub-section (6) of section
165;
(b) Where a Ci\ il Court by an order of temp0ni.iy injunction disturbed

the person referred to in clause (a) on or after 24th October, 1983
but before the publication of Revenue Departmenfs Notification
No. l-70-VH-:K-2-83, dated 4th January, 1984 such order shall abate
Ol! suc!t publicatiO!i and the Tnhsildar shall restore possession to a
person who is disturbed by such order.)2
(4) Vihere a civil suit has been instiuted under sub-section against
any order such order shall not be subject to appeal or revision.
Liability of land to payment 58. (l) All land, to whatever pmpo,e arpFcd and whereY<T ,it1rnte,
of land revenue. is liable to the payment of revenue to tht: State Go,-crnment, except such land
as has been wholly exempted from such liability by special grant of or contract
with the State Government. or under the provisions of anv law er rule for the
time being in force. ),,
(2) Such revenue is called "land revenue"; and tha l term includes all
moneys nayable 10 the State Government for fancL notwithstanding that rnch
mo11eys may be described as premium, rent lease money, quit-rent or in any
other manner, in any enactment, rule, contract or deed.
Certain "land to be exempt 3[58-1\. Not,\·ith.stanrling anytl1ing cnntalnrd in thj:. Cede, no ln ci rr\t·riue
from payment of hmd revenue slrnll be payable in respect of an uneconcmic holcfa.;,· med exclusi, cly for the
purpose of agricnlturc.
Explanation 1.- For the purpose of this section.-

[ (a)'mieconomic holding' shall me,m a hnldi11g the udc11 t c;f wh.i, h ,s
not more than 5 acres;J 4
(b; 'holding' shall mea'n the entire land held by a person in the State,
notwithstanding the fr.cl thal any portion il•,·rcof i., ,cparately
assessed to land revenue; and
(c) 'fond re,-enne' shall not include monevs pavable to the State Govern-
ment for land by \rny of premium," rent or lease mor.eys in .res-
pect of!and leased Out for a 1wriod of less than five years 9r quit~
rent. '
]. Sub,. bv !vl.P. Act 24 of 1961. S.4, for "Collector".
2-. In~., in jt ~ _application· to the Scheduted Areas by Governmeht of Madhyi
Pradesh, R,·venue Department's Notification No ... l-70-VII-N-2-83, da'tcd. the' 5th· Janrniry •
1984·, iss1wd b',' the Governor of Madhya Pradesh under !'.-uh-paragraph (l) of paragraph
,5 of rhe fjith Schedule to the Constitution of India, Published in the !viadhya Pradesh
R~jpatra "Asadhranan'' dated the 6:·t11 Jan11ity l984,.·-page~f2-3~29. 7 '
3. Subs. Ii. M. r. Act 5 of 1969. S.2.
4. Subs. by 1\1. P. Act 23 of 1972, S. 2.
E:splanation ll.-For the purpose of clause (b) of

Explanation l"entire land held by a person in the State" shall mean-
(a) the entire land held by a person is the State individually and shall
include--
(i) where land is held bv such person jointly with one or more
persons, so much portion of the land as falls to his share; and
(ii) land held by such person as Bhoodan holder under the Ma-
dhya Pradesh Bhoodan Yagna Act, 1968 (28 of 1968); and
(b) where land is held by a person jointly with one or more persons,
the single holding so jointly held]
59. ( 1) The assessment of land revenue on ar.y land [shall be made]1 Variation of land revenue
with reference to the use of land- according to purpo,e for
which land i, u,cd.
(a) for the purpose of agriculture;
(b) as sites for dwelling houses;
(c) for purposes othe, than tltose specified in items (a), (b) or (d);
( d) for industrial or commercial purpose.
(2) Where land assessed for use for any one purpose is diverted to any
othet purpose, the land revenue payable upon such land shall, notwith standing
that the term for which the assessment may have been fixed has not expired,
be liable to be altered and assessed in accordanc-e with the purpose to which
it has been diverted.
[ (2-a) The alteration or assessment referred to in sub-section (2) shall

be carried out by the Sub-Divisional Officer.]•
(3) Where the land held free from the payment of land revenue on
condition of being used for any purpose is diverted to any other purpose it
shall become liable to the payment of!and revenue and assessed in accordance
with the purpose to which it has been diverted.
(4) The assessment made under sub-sections (2) and (3) shall be in
accordance with the rules made by the State Government in this behalf and
such rules shall be in accordance with the principles contained in Chapter VII
or VIII, as the case may be.
(5) Where land for use for any one purpose is diverted to any other
purpose, and land revenue is assessed thereon under the provisions of this sec-
tion, the [Sub-Divisional Officer]• shall also have power to impose a premium
on the diversion in accordance with rules made under this Code:
Provided that no premium shall be imposed for the <liversi on of any land
for charitable purposes.
(6) Notwithstanding any usage or grant or anything contained in any

law, the right of all persons holding land, which irrmediatcly before the com-
ing into force of the Madhya Pradesh Land Revenue Code, 1954 (II of 1955),
was held in malik, makbuza right, to exemption from payment of premium on
diversion of such land is hereby abolished; but every such person shall, on
diversion of such land, be entitled in lieu of such right to a rebate equal to the
land revenue for one year payable for such land from the amount of premium
determined under sub-section (5).
I.Suh,. by M. P, Act 25 of 1964, S. 4 (i), for "shall be made, or shall be deemed to have
been made a, the case may be''
2. Inst. hy S. 4 (ii). ibid.
3. Subc. by Ill. P. Act 24. of 1961 for "Collector".
:250 THE MAIDHYA PRADESH LAND REVENUE CODE, 1959
Assessment when to take effect . [59-A. The alteration or assessment made under the provision of section
59 shall take effect from the date on which the diversion was made.
Reassessment on diversion o' 59-B. Where prior to the coming into force of this Cede lm.d in a,y
land prior to coming into force area assessed for any 01:;.e purpose \Vas ~ubseqt1cDtly cEverted for i:rc to
ofthf' Co,k.
any other purpose, the land nxenw.: payb1e upon such Jar.d sLall, notv. ,ths-
tanding that the term for which the assessment may have been fixed has not
expired, be liable to be altered and assessed-
( I J in accordance with the purpose to which it has been diverted with

effect from--
(a) the date on which such diversion was made if in the area
concerned there was in force any eaactment repealed under
section 261 which contained orovision for alteration or
reassessment on such diversion;
(b) the date of coming into force of this Code in any other case; and
(2) in case of (a) above in accordance with the provisions of such repeal-
ed Act, and in the case of (b) above in accordance with the provisions of this
Code.]1
Assessment by whom to he
60. On all lands on which the assessment has not been mlcde the assess-
fixed. ment of land revenue shall be made by the Collector in accordance with rules
made under this Code.
[CHAPTER VII
Revenue Survey and Setdement iu Non-Urban Areas
A--Applkation of Chapter and Officers to conduct Revenue Survey

and/or Settlement
61. The provisions of this Chapter shall apply in respect oflands in non-
Applic:.1don of this Chapte-r to urban areas.
lands in non-urban areas.
62. The State Government may appoint a Settlement Cc mmissimcc,

Appointment of Settlement who shall, subject tD the co,itrol of the State Go,-ernmcnt, cc;;trd tl.e orcr,tio>;
Commissioner,
of the revenue survey and/or ,.ettknccn1.
Appointment of Additional 63. (1) The State Government m2y appoint GLc cor n ere Adc:iticmd
Settlexrent Commissioner Settlement Commissioners.
and their powers arcd <luties.
(2) An Additional Settlement Ccmrr.is:icner shall exerci~e 111ch ro"cr,
and discharge such duties, conferred 2nd impo,ecl on a Settlement Commis-
sioner by this Code or by any other em.ctment for tLe tirr,e being .in force or
by any rule made under this Code or any such other er:ac1n;ent,in st th c,,,es
or clas~;c,;; of cases, as the St.:fc GovernnH::;a er Scttitmcnt Ccn:rri:;1::ioL.cr may
direct :,nd while exercising such pov, es ,. nd discharging such dutit:s, the Addit;-
onal Settlement Commissioner shall be det:med to have teen appointed as a
Settlement Corrm!ssioner for the purposes cf this Code or any other enactrrcnt
or ally rule made under this Code or such other er,,:ctrrcnL
'
Appointment of Settlcmen t 64. (l) The State Government may appoir:t 2n office,· hereinafter
Deputy Set tkment an<l called the Settlement Officer to be in chmge of a H:\'eTaie wrvey, and/ r
Assistant Settlement Offiu.T.s. Settlement and as manv Deputy Settlerr.rnt Officers and Assist,nt Settleirent
Officers as it thinks fit.' ·
(2) All Settlement, Deputy Settlement and Assistant Settlement Officers

shall be subordinate to the Settlement Commissioner and all Dep,itv Settle-
ment and Assistant Settlement Officers in a local area shall be subordinate to
the Settlement Officers.
L Ins. by lvl. P. Act 15 of Jg75, S.2.
TiiE MADHYA PRADESH LAND REVENUE CODE, 1959 251
65. (1) The State Government may invest any Settlement Officer or Powers of Settlement, Deputy
Settlement and Assistant
Deputy Settlement Officer or Assist~t ,Settlement Offic_er :with a!l o'. any of Settlement Officers.
the powers of a Collector under tins Code, to be excrc'.setl by hun m such
cases or classes of cases as the State Government may direct.
(2) The State Government may invest ,,ny Deputy Settelement

Officer or Assistant Settlement Officer with all or any of the powers of a
Settlement Officer ,mde, this C:ock or any othi,r enactment for the time being
in fo,;Te.
B-- Revenue Survey
66. The operations carried out in accordance with the provisions of this Definition of Revenue survey
part, that is to say-
all or any of the opera ti ns pertaining to the division of land
into survey numbers and grouping them into vlllages, recognition
of existing survey numbers, reconstitution thereof or forming
new survey numbers and operations incidental thereto;
(2) soil classification;

,,3) preparation or, as the case may be, revision or correction of
field map;
(4) preparation of record of rights, in order to bring the land

records upto-date in any local, over area
are called a revenue survey.
67. (l) vVhenever the State Government decides that a revenue survey Notification of proposed
should be made of any local ar<'a, it shall publish a notification to that effect, revenue survey.
and such local area shall be held to be under such survey from the date of such
notificat1on until the: issue of a notification dedaring the oper2.tions to be closed.
(2) S,1ch notification may extend to all lands generally in the local
area or to such lands o,1lv as the State Government may direct.
68. Subject to rules made under this Code, the Settlement Officer mayS-- Formation of survey nnmbeni
and villages.
(.c) take me,,surcments of the land to which the revenue survey exte-
nds and constrnct such number of survey marks theron as
m~;,y be necessary;
(b) divide snch lands into survey numbers and group the survey
numb,;rc.: i:1tn villages; and
(cl recognise exi~Llng survey number~;, reconstitute survey nun1bers,

or foLil new survey numbers :
Provided tit',,,, cxcert as hereinafter provided, no survcv, numbers com-

prising land used for agricultural purposes shall henceh,rtl{ be made 'of Jess
extent than a minimum to be prescribed for the various classes of land :
Provided further that the limit prescribed unde,· tl e aforesaid ,;, oviso
0
, - :r.n
l l' not appiy
s.:.~.1.,.1 1> ·ofsun,q
i-·-C caf.f: . · b en_, ~~1ecc.y
IlLil' . , .:x1•~~ t' inrr{t.lictr},
I
before the date of tk notification under ,ub-c<ction (1) of secti~n 67.
69, Notwithstandi1:c: the provisions of section 68 when ar,y portion of Separate demarcation of land,
agricultural land is <liveried under the provisions of section 172 w anv non- diverted or specially a'>Signed.
agricElt::rai p1.·~·:•p+.):<, or ,vhe;~ <iny portirin of land is specially nssigned' under
section 237, or when any as:ess:mn,t is altered on any portion of land under
sub-section (2) of scctir', 59, the Settlement Officer may make snch portion
into a separate survey number or su1J-division of a survey number.
70. (1) The Settlement Officer may either renumber or sub-divide Power to renumber or
survey numbers in to as many sttb-divisions ?.s may be req1:ired in view of the sub-divide survey numbers.
acquisition of rigths in la:.d or for any other' reason.
Z5ll THE MMHYA PRADESH LAND REVENUE CODE, 1959
(2) The division of survey numbers into sub-divisions and the apportion,
ment o[ the a5:5essment of the . survey number amongst the sub-divisions shall "
be earned out m accordance with rules made under this Code and such rules
may provide limits either of area or of land revenue or both below which no
sub-division shall be recognised : '
Provided that the total amount of assessment of any survey number

shall not be enhanced during the term of a settlement unless such assessment
is liable to alteration under the provisions of this Code.
(3) Where a holding consists of several khasra numbers the Settlement

Officer shall assess the land revenue payable for each khasra number and
record them as separate survey numbers.
(4) Whenever the survey numbers are renumbered, the Settlement

Officer shall correct the entries in all records prepared or maintained under
Chapter JX.
f ntry ohurvey numbers and 71 · The area and assessment of survey numbers and sub-divisions of
sub-divisions in records. survey numbers shall be entered in such records as may be prescribed.
Determination of abadi of 72. The Settlement Officer shall, in the case of every inhabited village,
village,
ascertain and determine, with due regard to rights in lands, the area to be
reserved for the residence of the inhabitants or for purposes ancillary thereto,
and such area shall be deemed to be the abadi of the- village.
Power of Settlement Officer 73. The Settlement Officer may divide a village to constitute two or moreJ
to divide or unite villages or villages or may amalgamate two or more villages and constitute one village
exclude area therefrom.
or may alter the limits of a village by including therein any area of a village
in the vicinity thereof or by excluding any area comprised tf.e,ein, in
accordance with the rules made under this Code.
Grouping of villages. 74. The villages of each district or tahsil or part of a district or tahsil
comprised in the area under reve1 ue survey shall be formed into group11, and y
informing such group regard shall be had to physical features, agricultural
nnd economic conditions and trade facilities and communications.
C-Settlement of rent
Definition of Settlement. 75. The result of the operations carried out in accordance with this
part in continuation of revenue survey in order to determine or revise the
land revenue payable on lands in any local area are called "settlement"
and the period during which the revised land revenue shall be in force is
called the term of Settlement.
Notification of proposed 76. On issue of a notification declaring the operations of revenue

settlement. survey to be closed under sub-section (1 1 of section 67, the State Govern-
mtnt, if it decides that Settlement operations should be undertaken in the
local area in which revenue survey is closed, shall publish a notifici>.tion
to that eff,,ct and such area shall be held to 1,e under Settlement from the date
of such notification until the announcement of Settlement under section 82 in
· respect of a land in the local area is complete:
Provided that if the notification is issued after expiration of a period

offive years from the date of issue of notification declaring, the operations
of revenue survery to be closed under sub-section ( I) of section 67, record
of rights shall be prepared under section 108 before the Settlement opera-
tions are undertaken in accordance with the provisions contained in this
part.
Fixation of &lllC<itU'"1t rates. 77. (1) On completing the necessary inquiries, as may be prescribed,
the Settlement Officer ihall forward to the State Government his proposab
for assessment rates for different .c!asses of land in such form and along :with
rueh other particulars as may be prescribed.
THE MADHYA. PRADESH LAND Rl3.VENUE COI)E, 1~59
(2) The State Government may approve the assessment rates with such
mcxiifications as it may deem fit.
78 The maximum and m,mimum limits for the assessment rate shall Maximum and minimum limita
respect,vely be one and quarter times and three-fourth of the assessment for the rate of a.,aCl!sment.
rate, in force for the time being: ·
Provided that in the event it is- considered desirable to alter the

.minimum or maximum limits, aforesaid, a proposal to that effect shall be
laid on the table of the Legislative Assembly for its approval and the
limits of assessment rate shall thereafter be altered in accordance with the
proposals as approved.
79. The Settlement Officer shall fix the asses1ment on each holding h: Fixation of fair "'"'"''"'ent.
accordance with the assessment rates approved under section 77 and the prc:i--
,,isions of the section 81 and such assessment shall be the fair assessmern of such
holdiPg.
80. The Settlement Officer shall have the po~er to make fair assessment All lands liable to assessment.
on all lands what-so-over to which the Settlement extends, whether such
lands are liable t.o the payment of land revenue or not.
. 81 . (I)· The fair assessment of all lands shall be calculated in accordance Principles of asacssme.ut.
with the principles and restrictions setforth in the section.
(2) No regard shall be had to any claim to hold land on privileged

terms.
(3) Regard shall be had in the case of agricultural land to the

profits of agriculture, to, the consideration paid for leases' to the sale prices ofland
an~ to the principal moneys on mortgages, and in the case of non-
agricultural land, to the value of the land for the purpose for which it is held.
· (4) The fair assessment on land used for non-agricultural purposes

shall not exceed thirty-three per centum of the estimated rental value of the land.
. (5) Where an improvement has been effected at any time in any

holdmg held . for the purpose of agriculture by or at the expense of the
holder thereof, the fair assessment of such holding shall be fixed as if the impro-
vement had not been made.
(6) Except for special reasons to be approved in each case by the

State Government, no increase in the fair assessment of a holding for the pur-
pose of agriculture shall exceed fifty per centum of the existing assessment.
82· (1) When the assessment of any land has been fixed in accordance Announcement of M:ttlemen . .
with s,ction 79, notice thereof shall be given in accordance with rules made
under this Code. and such notice shall be called the announcement of the
settlement. ,
(2) The assessment of any land, as announced under this setion,

shall be the lane! revenue payable annually on such land during the term
of the settlement unless it is modified in accordance with the provisions of 'this
Code, or any other law. ·
83. The term of a settlement shall commer1ce from the beginning of In~tion of Settlement.•
the revenue year next following the date of announcement or from th.c expiry
of .the previous term of settlement, whichever is later,
84. During the first year of the term of settlement any Bhumiswami, Remis.sion of enhancement to
who is dissatisfied with the new assessment shall, on relinquis1'ing his rights llhumiswami who relinqui,hcs.
in .his. holding iri the manner prescribed by .section 1.73 may, one mun th .before
the con1111encemen t of the agricultural year, rt.ceive a remission of any increaliC
imposed thtreby :
.• Prh~vich"ded that the reJi~quish~en~ of only part,of a-holdill.g or of a hol-
d mg, w 1 , or any part of which, is subject to an encumbrance or a charge
mall not be permitted. .
Tenn of Settlement. 85. (J) The term of settlement shall be fixed by the State Governmen·
and shall not be Jess than thirty years ;
, . l'rovided that _if, at •an~ tim~ , during .the currency. oii the. settl<!ment, the
State Government fmds that hav1i.g reg,u,d to ,.changes in general conditlidni.
subs~ue~t to.the. settlement,, it.is,de.sir11ble that: the ,assess~ should be
reduced, Jt may reduce such assessment for such period as it may deem fit.
(2) ~otwithstanding anythin~: contained it: mb-s~tio.t:;: (I): in any area

whe~e there 1s ample scope for extenuon ofcult1vat1qn or for. agr.iQuJtur.iJ deveJo-
ment or ,when: the piti;h ..of rents is unduly low. or where there h&s been.. a
rapid development of resources owing to the construction of roads, railways
or canals since the last settlement, the State Government may, for reasons
to be recorded, fix a term which may be less than thirty years but which shall
in no case be less than twenty years.
(3) Notwithstanding that the term of settlement fixed under sub-sec~ion

(1) or sub-section (2) for any local area has expired, the term shall be. deemed
to have been extended till the commencement of the tf"rm of the subsequc1, t
settlement in that area.
(
Power of Collector to complete 86. Where the settlement operations are closed all applications and
unfinished proceedings. proceedings then pending before the Settlement Officer shall be transferred to
the Collector who shall have the powers of a Settlement Officer for their dis-
posal.
D-General
Inquiry into profits of 87. [l] With effect from the coming into force oft.bis code the State
agriculture and value of laud, Government may take steps to imtitute and may cause. to be constantly
maintained, in accordance ½ith rules made under this Code, an inq.uiry into
the profits of agriculture and into the value of land used for agricultural
and non-agrieultural purposes.
. (2) For the purpose of de~ermining the profits of agriculture, the

following elements shall be taken mto account in estirr.ating the cc,t c:l
c.ultiv11tion, narnely:--
(a) the depreciation of stock and buildings;
(b) the money equivalent to the cultivator's and his family's
labour and; supervision.
(c) all. other expens.es usualh- incurred in cultivation on the

land which is under inquiry; and
(d) interest on the cost of buildings and stock and on expen-
diture for seed and manure, and on cost of agricultural
operations paid for in cash.
(3J The Settlement Officer shall take into consideration the informa-
tion collected in the course of this inquiry, when framing his propo,als for
assessment rates.
Power fo · transfer · " duty' nf 88., When a local atea is unde-r revenue survey, the duty of
maintaining maps and maintaining the maps •·and ·records' may, under the -ordeJ"ll. of !he State
recoros to Settlement Officer. Government be transferred from CoHector .·t-o,,the Settlement Officer, who
shail there~pon exercise all the powers conferred on the Collector in any
of the, provisions in Chapter IX and XVIII.
(,{,;.-,,
Power of Sub-Divisional Officer · 89: ,,The Sub-Divisional Officer, may, at any. time after the dosllt"e
to correct ~rrors. of the ·revenue surves and •,during.the .temi of settlement,, correct ,any errbr
in the area or assessment of any survey number or holding due to mi.•take
of ~urvey or arithmetical miscalculation :
·n•, ;\H,I,I ,·"·VL,,"J' \H •· ..a JrL A,,Jr". d'' fH\ll'. Ul .•
THE MADHYA PRADESH LAND REVENUE CODE. 1959 255
,\ ·•·t \i,..+•.•i'">,,1J> 'f'J-if,) ;~'-'•· t;.,-,
d Provided that no arrears• ofland revenue shall become payable by reason
••.
of such correction.
90. After the closure of the revenue survey and. during the term of a Power of Collector during term
settlement,' the Collectbr, shall,· when So directed by the State ·Government, of Settlement, etc.
exctrc:ise the powers of a Settlement Officer under sections 68, 69, 70, 72
and 73.
, ·91. · The State Government tnay; after the c!losw-e of the revenUe survey Power to grant power of
and during the term of settleruent, invest any Revenue Officer ··with all or Settlement Officer during
any of the power of the Settement Officer under this Chapter, within such term of Settlement.
area and subject to such restrictions· and for such period as it may think fit.
;! l i ,
91-..\. The State Government may make rules for regulating generally Power to make rule.
the conduct of a revenue survey or Settlement under this Chapter.] 1
, "'"" ,, , «;.:J-IAP',rEJ} y~It ...
Assessment And Re-asse~s~nt Of Land
In Urban Areas
92. (l) The provisions of this Chapter shall apply to land held in urban Provisions of Chapter to apply
area, whether/or agricultural or non-agricultural purposes- to land urban areas.
(!) by a Bhumiswami,
,._."
(2) by a Government lessee under a lease granting a right of
renewal, and
(3) by a holder of service land.

··t
· (2) Whenever the land revenue or- rc»t assessed on,-a ;plot::number falls
d~:- for revision the Collector shall assess the plot in accordance with the pro-
vIS1ons of this Chapter.
'Explanation..-~ Fbr the purposes of this section, the land revenue or re.'lt
payable for a plot shall be deemed due for revision-
. '• ,,,.,, .. '~ , ·;,,
(i) if the plot.is held on a lease when the lease becomes due for
renewal; and
(ii) in ~he case. of a plot held· by .a Bhumiswani on the expiry of the

original term of settlement.
93. Subject to rules made under this Code, the Collector may- Powers of Collector to divide
lands into plot numbers.
(a) divide the lands in an urban area into plot numbers, and
(b) recognise existing survey numbers as plot numbers, reconstitute

plot numbers or form new plot numbers.
'\ '.' ,.1
94. (I) The. (:qllector m•w- either ren=bi:r or. ,sub.divide .pl.Qt !lumbers Powers of Collector to tetiuinte
into as many sub-divisions as may.be required in view of the acquisition of or Sub-<livide plot numben.
rights in land or for any other reason.
· n1, h ~l . , q;,1_
Th& division of })lot n-umbe,,s,,into sub.divisions and .th<1 .<ipp,
(2)
or,tion ment of the- assessment of the rplot,numba, .11moogst• tho ,-suMiv~Ms
sha.11 be carried but ln-acoordance; with rules'madt unmer,this Code at1d SUQh
rules may provide limits dither of area•o,:,:d: land.,revenue·,or,.rent, a,tthe,r~.!l§C
may b~.nr b0th i, ny local arc~, b~bw which no sub-division shall be recognised:
f · 1, ! 1 ,~: ) I _;,,,"_.~,:"-' / ,·;rt ,,): j"-t j ,)!" ' •.. f,,,,·,'. f-- ,_'
Provided that the total amou:'lt of assessment of any plot number shall
not be enhanced-·dut•hg-the te.rm,of11ettlement unless such assessment is liable
to alteration under the provisions of this Code.
' .Y ,,; ,If:?
95. The area and assessment of plot ~umbers and sub-divisi<m~,of·plot Area and assessment of plat
numbers shall be entered in such records as may be prescribed, numbers and sub-divisions to
be entered in records.
!. Subs. by M. P. Act 16 of 1985, S.2.

266 THE MADHYA PRADESH LAND UE\ENUE CODE, 1959
Area in town formed into 96. For the purposes of assessment, the area in a town shall be formed
blocks for as.sessmen t.
intQ: blocks and in forming such blocks regard shall be had to use of land for
indust:ial, commercial, residential or such other special purposes a,s may, be -
prescribed.
Collector to fix standardratc 97 • ( 1) The Collector shall with the approval of the State Govern-
of assessment 3.hd pubiicatiotl
of standard rate.s. ment, fix in accordance with the provisions of section 98 the standard rate of
assessment per one hundred square feet of landin the case of non-agricultural
land and per acre of land in the case of agricultural land in each block in an
urban area and such standard rates shall be published in such manner as may
be prescribed, ·
(2) The rates published under sub-section(l)shaUremain in fo;c~

for ten years and shall thereafter be deemed to be in force until altered.
Fixation of standard rate.a 98. [(I) The Collector shaHkeep a record. in accordance with the rules
of assessment.
made under this Code of all registered sales and leases of lands in the different
blocks inurban areas in respect of land held for each of the purpose mentioned
in sub-section (1) of section 59.
(2) The average annual letting value of lands in each block in

respect of land held for purposes mentioned in sub-section (1) of section 59
shall be determined separately in the prescribed manner on the basis of .U:<\I]:-
sactions of sales and leases in respect of the land held for each of the aforesaid
purposes in such block during the period,of five years immediately precedmg the
year in which the letting value is being determined, so for as the information
about such transactions is available :
Provided that if the transactions which have taken place in any block in
respect of any land held for any of the aforsaid purpose are not sufficiently
representative transactions in respect of the land held for the corresponding
purpose during the same period in adjacent block may be taken as basis for
determining the letting value.
(3) The standard rate of assessment for lands held for purposes
mentioned in clause (b) or (c) of sub-section(!) of section 59 shall be. equal to
one-third of the average annual letting value determined or the block m respect •·
of such . land under sub-section (2) and for purposes mentioned in clause ~b)
of sub-section (1) of section 59 shall be one half of the average annual lettillg
value determined for the block in respect of such land.] 1
(4) The standa~d rates for lands held for agricultural purposes
shall be fixed with due regard to soil and position of!and and to ~he profits of
agriculture. to the consideration paid for leases and to the sale prices of such
lands.
Maximum and minimum 99. The maximum and minimum limit for the rate of assessment shall
limits for the rate of respectively be one and quarter times and three-fourths of the standard rate in
assessment.
force for the time being.
Collector to asses..,;; plot at I 00. The Collector shall assess the plot at a rate within the limits pres-
:rate_ prescribed. cribed by section .99 regard being had to the use,situation and the other advantages
or disadvantages attaching to such plot :
Provided that if in the case oflands which are being Bssessed for a purpose
with reference to whi~h they were assessed immediately before the revision, the
assessment so arrived at exceeds, in the case of agricultural land one and a half
times the land revenue or rent and .in the case of other lands six times the land
revenue or rent payable immediately before the revision the assessm~nt shall
be fixed at one and a halftimes such land revenue or rent in the case of agricultural
land and at six, times such land revenue or rent in the case of other lands :
Provided further, that where an improvement has been effected at any

time in any holding held for the purpose of agriculture by or at the ~xpens1; of
.
the holder thereof, the assessment of such holding shall be fixed as 1f the im-
provement had not been m:1de.
I. Sµbs,by M . Pi Act15',,f 1975; S.3.
THE MADHYA PRADESH LAND RE.VENUE CODE. 1959 2117
IOI. The assessment fixed under section 100 shall remain in force fo1 ··
period of thirty years or fo1 such longer period as may elapse before re-assessment
"" after that period and such period shall be deemed to be the term of settlement
for all purposes.
102. The assessment fixed under section 100 shall be the land revenue ,._, •• , fured shalt:be.
lalld revenue Ol' n:nf.
or rent payable annually on such plot number unless it is modified in accordance
with the provisioM of this Code or any other law.
103. The land revenue or rent fixed for any land in an urban area Land re,renue or IJCDt.
under a settlement or a lease from Government with rights of renewal made med tmder llrevKltl!I
!(df)'emenf or·I~
before the coming into force of this Code shall, notwithstanding the expiry , lo ~
of the term of such settlement or lease, continue in force until the assess-
ment on sach land is fixed in accordance with the provisions of this Chapter.
CHAPTER IX
Land Records
104· (I) The Collector shall from time to time arrange the villages of J'onnation or 11aewanf
the tahsil in patwari circles and may, at any time, alter the limits of any t:ircles and appointment
of patwaJ'is tll ereto.
existing circle and may create new circles or abolish existing ones.
(2) [The Collector] l shall appoint one or more patwaris to each

patwari circle for the m:1intenance and correction of land records and for
such other duties as the State Government may prescribe.
(3) Notwithstanding any usage or anytingJcontained in any treaty,

grant, or other instrument, no person shall have any right or claim to continue
or to be appointed as a patwari on the ground of right to succeed to such office
by inheritance.
105. The Collector shall arrange the patwari circles in the tahsil into FtJYmation ofrevenu,:
impectors• £llcles..
revenue inspectors' circles and may, at any time, alter the limits of any existing
,circle and may create new circles or abolish existing circles.
106. (1) The Collector may appoint to each district as many persons Appointment' of revenue
inspecio>s, etc.
as he tltinks fit to be revenue inspectors, town surveyors, assistant town surveyors
and measurers to supervise the preparation and maintenance of land records
and to perform such other duties as may be prescribed.
(2) The town surveyor and assistant town surveyor shall' be

deemed to br a patwari for the purposes of sections 28, 109, IIO, 112, ll8 and
120 in respect of the areas under their charge.
107. (I) There shall be prepared a map showing the boundries of

survey numbers or plot numbers and .waste lands called the field map for
every village except when otherwise directed by th,. State Government.
. (2) There_ may be prrpa1ed for the abadi of each village a map
showing the area occupied by private holders and the area not so occupied and
such other particulars as may be prescribed.
(3) If tlte State Government considers that in the case of avy

villag:, it 1s necessary to show separately in the map prepared under sub-section
(2}tlte plots occupied by private holders, it may direct the Collector to get
the map so prepared or revised.
. (4) . If any Gram Panchayat passes a resolution that a map of

tlt~v1llage abad1 sh~uld. be preparrd showing separately the plots occupied by
private holders and 1s willing to contribute to the cost of survey operations in
such proport_ion as may be prescribed, the State Government may under-take
the preparation of such map. ·
1. Subs. by ~f. P Act 24 of 1961, S, 5 for ''<;ub)?-ct to Tn!e<; made m:dn 9e~tion '258 tl:e nJliector''
258
•\ . , I.-~ '
THE MADHYA PRADESH LAND REVENUE CODE 1959
: ' .
1
((5) . Such map shall be prepared nt revised, as the case may
be, by the Settleme.nt Officer r;t [revec,ue surve\']2 2nd by the Collector at all
othe, times and in all other circumstances.] ·
· 108. f (1)]3 A rccord-of-riolits shall m accordance with rules made

in diis behalf be prepared and ';,aintaincd for every village and such record
shall include the following- particulars:~
r.-. ..:. ·.,,, ,..;.l1,., ,-t
•·"' l_', -•,.
(a) the names of all Bhumiswamis together with survey
numbers or plot numbers held bv them and their 11rea,
irrigated or unirrigated; ,
(b). the names of all occupancy tenants .and Government

lessees together with survey numbers or plot number~
held by them and their area, irrigated or unirrigated;
(c) the nature and extent of the respective interests of such

., ',-,. I, .: ,
,, i •·
~
~ ,! ·,PI
'):,,;. I,
persons and the conditions or liabilities, if any, attaching
thereto:
(d) the rent or

land revenue, if any, payable by such
persons; and
(e) such other prticulars as inay be. prescribed.

4
[(2) The recortl-oi~rights mentioned in sub-section (!) shall be
prepared during a [revenue survey]5 or whenever the State Government
may, by notification, so direct.]
Acquisition of rights to be (!) Any person lawfully acqmrmg ~n_y right or interest in land
109.
reporred. [ •.••.••• ]
6
shall report orally or in wnt!llg his acquisition of
such right to the patwari within six months from the date of such acquisition,
and thc.patwari shall at once give a written acknowledgment for such report
to the person making it in the prescribed form :
Provided that when the person acquiring the right is a minor or is

otherwise disqualified, his guardian or other person having charge of his
- pr◊perty shall make the report to the pa twari .
[Explanation I.-• The right mentioned abc,·e clcc, nnt inch,de an ease-
j'.rn,rft or a charge, not amounting to· a mortgage, of the kind· specified in
section ]00 ofthe Transfer of Property Act, 1882.(IV ofl882)J 7: -
Explanation II. A person, in whose favour a mortgage is redeemed

or· paid off-or a lease is detf'rmined, acquires a right witbin th{ meanmg of
this soct,on.
': :,,
"
Explanat,011 :
III.. For the purpose of this chapter, the term ''patwar,
illdudcs any person appoiuted Lo perform the .duties of a,Pat1pri under this
Chapter.
Explanation IV.~ Intimation in wntmg required to be given tii· the pat-

wari under this. section_ may be given either through a_ mesienger or handed
· - over ill pergon or may be sent by registered post.
(2) Any such perso11 as is referred to in sub-section (I) may also report
1
in writing his acquisition of such rights to the Tahsilrlar within six months
f, om the elate of such acquisition.
J,, Rnbs. byM.. P ..\ct l:Sofl9BO, S.G.

2. Subs. by :.LP. Act Hi or 1985, S.3. for "Settlement".
3. Re-numbered by M, P. Act 25 of 1964, S.5. . ,..
4. fo.s., ibid.
5. Subs. bvM.P.Act 16 of 1985, S.4, for "Settlement".
b, \Vord~~,-''rcquired by or under section 1OB ,t() be entered· in the record ~f dghts.
"omitted by 11. P. Act 25 of 1964, S. 6 ~a}-
Subs. hy S. 6 (b), ibid"
Mutation ·of acqusition !)f_ ·, ~ -•

[110. (1) The Patwari shall enter into_ a register prescribed for ~he right in Field Book and ; ., ._
purpose every acqmsition of right reported to h,_m under section 109 or which other relevant land ~ -
comes to his notice Lorn intimation from Gram Panchayat or any other source.
(2) The Patwari shall intimate: all tbc repo1 ts regarding_ ac_quisi:ion
of right rect'ived h)· him under sub-section (1) to the Tahsildar w1tlun thirty '~_,.
days of the receipt thereof by him.
.\ :,)
.,,' - .-,,
(3) On receipt of the intimation from patwari under sub-section
(2), the Tahsildar shall have it published in the village in the prescrib:d man~er
and shall also give written intimation thereof to all persons appearmg to him
to be interested in the mutation and also to such other person and authorities
.as may be prescribed.
(4) The Tahsildar shall after afford'ng reasonable opportunity of being
heard to the persons interested and after making such further enquiry, as he
may deem necessary, make necessary entry in the Field Book and other rele-
vant land records.] 1 ;; .:·.)
_:· ,.
Jurisdiction of Civil Courts.
I IL The Civil Courts shall have jurisdiction to decide any dispute to
which the State Government is :'.ot a party relating to any right which is recor•
<led in the record-ol~righ ts.
Intimation of transfcn by
[I 12. When any document purporting to create, assign or extinguish Registering Officr.rs.
any title . to or any charge on land used for agricultural purposes, or in res•
pect of which a field book has been prepared, is registered under the India?-
Registration Act, 1908 (XVI of 1908), the Registering' Officer shall send in tl-
mation to the Tahsildar having jurisdiction over the area in which the land
is situate in such form and at such times as may_ be prescribed by rules under
this Code. ]2 · ·
C-0rrection of clerical errors.
113. The [Sub-Divisional Officer]3 may at any time, correct or cause
to be corrected any clerical errors and any ~rrors which the parties interested
admit to have been made in the record-of-rights.
(114. In addition to the map and Bhoo Adhikar Pustikas, there shall Land records.
be prepared for each village a khasra or field book and such other land records
as may be prescribed.
114-A. (]) It shall be· obligatory upon every Bhum;swami, whose Blio0 Adhikar Avam Rm
Pustika.
nan1e is entered into the khasra or field book prepared under section 114, to
maintain a Bhoo Adhikar Avam Rin Pustika in respect of his all holdings in
,a village whJch shail be provided to him on payment of such fee as may be
. prescribed. ·
·'}
(2) The Bhoo Adhikar Ava~ ·Rin Pustika shall be in two parts, name ...
ely Part I consisting of rights _over holding anrl _encumbrances on the holding
and Part II consisting of rights over holding. recovery of land revenue in res•
pect of the holding and cncs1mbr3nccs on the holding ,md shall contain--
• , " -
- (i) such of the entries of khasra or field 1,ook pertaining to. a ·LJ
holding of a Bhumiswami as may be prescribed; ! 4
(ii) particulars in respeci of recovery of land revenut', Government

loan and non-Government loan in respect of such holding;
(iii) such other particulars_ as :may be prescribed.
(3) In. case of any difference bei;ween the en tries contained in the
khasr~ or field book and the Bhoo Adhikar Ayam Rin Pustika, the Tahsildar t
may, either· on his own motion or on an application made ·to him in th.at
behalf and after making such enquiry as he may deem fit, decide the same
and the decision of the Tahsildar shall be final.14 ·
!. · Subs. by 1'-1. P. Act 2'> of 1964, S. 7.
2. Subs. by, S. 8 1 ibid.
3. Snb:j. by S. 9. ibid, for ''Tahsildar"
4. Subs. by !\1. P. Act 11 of 1974, S.2.
I
_(115. If any Tahsildar finds that a wrong or incorrect entry has been
mad~ m the land :ecords prepared under section 114 by an officer sub-ordinate
to ih1m, he shall direct necessary changes to be made therein in red ink after -
m~ng sue~ enquiry from the person concerned as he may deem fit after due
written notice.
Oisputes reganling enll'y in 116. (I) If any person is aggrieved by an entry made in the land
~ or in any other land
m:ards. records prepared under section 114 in respect of matters other than those
referred to in section 108, he shall apply to the Tahsildar for its correction within
onei year of the date of such en try.
(2) The Tahsildar shall, after making such enquiry as he may deem
fit, pass necessary oders in the matter.JI
~ption M to entries ill I I 7. All entries made under this Chapter in the land records shall be
land records. presumed to be correct until the contrary is proved.
Obligation to furnish ll8. (I) Any person, whose rights, interest or liabilities are required
~ation as to title.
to be or have been, entered in any record or register under this Chapter, shall
be bound on the 1equisitioa in writing of a,ny Revenue Officer, 1·evenuc inspector
or j!latwari engaged in compiling or revising the. record or register to furnish
or produce for his inspection, within one month from the date of such. requisi-
tion, 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.
(2) The Revenue Officer, revenue inspector or patwari to whom any

information is furnished, or before whom any document is produced under
sub-section (1) shall at once give a written acknowledgment thereof to the per-
son furnishing or producing the same and shall endorse on any such document
a note under his signature stating the fact of its production and the date the re-
ef.
Penalty for neglect to furnish

119 (I) Any person neglecting to make the report required by section
information. 109, or furnish the information or produce the. documents required by section
I rn;within the specified period shall be liable, at the discretion of the [Tahsildar]•,
to ~ penalty not exceeding twenty-five rupees, which shall be recoverable as ►
an ,arrear of land revenue.
(2) Any report regarding the acquisition of any right [under section
109]3 received by the patwari after the specified period shall be dealt with in
accordance with the provisions of section 1103
[ X X X X X ]t
Requisition of assistamc in
12d. Subject to rules made under this Code, any Revenue Officer,
preparation of mapa and revenue inspector, measurer or patwari may, for the purpose of preparing or
tecord-ol-rights. ~i~ng any map. or. plan required for or in connection with any record or
regi$ter under thi5 Chapter, calI upon any holder of, land and any holder of plot
in abadi to, point out the boundatie& of his land or plot.
"9wer to make rule. le

121. The State Government may make rules for regulating the prepara-
land records. tion, maintenance and revision of land' records required for the purposes of this
Code.
Exemption from provisiom 122. The State Government may, by notification, direct that this Chapter
r:,f thi, chapter. or any provisions thereof shall not apply to any specified local area or to any
I ands or any class of villages or lands.
Record-of-rights at comm- 123. (!) Until a record-of-rights for the villages in the Madhya
encement ot Code. Bharat, Bhopal, Vi!idhya Pradesh and Sironj regiom is prepared in accordance
1. Ins. by M. P. Act 15 of 1971, S.3,

,.
2. Subs. by M. P. Act 24 of 1961, S.6, for "Collector",
3. Subs. by M. P. Act 25 of 1964, S. 12 (a}, for "of the kind n:frrred to in section 108."
4. Proviso omitted by S. !2(b), ibid,
for the agricultural year as the State Government may notify shall, so far as
contains the particulars specified in section I 08, be deemed to be the recor -
,t
with the provisions of section 108 the jamabandi or khatauni of every such villa!l:e
of-rights, for that village.

(2) The jamabandi or khatauni referred to i1: subsection (1) shall be
published in the village ir: such manner as may be directed by the Collector.
[(3) Objections may be filed to any entry in Jamabandi or kh'.'tauni1

which shall be disposed ofby the Tahsildar in such manner as may be prescr1bed.)
(4) The Jamabandi of the villages in the Mahakoshal region fo~ the
agricultural year [1954-55) 2 shall continue to be deemed to be rec~rd-of-nghts
of such villages until a record-of -rights is prepared in accordance wllh the pro-
visions of section 108.
CHAPTER X
Bonparies and Bonndary Marks, Surxey Marks
124. (1) Boundaries of all villages shall be fixed and demarcated by Construction of boundary
marks of villages and mrvey
permanent bounda1 y marks. numbers or plot numbers.
(2) The State Government may, in respect of any village by notification,

order that the boundaries of all survey numbers or plot numbers shall also be
fixed and demarcated by boundary marks.
(3) Such boundary marks shall, subject to the provmons hereinafter
contained, be of such specification and shall be constructed and maintained in
such manner as may be prescribed.
(4) Where the rnles prescribed boundary marks of a specification different

from that prevailing in any village, the new specification shall not be enforced
in such village except upon application to a [Tahsildar] 3 made by not less than
half the number of holders of land in the village. When such application is
made, the [Tahsildar]3 shall have new boundary marks constructed throughout
the villag<' and shall d;·tribute the cost thereof proportionately among the holders
of land in the village in accordance with rules made under tLis Code. The
share of each holder shall be recoverable as an arrear of land revenue.
(5) Every holder of land shall be responsible for the maintenance and
repair of the permanent boundary and survey marks erected thereon.
125. All disputes regarding boundaries of villages, survey numbers and Disputes regarding boundaries
plot numbers where such boundaries have b<'en fixed under the provisions of between villages, s~ey
numbers and pie/! numbers•.
section 124, shall be decided by the [Tahsi!dar]4 after l_ocal inquiry at which all
persons intersted shall haye an opportunity of appearing and producing evidence.
126. (!) When a boundary has been fixed under the provisions of Ejectment of persons
section 124, the Tahsildar may summarily eject any person who is wrongfully wrongfully in possession
in possession of any land which has been found not to appertain to
his holding or to the holding of any person throagh or under whom he
claims.
(2) Where any person has been ejected from any land under the pro-
visions of sub-section (!), he may, within the period of one year from the date
of the ejectment, institute a civil suit to establish his title thereto :
Provided that the Tahsildar, or any Revenue Officer as such, shall not
be made a party to such suit.
(3) The Tahsildar may at any time make an order for re-distribution of
,.... land revenue which, in his opinion, should be made as a result of the decree
I. Subs. M. P. Act 25of 1964, S. 13.
2. Subs. by M. P. Act 24 of 1961, S 8, for "1953-54."
3. Subs. by S. 7, ibid, for uRevenue officer".
4. Subs. by, ibid, S.6, for "Collector".
I
ii;, a ci;'il suit instituted under sub-section (2),and such re-distribution shall take
euect ll'Om• ti1e b egmnmg
· · of t h c revenue year following the date of the order.
Demarcation and maintenance

127 · (1) Every holder of the Janel adjoining a village road village
of boundary lines.
waste or land reserved for communal purposes, shall at his own cos{ and in
the manner prescribed --
(a) demarcate the boundary between his ]and and village
road, village waste or land• reserved for communal
purposes adjoining it by boundary marks; and
(b) repair and renew such boundary marks from time-

to-time.
(2) If the holder fails to demarcate the boundary or to repair or renew

the bow_1dary marks as required by sub-section (! ), the Tahsildar may, after
such notice as he deems fit, cause the boundary to be demarcated or the boundary
marks: to be repaired or renewed and rnay recover the cost incurred as an arrear
of land revenue. ·
(3) _In the event of any dispute regarding the demarcation of the boundary
or the mamtenance of the boundary marks in proper state of repair, the matter
shall be decided b'y the Collector whose decision shall be final.
Explanation.- Village road for the purpo,cs of this secti0n means a

road which, bearsan indicative survey number or plot number.
Enforcement of repair of 128 . ( l) After the end of November in each year the pa tel of the village
hOlmdary or survey marks, shall give written notice to everv holder on whose land the boundary or survey
marks are defective calling · upon him to put them into proper repair
before the first day of March following.
(2) After the first day of March in any year, the Tahsildar or any othe,
Revenue Officer empowered to act may cause any defective boundary or survey
marks to be properly repaired and shall recover the cost of such repair from the
holder: or holders responsible for the maintenance of such boundary or survey
marks, together with a penalty which may extend to one rupee for every boundry
mark so repaired- Such cost and penalty shall be recoverable as an arrear
of land revenue.
Demarcationof boundaries of 129. (I) Th,, Tahsildar or anv other Revenue Officer empowered
survey nmnbe-1· or sub-division or to uct may, on the application or" a party· interested, demarcate the
plot number. boundaries of a survcv number or of a sub-division or of a plot number
and construct bound;ry marks thcreo:1.
(2) The State Government may make rules for regulating the procedure
to be followed by the Tahsildar or any other Revenue Officer en:,~ 0 .wered ~o
act in demarcating the boundaries of survey number or of a sub-d1v1S1on or f
a plot number prescribing the nature of the boundary marks to be used, and
authorising the levy of fees from the holders of Janel in a demarcated survey
number or sub-division or plot number.
Pe»atty for destruction, injury 130. If any person wilfullv destrovs or in 1·ures, or without lawful authority
or mc:1.oval of boundary or removes, a boundary or survey ·mark lawfully
, ·constructed, he may l)e or d ered
su~_ey marks. by the Tahsildar or any other Revenue officer empowered to act to pay such
fine, not ?x"eedin.~ ~fty rupees for ?ach mark so de~troycd, injured or remov:~
as may, m the opunon of the Tahs1lclar or anv other Revenue officer empowe'. e ·
to act be necessary to defray the expense of r~storing the same and of reward ,ng
the informant. if any.
Rights of way aud otli.cr private 131. (1) In the event of a dispute arising as 10 the rout" by which a
easement:-;. cultivator shall have access to his fields or to the waste or pasture lands of t_he
village. othccv·ise than by the recognised roads, paths or common land, incJud:ng ·
those_road and paths recorded in the vilfoge Wajih-ul-arz prepared under secti_on
242 or as to the source from or course by which he may avail himself of water,
THE MADJiYA PRADESH LAND REVENUE CODE, 1959 263
a Tahsildar may, after local enquiry, decide the matter with reference to the
• previous· custom in each case and with due regard to the converuences of all the
parties concerned.
(2) No order passed under this section shall debar any. perso:1 from
establishing such rights of easement as he may a claim by a civil Slllt-
Penalty for obstruction of way,
(132. · Any person who encroaches upon, or causes any obstruction to the etc.
use of a recognised road, path or common land of a village including thos_e_ roads
and paths recorded in the village Wajib-ul-urz or who disobeys the dec1s1on of
a Tahsildar passed undc, section l 31, shall be liable, under the written or~er
of a Tahsildar stating the facts and circumstances of the case, to a penalty which
may extend to one thousand rupees.] I
Removal of obstruction.
133. If a Tahsildar finds that any obstacle impedes the free use of a
recognised road, path or common land of a village or impedes the road or
water course or source of water which has been the subject of a decision under
section 131, he mav order the person responsible for such obstacle to remove
it, and, if such per:son fails to comply with the order, may cause the obstacle
to be removed and may recover from such person the cost of removal
thereof.
Execution of bond for abstai-
134. Any person who encroaches upon or causes any obstruction under ning from repetition of certain
sections 131, 132 or 133 may be required by the Tahsildar to execute a perso- acts.
nal bond for such sum not exceeding five hunclred rupees, as he may deem fit,
for abstaining from repetition of such act.
Acquisition of land for road_,
135. ( 1) If, on the application of the villagers or otherwise, the
paths, etc.
collector is,after enquiry, satisfied that it is expedient to acquire any land
for the purpose of providing a road not exceeding ten feet in width cart
track or path for the use of the viliage community in such village hemay call
upon the residents of the village to deposit the amount of compensation.
payable in respect of such land under sub-section (3) within a specified period.
, On su.eh deposit being made the Collector may, by order published in th
· prescribed manner, acquire such land and upon the making of such order, such
land shall vest absolutely in the State Government.
. (2) . Any person claiming any interest in any such land may within
pen~d ~f one year from the date of vesting under sub-section (1) make an
apphcat10n to the Collector for compensation in respect of his interest.
(3) The compensation payable in respect of such land shall be fifteen

times the land revenue assessed or assessable thereon.
Power to exempt from operation
136. The State Government may, by notification, declare that any of
of this Chaptet·.
or all of the provisions of this Chapter shall not apply to any village or class
of villages.
CHAPTER XI
Realisation of Land Revenue
137. The land revenue assessed on anv land shall be first cl12rge or, Land Revenue first charge
on land.
that land and on the rents and profits ther~of.
Responsibility for pa}'!Dent (!f
138 (!) The following persoll shall be primarily liable for the payment land revenue. - . ;·{
of the land revehue assessed on a holding---
(a) m a Bhumiswami's holding the Bhumiswami ;.
(b) in a holding consisting of land leased by the State

Goverqment the lessee thereof.
I. Subs. by M. l'. Act 15 of 1980, S. 7.

264. THF MADHYA PRADESH LAND REVENUE CODE, 1959
(2) When there are moic than one Bhumiswami or 'Jessee in a holding
aU such B~mniswamis or lessees, as the case may be, shall be jointly and
severally hable to the payment of the land revenue assessed on such holding.
l.and revenue recoverable from . 139. In case of default by <1ny person who is primarily liable under
any person, in possession.
section 138,. the land revenue, including arrears, shall be recO\erable from
any person m posseession of the land :
Provided that such person shall be entitled to credit for the amom1 t
recovered from him in account with the person who is primarily liable.
Dato on which land revenue
fiills due and i3 payable. 140. (I) The land revenue payable on account of a revenue ) ear shall
fall due on the first day of that year.
(2) The State Government may make rules providing for the payment
0
t: land revenue in instalments and on dates
(hereinafter referred to as pres-
cnbed dates) subsequent to the first day of the revenue year, and such rules
may prescribed the persons to whom and the places where at such instalments
shall be paid.
(3) The payment of land rcvenu,; to the persoh prescribed under sub-
section (2) may be made in cash or may, at the cost of the rcmitter, be remi-
tted by money order.
(4) Any period elapsing between the first day of 1te revrnue year end
any date fixed for the payment of land revenue by such rules shall he deemed
to be a period of grace, and shall not affect the provisions of sub-section (I).
Definitions of "arrear" and 141. Any land revenue due and not paid on or before the prescribed
'"'defaulter". date becomes therefrom an arrear, and the persons responsible for it, whether
under the provisions of section 138 or section !39 become defaulters.
Patel, Patwari, Gram Sabha or 142- (I) Where a Patel, Patwari, Gram Sabha or Gram Panchayat
Gram Panchayat bound to receives a payment from anv person on account of land revenue or on account
give receipt.
of any sum of money rec~verable as an arrear of land revenue he/it shall
grant a receipt for such sum in the prescribed form.
(2) If any Patel, Patwari, Gram Sabha or Gram Panchayat fails to

give a receipt as required by sub-section ( l) such pate!, patwari or in the case
of Gram Sabha or Gram Panchayat the persons responsible for passing such
receipt on behalf of such Gram Sabha or Gram Panchayat, as the case may
be, shaII, on application of the payer, be liable by an order of the Tahsildar
to,pay a penalty not exceeding double the amount paid.
Penalty for default of payment 143. If any instalment of land revenue or any part thereof is not paid
of land revenue within one month after the prescribed date the Sub-divisional Officer may
in the case of a wilful defaulter, impose penalty not exceeding ten per cent of
the amount not so paid :
Provided that no such penalty shall be imJCOSf.d for the non-Fayrrent of

any instalment, the payment of which has been smpended by the order of
Government, in respect of the period during which the payment remained
suspended.
,_, ~ "ii ' ' I ° ' " '

144. (I) The State Government may grant remission or suspension of
RemiaiOD or su1pension of
land revenue on failure of land revenue in years in which crops have failed in any area or in which
aops. crops could not be grown in any area in consequence of any order made
under any law by a competent authority, and such remission or suspension
shall be determined in accordance with rules made under this Code. ►
(2) No appeal or revision sball lie against any order pllSsed by a Revenue
Officer under such rules and no suit shall lie in a Civil Court to contest any
such order.
Certifed account t<l -be evid-

145. (1) A statement of account, certified by the Collector or by the
ence as to arrear and defaulter.
Tahsildar shall, for the purposes of this Chapter, be presumed to be correct
statement of the arrears payable to Government or its amount, and of the
person who is the defaulter, until the contrary is proved.
(2) No notice to defaulter shall be necessary before drawing up the

statement referred to in sub-section (I).
Notice of demand.
146. A Tahsildar or Naib-Tahsildar may cause a notice of demand
to be served on any defaulter before the issue of any process under section
147 for the recovery of an at rear.
l'rocess for recovery of arrear,.
147 An arrear of land revenue payble to Government may he reco-
vered by a Tahsildar by any one or more of the following processes:--
(a) by attachment and sale of movable property;
(b) by attachment and sale of the holding on which arrear is due
and where such holding consist of more than one survey
number or plot number by sale of one or more of such
survey numbers, or plot numbers as may be considered
necessary to recover the arrears;
[(bb) by attachment of holding on which arrear 1s due
and letting the same under section 154-A;
(bbb) by attachment of any other holding belonging to the
defaulter which is used for the purposes of agrlcuture
and letting the same under section 154-A;] 1
(c) by attachment and sale of any other immovable property

belonging to the defaulter :
Provided that the processes specified in clauses (a) and (c) shall not per-
mit the attachment and sale of the following, namely:--
(i) the necessary wearing appearel, cooking vessals, beds,
{ and bedding of the defaulter, his wife and children, and
such personal ornaments as, in accordance with the
religious usage, cannot be parted with by any woman;
(ii) tools of artisans and, if the defaulter is an agriculturist,
his implements of husbandry, except an implement
driven by mechanical power and such cattle and seed as
may, in the opinion of the Tahsildar, be necessary to
enable him to earn his livelihood as such;
(iii) articles set aside exclusively for the use of religious end-
own1ents;
(iv)
house and other buildings (with the materials and the sites
thereof and the land immediately appurtenant thereto and
necessary for the enjoyment) belonging to an agriculturist
and occupied by him:
[Provided further that the process specified in clause (b) shall not permit
attachment and sale of holding where the defaulter holds,-
(i) six hectares or less than six hectares of land in the Scheduled
Area; or ,
(ii) four hectares or less than four hectares of land in other areal,
Explanation.- For the purpose of this proviso, "Scheduled Area"
means any area declared to be Scheduled Area within the State of Madhya
Pradesh under paragraph 6 of the Fifth Schedule to the Constitution of India.] t
148. The cost of serving a notice of demand under section 146 or of Coats recoverable as put •f
issuing and enforcing any process in section 14 7 shall be recoverable as part of arrear.
the arrear in respect of which the notice was served or the process was issued.
I. Ins. by M. P. Act I of 1971, S.2.
2, Ins by M P .Act. 9 to 1977, S. 2.
a~.6 THE MADHYA PRADESH LAND REVENUE CODE, 1959
~orcePJ.eiJ.~ of proce:,sci in 149. The processes specified in claust;s (a) and (c) of section 147 may
other districts.
!,d, be enforced either in the district in which the default has been made or in any -
other district.
Payment under protest and
suit for recovery. 150. (I) Ifproceedings '.ue taken under this Chapter against .uiy J,Crson
for the re~overy of an arrear oJ land revenue, he may, at any time before the
property 1~ knoc~ed down at ~ sale, pay ~he amount claimed and may, at
the same time, deliver a protest signed by hnnse!f or by Jiis authorised agent
to the Revenue Officer taking such proceedings, and thereupon they shall
be 'stayed.
(2) Any person ccmplying ¼ith the provisions of sub-section (1) may,
notwithstanding anything contained in section 145, apply to the Sub-Divisicnal
Officer that nothing was due or that the amount due was leEs than the amount
for the recovery of which proceedings were taken and the Sub-Divisional-
Offiter shall decide the objection so raised.
(3) No appe.al sh,,!l lie against the order cf the Sub-Di\•is!onal Officer
passed under sub-sectio, (2), but the person cO!lcerned may institute a civil
suit for the recovery of the sum or part thereof paid under protest.
Application ofprooeeds of sale. 151. (1) The proceeds of every sale under this Chapter shall be applied,
firstly, in satisfaction of the arrears on account of which the sale was held and
of the expenses of such sale, secondly, to the payment of a.ny arrears of cesses
due bY the defaulter under anv law for the time being in force in the region
conce~ned. thirdly, to the payment of any other arrears payable to tho State
Govr,rnment by the defaulter, and fourthly to the payment of any arrears due
by the defaulter to a Co-operative Society, and the surplus, if any, shall then
be payable to him, or where there are more defaulters than one, to such
defaulters according to their respective shares in the property sold :
Provided that the surplus shall not be paid to the defaulter or defaulters_
until after the exoirv of two months from the date of the sale in the case of
movable propert~ ~r from the date of the confirmation of sale in the case of
imm~wable propertv. y
· (2) Notwithstanding 311Ything in sub-section (JJ, tl1e proceed~ of rnle

under clause (c) of sPrti0n )47 ,J.,. 3 )! he applied first to the payment of arrears
ofland revenue payable by the defaulter for the immovable _property sold up
to the date of the sale, and the surplus, if any, shall be applied m accordance
with sub-section (1).
Land sold for arrears to be 152. (!) Unless the Sub-Divisional Officer in ordering the sak _otherwise
free from nKllmbranc~:s, directs, purchaser of the land sold for arrears of land reYenue dve 1n tcspect
thereof, shall acquire it free of all encumbrances imposed on it, and al grants
and contracts made in respect ofit, by any p<-rson other than the purchaser.
(2) Any transfer. grant or contract in respect of trees or the pro~uce of

trees which are or at any' time have been the property of the Bhumiswam, of !he
land in which thev sta~d, shall be deemed to be a grant or contract made m
respect of such la;.d within the meaning of sub-section (]).
Pun:±1ase-r's title. 153. vVhere immovable property is sold under the provisions of this
Chapter and such sale has become absolute, the property shall be deemed to
have vested in the purchaser from the time when the property is sold and not
from the time when the sale becomes ahso]ullc-
Purchaser not liable for land 154. Notwithstanding anything in section I3f>, or section 139, the person
revenu~ due prior to sale. named in the certificate of purchase shall not be liable for land revenue pay-
able in respect of the land for any period previous to the date of the sak.
Powcrs of the Tahsildar t~ kt [154- A.(!) Where the arrear ofland revenue is due in respect of a hold-
out the holding in respect of ing or where any money is recoverable in the s,,rre m2nner as an arrear of land
which arrear fa due or any
other holding of the defaulter. revcnne under section 155, the Tahsildar may, notwitfolanding anything con-
uined in this Code, aftcr att;,d.nocnt of the holding ,,nde.r cl2use (bh) or clause
(bblJ) of sei;tion 147, as the case may be, let out the holding_ on which arrear i~
due or any other holding belongmg to the defaulter which 1s used for _the pur
pose of agriculture to any person other than the defaulter for a penod not
exceeding ten years commencing from tl:.e first day of agricultural year next
following, upon such terms and conditions as the Collector mav fix.
(2) Nothing in this section, shall affect the liability of any person who
may be liable under this Code for the payment of the arrears of land revenue
or of any money recoverable ;n the same manner as an arrear of land revenue
under section 155.
(3) Upon the expiry of the period of lease the holding shall be restored
to the person concerned free of any claim on the put cf the State Governn:cnt
for the arrears in respect of such holding er [rec of an) claim on the part of the
State Government or anv other authority wh2.t scev<cr for the n cneys rec0vcr-
able in the same manne~ as an arrear of land revenue under section 155 for the
satisfaction where of the same was let out under sub-section (l).] 1
Moneys recoverable as an
155. The following moneys may be recovered, as for as may be, und.,.r arrear of land rew:nue,
the provisions of this Chapter in the same manner 2s an arrear of land revenue :-
(11) except such clrarges as are included in the land revenue
under sub-section (2) of section 58, all rents, royalties, water
rates, cesses, fees, charges, premia, penalties, fines and cost
payable or leviable under th.is Code or any other enactment for
the time being in force;
(b) all moneys falling due to the St.ate Government under any
grant, lease or contract which provides that they shall be
recoverable in the same manner as an arrear of land revenue;
[(bb) all moneys guaranteed bv the State Government to the extent

of ai:iount guaranteed u;der a contract of guarantee which
provides that they sh2 ll be recoverable in the same manner
as an arrear of land revenue;]•
(c) all sums declared by this Code, or anv other enactment for
the time being in force to be recover;blc in the same manner
as an arrear of land revenue; and
(d) any sum orqered by a liquidator appointed under anv law
:elating to. Co-operative Societies in force for the time · being
m any reg10n of the State to be recovered as a contribution
to the assets of a society or as the cost of liquidation :
Pro;ided_ that no action shall be takei: on application for recovery of a

sum sp~Cified m clause (~), unless such apphcation is accompanied by a certi-
ficate signed by the Registrar appomted under such law that the sum should
be recovered as an arrear of land revenue•
'
[(e) all moneys becoming payable to the lv'Iadhya Pradesh State
V,•
Agro-Industries Develepment Corporation, Limited-
(i) on account of. penalty, cost of agricultural impleme,nts
or , other materials sold by the Corporation to agricul-
tunsts for the purpose of agriculture or improvement of
land _or otherwise, under any agreement of sale of
such implements or materials by the said Corporation;
(ii) in . repayment of any loan advanced by the said Corpo-

ration or of .any amount due to the said Corporation
under any le<1-se,contract, or agreement with or anv
other dealing of the said Corporation : ___ ·
l. Ins. hy M. P. Act l of 1971. S.3.
2. I ns. b YM. P. Act9ofl970, S.2(a).
268" _THE MADHYA PRADESH LAND REVENUE CODE, 1959
\,'".
Pro:ided. that _no action shall be taken on application for recovery of

a s~ spec!fied 1n this clause, unless such application is accompanied by a
certificate signed by the Managing Director of the said Corporation that the
sum should be recovered as an arrear of land revenue;]!
[(f) all moneys becoming payable to the Madhya Pradesh Laghu

Udyog Nigam Limited and the Madhya Pradesh Audyogik
Vikas Nigam Limited-
(i) on ac_count of service d1arge, penalty, interest, cost of
machmery or other materials sold by the said Nigams
to enterprenurs for the purpose of establishing, expa-
nding or running an industry or for any other purpose
ancill_:1ry to an industry under any agreement of sale
on h1re purchase or otherwise of such machinery or
.. materials by the said Nigams;
(11) on account of rent or cost of building hired out or sold,
as the case may be, by the said Nigams under any lease,
contract or agreement;
(iii) in repayment of any loan advanced by the said Nigams:
or of any amount due to the sa;d Nigams under any
lease, contract or agreement with or any other dealing
of the said Nigams :
Pro':'ided ~hat no action shall be taken on application for recovery of a

sum sf'.ec1fied 111 this clause unless such application is accompanied by a certi-
ficate signed by the Managing Director of the said Nigam that the said sum
should be recovered as a~ ~rrear of land revenue; '
(g) all moneys becoming payalble to the Madhya Pradesh Lift

Irrigation Corporation Limited on account of-
(i) construction charges of the tube-wells;
(ii) water rates for the water supnlied for the purpose of irrigation
from any Lift Irrigation Schemes;
(iii) any sum due to the said Corporation under any lease, agree-
ment or contract executed with the said Corporation:
Provided that no action shall be taken on application fo1' recovery of a

snm specified in this clause unless such application is accompanied by a certi-
ficate signed by the Managing Director of the said Corporation that the said
snm should be recovered as an arrear of land revenue.] 2 .
!56. Every person who may have become a surety under any of th.-
Recovery of mc,pey,1 fraul provisions of this Code or under anv other enactment or any grant, lease or
mrety-. contract whereunder the sum secured is recoverable from the principal as an
arre,i.r ofland revenue sha!l, on failure to pay the amount or any portion thereof
which he may have become liable to pay under the terms of his security bond,
he liable to be proceeded against under the provisions of this Code in the same
manner as for an arrear of land revenue.
CHAPTER XII
Tenure Holders
C2aos c£tenure. 157. There shall be only one class of tenure-holders of lands held from
the State to be known as Bhumiswami.
llhumiswami. 158. [l]a Every person who at the time of coming into f<:rce of.this Code,
·belongs to any of the following classes shall be called a Bhum1sw?m1 and shall
·have all the rights and be subject to all the liabilities conferred or imposed upon
a Bhumiswami by or under this Code, namely : -
(a) every person in remect of land held by him !n t~e Maha-
koshal region in Bhumiswami or Bhumidhar1 rights m
accordance with the provisions of the Madhya Pradesh
Land Revenue Code, · 1954 (II of 1955);
I. Subs. by M. P. Act 30 of I 973, S. 2.
2. Added by M. P. Act 16 of 1979, S.2.
3, Renumbered by M.P, Act. 8 of 1979 S. 3.
(b) every person in respect of land held by him in the Madhya

Bharat region as a Pakka tenant or as a }.;Iuafidar, Inamdar
or Concessional holder, as defined in the Madhya Bharat
Land Revenue and Tenancy Act, Samvat 2007 (66 of
1950);
(c) every person in respect of land held by him in the Bhopal

region as an occupant as defined in the Bhopal State
Land Revenue Act, 1932 (IV of I 932);
(d) (i) every person in respect of ]and held by hi~ in the

Vindhya Pradesh region as a pachapan pain tabs tenant,
pattedar tenant, a grove holder or as a holder of
tank as defined in the Vindhva Pradesh Land Revenue
and Tenacy Act, 1953 ( n1' of 1955 ) ;
(it) every person in respect of land {other than land

which is a grover or tank or wh::~h has been acq-
uired or which is required for Gc•;:,rnment or pubhc
purposes) held by him in the Vindhya P~ad2sh region
as a gair haqdar tenant and in re1pect of which he
is entitled to a patta in accordance with the provisions
of sub-section (4) of section 57 of the Rewa State Land
Revenue and Tenancy Cod~, r;35,
(iii) every person in respect of land held by him as a ten~nt

in the Vindhya Pradesh region and in respect of wh1c~
he is entitled to a patta in accordance with the provi-
sions of sub sectiom(2) and (3) of section 151 of t!Ie
Vindhva Pradesh Lane! Revenue and Tenancy Act,
1953 (III ofl955), but has omitted to obtain such patta
before the coming into force of this Code,
(e) every person in respect of land hdd by him in Sironj

✓ region as a khatedar tenant or as a grove holder as defined
in the Rajasthan Tenancy Act, 1955 (3 of 1955).
[(2) A Ruler of an Indian State forming part of the State of Madhya

Pradesh w:io, at the time of coming into force of this Code, was holding land
or was ~ntJt]ed t~ hold land as such Ruler by virtue of the covenant or agreement
enterd mto by him before the commencement of the Constitution, shall, as
from the date of coming into force of this Code, be a Bhumiswami of such
land under t!te Code and shall be subject to all the rights and liabilities
conferred and imposed upon a Bhumiswami by or under this Code.
Explanation,- Ill this sec ti en_ tl-.e eYrrc,,icn "FI ler" ,ind "Indian
State" shall have the same meaning; as are assigned to these expressions in
clauses (22) and (15) respectively of article 366 of the Constitution of India.] 1
159. Every person becoming a Bhumiswami under section J58 shall Land revenue payable by
pay as land revenue,-- Bhumiswami•.
(a) if he was paying land revenue in respect of the lands held by him-
.;;,..ch ladd revenue; or
(b) ifhe was paying rent in respect of the lands held by him-an amount
,equal to such rent.
160. (!) Every Muafi or Inam land, wherever situate, which was hereto-
Revocation or exemption from
fore exempted from payment cf the whole or part of the land liability fur ],and tCVC!l\lC,
revenue by a special grant from the Government or under the provisions of any
law for the time being in force or in pursuance of any other instrument shall,
r~otwithstanding anything contained in any such grant, law or instrument be
liable from the commencement of the revenue year next following the coming
into force -of this Code, to the- payment of full land revenue assessable thereon.
I. In,. by M. P. Act 8 of 197

(2) Where a:1y su_c~ Muafi or ~nam land is held for the maintenance or
upkeep of any pu?hc_rehg10us or _ch~nt~ble !nstitution, the State Governrr,ent
m_ay,_ ,on the _apphcat1011 of such 1:1stitution, in the prescribed form [and made-
withm such time as may b_e prescribed]' grant to it such annuity not exceeding
t:ie amount of the exempt10n from l~nd revenue enjoyed by it, as may be con-
sidered reasoi:iab]e for the proper mamtenance or upke, p of such institution or
for the contmuance of service rendered by it.
(3) The annuity granted under sub-section (2) shall be subject to such-
conditions as may be prescribed and may from time to time be revised or with
drawn by the State Government.
(4) Where an applicaion is made under sub-section (2), the recove1 v

of land revenue from the institution concerned shall be stayed un ti! the decisioi,
of the application.
Reduction of revenue during 161. (1) At any time during the currency of the settlement the Collector
the currency of settlement. may, in accordance with such rules as may be made in this behalf, on the ap-
plication of a Bhumiswarni or of hi~ own motion reduce the revenue in respect
of any land on any of the following grounds, namely:-
(i) that the land has been wholly or partially rendered
unfit for cultivation in consequence of floods or other
cause beyond the control of such Bhurniswami;
(ii) that any irrigation source, whether new or old, constru-

cted and maintained at the cost of the State has fallen
into disrepair and has ceased to irrigate the whole or any
part of his holding to which an enhanced rate of revenue
has been applied on account of irrigation;
(iii) that any private irrigation source has for any cause
beyond the control of Bhurniswami, ceased to irrigate
the whole or any part of the holding which has been
assessed to enhanced land revenue on account of
irrigation;
•
(iv) that the revenue payable by the Bhurniswami in respect
of the land is more than the revenue calculated at the
rate fixed at the last settlernen t or under any other law
for such land;
(v) that the area of the holding of such Bhurniswami has

decreased for any reason below the area on which the
existing land revenue was assessed.
(2) Where any reduction is ordered under sub-section (I), such reduc-
tion shall take effect from the comrnencernen t of the revenue year next following
the date of the order.
(3) If the cause for which revenue has been reduced under sub-section
(1) subsequently ceases or is removed, the Collector may, after giving the Bhumi-
swarni a reasonable opportunity of being heard, make an order directing that
such reduction shall cease to be in force and 011 such order being passed, the
reduction shall stand revoked from the commencement of the revenue yea.r
next following the date of the order.
{162. K X I[ X ]'
~ applicationa for con-

163. All applications by Bhumidharis for conferral of Bhumiswami
fea:ral of Bhumi.owami right». rights pending before any revenue court in the Mahakoshal region immediately
before the corning into force of this Code whether in appeal, revision, review or
otherwise, shall be filed and the amount, if any, deposited by such Bhumidharis
shall M refunded to them.
-------------------
1. Ins.byM.P.Act 24 of 1961, S.9.
2. Omitted by M. P. Act 25 of 1964, S. 14.
Devolution.
[164" Subject to his personal law the interest of Bhumiswami shall, on
...._ his death, pass by inheritance, survivorship or bequest, as the case may be.] 1
Rights of transfe,.
165. (I) Subject to the other provisions of this section and the provision
of section 168 a Bhumiswami may transfer [ - x - x - x - - ,]2 any
interest in his land.
(2) Notwithstanding anything contained in sub-sectio.i (1)-
(a) no mortgage of any land by a Bhumiswami shall hereafte~ ~
valid unless atleast five acres of irrigated or ten acres of unrrn-
gated land is left with him free from any encumbrance or
charge;
(b) subject to the provisions of clau;e (a), no usufructuary
mortgage of any land by a Bhumiswami shall hereafter be valid
if it is for a period exceeding six years and unless it is a condition
of the mortage that on the expiry of the period mentioned in
the mortgage deed, the mortgage shali be deemed, without
any payment whatsoever by the Bhumiswami to have been redee-
med in full and the mortgagee shall forthwith re-deliver posses-
sion of the mortaged land to the Bhumiswami;
(c) if any mortgagee in possession of the land mortgaged does

not hand over possession of land after the expiry of tbe
period of the mortgage or six years whichever expires first
the mortgagee shall be liable to ejectment by the orders of
the Tabsildar as trespasser and the mortgagor shall be placed
in possession of the land by the Tahsildar :
[Provided that nothing in this sub-section shall apply in the case of a

mortgage of any land held by a Bhumiswa_mi for non-agricultural purpose.s)S
(3) Where a Bhumiswami effects a mortgage other than a usufructuary

mortgage of_his land _in pursu3:nce ?f the provisions of sub-section (2), then
, notwithstandmg anything contained m the mortgage deed, the total amount
of interest accruing under the mortgage shall not exceed half the sum of the
principal amount advanced by the mortgagee.
(4) Notwithstanding anything contained in sub-sectior (!), no Brumi-

swami shall have the right to transfer 2ny land-
(a) in favour of any person who shall as a result of the transfer
become- entitled to land which together with the land, if any,
held by himself or by his family will in the aggregate exceed
5uch ceiling limits as may be prescribed;
[(b) X X X
5(Provided that -
(i) nothing in this sub-section shall apply-
(a) in the case of a transfer in favour of a Co-operative Society
or an institution established for a public, religious or
charitable purpose or a transfer for industrial purpose or a
transfer by way of mortgage;
(b) in the case of a transfer of· land held for non agricultural
purposes:
[(ii) X X X
1. Subs. by M. P. Act 38 of 1961, S .2.

__.._ 2. Words "otherwise than by will" omitted by S.3(i): il,id.
8. Added by M. P, Act 24 of 1961, S. I0(i).
4, O&nltted by M. P. Act 25 of 1964, ~.15.
Subs. by M. P. Acl 24 of 1961, S. 10 (ii).
6. Omitted by M. P. Act 25 of 1964, S, 15,
l Provided fur~her tha~ th~ trans~er of land under sub-clause (a) of clause
(z) of the preceedmg proviso tor an mdustrial purpose shall be subject to the--,;.
following conditions, namely : -
(i) if such land is to be diverted to a non-agricultural purpose,
the permission of the Sub-Divisional C fficer under section
172 for such diversion is obtained prior to such transfer·
=d I
(ii) the provisions of section I 72 shall apply to such transfer

with the modification that the period of three months and six
moaths mentioned in the proviso to sub-section (1) thereof
shall, for the pUi'.poses of an application for such diversion,
be forty-five days and ninety days, respectively.]
Explanation.- For the purposes of this sub-section, a person's family

shall co~si_st o'. ~he person himself, the minor children and the spouse of such
person l1v1ng Jomtly with him and if such person is a minor then his pa,ents
living jointly with him.
(5) Notwithstanding anything to the contrary in any other enactment

for the time being in force, no land of a Bhumiswami shall, in execution of a
decree or order of.a court, be sold to any person who as a result of such sale shall
become entitled to land which together with the land, if any, held by himself
or by his family will in the aggregate exceed such ceiling limits as may be
prescribed :
Provided that nothing in this sub-section shall apply in the case of a co-
operative society where any land is put to sale in execution of a decree or order
passed in favour of such society.
Explanatfon.- For the purposes of this sub-section, t?e

expres~ion "a
person's family'' shall have the same meaning as assigned to it m sub-section (4) ·
, 1 [(6) Notwithstanding anything contained in sub-section (1) the. ri_ght \.

ofBhumiswami belonging to a tribe which has been declared to be an abortgmal
tribe by the State Government by a notification in that behalf, whole for the
or part of the area to which this Code applies shal!.-
(i) in such areas as are predominately inhabitated by aboriginal
tribes and from such date as the State Government may, by
notification, sp, y, not be tt ansferred nor it shall be transfe-
rable either by way of sale or otherwise or as a. consequence
of transaction loah to a person not belongmg to sucb
ribe in the area specified in the notification;
(ii) in areas other than those specified in the notification under
clause (i), not be transferred or be transferable either ~y way
of sale or o:herwise or as a consequence of transactJOn of
loan to a person not helonginf!' to such tribe without the
permission of a Revenue Officer not below the rank of
Collector, given for reasons to be recorded in writing.
Explanation.- For the purposes of this sub-section the expression "other-

W1l!C" ~hall not include lease.]
2 [6-a) Notwithstanding anythin!!' contained in sub-secti(>n (1), [the right

of a Bhumiswami other than a Bhurniswarni belonging to a tribe
which has been declared to be an aboriginal tribe under su'l>-section
1. Subs. by M. P. Act 61 of 1976, S.2.

2. In,., in it, application to the Scheduled · -,s, by Government of Madhya Pradesh, Adi-
mjati Avam Harijan Kalyan Vihhag Notititation No. F-lf>.1-81-II-XXV, dated the.15th
April, 1981, i,sued by the ernorofMadhya Pradeoh·undersub-paragraph (I) of para-
graph 5 of the Fifth Scheciule to the Constitutim, of India, published in Madhya Pra-
de a A,adharan), dated the 20th April, 1981, page, 627-632.
TilE MADRY A PRADESH LAND REVENUE CODE. 1959 273
(6), in the land excluding the agricultural land] 1 shall n?t be

transferred or be transferable eithe1 by way of sale or otherwise_ or
as a consequence of transaction of loan to a person not bdon\smg
to aboriginal tribe without the permission of the Collector given
for reasons to be recorded in writing :
Provided that every such transfer effected pnor to the 9th day of June,
1980 which is not in accordance w::h the provisions herein contamed shall,
unless such transfe~ is ratified by the Collector in accordance with the provisions
hereinafter contained, be void and shall be ofno effect whatsoever, notwit~standing
anything contained in this Code or any other law for the time being m force.
(6-b) Notwithstanding anything contained in the Limitation Act, 1963

(No. 36 of 1963), the Collector may on his own motion at any time
or on an application made in this behalf within three years of such
transaction in such form as may be prescribed, make an enquiry
as he may deem fit, and may, after giving a reasonable opportunity
of being heard to the persons affected by the transfer, pass an order
ratifying the transfer or refusing to ratify the transfer.
(6-c) The Collector shall, in passitig an order under sub-section (6-a)

granting or refusing to grant permission or under sub-section (6-b)
ratifying or refusing to ratify the transaction shall have due regard
to the following :-
(i) whether or not the person to whom land is being transferred
is a resident of the Scheduled Area;
(ii) the purpose to which land shall be or is likely to be used after

the transfer ;
(iii) whether the transfer serves, or is likely to serve or prejudice
the social, cultural and economic interest of the residents of
the Scheduled Area;
(iv) whether the consideration paid is adequate;
(v) whether the transaction is spurious, fictitious or benami; and
(vi) such other matters as may be prescribed.

The decision of the Collector granting or refusing to grant the pennission
under sub-section (6-a) or ratifying or refusing to ratify the transaction of transfer
unde~ sub-s~ction_ (6-b), shall be final, notwithstanding anything to the contrary
contamed m this Code.
Explanation.-For the purpose of this sub-section,-

(a) "Scheduled Area" means any area declared to be a Sched·
uled Area within the State of Madhya Pradesh under
paragraph 6 of the Fifth Scheduled to the Constitution
of India;
(b) the burden of proving that the transfer was not spurious,
fictitious or benami shall lie on the person who claim■
such transfer to be valid.
{6-d) On refusal to grant the permission under sub-section (6-a) or

ratificati:on under sub-section (6-b), the transferee, if in possession of
the land shall vacate the possession forthwith and restore the
possession thereof to the original Bhumiswami.
1 • Subs. in its application b~- Scheduled Ar~a<i.,. bv Government of Madhya Pradesh, Revenue
Department's Notificalion F. No. 37-4-VII-N-11-84. dated the 4th June, 1984 for the
words, figure and brackets "the right of a Bhumis·w-ami other than a Bhumiswardi- belon-
~in~ to :::i tr-ihf" v.rhirh h~<: hf"Fn t--11,rl:-ir<"rl tn thf'; ~n ahorie-in~l tribe 11nd~r suh-section (6\ ·'·•.
issued by the Governor of Madhya Pradesh under snbs Paragraph (I) of Paragrph !; of
the Forth sche<Jule to the Constitution of India, published in the Madhya Pradcah Rai-
patra (Asadharan), dated the 7th June, 1984, pages 1621--22.
2.74 TIIE MADHYA PRADESH LAND REVENUE CODE, 1959
(6-e) If the Bhumiswami for any reason whatsoever fails or is unable to

take possession _of the land of which the right of possession stands
restored to hu~ under sub-section (6-d), the Collector shall _.. ,
cause the possession of land to be taken and cause the land to be
managed on behalf of the Bhumiswami subject to such terms and
conditions as may be prescribed till such tim'c as the original Bhumi-
swami enters upon his land : '
Provided that if any resistance is offered in restoring possession, the

Collector shall use or cause to be used such force as may be necessary.
[(6-ee) The agricultural land transferred by the Bhumiswami other th@

a Bhumiswami belonging to an aboriginal tribe declared under sub-
section (6) to a person not belonging to an aboriginal tribe shal! not
be diverted for any other purpose before the expiry of period of ten
years from the date of transfer;] 1
(6.f) The provisions of sub-section (6-a) to [(6-ee)] 2 shall have effect,

notwithstanding anything to the contrary contained in this Code
or any other law for the time being in force.]
(7) Notwithstanding anything contained in sub-section (I) or' in any

other law for the time being in force-
[ (a) where the area of land con;prised in a holding or if there
be more than one holding the aggregate area of all holdings
of a Bh umiswami is in excess of five acres of irriga tee! or
ten acres of unirrigated land, then only so much area of
land in his holding or holdings shall be liable to attach-
ment or sale in execution of any decree or order as is in
excess of five acres of irrigated or ten acres of unirrigated
land;l 8
(b) no ]and comprised in a holding of a Bhumiswami belon-

ging to a tribe which has been declared to be an aboriginal
tribe under sub-section (6) shall be liable to be attached
or sold in excecution of any decree or order;
(c) no receiver shall be appointed to manage the ]and of a

Bhumiswami under section 51 of the Code of Civil Proce-
dure, 1908 (V of I 908) nor shall any such land vest in
the court or any receiver under the Provincial Insolvency
Act, 1920 (V of 1920), contrary to the provisions of clause
(a) or clause (b):
Provided that nothing in this sub-section shall apply where " charge has
been created on the land by a mortagage.
[(7-a) Notwithstanding anything contained in sub-section(!), no Bhumi-
swami specified in section 33 of the Madhya Pradesh Bhoodan Yagna
Adhiniyarn, 1968 (No. 28 of 1968) shall have the right to transfer
any interest in his ]and specifiid in the said section without the per-
4
mission of the Madhya Pradesh Bhoodan Yagna Board.]
[(7-b) Notwithstanding anything contained in sub-section (1), a peron

who holds land from the State Government or whom right to
occupy land is granted by the State Government or the Collector
as a Government lessee and who subsequently be~omes Bhumiswami
L Ins., in its_ applica~i?n t;> Schduled Areas, by Government of Madhya Pradesh, Revenue
Departments Notif1cat1on F. No. 37-4-VII-N-II-84, dated the 4th June, 1984, issued by ¥·
the Governor of Mad~ya rradesh under sub-paragraph(!) of Paraeraph 'i of the Fifth
schedul.c to the Const1t11t10n of Inr!ia, published in the Madhya Pradesh Rajpatra
dated the 7th June, 1984, page, 1621.22.
2. Subs, ibid, (6-e)".
3. Subs. by M. P. Act 37 of 1973, S.2.
4. Ins. by M. P. Act 15 of 1975, S.4.
THE MADHYA PRADESH LAND REVENllE CODE, 1959
of such land, shall not transfer such land without the per'°'.ission of
a Revenue Officer, not below the rank of a Coilector, g,ven for
reasons to be recorded in writing.] 1
(8) Nothing in this section shall prevent a Bhumiswami ~rom transferring

any right in his land to secure payment of, or shall affect the right of0e State
Government to sell such right for the recovery of, an advance made to him un~er
theLand Improvement Loans Act, 1883 (XIX of 1883) or the Agriculturists
Loans Act, 18!'4 (XrI of 1884).
(9) Nothing in this section shall prevent Bhumiswami from_ transferr in
anv right in his land to secure payment of an advance made to hrm by a Co-
op~rat've Society or shall affect the right of any such society to sell such right
fo, the recovery of such advance.
[(9-a) Nothing in this section shall prevent a Ehm:riswami who is a dis-

placed person from trrmferr:r,g aLy rigr.1 in r.is Jar.cl to secure pay-
ment of an advance made to him by the Dandakaranya Development
Authority or shall affect the right of that Authority to sell such right
for the recovery of such advance.
Explanation,- In this sub-section "displacfd reno/' rrt.2ns a person

displaced from the territories now ccirprfred in Fast P2kistzn who is resettled
in Madhya Pradesh on or after the !st day of April IS57. tnder any scheme of
resettlement of displaced persons sanctioned by the Central Government or the
State Government.] 2
[(9-b; Nothing in this section shall prevent a Bhumiswami from trans-

ferring any right in his land to secure payment of an advance made
to him by a Commercial Bank for purpose of agriculture or improvement
of holding or shall affect the right of any such Bank to sell such right
for the recovery of such advance.]•
(IO) Notwithstanding anything con1a:ud in tI-.e TL din, Registratior.s

Act, 1908 (XV] of 1908), no cfficer empowered to register dccnrents there-
under shall admit to registeration any document which purports to contravene
the provisions of this section.
(I 11 Nothing in this section shall-

(a) invalidate any transfer which was validly pcade; or
(b) validate any transfer which was invalidly made:

before the coming into force of this Code.
Explanation,- :For purposes of this section or.e acre cf irrigated land

shall be deemed to be equal to two acres of unirrigated land and vice-versa.
166. (I) Ifa transfer of land is made in contravention of the provisions For feiture in cases of certain
of clause (a) of sub-section (4 1 of section 165 so much of the land as is in excess transfers.
of the prescribed ceiling limit with the transferee shall, after its selection by the
transferee within the prescribed period and demarcation by a Sub-Divisional
Officer in accordance with such rules as may be made in that behalf, stand
forfeited to the State Government :
Provided that if the transferee fails to make the selection within the
prescribed period such selection shall be ~ade by the sub-Divisional Officer.·
[(2) -- X - X x X ]'
----· ---····---------------------~
·1. Iris. by M, P. Act 15 of 1980, S. 8.
2. Ins. byM. P. Act 38 of 1961, S.3(ii).
S. Ins. by M. P. Act 9 of 1970, S.3.
Omitte d by M. P. Act 25 of 1964, S. 16.
(3) The Sub-Divisional Officer shall in the cases referred to in sub-section

(I) and (2) fix the land revenue in the prescribed manner in respect of the land
left with the transferee.
Exchange of land. I <o 7. Subject to the provisions of section 165 Bhumiswamis may exchange
tual agreement the whole or any part of their holdings for purposes of
co'lsoli :l n of holdings or securing greater convenience in cultivation.
Lea.co. 168. [(I) Except in cases provided for in sub-section (2), no Bhumiswan>;
shall lease any land comprised in his holding for more than one year during any
consecutive period of the three years :]1
[Provided that nothing in this sub-section shall apply to the lease of any
land-
(i) made by Bhumiswami who is a member of a registered

Co-opet ative Farming Society to such Society;
(ii) held by a Bhumiswami for non-agricultural purposes.JS
E:ir:planation.-For the purposes of this section--
(a) "lease" means a transfer of aright to enjoy any land, made

for a certain time, expressed or implied in consideration of
a price paid or promised or of money or any other thing of
value to be given periodically to the transferer by the
transferee who accepts the transfer on such terms,
(b) any arrangr'ffient whereby a person cultivates any land

of a Bhumiswami with bullocks belonging to or procured
by such person (lessee) and on condition of his givin~
a specified-share of the produce of the land to the Bhum1
swami shall be deemed to be a lease,
(c) the grant of a right merely to cut grass or to graze cattle or

to grow 'Singhara' or to propagate or collect lac, pluck or
co!lQct t.-ndu leaves shall not be deemed to be a lease of the
land.
(2) A Bhumiswami who is-
(iJ a widow; or
(ii) an unmarried woman; or
(iii) a married woman who has been deserted by her husband; or
(iv) a minor; or
(v) a person subject to physical or mental disability due to old

age or otherwise; or
(vi) a person detained or imprisoned under any process oflaw; ot
(mi) a person in the service of Armed Forces of the Union; or

(oiii) a public, charitable or religious institution; or
{fa) a local authority or a Co-operative Society;

may lease the whole or any part of his holding :
'.Provided that where a holding is held jointly by more than one person the
provisions of this sub-section shall not be applicable unleSll all such persons be
long to any OU<" or more of tl-.e classes aforesaid :
I. Subs.M. P..;ct 25 ofl964 by S.17 (a).

2. Sub,. by M. P. Act 24 of 1961, S.11.
THE MADHYA PRADESH LAND REVENUE CODE, 1'Y9 277
Provided further that any lease rn'lde in p·ursuance of this sub-section shall
_.. cease to be in force after one year of the determination of the disability by death
or otherwise.
)1
[(3)
(4) Where a lease is granted in pursuance of [Sub-section (2)] 2 the
lessee shall hold the land on such terms and conditions as may be agreed upon
between him and the Bhurniswarni and may be ejected by an order of a Sub-
Divisional Officer on the application of the Bhurniswarni on the ground of
contravention of any material term or condition of the lease or on the lease
ceasing to be in force.
(5) Where on the corning into force of this Code am· l~nd is held on
lease from a Bhurniswarni who belongs to any one or more of the classes
mentioned in sub-section (2), such lease shall, on the corning- into force of
this Code, be deemed to be a lease granted in pursuance of sub-section (2).
[ 169. If a Bhurniswarni- Unauthorised lease etc.

(i) leases out for any period any land comprised in his
holding in contravention of section '168; or
(ii) by an arrangement which is not a lease under sub-section
(!) of section 168 allows any person to cultivate any
land comprised in his holding otherwise than as his hired
labour and under that arrangement such person is
allowed to be in possession of such land for a period
exceeding two years without being evicted in accordance
with section 250;
the rights of an occupancy tenant shall,-

(a) in the case of (i) above, thereupon accrue to the
lessee in such land; and
(b) in the case of (ii) above, on the expiration of a period
of two years from the date of possession, accrue to
such person in that land :
Provided that nothing in this section shall apply :o a land comprised in

the holding of a Bhumiswami belonging to a tribe which has been
declared to be an aboriginal tribe under sub-section (6) of section
165 and which is leased out by him or in respect of which he
has made an arrangement as aforesaid,as the case may be.JS
[ 170. (1) Where possession is transferred by a Bhumiswami in pur• Avoidance of transfer in am-
suance of a transfer which is in _contravention of sub-section (6) of section traYention of section .16!!.
165 any person who, if he survived the Bhurniswami without nearer heirs
would inherit the holding, may,-
(i) till the 31st December !978, in. the case of transfer of
possession prior to the 1st July 1976; and
(ii) within five years of such transfer of possession, in
subsequent cases,
apply to the Sub-Divisional Officer to be placed in possession subject so far

as the Sub-Divisional Officer may, in accordance with the rules made in this
behalf, determine to his acceptance of the liabilities for arrears of!and revenue
or any other dues which form a charge on the holding, and the Sub-Divsio-
nal Officer shall dispose of such application in accordance with the proce~
~ dure as may be prescribed.]4
I. Omitted by M. P. Act 25 of 1964, S. 17(b).

2. Subs. byS.17(c),for"sub-section (2) or (3) ".
3. Subs. by M. P. Act 15 of 1980. S.9.
4. Subs. by M. P. Act 61 of 1976, S.4
278. THE MADHYA PRADESH LAND REVENUE CODE, 1959
. . _(2) Where aHy land of a Bhumiswarni is sold in contravention 01

subsect10'. 1 (:>) of section 165, the court by which such sale is ordered shall, on
the a~phca'.1on_ of the Bhumiswami or any person who, if he survived the
Bhum1swam1 without nearci' heirs would inherit the holding made within two
years of ,such. sale, set aside the sale and place the applicant in possession of
the lana subject to his accepting the liability for arrears of and revenue or
any other dues which form a charge on the land.
1
Certain transfers to be ;et ( 170-A. (1) Notwithstanding anything contained in the Limitation
aoide. Ac,, 1963 (No. 36 of 1963), the Sub-Divisional Officer may, on his own mo-
uon or on an application made by a transferer of agricultural land belonging
t? a tribe which has bee:, declared to be an aboriginal tribe under sub-sec-
n on (6~ of section 165 on or before the 31st December 1978, enquire into a
transfer effected by way of sale, or in pursuance of a decree of a court of such
]and to a person not belonging to such tribe or transfer effected by way of
accrual of right of occupancy tenant under section 169 or of Bhumiswami
under sub-section (2-A) of section 190 at any time during the period commen-
cing on the 2nd October, 1959 and ending on the date of commencement . of
the Madhya Pradesh Land Revenue Code (Third Amendemnt) Act, 1976 to
satisfy himself as to the bonafide nature of such transfer.
(2) If the Sub-Divisional Officer on an enquiry and after giving

a reasonable opportunity to the persons owning any interest . in such_ land, is
satisfied that such transfer was not bona fide, he may notw1thstandmg any-
thing contained in this Code or any other enactment for the time being in
force,--·
(a) subject to the provisions of clause (b), set aside _such transfer
if made by a holder belonging to a tribe which has been
declared to be an aboriginal tribe under sub-section (6) of
section 165 and restore the Jarid to the transferer; or
(a) subject to the provisions of.clause (b), set aside such transfer
if made by a holder belonging to a tribe which has been
declared to be an aborigional tribe under sub-section (6) of
section 165 and [restore the land to the transferer by putting
him in possession of the land forthwith.] 9
(b) where such land has been diverted for non,agricultural

purposes, he shall fix the price of such land which it would
have fetched at the time of transfer and order the transferee
to pay the difference, if any, between the price so fixed and
the price actually paid to the transferer within a period of
six months.] 2
Reversion of land o 1 members 8[170-B. (1) Every person who on the date of commencement. of
of aboriginal tribe whk:h ~vas the Madhya Pradesh Land Revenue Code (Amendment) Act; 1980 {herem- ·
tra...rerred by fraud. after referred to as the Amendment Act of 1980) is in possession of agricul-
tural land which belonged to a member of a tribe which has been declared
to be an aborigin:11 tribe under sub-section (6) of section 165 between the
pcrrnrl · commencing on the 2nd October, 1959 and ending on the date of
4
th,,. commencement of Amendment Act of 1980 shall, within [two years] of
such commencement., notifv to the Sub-Divisional Officer in such form and in
such manner as mav be pr~scribccl, all the information· as to how he has come
~n ~n~s~r-;sion nf ~nch l,:...nc1.
I. Ini. by M: P. Act.61 of 1976, S. 5.

2. Subs. in its application to Scheduled Area. by Goverl\ment of Madhya Pradesh,
Revenue Department's Notification F.No.1•70-7MN-2-83, dated the 5th.January, 1984, is.sued
by the Covernor of Madhya Pradesh under sub-paragraph (1) of paragraph 5 of the Fifth
Schedule to the Constitution of India, published in the Madhya Pradesh Rajpatra (Asadha-
ra:n), dated the 6th January 1984, pages 23-29. for ''restore the land to the transfercr"
3. Ins. bv !\f. P. Act I:i of !9BQ, S. !O.
4. Subs.hyM.P.Actl9 ofl982,S.2,for"oneyear".
(2) If any person fails to notify the information as required by sub-

_.. section (1) within the period specified therein it shall be 1:resumed that such
person has been in possession of the agricultural la·d without 2.r,y lawful
authority and the agricultural 12.nd shall, on the expiration of the period afore-
said revert to the person to whom 1t originally belonged and if that person be
dead, to his legal heirs.
(3) On receipt of the information under sub-section (1), the Sub-Divi-

sional Officer shall made such er,quiry as may be deemed necessary about all
such transations of transfer and if he finds that the member of aboriginal tribe
has been defrauded of his legitimate right he shall declare the transaction null
and void and pass an order revesting the agricultural land in the transferer
and, if he be dead, in his legal heirs.]
[ (3) On receipt of the information under sub-section (I) the Sub-

Divisional Officer shall make such enquiry as may be necessary a bout all such
trar,sactions of transfer and if he finds that the member of aboriginal tribe has
been defrauded of his legitimate right he shall declare the transation null and
void and-- --
(a) Where no building or structure has been erected on
the agricultural la11d prior to such finding pass an order
revesting the agricuhural land in the transferer and if
he be dead, in his legal heirs,
(b) Where any building or structure has been erected. on the

agricultural land prior to such finding, he shaII fix the
price of such land in accordance with the principles laid
down for fixation of price of land in the Land Acquisition
Act, 1894 (No. I of 1894) and order the person referred
to in sub-section (I) to pay to the transferer the
difference, if any, between the price so fixed and the
price actually paid to the transferer :
Provided that where the building or structure has been erected after the
,( 1st day of January, 1984 the provisions of clause (b) above shall not apply :
Provided further that fixation of price under clause (b) shall be with
referenee to the price on the date of registration of the case before
the Sub-Divisional Officer.] 1
[ 170-C. Not.,vithstanding anything contained in the Advocates Act, Advocate not lo appear in
1961 (No. 25 of 1961) no Advocate shall appear before a Revenue Officer
proceedings under ..ction
under any proceeding under section I 70-A or I 70-B without the permissiom
of such officer : 17~A or 170-B without
permission.
, Provided that· if permission is granted to one party not belonging to a

member of a tribe which, has · been declared to be an aboriginal
tribe under sub-section (6) of section 165, simila1; assistance shall
_always. b; provided to the_ other parfy belonging to such tribe at
the cost or. and through legal aid agency.
170-D •.. Notwfthstanding ·anything. coMain,;d in this Cede, no second

Second. appeal_ibarred.
appeal shall he agamst the orders passed on or after the 24th October 1983 ·
1mder section 170-A and section 170-B.J• . .
171.. A Bhumiswami of land held for the purpose of agriculture is enti- Right to inake)improvement,
tle~. to make any improvement thereon for the better cultivation of the land.
or its more convenient use for the purpose aforesaid.
-4. J. Sub11., in its applfcation to 'Scheduled Area"!, _by CfoZ..erninent' of 1-fadhya Pradesh, Revenue
Department's Notification F. No. l-70-VII-N-2-83, dated the 5th January, 1984, issued by
the Governor of Madhya Pradesh under sub-paragraph (I) of paragraph 5 of the Fifth
Schedule to the Constitution of India, published jn tht; rvt:adhya Pradesh.Rfi:ipatra (Asa<lh,1-
ran), dated the 6thjanuary. 1984, pages 23-29,
2. Ins., ibid.
Di version of Land. 172. (1) [If a Bhumiswami of land held for any purpose in-
(i) urban area or within a radius of five miles from the outer
limits of such area;
(ii) a village with a population of two thousand or above
according to last census; or
(iii) in such other areas as the State Government may, by
notification, specify;
wishes to divert his holding or any part thereof to any other purpose except
agrieulture,] 1 he shall apply for permission to the Sub-Divisional Officer
who may, subject to the provisions of this section and to rules made under
this Code, refuse permission or grant it on such conditions as he may think
fit ;
Provided that should the Sub-Divisional Officer neglect or omit for three
months after the receipt of an application under sub-section (l) to make and
deliver to the applicant an order of permission 01 refusal in respect thereof, and
the applicant has by written communkation called the attention of the Sub-
Divisional Officer to the omission or neglect, and such omission or neglect
continues for a further period of six months, the Sub-Divisional Officer shall
be deemed to have granted the permission without any condition.
(2) Permission to divert may be refused by the Sub-Divisional Officr

only on the ground that the diversion is likely to cause a public nuisance, or
the Bhumiswami is unable or unwilling to comply with the conditions that
may be imposed under sub-section (3).
(3\ Conditions may be imposed on diversion for the following OQjec!s
and no others, namely, in order to secure the public health, safety and conveni-
ence, and in the case of land which is to be used as building sites, in order :o
secure in addition that the dimensions, arrangement and accessibility of the
sites are adequate for the health and convenience of occupiers or are suitable
to the locality. .
(4) If any land has bteen diverted without permission by the Bhumiswami
or by any other person with or without the consent of the Bhumiswami the
Sub-Divisional Officer on receiving information thereof, may impose on the
person responsible for the diversion a penalty not exceeding two hundred rupee~,
and may proceed in accordance with the provisions of sub-section (I) as if
an application for permission to divert had been made.
(5) If any ]and has been diverted in contravention of an order passed

or of a condition imposed under any of the fore going sub-sections, the Sub-
Divisional Officer may serve a notice on the person responsible for such con-
travention, directing him, within a reasonable period to be stated in the notice,
to use the land for its original purpose or to observe the condition; and such
notice may require such person to remove any structure, to fill up any excavation,
or to take such other steps as may be required in order that the land may be
used for its original purpose, or that the condition may be satisfied. The Sub-
Divisional Officer may also impose on such person a penalty not exceeding
two hundred rupees for such contravention, and a further penalty not exceeding
twenty rupees for each day during which such contravention is persisted in.
(6) If any person served with the notice under sub-section (5) fails within
the period stated in the notice to take the steps ordered by the Sub-Divisional
Officer under that sub-section, the Sub-Divisional Officer may himself take
such steps or cause them to be taken; and any cost incurred in so doing shall
be recoverable from such person as if it were an arrear of land revenue.
Es:planation.-Diversion i~ this section means using land assessed to one 1

purpose under section 59 to any other purpose mentioned therein but using land
for the purpose of agriculture where it is assessed with reference to any other
purpose shall not be deemed to be diversion.
I. Subs. by M, P. Act 25 of 1964, S .19(i).

[(6-a) If any land has been diverted in contravention of sub-section

..., (6-et) of section 165, the Sub-Divisional Officer in addition to taking action laid
down in sub-sections (5) and (6), shall also impose a penalty not exceeding five
thousand rupees for such contravention and a further penalty not exceeding one
hundred rupee3 for each day during which such contravention is persisted in.] 1
[(7) Where after having been assessed for agriculture, any land situated
in urban area is kept follow for a continuous period of two years, it shall,
notwithstanding anything contained in this Code, be deemed to have been
diverted to a non-agricultural purpose and shall be reassessed accordingly :
Provided that no action shall be taken under this sub-section unless the
person affected thereby is given a reasonable opportunity of being heard]. 1
173. Subject to rules made under this Code, a Bhumiswami may Re!inqui,hments.
relinquish his rights, that is, resign them in favour of the State Government,
!mt subject to any rights, tenures, encumbrances or eq'uities lawfully subsistin!l'
in favour of any person, other than the State Government or the Bhumiswam1,
by giving notice in writing to the Tahsildar not less than thirty days before the
date of commencement of the agricultural year and thereupon he shall cease
to be a Bhumiswami from the agricultural year next following such date of such
order. In case of the relinquishment of only a part of the holding the Tahsildar
shall apoortion the assessment of the holding in accordance with the rules made
under this Code :
Provided that the relinquishment of a holding or any part of a holding,

which is subject to an encumbrance or a charge, shall not be valid.
174. If any sub-division of a survey number or plot number is relinquished

Disposal of rclinq uisJ,cd
under section 173, the Tahsildar shall offer the rights to occupy such sub-division
at such premium as he thinks fit to the Bhumiswami of the other sub-sdivisions 1mb-di-.ision.
of the same survey number or plot number and if there be competition among
such Bhumiswamis he shall sell such right to the highest bidder amongst them.
175. If any person relinquishes his rights to land, the way to which lies
Right of way to :relinq11ished
through other land retained by him any, future holder of the land relinquished
land.
ahall be entitled to a right of way through the land retained.
176. (!) If a Bhumiswami ceases to cultivate his holding for two years
either by himself or by some other person, does not pay land revenue and has Abandonment or holding.
left the village in which he usually resides, the [Tahsilder]" may, after such
enquiry as he may deem necessary , take possession of the land comprising the
holding and arrange for its cultivation by letting it out on behalf of the Bhumi-
swami for a period of one agricultural year at a time.
(2) Where the Bhumiswami or any other person ]awfully entitled to tho
land claims it within a period of three years from the commencement of the
agricultural year next following the date on which the [Tahsildar] 1 took possession
of the lacd, ;t shall be restored to him 0:1 payment of the dues, if any, and on
such terms ac1d conditions as the [Tahsildar]" may think fit.
(3) Whe,e no claim is preferred under sub-section (2) or if a claim i1

preferred and disallowed. the [Tahsildar1I shall make an order declarb-1g the
holding aba'ldO:'led a'ld the holdi'lg shall vest absolutely in the State Government,
from such date as may be specified in that behalf in the order.
(4) Where a holding is declared abandoned under sub-section (3), the

liabilitv of the Bhumiswami for the arrears of revenue due from him in respect
thereof shall stand discharged;
I. Ins., in its application to Scheduled Areas, by Government of Madhya Pradesh, Revenue

Department's Notification F. No. 37-4-VII-N-Il-84, dated the 4th June, 1984 is,ued by the
Governor of Madhva Pra~e,h. under sub-paragraph (I) of Paragraph 5 of !~e Fiftla
Schednle to the Constitution of India, published in the Madhya Pr,..i..h Rajpall'a
(Asadharan) dated the 7th June, 1984, pages 1621-22.
3. Subs.by M. P. Act U ofl%1, S.6 for "Collci:tor".

182 THE MAiDHYA PRADESH LAND REVFNuE CODE, 1959
Disposal of holding,,
177 . . (l) If a Bhumiswami whose land l1as been assessed for the pur-
P?se o~ agriculture un~er section 59, _er who b.olds land for dwelling purposes,
dies, w1tho1;1t ~nown h~irs, the [Tahs,!darJ 1 shall take possession of his land and
may lease 1t ror a pcnod of one year at a time.
, _ (2) If within three years of the date on which the [TahsildarJ 1 takes
posses~10,~ of the land any claimant applies for the holding being restored to him,
~he [1ah,~ldar] 1 may, after such enquiry as he thinks fit, place such claimant
m possess10n of the land or reject his claim.
. (3) The order of the [TahsildarJ 1 passed unde1 sub-section (2) shalll
not be s_ub1ect to appea_l o: revision but any person whose claim is rejected under
sub-sect10n (2J may, w1thm one year from the date of the communication of the
order of the [Tahsildar] 1 file a civil suit to establish his title, and if such suit is
filed, the [Tahsildar] 1 shall continue to lease out the land as provided in sub-
section (1) till the decision of the suit.
• (4) If no claimant appears within th1ee years from the date on

which the [Tahsildar] 1 took possession of the land or if a claimant whose claim
has been rejt"cted under sub-section (2) does not file a suit within one year as
provided in sub-section (3), the [TahsildarJ 1 may sell the deceased Bhumiswami's
right in the holding by auction.
(5) Notwithstanding anything contained in any !awf or the time

being in force a claimant who establishes his title in land which has been dealt
with in accordance with the provisions of this section, shall be entitled only to tht
rents payable under sub-section (1) and the sale proceeds realized under sub-
section (4) less all sums due on the holding 0;·1 account of land revenue and the
expemses of management and sale.
Partition of holding. 178. (1) If in any holding, which has been assessed for pu1 pose of
agriculture under section 59, there are more than one Bhumiswami any such
Bhumiswami may apply to a Tahs'ldar for a partition of his share in the holding:
[Provided that if any qu<"stion of title is raised the Tahsildar shall stay !
the proceeding before him for a period of three months to facilitate the institu-
tion of a civil suit for determination of the question of title.]2
[(1-A) If a civil suit is filed within the period specified in tl·e proviso to
rub-section (] ), and stay 01der is obtained from the civil court, the
Tahsildar shall stay his proceedings pending the d<"cision of the civil court.
ff no civil suit is filed within the said period, l1e shall vacate the ~tay_ order
and proceed to partition the holding in accordance with the entries IIl the
record of rights.]"
(2) The Talisildar, may, after hearing the co-tenure holders, divide
the holding and apportion the assessment of the holding in accordance with the
rules made under this Code.
[(3) * * * * * ]'
[(4) * * * * * ]•
(5) * * * * * ]'
· Explanation 1.-.c.For purposes of thh section anv co-sharer of the hold-
ing of a Bhumiswami who has obtained a declaration of his title in such holding
from a competent Civil Court shall be deemed to be a co-tenure holder of such
holding.
[Explanation n.-- * •
l. Subs. by M. P. Act 24 of 1961, S.12,for "Sub-Divisional Officerp.
!, 5ubs. by M. P. Act 18 of 1976, S.2(i).
S. Int. by S.2(ii), ibid.
4. Omitted by M. P. Act 25 of 196+, S.ZO.
...
179. (1) Subject to the provisions of sections 240 and 241 all trees Rights to trecsinholding.
standing in the holding of a Bhumiswarni shall belong to him.
(2) Nothing in sub-section (I) shall aflect any right in trees in the
holding of a Bhumiswami in favour of any person existing on the date of the
coming into force of this Code, but the Bhumiswami may apply to the Tahsildar
to fix the value of such right and purchase the right through the Tahsildar in
such manner as may be prescribed.
180. (!) The transfer by a Bhumiswami of any trees standing in any Restriction oa lr<lD•fer of trees.
land comprised in his holding exce1 t the produce of such tiees shall be void
unless the land itself is tramfened.
(2) Trees standing in any land comprised in the holding of a Bbu-

miswami shall not be attached or sold in execution of a decree or order of a
Civil Court or under aa order of a Revenue Officer or under an order made
unless the in pursuance of any provisions of any law for the time being in force
land itself is attached or sold.
CHAPTER XIII
Government Lessees and Service Land
181. (!) Every person who holds land from the State Government Government te...es.
or to whom a right to occupy land is granted by the State Government or to
Collector and who is not entitled to hold land as a Bhurniswami shall be called
a Gov,;rnment lessee in respect of such land.
(2) Every person who at the coming into force of this Code-
(a) holds any land in the Madhya Bharat region as an ordi-

nary tenant as defined in the Madhya Bharat Land
Revenue and Tenancy Act, Samvat 2007 (66 of 1950); or
(b) holds any land in the Vindhya Pradesh region as a special

tenant as defined in the Vindhya Pradesh Land Revenue
and Tenancy Act, 1953 (III of !955), or as a gair haqdar
tc'nant any grove or tank or land which has been acquired
or which is required for Government or public purposes; or
(c) holds any land from the State Government in the Sironj
region as a gair khatedar tenant as defined in the
Rajasthan Tenancy Act, 1955 (3 of 1955);
,hall be deemed to be a Government lessee in respect of
such land.
[(3) * * * * ,. l1
182. (!) A Government lessee shall, subject to any express provisions

Rights and liabilitieB
in thi~ Code, hold his land in accordance with the terms and conditions of the
of a Government lC1see.
grant, which shall be deemed to be a grant within the meaning of the Govern-
ment Grants Act, 1895 (XV of 1895).
(2) A Government lessee may be ej..-cted from his land by order ofa
Revenue Officer on one or more of the following grounds, namely:-
(i) that he has failed to pay the rent for a period of three months
from the date on which it became due; or
(ii) that he has used sud1 land for purposes other than for
which it wa'.I granted; or
(iii) that the term of his lease has expired; o,:
(iv) that he has contravened any of the terms and eonditions

of the grant :
I. Omitced l:)y M. P. 25 of 196½, S.21.

THE MAll>HYA PRADESH LAND REVENUE CODE, 1959
Provided that no order for ejectment of a Government lessee under this

sub-s~ction shall be passed without giving him an opportunity of being heard ~
m his defence.
Service Land 183. (I)Any person holding land on the condition of rendering service
if he diverts such land
as village servant shall cease to be entitled to such land
to non-agricultural purpose\,
(2) A transac1ion by which " village servant attempts to transfer his

interest in his service land by sale, gift, mortgage, sub-lease or otherwise except
by a sub-lease for a period not exceeding one year, shall be void.
(3) If the holder of such land dies, resigns or is lawfully dismissed,

the land shall pass to his successor in office.
(4) The right of the holder in such land shall not be attached or
sold in execution of a decree nor shall a receiver be appointed to manage
such land under section 51 of the Code of Civil Procedure, 1908 (V of 1908).
Disposal of ,ervice land in Sironj 184. If the Collector declares that the services rendered by a village
Region when service.s no longer servant in any village in the Sironj region are no longer required, such village
required, servant shal! become a Bhumiswami in respect of his service land and be liable
to pay land r.-venue accordingly.
CHAPTER-XIV
Occupancy Tenant■
Occupancy TeBanlll. 185. (I) Every person who at the coming into force of this Code holds-
(i) m the Mahakoshal region-
(a) any land, which before th· coming into force of the
Madhya Pradesh Land-Revenue Code, 1954 (II of 1955),
was malik-makbuza and of which such person had been
recorded as an absolute occupancy tenant; or ·•
(b) any land as an occupancy tenant as defined in the

MadhyaPrade.sh Land Revenue Code, 1954 (II ofl955); or
(c) any land as an ordinary tenant as defined in the Madhya

Pradesh Land Revenue Codi-, 1954 (II of 1955); or
(ii} in the Madhya Bharat 1egion-
(a) any Inam land as a tenant, or as a sub-tenant or as an

ordinary tenant; or
Explanation.- The expression 'Inam land' shall have the same

meaning as assigned to it in the Madhya Bharat Muafi and Inam Tenants and
Sub-Tenants Protection Act, 1954 (32 of 1954).
(i) any land as ryotwari sub-lesseee as defined in the Madhya

Bharat Ryotwari Sub-Lessees Protection Act, 1955 (29 of
1955); or
(c) any Jagir land as defined in the Madhya Bharat Abolition
of Jagirs Act, 1951 (28 of 1951), as a sub-tenant or as
a tenant of & sub-tenant; or
(d) any land of a proprietor as defined in the Madhya Bharat

Zamindari Abolition Act, 1951 (13 of 1951), as a sub-
tenant or as & tenant of a sub-tenant;
{ix) in the Vindhya Pradesh Region any land as a sub-tenant of a

pachpan paintalis tenant, pattedar tenant, grove holder Qr
l10lder of a tank: as defined in the Vindhya Praded1 Land
Revenue and Tenancy Act, 1953 (III of 1955) ; or
(iv) m the Bhopal region-

(a) any land as a sub-tenant as defined in the Bhopal State Sub-
tenants Protection Act, 1952 (VII of 1953) ; or
(b) any land as a shikmi frcm an occupant as defined in the Bhopal

State Land Revenue Act, 1932 (IV of 1932); or
(v) in the Sironj region-

(a) any land as a sub-tenant of a khatedar tenant or grove holder
as defined in the Rajasthan Tenancy Act, 1955 (3 of 1955); or
(b) any land as a sub-tenant or tenant of Klmdkasht as defined in

the Rajasthan Tenancy Act, 1955 (3 of 1955);
shall be called an occupancy tenant and shall have aJl the rights and be sub-
ject to all the liabilities conferred or imposed upon an occupancy tenant by or
under this Code.
(2) Whc1e any land rtferred to in items (c) or (d) of clause (ii) of subc
section (I) is at the time of coming into force of this Code, in actual possc-
ss10n of a tenant of a sub-tenant, then such ter,,,nt and not the sub-tenant
shall be deemed to be the occupancy tenant of such land.
(3) Nothing in sub-section (I) shall apply to a person who at the

coming into force of this Code, holds the land frcm a Bhumiswami who be-
longs to any one or more of the- classes mentioned in sub-section (2) of section
168.
(4) NothiJ1g in this section shall affect the rights of a sub-tenant of

tenant of a sub-tenant belonging to any of the categories ,recificd in items
(c) and (d) of clause (ii) of sub-section (1) to acqv.ire tbe rights of a pakka
(
tenant in accordance with the provisions of the Madhya Bhi•rat Abolition
of Jagirs Act, 1951 (28 of 1951), orof the Madhya Bharat Zamindari Aboli-
tion Act, 1951 (13 of 1951), as the case may be.
1 [186. Kotwithstanding any agreement er mage er ~,ny decree or Maximum rent.

order of a court or any Jaw 10 the contrary, the maximum rent payable by an
occurancy tenant in respect of the land held by him shall not exceed-
(a) in the case of any class of irrigated land- four times

the land revenue assessed on such land;
(b) in case of bandh ]and in the VindJ-.va Pradesh

region- three times the land revenue asses;ed on mch
lard; and
(c) in any other case- two times tl:se land revenue assessed :
[ Provided tliat where such Jard is excn:pt frcrn p2yn:ent of land revenue
under section 58-A; the m2xinc1,m rent aforesaid shall be reduced bv the amount
o.f land revenue so exempted under the said section. ]2 '
Eli'pfanatien,- Vihere env )2.nd has not been assessed to 12.nd revenue,
the multiples aforesaid shall be' calculated on the basis of the land rr:venu11
assessable on such land.]
187. f(l) Where an occupwcy tenant pays his rent in kind, in. terms Commutation.
of service, Jabour, crop share or a specified quantity of grain, he way: apply
to the Sub-Divisional Officer for ccrrmuting the same into cash.] 3
2. Subs. by M. P. Act 5 of 1969, S.3.
3. Subs. by M. P. Act 24 of 1961, S.13.
. . . (2J On receipt of an application under sub-section (l), the Sub-Divi- •

51onal Ofn~er shall after_holding an enquiry commute by an order in writing
sue!) rcrit mto cash, which shall not exceed the max.imum rent laid down 'in
section 186.
Rent.
188. (!) The rent payable by an occpancy tenant shall, as from the
~ommencement of the agricultural year next following the date of the coming
lI'tO force of this Code, be the maximum rent laid down ;n section !86 or in
the rent agreed upon between de tenant and his Bhumiswami is less than the
maximum rent, then such agreed rent :
[Provided that where the agreed rent is payable in kind, the tenant
shall be liable to pay, until such rent is commuted into cash under section 187
the maximum rent laid down in section 186.]1
(2) Every occupancy tenant shall pay the rent to his Bhumiswami
on or bcfo.re such. date as may be prescribed in that behalf.
Resumption by Bhumlswami in 189. (1) A Bhumiswami whose land is held by an occupancy tenant
certain_cases.
[belonging to any of the categories specified in sub-section (l) of section 185,
except in items (a) and (b) of clause (i) thereof]• may, if the area of land
under his personal cultivation is below twen ty-f'ive acres of unirrigate~ la~d,
wi~in one year of the coming into force of this Code, make an. application
to the Sub-Divisional Officer for resumption of land held by his occupancy
tenant for his personal cultivation.
(2) On r"ceipt of the application, the Sub-J?ivisional Officer shall,

after hearing the parties and making such further enqmry as may be necessary
decide the application :
Provided that the right of resumption shall be limitt~ to_ the area whic~
together with the area already under the per~on~l cultivation of the Bhum1-
swa:mi shall not exceed tewnty-five acres of umrngated land : )
Provided forther that no resumption shall be allowed so as to reduce the

total area of land in possession of the occupancy tenant below:
(i) twenty-five acres of unirrigatcd land if the occupancy tenant has

bee,i holding such land from a Bhumiswami not belonging to
any of the classes mentioned in sub-section (2) of section 168,
for more than five years prior to the coming into force of this
Code:
(ii) te•1 acres in any other case.
(3) Where under an order passed under sub-section /2) the Bhumi-
swami is allowed to resume a part of the land held by the occupancy tenant
from such Bhumiswami, the Sub-Divisional Officer shall select and dE?marcate
the land allowed to be resumed in accordance with sueh rules as may be made
in that behalf. The resumption shall be allowed only if the Bhumiswami
agrees, to pay the occupancy tenant such compensation as the Sub-Divisional
Officer may, after hearing the parties, fix for the improvement effected by the
occupancy tenant for the land allowed to be resumed by the Bhumiswami.
The Sub-Divisional Officer shall also in such a case fix the rent in the pre-
scribed manner in respect of the land left with the occupany tenant.
(4) Every order allowing resumption shall take effect from ti:- e agn-
cultural year next following the date of the ordc:- and the tenancy of the occu- :..
pancy tenant in respect of the land resumed sha!I ~tand terminated.
I. Added by M. P. Act 24 of 1961, S. 14. ibid.

2. Subs. by S. 15, ibid for "other thrm an occupancy tenant belonging_ to any of the
categories :specified in items (a) and (b) of clause (i) of sub-section (I) of section 185".
[I'HE MADHYA PRADESH LAND REVENUE CODE. 1959 287
Explanation. - For the purpose of this seclion
(1) the land under the personal cultivat,on of Lh11rniswami shall

include-
(a) ally land transferred by him by .sale or otherwise on or

after the 1st January 1959; and
(b) any land allowed by him to lie follow.
(2) One acre of irrigated land shall be deemed to be equal to

two acres of unirrigated land and vice versa.
190. [ (I) Where a Bhumiswami whose land is held by an occupancy Conferral of Bhumiswami
righll on occupancy tcnanll.
tenant belonging to any of the categories specified in sub-section (I) of section
185 except in items (a) and (b) of clause (i) thereoffails to 1nake an application
under sub-section (l) of section 189 within the period laid down therein, the
rights of a Bhumiswami shall accrue to the occupancy tenant in respect of the
land held by him from such Bhumiswami with effect from the commencement
of the agricultural year next following the expiry of the aforesaid period. ]1
(2) Where an application is made by a Bhumiswami in acco_rdanc~

with the provision of sub-section (I) of section 189, the rights of a Bhum1swam1
shall accrue to the occupancy tenant in respect of the laud remaining with him
after resumption if any allowed to the Bhumiswami with effect from the comme-
ncement of the agricultural year next following the date on which the appli-
cation is finally dispo.ied of.
[(2-A) Where the land of a Bhumiswami is held by an occupancy

tenant other than an occupancy tenant referred to in sub-section (!), the rights
of a Bhumiswami shall accrue to the occupancy tenant in respect of such land-
(a) in the case of occupancy tenants of the categodes s:,ecifkd

in items (a) and (b) of clause (i) of sub-section (1) of
section 185, with effect from the commencement of the
agricultural year next following the commencement of
tho Principal Act;
(b) in any other case, with effect f1 om the ccawmencemc11 t

of the agricultural year :.ext followinc'; the date on
which the rights of an occupancy te:-a,it accrue to
such tenant]l
(31 Where the rights of a Bhumiswami accrue to an occupancy tenant

under sub-section (1), [sub-section (2) or sub-section (2-A) ]3 such occupancy
tenant shall be liable to pay to his Bhumiswami compensation equal to fifteen
times the land revenue payable in respect of th,, land in five equal annual
instalments, each ;mtalment being payable ort the date on which the rent pay-
able under section 188 for the corresponding year falls due, and if default is
made in payment, it shall be recoverable as an arrear of land revenue :
Provided that if from any cause the land, revenue is suspended or remitted
in whole or in part in any area in any year, the annual instalment of compen-
sation payable by an occupancy tenant holdiag kmd in such area in respect of
that year shall be suspended and shall become payable one year after the
last of the remaining instalments'.
(4) Any occupancy tenant may at his option pay the entire amount
of compensation in a lump sum, and where an occupancy tenant exerdse this
optio,, he shall be entitled to a rebate at the rate of ten per cent.
I. Subs. by M. P. Act 24 of 1961, S. 16(i).

2. Added, by, S. 16 (iil ibid.
3. Subs. by S, 16(iii), ibid for ''or sub-section (2)",
288 THE MADHYA PRADESH LAND REVENUE CODE 1959
... I . . . . ·• .. . . ·••· ·. . ~ ~>.•'
. , (5). The amount of compensation, whether paid ir. lump sum or _,
1n ann_ual instalments, shall be deposited in such manner and form as may be
prescr'.bed by the occupancy tenant with the [TahsilarJ, 1 for payment to the
Bhum1swam1.
(6) Where the rights of a Bhumiswami in any land accrue to an

occupancy tenant Under this section, lie shall be liable to pay the land revenue
payable by the Bhumiswami in respect of such land with effect from the date
of accrual of such rights.
Restoration of occupancy 191. [(!) If the Bhumiswami in whose favour an order of resvmption
tenant_
is passed µncler subcsection (2) of section.189 fails to cultivate such land person-
ally durmg the agricultural yecr next following the date on which the ordFr
is passed, the occupancy tenant may, within such time as may be prescribed,
make ,an. applicati\>n to the Sub-Divisional Officer for resforafron of such land
to him:
. Provided .that.the,.occupanty tenant slialI. 11ot be entitled to. make ,the

application if 4e in "!ny way, obstruct:, .the Bhumisw,mu i)1 taking possession•:of
or cultivating. such land•. ] 2
. ', .. , '
(2) On reccip t of the application, the Suh-Divisional Offic~r !llay,

.after ~iv-i1,1g to the Bh11rrµpwami sin orp?rtunity o( being heard and making
such f1;1i:t4er enquiry as:inay be dce1:11ed. necessary,-pass a.1; order. restopng
posses5;1on o{A1e land. in . gue.stion to; the. Ofc\1pa11~y ,tenant, .a_nd where such
order 1s passtid, th~ occt1pancy tenant shal~ be pk;ced in possession of the Ja.n.d
at the commencemento(the agricultu'.ral ye!lr next fol!owing th.e d<1te .· of the
order and the.rights ofBhumiswami shall then accrue to him and the provi-
sions ·of section 190 except sub-section (2) thereof shall apply accordingly.
. (3) ttthereis any dispute regarding the rent payable for the land
restorethmdcr sub-section (2), it shall be decided by the Sub-Divisi<JMtl Officer.
(4) vVhere any land is restored to an occupancy ten.:nt under sub-

s<'ction, (2).,. th.c Bhinniswami against ·'>l'hom restmation is ordered, shaJl for
ever be debarreq f;qm claiming resumption of ,my , forid of such occupancy
tenant under se(:tion 189:-:
Devolution of rights of occu~ {92. [ The inters{ of an occunmiev tena!lt in. his holdir:ll sha!L on his
pancy tenants death 1 pass by inheritance or survi{'or~.h-fp :ir1 accon~-2,.nce v·ith his personal
law.]3
Termination of tfnancy. 19~. (1) The tenancy of an occup2ncy ter:rnt .in his holding sh.JI be
liable 'to termination by an order of the Sub-Divisional Officer rn2.dc on any
of the following grounds, namely.-·--
(a) he has failed to pay on or bcforethe due date in any
agricultural year the rent of such land for that year; or
(b) he has done any act whic.h is destructive or pennan-

ently injurious to the land; or
(c) ·he bas used such land for a pt1rpose otl1er than ag;icult~
ure;·or
(d) he has transfer1\!<l his interest in the land in contraven-
tion of section .i95.
· (2} No:order,for tlie termirrati-01i of hisrighrs ii1 theil2!;4 on ·the':grct1i 1~

specifiea:J::in~clallse ,(a) -0fsub;,section (1) 'shdll be passed: ..-;nless tl,e'Sub-Dtvisi o,-,;;!
Officer has by notice calle,d upon the occupan~y •tenii11t-'tt>: t€nder. the··rcl:Jif d'tle
to~;·cther with cost of procceedings within such period as may be specified by
th<', SAh-Divisi~ Qfrj(:er iµ. ?thot::n,o.t,ic:, ;,ti:tc\ ihe Je!l;a11t ha,' faikd to deposit
;he required amountwithin the said ~J·iotj ..
I, Subs. by M. P. Act 24 of IS61, S. 7, for "Revenue Officer".

2. Subs by S .17, ibid.
3. Subs. by M. P. Act 38 of 1961, S.4,
THE MADHYA PRADESH LAND REVENUE CODE. ~1919
(3) No proceedings on the grom1d specified in clause (b)ofsub-sec-

~ tion(l) shall lie unless the Bhumiswami of such land has ~erved _o1: the occup~ncy
tenant a notice in writing specifying the act of destruction or mJury complamed
of and the tenant has failed within a period of six months from the date of
service of notice or within such further period as the Sub-Divisional Officer
may grant to restore the land to the condition in which it was before such
destruction or i~jury. ·
Provisions applicable to OCCll-
194. (1) The following provisions shall be applicable in the case of pancy tenant whose t,:nancy
every occupancy tenant whose tenancy is terminated, namely:- is terminated.
(a) if the occupancy tenant has, before the date of terminli\·

tion, sown or planted crops in any land comprise in the
holding he shall be entiled, at the option of the BhlU'lli
swami of such land, either to retain possession of such
land and to use it for the purpose of tending and
gathering in the crops, or to xeceive from the Bhumi-
swami of such land, the value of the labour and capital
expended by him in preparing such land and sowin_g,
planting and tending such crops, together with resonable
interest thereon;
(b} if the occupancy tenant has, before the date of termina-

tion prepared for sowing any land comprised in his
holdir;g, but has not sown or planted crops thereon, he
shall be entitled to receive from the Bhumiswami of such
land the value of the !aboUr and capital expended by
him in preparing such land together with reasonable
interest thereon .,
P1·ovided that- '' ..-.,)
(i) an occupancy tenant shall not be entitled to retain
his land or receive any sum in respect thereof m:der
this section if, after the commencement of proceed-
ings by th(' Bhumiswami of such land for termina-
tion, he has cultivated or prepared such land
contrary to local usage;
(ii) the rent, if any," payable to the Bhumiswami of SU~

)and by the occupancy tenant at thi: time 6(.teIJn•
mation may be set off against any sum payable 'io
the occupancy tenant .under this_ sertion;
(c) if the occupancy tenant has, before the' date of termina-

:ion,_ effect~d any improvement on . any land. comprised
in his h old,ng, he shall be entitled· to receive from the
Bhcmiswami of mch land such compensation for it as
the Re:enue Officer may, after hearing the parties,
determme.
(¥) The Rev~nue Officer terminating the tenancy ~hall determine

the amount if apy, payable under sub-section (1).
\95. (I) No occupancy tenant shall be entitled to transfer bv -way of Occupancy tenant's :-rights of
sfe, gift, modgage, sub-least" or_ otherwise his right in the land or any' portion transfer.
t erepf, balnd every_ such_ sale, gift, mortgage; sub-lease or other transfer shall
b e voi:.1a e, as ·provid~d H-i section 197 :
Provide~ that a sub-lease inay be granted by or on .behalf of an occu-

pan;y tenant 1f such person belongs to anv of the categories mentioned · 1·n · b-
section (2) of section 168. · su
· Explanation .. - por _the purposes of this section tl-,e expression 'sub-lease'

f;,~H be construed as havmg the same meaning as assigned to 'lease' in section
TfiB .~DHYA PRADESH LAND REVENUE .CODE, J959
(2) Nothing in sub-section (1) shall prevent an occupancy tenant

from transferring his holding or any part thereof bv sa!e or gift to any co-tm·
·,mt or any person who, if he survived the tenant without nearer heirs, wol\Id
inhe1it the holding.
, . (3) Nothing in th;s section shall prevent an occupancy tenant from

tr~sferrmg any right in his land to secure- payment ol; or shall affect the right
of the State Government to sell such right for the recovery of an advance made
to him under the Land Imorovement Loans Act 1883 (XIX of 1883) or the
· Agriculturists, Loans Act. 1884 (XII of 1884). ' '
(4) Nothing in this section shall prtvent an occupancy tenant from

tran~ferring any right in his holding to secure payment of an advance made
. to him by a co-operative society or shall affect the right of such society to sell
· such right for the recovery of such advance.
. ' .
· (5) Except in persuance of a transfer permitted under any of the fore-
,Ogoi~g provisions, or in the case of procee-dings for recovery of arrears of any
· amiual instalment of compensation, no decree o, order shall be, passed for the
sale of the interest of an occupancy tenant in his hdding nor shall mcl1 interest
be attached or sold in execution of any decree or order nor shall a receiver be
appointed to manage such holding under section 51 of the Code of Civil Pro-
cedure, I 908 (V of I 908), nor shall such interest vest in the Court or in a
receiver under the Provincial Insolvency Act, 1920 (V of 1920).
Right of occupancy tenant 196. An occupancy tenant of land h'eld for the purpose of agriculture is
to make improvement. · ent~tled. to make any _im]:'rowm~nt therfon for th~ ?etter cultivation of the
'land or Its more convenient use for the purpose aforesaid.
Right of certain person to 197. (I) If an occupancy tenant transfers his rights in his holding
apply to set aside transfers by or any portion thereof in contravention of section 195, any co-tenant or any
occpupancy tenants. person who, if he survived the tenant without nearer heirs, would inherit
the holding or the Bhumiwsami of whom such person holds the land, may
apply to the Sub-Divisional Officer to be placed in possession and the Sub-
. Divisional Officer, may in accordance with the rules made under sec_tio:1
'258 place the applicant in possession subject to his acceptance of the habi- >
lities of the occupancy tenant for arrears of rent and for advance
for necessary expenses of cultivation.
(2) Where more persons than one apply under sub-section (I),
the;: shall be enti tied to be placed in possession in the following order of
priotity:-
(i) any person who if he survived the tenant would inherit tht·
holding;
(ii) co-tenant; and
(iii) Bhumiswami of whom the occupancy tenant holds the land.
Surrcadcr. 198. (I) Any occupancy tenant may, by executing in favour of th.e
Bhumiswami not Jess than thirty days before the commencement of the agrl•
cultural year a registered document, surrender his rights and there upon he
shall cese to be an occupancy tenant from the agricultutal year next following
such date. No surrender shall be valid unless effected by a registered instru-
ment.
(2i Notwithstanding anything to the contrary in the Indian StamJ.?s

Act, ]899 (II of 1899;, or the Indian Registration Act, 1908 (XVI of 19081,
instruments of surrender executed by occupancy tenants in pursuance of the
_provisions of this section, shall be exempted from payment of stamp dnty and
. registrration fee:- chargeable thereon. +-
(3j On a surrender being executed under sub-section (I), a Bh u~-
swam, shall bF- entitled to take possession of )and only to the extent of hrs
right of resumption ur.der section 189 and the excess .land, if any, shall vest
THE MADHYA PRADESH LAND REVENUE CODE. 1951}'
in the State Government and the Bl,.mniswami shall bt paid compensation

for such excess land, which shall be equal to two times the rent payable there-
for unde1 section i 88.
(4) Where any land vests in the State Government under sub-sec-
tion (3), the Bhumiswami shall specify such land within the prescribed pe:iod
and in the prescribed manner and on his failure to do so within such period,
such land shall be specified by the Sub-Divisional Officer. .
(5) After such land has been specified in acccrc.:.&nce with the rr<,vi-
sions of sub-section (4), the Sub-Divisional Officer shall demarcate it in accor-
dance with such rules as may be made in that behalf and also fix the .land
revenue in ~espect of land restimed by the Bhumiswami.
199. Every Bhumiswami shall give a written receipt for the amount Receipt.
of rent at the time when such amount is received by him .in respect of any
land in such form and in such manner as may be prescribed.
200. If any Bhumiswami fails to give a receipt as required by section Penalty fo, failure to give
J99 or receives by way of rc:1t any amount in excess of the rent payable under receipt or for excess recovery.
this Code, he shall, 011 the application of the occupancy tenant be liable by an
order of the Tahsildar to refund the excess amount recovered and to pay as
penalty a sum not exceeding two hundred rupees, or, if double the amount
of the total rent recovered exceeds two hundred rupees. not exceeding twice
such amount and the Tahsildar may direct that the whole or part of such
sum shall be adjusted towards the amount of compensation payable by the
occupancy tenant.
201. (1) If from any cause the payment of the whole or any part of Remission and l!tll!pension of
the land reve,me payable in respect of any land is remitted or suspended, rent consequent on like treat•
the Collector may, by general or special order, remit or suspend, as the case- ment of land revenue.
may be, the payment of the rent, of such land, to an amount which would bear
the same proportion to the whole of the rent payable in respect of the land as
the Jarid revenue of which the payment has been remitted or suspended, ~ears
to the whole of the land revenu,- payable in respect thereof, and may distribute
the amount so remitted or suspended amongst the occupancy tenants holding
such land in such manner as may seem to him to be equitable having regard
to the effect on their holdings of the cause which has led to the remission or
suspension of the Jarid revenue.
(2) If the payment of rent has been suspended, the period of sus-
pens~on shaU be exduded in the computation of the period of limitation pres-
cribed for the" recovery of such rent.
(3) The provisions of suhsections (!)and (2) shall apply to land of

which the land revenue has been: wh'oI!y or in part released, compounded for
or redeemed, in any case in which if the land revenue in respect of the land
:had not been released, compounded for or redeemed, the whole or any part of
it might in the opinion of th" Collector, have been remitted or suspended.
202. (l) If ary pe,·son who immediately before the coming into force Rein•tatunent d w~
of thiS' <;:ode held laud in• any region in ary of the capacities mer>tioned in ejected OCCllJ>"'1CJ te11ana.
section 185, has been eiected or dispossessed of any land held by him during
the thref' years immediately preceeding the cominis into force of this Code,
otherwise than by pro-::ess of Jaw, may within two years from tl,e date of coming
jnto force of this Gode, ap,-,ly to thf' Tabsildar for bis reinstatement in s•,ch
land.
(2) If any person who on the coming into force of this Code, holds
land as an occupancy tenant has been eject,-d from or dispossessed of anv land
held by him, after the coming into force of this Cod~ in contravention of its pr0-
visio"1s may withiri two years from the date of s1J<:h eie:ctment or dispossession,
apoly to the Tahsildar for his reinstatement in such land
(3) On receint of an annlica,tion unrfor snh-section (!) or (2), the

Tahsildar shall, after making an enquiry into the respective claims of the parties,
THE MADHYA PRADESH LAND REVENPE CODE, 1959
decide the application and wlicn he orders the rc:storation of

to the occupancy tenant, put Lim in possession of the land.
t!ie possession
..
. (4)_ T~e Tahsildar may, at any stage of enquiry pass under mb-
secb?n (3) :in 1nt~nm order for han_ding over the possession of the land to the
a~p~ca~t, if he f,nd~ that he was eJ~Cted or dispossessed by the opposite party
w1tbJ.I1 SIX months pnor !o the submission of the application under sub-section
(1) or (2), and the Opposite party shall, if necessary, be ejected undex his order.
. (5) When an interim order has been passed under sub-section (4)
the -Opposite party may be required by the Tahsildar, to execute a bond for such
~1m as he I?ay deem fit for abstaining from taking possession of land until the
fmal order 1s passed by 1,im.
(6) If the person executing a bond is found to have entered into

or ~ken possessi~n of the land in contravention of the bond, the Tahsildar may
forlelt the bond tn whole or in part and may recover such amount as an arrear
of kind revenue .
,- (, ! ;, 1,· ·1··
., (7), n:
the order passed under sub-section (3) is in favour of the
applicant, the 1 ahsi!dar shall also award a reasonable compensation to be paid to
the applicant by the opposite party :
· Provided that the amount of compensation shall not exceed ten times
the revenue of the land for each year's occupation.
(8) The compensation awarded under this section shall .be

recoverable as an arrear of land revenue.
i (
(9) The Tahsildar shall have the power to review su<r-moto cases
of wrongful ejectment, or dispossession, whether by surrender or otherwise of
occupancy tenants in any areas to be notified by the State Government in this
behalf. . Where action is taken under this sub-section, the provisions of the
foregoing sub-sections shall, as far as may be, apply,
CHAPTER-XV
Alluvion. and Dlluvion
Alluvion and diluvioo. 203. (1) Alluvial land formed on any bank shall vest in the State
Goveirnment but the Bhumiswami, if any, of the land adjoining such bank
shall be, entitled to the use of the alluvial land. so added to his holding fr~ fr;Qlll
the payment of land revenue during the ci.µ-rent ter:ip of S("ttlen11;nt,, uµIctss
the area added to his holding exceeds one acre.
. . . .. (2) \.yhen the area of the alluvi,d land added to a holdfr1g e,i:c~ds
. oui, Acre and it Appears to the, Sub-Divisional Officer that- such landi may, with
_due, regard to tl.ie· interest ,of, the public convenience and public• reve:r;iue,, be
dispobed, 'or;' he shall <:>ffer such hmdcin Bhumiswami rights to the. Bhumis,w~
of such holding at a premium whid1 shall not exceed twenty times the frur
:rl ;l~tf;.'.Yl.1\"lCJ fii."l~fUi
asses.~ment of the land so foi;med. If the said Bhumiswatni shaJl refuse the
,1;~--·n·1t \"~•·1,-;•.-1in:,:; :
o/R,r, the. Sub-Pivisional Officer may dispo.se of the land [in the prescribed
' rnanrier:]1
' ,, ,- . . .
(3), Where any holding is d1mi11ished in area by diluvion to'• an
.extent grea-ter· than one. acre,, the land re..,enue. payable en such hoJdiTig shall
Lw rdiuced. ·
, 204 . . (.I) The Sub-DivisionaLOfficer shall have power, Subject to rules

mµde under this Code, to assess all iricrease· and reduction in· land reve,illc
and decide disputea.
which. are required or penmitted under this Chapter. '
(2) The Snb,Djvisional Officer shall also have power tffdecide ,;my
dispute which may arise relating to the d1stri bution of alluvial land among thr:
:variovs Bhwniswamis claiming such land.
---~-------
. ·--------
. ---
]. Sub;. h~· ::vI. P. Act 2~)'of 1964. S.22 for ''in accordance with section 162".
THE MADHYA PRADESH LAND REVENUE CODE, 1959 . 293
P/
CHAPTER-~-XVI
... consolidatiOll of Holdinl•
205. lJ& this Chapter-
(i) . "Consolidation of holdings" means the redistribution of_ all ~

any of the land in a villagc, so as to all_ot to the ~~sw&Jm
cootiguous plots of land for the convenience of cult,vat,on;
(ii) "Consolidation Officer•• means a Revenue Officer, not below

the rank of a Tahsildar, appointed by the State Govt.rnment
for any district or districts ~o ~ercise the powers,. and w
poifonn the duties of a Consolidation Officer under this Codo.
206, (1) Any two or more Bhumiswamis _in a village holding togethn
not less than the minimum area of land prescribed by rules made under sec•
tion 221, may apply in writing stating such particulars as may be prescribed
by ruks made under section 221, to the Consolidation Officer fo, the consoli-
dation of their holdings.
(2) The Collector may of his own motion direct the Consolidation
Officer to make an enquiry into the feasibility of consolidation of holdings in any
village.
(3) If two-thirds of the Bhumiswamis in a village apply for con-
solidation of their holdings or if in the course of an enquiry into an application
made under sub-section (I) or sub-section (2) two-thirds of the Bhumiswamis of
the village make an application agreeing to the consolidation of their holdings,
· such application shall be deemed to be the application on behalf of all the
Bhumiswamis of the village.
(4) If in a case falling under sub-section (3), any scheme of conso-

lidation of holdings is confirmed, it shall be binding on all the Bhumiswamis of
·"' the village, and on any persons who may subsequently be entitled to hold or
occupy the land.
(5) In any other case, if any scheme of consolidation of holdings is

confirmed, it shall be binding on the applicants and those who have agreed to the
consolidation_ of their holdings and 0 11 any persons who may subsequently be
entitled to hold or occupy the land affected by the scheme.
207. (I) If on receipt of any such application or at any stage of the Rejection of applimtimr..
proceedings thereon, there appears to be good and sufficient reason for disallaw-
ing the application or for excluding the case of :my applicant from consideration,
the Consolidation Officer may submit the application to the Collector with a
· recommendation that the application be rejecte.d in whole or in part, or that
the proceedings be quashed.
(2) The Collector, on receipt of the recommendation, may accept
it and pass orders accordingly or may order further inquiry,
208. If the Consolidation Officer admits the application, he shall proceed Aclmissfon of application.
to deal with the same in accordance with the procedure laid down by or under
· this Code. · y
209. (!) If the Ilhumiswamis making the application under section 206 Preparation of sdicmi:" · '.!'-
· submit a scheme of consolidation of holdings mutually agreed to, the Consolida- consolitlation of holdings.
tion Officer, shall, in the manner laid down by rules made under section 221
examine it and, if necessary, modify it.
(2) If no scheme is submitted with the application, the Conso-

lidation Officer shall prepare a scheme for the consolidation of holdings in the
manner laid down by rules inade under section 221.
. -1· ' .
fflE MADHYA PRADESH LAND REVENUE CODE, 1959
. (3) If the Cons?lidation Officer is of the opinion that the redistribu-

tion of land m accordance with a scheme of consolidation will have the result of ,,
allotting to any Bhumiswami a holding or land of a less market or productive
value than that of his original holding or land, the scheme may provide.for the
payment of compensation to such Bhumiswami by such person or persons as the
Consolidation Officer may direct.
·, I C ' •• •
· · i · ( 4) When the scheme of consolidation is complete, the Consolidation

Officer, after considering and as far as possible removing the objections, if any,
ma,de: to the scheme, shall submit it for confirmation to the Collector.
' · (5) When the scheme pf .consolidatiPn is complete, and if all the
Bbumiswamis affe<:ted by such scheme,· agree to enter into possession of the
holdings allotted to them thereunder, the Consolidati9n.Qffi~er may allow them
to en~er into Sl_\Ch possession from a date to be mentioned 1n the scheme.
Coofinnation of.,Hlieme i 1210. The Collector may either confirm the scheme with or without
m(?di~cations or refuse to confitm it after considering the oqjection or objection~,
if ·any, to the scheme of consolidation and the recommendation of the Con-
solidation Officer. The decision of the Collector, subject to any order that tnay
be passed in rvision by the Settlement Commissioner under section 50, shall
be· final.
Procedure on confirmation. 2ll. (I) Upon confirmation of the scheme of consolidation, the Con•
solidation Officer shall, if necessary, demarcate the boundaries of the h o]dings
and shal! proceed to announce the decisions finally made and cause to be pre-
pared: in afrordance with the scheme, a new field mau, record-of-rights, other
reconjls prescribed under section 114, Nistar Patrak and Wajib-ul-arz.
(2) The new records prepared under sub-section (1) shall be de.emed
to have been prepared under Chapter IX or XVIII, as the case m·ay be.
Right of llhumiawamis to 212. The Bhumiswami affected by the scheme of consolidation, if thtY
~ o n of holdings. have ,not entered into possessio;1 under sub-section (5) of section 209, shall be
entitled to possession of the holdings allotted to them under the scheme, from the
comn1).encement of the agricultural year next following confirmation; and the
Consi:>lidation Offic<"r shall, if necessary, put them, by warrant in possession of
the holdings to which they are entitled ;
Provided that if all the Bhumiswamis agree, they may, after confirmation,
be put into possession of their holdings by the Consolidation Officer from any
earlier date.
Transfer of righlll of Bhumi- 213. (I) Notwithstanding anything contained in this Code, the rights
of Bl).umiswamis in their holdings shall, for the purpose of giving efff'ct to any
lllnlnis in holdings.
, scheme of consolidation affecting them, be transferable by exchange or other-
wise and no person shall be entitled to object to or interfere with any transfer
made for the said purpose. ·
(2) The Consolidation Officer may also transfer by exchange or

otherwise any land belonging to the State Government where such tra1:sfer is
necessary for the purpose of giving effect to any scheme of consolidation.
•o instrument ncce,.ar, te
214. Notwithstanding anything contained in any law for the time being
in force-
.
ellic;ttra,n.,fq,
. ,,. . .
(a) no instrument in writing shall be necessary in order to give
effect to a transfer involved in carrying out any scheme of
consolidation of holdings; and
(b) no such instrument, if executed, shall require registration.
Ccets of carrying out scheme. 215. (1) The Consolidation Officer shall, unless the State Government
for sufficient reasons directs otherwise, recover from the Bhumiswamis whose
h9,ldings ~•affected by the schep;u: for con.solida,tion of holdings, the costs of
..., ca.rrying out the scheme, which shall be assessed in accordance with rules made
qtl'der section 221.
(2) The Consolidation Officer shall apportioa the costs among the
:&hil:mlswamls liable to pay them according to occupied area of the holdings
al;fected ,by the; scheme..
216. Any amount payable as compensation under sub-section (3) of Recovery of Compensation
and cost.
section 209, or as costs unde1 section 215, may be recovered as an arrear of
land revenue.
217. When an application for the consolidation of holdings has been Suspension of partition proc«d-
admitted under section 208, no proceedings for partition of the holdings which ings during currency of como-
lidation proceedings.
will affect the scheme of consolidation shall be commenced and .:.11 such pro-
ceedings pending shall remain in abeyance during the continuation of the con-
solidation proceedings,
218. When an application for the consolidation of holdings ·has' been Transfer of property during
admitted, no Bhumiswami u;:,on whom the ·scheme will be binding shall have proceeding.,.
power, duririg the continuance of the consoJ:dation procee.dings, to transfer or
otherwise deal with any part of his original holding or l,and so as tti affecfthe
rights of any other Bhumiswami tbereto under the scheme of consolidation.
219. A Bhumiswami shall have the same rights in the holding or land Rights of Bhumiswamis alter
consolidation same as before.
allotted to him in pursuance of a scheme of cor1solidation as he had in his original
holding,
220. ('I) If the holding of any Bhumiswami brought under the scheme Encumbrance.s of Bhumiswa:mis.
of consolidation is validly burdened with any lease mortgage or othe-r encumb-
rance, such lease, mortgage or. other encumbrance, shall be transferred
and shall attach to the holding allotted to him under the schenie
or. to such part of it as the Consolidati.oa Officer, subject to any
rules that may be made under sectio,1 221, rnay have appointed in preparing ',-1
_the schem~; ,i,nd thereupon, the les,ee, mortagagee or other encumbrancer, as
,the case mciy be, .shall cease to have any rig-ht in or against the land from which
the lease, ffi'.)rtgage or other enctl.rnbrance has bee".l transferred.
(2) Notwithstanding anythi"lg contaiued in sub-section (l) or any

other enactment for the time being in. force the Consolidation Officer shall, if
necessary, put any lessee or any mortgagee or other encumbrancer entitled to
pos~essio.1, by warrant, into possession of the holding or part of a holding to
which his lease, mortgage or other encumbrance has been transferred under
sub-section (l ).
221. (1) The State Government may make rules for the purpose of Powcrtomakerules
carrying into effect the provisions of this Chapter.
(2) In particular and without prejudice to the gener3lity of the

foregoing power, the State Government may make rules-
(11) prescribing the minimum area of land to be held by the persons

making an application under sub-section (1) of section 206;
(b) providing for the particulars to be contained in any application

made under section 206;
M providing for the procedure to be followed by the. Consolidation

Officer in dealing with applications for the consolidation of hold-
ings and for the appointment and constitution of any Advisory
Committee or Panchayat to assist the Consolidation Officer in
the examination or preparation of the scheme;
(d') for determining the compensation to be paid in cases falling

under sub-section (3) of section 209;
(6) for regulating the assessment of costs under section 215;

THE M1,DHYA PRADESH LAND .REVENUE CODE, 1959
, • • • <
Cf) for determining the market or productive value of the d"ffi

holdings and lands brought under any scheme of eonsoli~ti~t
• .,,
(,g) for the guidance of the Consolidation Officer in respect of the
transfcx: of l'.ncumbrances and leases under section 220; and
(h) generally for the guidance of the Consolidation Officer and oth
Officers and persons in all proceedings under this CJJ.apta°:
CHAPTER-XVII
Village 08ictlff
A,-PATEl.i
222. (I) Subject to rules made under section 258, the Coll«tor may
appoint for each village or group of villages one or more patels.
(2) When there are two or more patels in a village, the CollcctoJ'
may di:!kibute, subject to rules made under section 258, duties of the ~ (If
paiel in such manner as he may think fit.
[(3) Where in the Vindhya Pradesh region, a patwari has beeJi.

perfonning the duties imposed on a pate! under this Code immediately before
the 'co=encement of this Code, he shall continue to perform such duties and
shall be deemed to be Patel for purposes of this Code, until a Patel is appointed
under sub-section (I). )1
ltemuneration of patd:s. 223. The remuneration of patels shall be fixed by the Collector m
ac,eordance with rules made by the State Governmwt.
Dutie. of patch. 224. It shall be the duty of every patel-
(a) to collect and pay into the Government treaswy land revenue
and cesses payable through him and sul'h other Govcrnmc.nt
dues ordered to be collected by him ; •
(b) to furnish reports regarding the state of his village at such

places and times as the Collel'tor may fix in this behalf;
(c) as far as possible to prevent encroachments on waste land,

public paths, and roadways in the villages;
(ii) to preserve such stations and boundary marks erected in his

village by surveyors in the service of Government as may be
made over to his care and to report any damage caused to
such marks;
(e) subject to rules made under section 258, to keep the village in
good sanitary condition;
(f) to prevrnt unauthorised cutting of wood or unautborised

removal of any minerals or other properties bdonging to the
State Government;
(g) to coritrol and superintend the kotwar. to report his death or

absence from his duty and to take such steps as may be nece-
ssary to compel him to perform his duti6s;
(h) to perform sul"h other du.ties as may be prescribed hy rules

made under section 258.
l. Sub.,. by M. P. Act 24 of 1961, S .18.

THE MADHYA PRADESR.LAND REVENUE CODE, 1959 297
J
225. If by any enactment for the time being in force, any public d1;1ties are Duties imposed under any law
upon land holden deemed to
imposed on or public liabilities are decla1ed to attach to landholders, the1.r II:~1:a- be imposed on patels.
gers or agents, such duties shall be deemed to be imposed upon and such hab1ht1es
shall be held to attach to pa tels appointed under this Code :
Provided that nothing herein contained shall discharge the Jand-hclders,

their managers or agents from any duties or liabilities otherwise imposed upon
them by law.
226. Subject to rules made under section 258, the Collector may remove Removal ofpatels.
from office any pate!.
227. A Patel who is found negligent in the performance of any duty assigned
to him under section 224 or 225, shall be liable under the order of the Tahsilder to Punishment of patch.
a fine which may extend to twenty rupees.
228. Where a pa tel is temporarily unable to perform his du ties, the Appointment of substitute
Sub-Divisional Officer may, on his application or otherwise, appoint a substitute pate!.
for a period of not exceeding, six months and the substitute so appointed
shall, for all the purposes of this Code, be deemed to be a pate!.
229. Notwithstanding anything contained in this Code, the State Govern- Entrustmcnt of village mana.-
ment may entrust the management of a village or the perl'ormance of the duties gcment.
entrusted to a pate!, to a Gram Panchayat or where a Gram P<>nchayat has
not been constituted, to a Gram Sabha constituted in accordance with the
provisions of section 232.
B--Kotwars
230. (1) For each village or group of villages, there shall be appointed,
in accordance with rules made under section 258, one or more kotwars for the Appointment of kotwara 11114
their duties.
performance of such duties as may be prescribed :
Provided that in tl,e Madhya Bharat region the duties of kotwars under
this section shall, be pe:formed by the Police Chowkidars who shaJI, on the
coming in to force of this Code, be deemed to be kotwars under this section,
and be subject in all respects to the control of Revenue Officers.
(2) Every pcison who at the coming into force of this Code holds
the_ post of a village watchman in the Bhopal and Sironj regions or of a chow
kidar in the Vindhya Pradesh region shall be deemed to be a kotwar under
this section.
[231. The State Government may, by general order, subject to such Remuneration of kotwars~
restrictions, terms and conditions as may be mentioned therein, fix the remune-
ration of Kotwars either prospectively or retrospectively but such retrospective
effect shall not be from a date earlier to the 1st March, 1982.] l
C- Gram Sabha
232. (I) For the purpose of the management of a village, the State Gram Sabha
Government may establish a Gram Sabl,a for a village or a group of villages
for which a Gram Panchayat has not been constituted under the law in force
relating to panchayats.
(2) The Gram Sabha shall consist of one Chairman, one Secretary
and not less than three other members who shall be elected in the prescribed
maner by the adult residents of tlte village or group of villages for which
tlte Gram Sabha is established.
(3) The term of the office of members shall be five years.
, (4) Every Gram ·sabha shall be a body corporate and shall have per-
petual succession and common seal and shall, by its name. sue and be sued. Sub-
ject to any rules made in this behalf, it shall also have power to acquire, hold
or transfer property movable and immovable, to enter . into contracts and
do all things necessary for the purposes of performing the duties entrusted. to it.
1. Subs. by M. P. Act 31 of 1982, S.2.
(5) Every Gram Sabha shall establish and maintain a fund and into
such fund shall be paid-
(i) a II. ~ums recovered as grazing fees and such other fees and income
ansmg from the management of the village as the State Govern-
ment may prescribe; and
(ii) a II sums contributed by the State Government or any local body
or any private person.
. . Such funds shall be applicable to the payment of ch.arges and expenses
mc1dental to the several matters under the control and administration of the
Gram· Sabha.
(6) The Collector shall exercise supervision over the working of the
Gram Sabha and may _for sufficient cause dissolve any Gram Sabha and appoint
any person to perform its functions until it is reconstituted.
(7) In any village or group of villages for which a Gram Panchayat

underithe law in force relating to panchayats has been established, such Gram
Panchayats shall perform the duties imposed upon and exercise the rights
of a Gram Sabha under this Code, and the Gram Sabha shall cease to exist.
(8) The State Government may, by notification, delegate to the Gram

Sabha such of the d:.ities of the Patel or any other function in connection with
agricultural or industrial development of a village as it may think fit.
CHAPTER-XVIII
Rights in abadi and unoccupied land and its produce
i
Record of unoccupied land. 233. A record of all unoccupied land shall, in accordance with rules
made in this behalf be prepared and maintained for every village showing
separately-
(a) unoccupied land set apart for exercise of nistar rights under
section 237; [xxx] 1 ·
[(b) * * * ]~
Preparaion of Ni.tar Patrak. 284. (I) The [Sub-Divisional Officer] 3 shall, consistently with the
provisions of this Code and the rules made thereunder, prepare a Nister Patrak
embodtin~ a scheme of mana~ement of ail unoccupied land in ~ villa?e and _all
matters incidental thereto and more particularly matters specified m section
2,35.
(2) A draft of the Nistar Patrak shall be published in the village

and aftier ascert~ining the wishes of the residents of the village in the pre-
scribed manner, it sho.11 be finalised by the [Sub-Divisional officer.] 3
(3) On a request being made by the Gram Sabha, or where there

is no Gram Sabha, on the application of not less than one-fourth. _0 the f
adult residents of a village, or on his own motion the [Sub-D1V151onal
Officer]3 may, at any time, modify any entry in th" Nistar Patrak after such
enquiry as he deems fit.
~tatt= to be provided for 235. The matters which shall be provided for in the Nistar Patrak
in N is tar Patrak. shall be as follows, namely:--
( a) terms and conditions on which grazing of cattle in the.
village will be permitted;
(b) the terms and conditions on which and the extent to which _,._
any resident may obtain-
(i) wood, timber, fuel or any other forest produce;
!. Word "and" omitted by M. P. Act 25 of !964, S.23 (i;,

2. Omitted by S.23 (ii), ibid.
3. Subs. by M. P. ·"-ct 24 of 1961, S.4, for "Collector".
THE MADHYA PRADESH .LAND REVENUE CODE, 1959 299
(ii) momam, kankar, sand, earth, clay, stones or any other

minor mineral;
(e) instructions regulating generally the grazing of cattle and the

removal of the articles mentioned in paragraph (b);
(d) any other matter required to be recorded in the_ Nistar

Patrak by or under this Code.
236. In preparing the Nistar Patrak as p1ovided in section 235, the Provision in Nist&' Patrak
Collector shall, as far as possible, make provision for- for certain matters.
(a) free grazing of the cattle used for agriculture;
(b) removal free of charge by the residents of the village for their
bona fide domestic consumption of-
(i) forest produce;
(ii) minor minerals;
(c) the concessions to be granted to the village craftsmen for the

removal of the articles specified in clause (b) for the purpose
of their craft.
237. (1) Subject to the rules made under this Code, the Collector may Collector to ,et apart land
set apart unoccupied land for the following purposes, namdy :- for exercise of Nistar rights.
(a) for timber or fuel reserve;
(b) for pasture, grass bir or fodder reserve;
{c) for burial ground and cremation ground;
(d) for 'gaothan;
( e) for encamping ground;
(f') for threshing floor;
(g) for bazar;
{h) for skinning ground;
'(iJ for manure pits;
(j) for public purposes such as schools, playground~, parks,

road, lanes, drains and the like; ~nd
(k) for any other purposes which may be prescribed for the
exercise of 1 igh t of Nistar.
_ (2) Lands set apart specially for any purpose mentioned in sub-
3eet,on (1), shall not otherwise be diverted without the sanction of the Collector.
238. (l l Where the Collector is of the opinion that the waste land of Right. in waste land of
another village.
~ny village is insufficient and it is in public inte,est to proce~d under this see-
tI_on, he may, after such enquiry as he deems fit, order that the residents of the
village shall have a right of nistar or a right of grazing cattle, as the ca~ may
be, in the neighbouring village to the extent specified in the order.
_ (2) The residents of a vil!age having a right of grazing cattle in

the neighbouring village u<ider sub-section (I) or Government forest may make
an application to the Collector for recordirg their right of passage for the pur-
.._ pose of exercising the rights.
{3) If, on enquiry. into an application made under sub-section(2),

the Collector finds that the right of pasga,,<>e is reasonably necessary to enable,
~u.r.h r':"si<len.ts tn exe!.'"c!~e ?. !'ig!1_: t0 g!"::._ze the!!" c?.ttle in ~ny other village Or in
the Government forest, he shall pass an order declaring their right to sucla
passage and shall state the conditions upon which it shall be exerciaed.
. (4) The C~llector shall further determine the route of passage, and
shall restrict such route 111 sud1 manner as to cause minimum inconvenience _.J£
to the residents of the village through which it passes.
(5) The Collector may, if he thinks fit, demarcate suer. route,
(6) Orders passed by the Collector under this section shall be

recorded in the Nistar Patrak.
(7) Where the villages mentioned in sub-section (1) lie in different

districts the following p1 ovisions shall apply, namely:-
( a) the orders specifying the right of nistar or the right of grazing
cattle shall be passed by the Collector in whose district the
village over which such right is claimed lies;
(b) any orders regarding route of passage shall be passed by the
Collector in whose respective jm isdiction the area over which
passage is allowed lies;
(r.) the Collector passing an order in accordance with clauses (a) and
(b) shall consult in writing the other Collector concerned.
Rights in fruit bearing trees 239. (1) Where, before the coming into force of this Code any fruit
planted in un-occupied land.
bearing tree was planted by any person in the unoccupied land of any village,
and is so recorded, tl,en notwithstanding that such land vests in the State
Government, such person, and his successor in interest shall from generation
to: generation be entitled to possession and usufrurt of such trees without pay-
ment of any royalty or other charge whatsoever therefor.
(2) Any person desiring to plant a fruit bearing tree in the un-
occupied land of any village may do so with the previous permission of
[Tahsildar]1, and the provisions of sub-section (1) .shall, as far as may be,
apply to thL fruit bearing tree, planted in accordance with the permission
obtained under this sub-section.
(3) The right conferred under this section shall ?e . trarsfaable ,

but the person planting the fruit bearing tree or his successor lll mterest shall
hove no right to the corpus of sue!-. tree or the land on which it stands.
(4) If any dispute arises under this section it shall be decided

by the [Tahsildar]l, whose decision shall be final. .
(5) The State Government mav make rules regulating the grant
of permission and the exercise of the right 'conferred under this section.
Prohibition of cutting of 240. (lJ If the State Government is of t1'e opinion that the cutin_g of
certain trees. any tree is detrimental to public interest or trat it is necessary to prol11b1t or
regulate the cutting of certain trees for preventing erosion of soil, it may, by
rules made in this behalf, prohibit or regulate tbe cutting of such trees whet~tr
such trees stand on the land belonging to Bhumiswami or on land belongmg
to State GovernmcnL
(2) In framing rules under sub-section (1), the State Government

may provide that all or any of the rules shall apply only to such area as the
State Government may, by notification, specify.
(3) The State Government mav make rules regulating the

control, management, felli1ig or removal of th'e forest growth on the lands
belonging to the State Government.
241. (1) If the State Government is satisfied that in order to prevent

Measures to prevant theft 1 the theft of timber from anv Gowrnrnent forest it is necessarv in the public _...
of timber from Government interest to regulate tre fellin'g and removal of timber in the viliages comprised
forest. in any area adjoining such forests, the State Government may, · b:, an order
published in the Gazette, declare such area to be a notified area for purposes
of this section.
I. Subs. by M. P. Act 24 of 1961 S. 7, for. "Revenue Officer".

(2) Every order published und<'r sub-section (1) shall be
proclaimed in the prescribed manner in. all the villages comprised in the
notified area.
(3) Notwithstanding anythin~ contained in section 179 but
!lllbject to the provisions of sub-st>ction (5), when an order has bern pro-
claimed in any village under sub-section (2), no person shall in pursuance of a
tra1 saction of sale or for purposes of trade or business fell any timber tree in
l;llly holding ir, such village or remove the corpus of any such tree from any such
holding except in accordanc<' with such rules as may be made in that behalf.
(4) Any person who contravenes or attempts to contravene or

abets the contraver.tion of th<' provisions of sub-section (3) or of any rule made
the1e-unde1, shall, without prt>judice to a11y other action that may be taken
againt him, be liable on the order in writ;ng of the Collector, to pay a
penalty not exceeding onF thousand rupees as may be imposed by him and
the Collector may, further order confiscation of any timber trees felled in
contravention of the provisions of this sub-section.
(5) Nothing in sub-sections (3) and (4) shall apply to the felling
or removal of timber trees by any person from tis land fo1 his bona-fide
agricultural or domestic purposes, if such felling or removal is otherwise in
accordance with the other provisions of this Code.
242. (I) As soon as may be after this Code comes into force, the Wajib-ul-arz.
[Sub-Divisional Officer]' shall, in the prescribed manner, ascertain and
record the customs in each village in regard to-
(a) the right to irrigation or right of way or other easement;

(b) the tight to fishing;
in any land or wate-r not belonging to or controlled or managed by the State

Oovernment or a local authority and such reco,;d shall be known as the Wajib-
ul-arz of the village.
(2) The record madt> in purst@lce of sub-~tion ( 1), shall be

published by the [Sub-Divisional Officerl1 in sucl1 manner as may be
prescribed.
(3) Any person aggrieved by any entry made in such record

may within one year from the date of the publication of ~ucl1 record under
sub-~ction (2), institute a suit in a civil court to have suc11 entry cancelled
or modified.
(4) The record made under sub-section (1) shall, su~ject to the
decision of the civil court in the suit instituted under subsse<.:tion (3), be fii;1a
an~ concl4sive.
(5) The [Sub-Divisional Officer] 1 may, on the application of any
person interested therein or on his own motion, modify an entry or insert any
new entry in the Wajib-ul-arz on any of the following grounds :-
(a) that all persons int(!t'ested in such entry wish to have it modified;
or
(b) that by a decree in a civil suit it has been declared to be etToneons;
or
(,) that being founded on a decree cw ordi:r of a civil court or on
the order of a Revenue Officer it is not in accGrda11ce wh!l s4ch
decree Qr order; or
(a) that being so founded, such decree or Ard.er has subsequently

been varied on appeal, reyisioµ or review; or
(e) that the civil court has by a de<.:ree determineµ any . rusto:in
existing in the village.
I. Subs. by M. P. Act 24 of 1961 S.4, for "Colle~torl'.
CoUec~43.. O)fi .Where the area reserved for abadi is in the opinion of the
la d . orthmsu ·1c11ent, hhe may reserve such further area from the unoccupied .,,:
n In e VI age as e may think fit. · · · ··
-h S (2) Wherl': unoccupied land for purposes of abadi is not available
t e tate Government may acquire any land for the extension of abadi. '
. (3) The provisions of the Land Acquisition Act 1894 (I of 1894)

shall. ~~ply to such acqui~ition and compensation shall be payable for th;
acqUis1t1on of suc-h land m accordance with the provisions of that Act.
Dispooal of abadi sites,
244. Subject to rules made in this behalf the Gram Panchayat or where
a Gram Panchayat has not been constituted, the Tahsildar shall dispose of i.ites
in the abadi area .
.Rights to hold houae •ite free
of land revenue. 245. A building site of reasonable dimensions in the abadi shall not
be liable to the payment of land revenue if such site is occupied by a kotwar or
a person who holds land or works as an agricultural artisan or an agricultural
lab!)urer in such village or in a village usually cultivated from such village-
Right of penons holding house
sites in abadi ' 246. Subject to the provisions of section 244 every person who at the
coming into force of this Code lawfully holds any land as a house site in the
abadi or who may hereafter lawfully acqui1e such land shall be a Bhumiswami
in, respect of such land :
•[Provided that the allotment of house site under Gramin _Avas Yojna
to a landless person on or after the commencement of the Madhya Piadesh
Land Revenue Co_de (Amendment) Act, 1973 shall be subject to the following
contlitions-
(i) that the allottce shall build a house on such land within a period
of [five years]• from the date of allotment;
(ii) thatthe allottee shail not transfer the land allotted to him ◊r hJs
interest therein during a period of [ten years]3 from the date of
allotment;
(iii) that in case of breach of any of_ the above c.onditions the land shall f
vest in the State Government with effect from the date of breach,
Explanation.-For the purpose of this section "Gramin Avas Vikas

Yojn~'' means the scheme sponsored by the Government of Ir dia for the pro-
visio'1 for house _sites in rural areas whereunder, on fOO¾ grant assistance from
tl;le Govemment of India, the State Governments are to· provide house sites
free 'of cost to families of landless workers in rural areas who do not alreadyown:
a honse s:te or a built up house or a hut on land of their own.] ·
Government'• title to mincrala. • '247. (I) Unless it is otherwise expressly provided by the terms of a
·grant made by the Government, the right to all minerals, mines and quarries
shall vest in the State Government which shall have all powers necessary for the·
proper enjoyment of such rights.
. .. (2) . The right to all mines and quarries includes the right of access to
iand for the purpose of mining and quarring and the right ·to occupy such other
land as may be necessary for purposes subsidiary thereto, including the erection
.of.offices, workmen's; dwellings and machinery, the stacking of minerals and
deposit of refuse, the construction ofroads, railways or tram-lines, and any other
PUl1PO.scs wHch the State Government may declare to be subsidiary to mining
and quarrying.
(3) If the Government has assigned to any person its right over any
~illerais, mines or quarries, and if for the proper enjoyment of such right, it
is necessary that all or any of the powers specified in sub-sections (!) and (2)
.shonld be exercised, the Collector may, by an _order in writing, su't!ject to such
conditions and reservations as he may specify, delegate such powers to the perlCJn
to whom the right has been asmgned:
L Added by M. P. Act 29 of 1973, S.2.

2. Subs. by M. P. Act 9 of 1975, S.2(1), for "oae year".
3. Sub. by S.2(ii), ibid, for "five years".
THE. MAD}IY.A. PRADESH LAND REVENUE. CODE. . 19~9l .. 303
, " • > 0 ' a' H • •• ,,.~ ,__, (. .L,
Provided that no such delegation shall be made until notice h~s be~n ~uly
'" served on all persons havng rights in the land affected, and their obJecuons
have been heard and considered.
(4) If. in the exercise of the right herein referred t~ over any land, the
rights of any pe;son are infringed by the occupation or disturbance of the
surface of such land, the Government or its assignee shall pay to s~ch
persons compensation for such infringmcnt and the an:o~t ofsu~ compensation
shall be calculated by the Sub-Divisional Officer, or, if his a:vard is not a~:epte~,
by the Civil Court, as nearly as may be, in accordance with the provisions f
the Land Acquisition Act, 1894 (1 of 1894).
(5) No assignee of the Government shall enter on or occupy the surface
of any land without the previous sanction of the Collector, and unless_ the
compensation has been determined and tendered to the persons whose nghti
are infriµged-
. . (6) Tf an assignee of t_lie Government fails to pay compensati~n as pro-

vided m sub-section (4), the Co!lector ma~, recover such compensation from
him on behalf of the persons entitled to it, as if it were an arrear oflan:l revenue.
(7) Any person who without lawful authority extracts or removes minerals
from any mine or quarry, the right to which vests in, and has not been assigned
by, the ~overnment shall, without prf'judice to any other action that may be
taken against him, be liable, on the order in writing of the Collector, to pay penalty
not exceeding a sum calculated at double the market value of the minerals so
extracted or removed :
Provided that if the sum iiO calculated is less than one thousand rupee1,
the penalty may be such larger sum not exceeding one thousand rnX::ees as the
Collector may impose.
(8) Without pre-judice to the provisions in sub-section (7) the Collector

may seize and confiscate any mineral extracted or .removed fr<:>m any mine or
quarry the right to which vests in, and has not been assigned by the Government.
Explanation.-In tl:is section, "minerals'' include any sand or clay which
the State Government may declare to have a commerciaf vake or to be required
for any public purpose.
1 [248. (I J Any person who unauthorised!y takes or remains in possession Ponalty 'for unauthoriH<lly
of any unoccupied land, abadi, service land or any other which has bew set taking pooo,..icm of land.
apart for anv special purpose 'under section 237 or upon any land which i11 tht"
property of Government, may be summarily ejected by order. of t.he Tahsildar
and any crop which may be standing on the land ..nd any building ..or otha:
work which he may have constructed thereon, if not removed by him within
such time as the Tahsildar may fix shall be liable• to forfeiture .. Ally property
so forfeited sha!l be disposed of as the Tahsildar may direct and the cost of
removal of any crop, building or other work and of all works necessary, to
restore the land to its original condition shall be recoverable as an arrear ofland
revenue from him .. Such person shall also be ljabJe at the discretion of the
Tahsildar to pay the rent of the land for the period of unauthorised occupation
at ·twice the rate admissible for snch land in locality and to a fine. which may
extend to [five thousand] 1 rupees and to a further fine ·which mav extend
to tW'.'!'lty Pl?~"s for every day on which such unaut11ori.,;d occu·
pation or possession continues after the date of first ejectment. Tp.e Tahsildar
may apply the whole or any part of the fine to compensate persons, who
may in his opinion have suffered loss or i~jury from the: encr9achement:
Provided that the Tahsildar shall not exerci:ie · the powers conferred by
this sub-section in regard to encroachement made by buildings or works con-
structed~ · ·
(i) m the Mahakoshal region-
(a) in areas other than the merged States before the first day of
5eptember, 1917;
------
!. Subs.byM.P.Actl5of!971,S.4.
~ Subs. by M. P. Act 44 of 1974, S.2(a), for, "one tho\lsand''.
304 TIIE MAD1iYA PRADESH LAND REVENUE CODE; 1959
(b) in the merged States, before the third day of April, 1950 ;
(ii) in the Madhya Bharat region, before the fifteenth day of August, 1950;
(iii) in the Vindhya Pradesh region, before the first day of April, 1955;
(iv) in the Bhopal region, before, the eigth day of November, 1933; and
(11) in the Sironj region, before the first day of July, 1958.
Explanation.-For the purposes of this sub-section "Merged States"

shall have the meaning assigned to it in the Madhya Pradesh Merged States
Lawsi (State) Act, 1950 (XII of 1950).
(2) It shall not be competent to the Tahsildar to impose a fine of amo-

unt exceeding [one thousand five hundred]1 rupees but if in any case he consi-
ders that circumstances of the case warrant imposition of a higher fine, he may
refer the case to the Sub-Divisional Officer who shall, then, after giving the
party concerned an opportunity of being heard, pass such orders in respect of
fine as he may deem fit.
[(2-A) If any person continues in unauthorised occupation or posse-

ssion of land for moi:e than seven days after the date of order of ejectment
under sub-secti01:. (!), then without prejudice to the fine that may be imposed
thereunder the Sub-Divisinal Officer shall cause him to be apprehended and shall
send him with a warrant to be confined in a civil prison for a period
of fifteen days in case of first ejectment and three months in case of
second or subsequent ejectment :
Provided that no action under this sub-section shall be taken-
(i) unless a notice is issued calling upon such person to appear be-
fore the Sub-Divisional Officer or: a day to be specified in the
notice and to show cause why he should not be committed to
the civil prison;
(ii) in respect of encroachments on Government and Nazul land,

for the settlement of which the Government have issued orders
from time-to-time :
Provided further that the Sub-Divisional Officer may order the release
of suc;h person from detention before the e~piry of t~e peripd ~entioned in
the warrant ifhe is satisfied that the unauthorised possession has been vacated :
Provided also that no woman sha!J be arrested or detained unde1· this

sub-section.
(2-B) The. State Governmen! _may make rul~s for the purpose of
carr-ying into effect the prov1S1011s of sub-section (2-A) .]•
(3) No order under sub-section (}) shall prevent any persons frQm
establishing his rights in a Civil Court.
(4) [ • • ]3
Regulation of . fishing, 249. (I) The State Government may make rules for regulating-
hunting, etc.
(al fishing in Government tanks;
(b) catching, hunting or shooting of animals in villa~; and
J. •subs. by M. P. Act 44 of 197'1, S .2(b), for "iwo hul)drerl '\nd fifty".

2. Ins. by M. P. Act 12 ofl976, S.2(1).
S. Omitted by S.2(2), ibid.
THE MADRYA PRADESH LAl'ID REVENUE CODE, 1959 :305
(c) the removal of any materials from lands belonging to the

State Government.
(2) Such rules may provide for the im,e of permits, the condi
tions attaching to such permits and the imposition of fees there for and other
inciden ta! matters. ReinstatemcnfofBhumilwami
250. ((1) If a Bhumiswami is dispossesse_d of the l~d o~herwise t~an
improperly:diapoosessed.
in due course of law or if any person unauthonsedly continues Ill possession
of any land of the Bhumiswami to the use of which such person has ceased to
be entitled under any provision of this Code, the Bhumiswami o~ his successor
in interest may apply to the Tahsildar for restoration of the possessioJl,-
(a) in case ofBhumiswami belonging to a tribe whid1 has
been declared to be an aboriginal tribe under sub-section
(6) of section 165,-
(i) before the lstJuly 1973 in cases of unauthorised disp-

ossession prior to the 1st July, 1976; and
(iiJ in any other cases within five years from the date
of dispossession or from the date on which the pos-
session of such person becomes unauthorised, as the
case may be;
(b) in case ofa Bhumiswami not covered by clause (a), within

two years from the date of dispossession or from the date
on which possession of such person becomes unauthorised,
as the case may be.]1
[(I) For the purposes of this section and section 250-A

Bhumiswami shall include occupancy tenant and
Government lessee.]2
[(l·a) If a Bhumiswami is dispossessed of thc land other·

wise than in due course of law or if any person ·
unauthorisedly continues in possession of any land
of the Bhmiswami · to the use of which such person
has ceased to be entitled under any provision of
this Code the Bhumiswami or his successor in
interest may apply to the Tahsildar for restoration
of the possission.-
(a) in case ofBhumiswami beonging to a tribe which
has been declared to be an aboriginal tribe under sub.
s<'"ction (6) of section 165,
(1,'\ before the 1st July 1978 in cases of unauthorised
dispossession prior to the 1st July 19~6; and
(ii) in any other cases within five years from the date
of dispossession or from the date on which the possession
of such person.becomes unauthorised, as the case may be;
(b) in case of a Bhumiswami not covered by clause

(a), within two years from the date of dispossession or from
the date on which possessionof such person becomes
unauthorised, asthe case may be.]3

2. Ins., in its applicati<?D: t~ ScheduJed Areas, by Government of Madhya Pradesh. Revenue
Departments Notificat10n F. No. l-70-VII-N-2-83, dated the 5th January, 1984, issued
by the Governor of Madhya Pradesh under sub-paragraph (I) of paragraph ;; of the Fifth
Schedule to the Constitution of India, published in the Madhya Prade.sh Rajpatra (Asadha-
ran), dated the 6th January, 1984, pages 23-29.
3. Existing sub-section (!) re-numbered as sub-section (I-a) in its application to the Scheduled
Area, by Government of Madhya Pradesh, Revenue Department's Notification F. No. l-70-
VII-N-2-83, dated the 5th January 1984, issued by the Governor of Madhya Pradesh under
sub-paragraph (I} of paragraph 5 of the Fifth Schedule to the Constitution oflndia Published
in the Madhya Pradesh Rajpatra (Asadharan) dated the 6th January, 1984, Pag~ .23-29
Tim MADHYA PRADESH LAND REVENUE CODE. 1959
[ (J -:)) tl_,c Tahsildar_ mav on coming, to know rhat a Bh, m· ·

occuoancv · t . G · · . ·· · 1 1swam1 or an
, . tenaH 01 a overnmcnt lessee has been dispo,so•:sed of his land
otherwise than m due course of law, suo mo , start proceedine-s und h.
section.] . ,., er t 1s
(2: The Tahsildar shall, afler making an ,nouiry into tl•e· ·

] · f h · · d 'd • · · · resnect1vc
c :mm.s o t e_ parties, en e _the application and whe,, he order'-' the r<:st~ratio~
of the possession to the Bhum1swam1, put him i11 possession of the land. ·
[ (2-a) The proceedings started under this s<:cnon ,Lall, on receipt of

reply fro1~ the _o_ther party, continue from day to day ur,less for reasons to be
recorded 1,i w11tmg a lo,.,ger adjournment is considend r:ecessarv and in that
case a copy of the orcfor sheet containing the reasons for surli' adjournm<cn t
shall be sent to the Collenor.]' .
. _ i3! T!1e ?.:ahsilda1 m8.y at a~y st2gc of !Pc CLC;Liry P'SS under sub-sec-
tion. (2; a,: mte11m order for h.ancl,!:g over the posce'810n of tht Jand to ire
applicant, _,f he finds that l_1e. was mspossessed by tl 1 e 0ppo.oitc party within six
months pnor to the snbm1ss10n of the application unc'e, 1Lis section. In such
a case the opposite p2rty shall_, if necessary_ he tjec1ec] under orders of the Tahsil-
dar.
[ (?, j Tho Tahsildar may at any stage of the enqui1 y pass an iterim order
for handmg over the possession of the land to the Bhumiswami, occupancy
tcna.,t or Governme:1t lessee, as the case may be, if he [ic1ds that he was dis-
possf:lSScd by the opposite party within six months prior to th: sdimission of·
the application or commc;J1cement of su&-mo,u proceedings under th.is section.
In :,uch a case the opposite party shc~U ; if necessary., be ~jected n1~der orders
of the Tehsilfdar.] 1
(4-) \'Vhcn an interim order has been passed under sub-section (3) the
opposite parly mciy be required by the Tahsildar to execute a bond for such sum
as tht: Tahsilda: r:1ay deem fit for abstaining from taking possession of land
until the final order is passed by the Tahsildar.
(.5) If the persor: executing a bond is found to have entered into or

taken possession of the land in contravention of the bond, the Tahsildar may
forfeit the brJ,;c\ in "·hole or in part and rr,ay recover mch amonnt as an arrear
of land revenue.
[ (6) If the order passed uncle, ,c::,- cction (2) is in favour of the appli-
c:1ut the Tahsi!d;;r shall als_o award co=pensatioi• to b<" paid to the ~ppl,cant
by the opposite party wh'ch shall be at the prorata rate of two hundred and
fifty rupees per hectare per year. J2·
(7) The compensation awarded uicctcr ti·:s seclinn ,hhi: Le• recoverable
as an -arrear of land reve.n.ue.
[(8) \Vhen a:1 order has been p?.sscd under sub-,:r,,ction (21 fo,· tJ,c
rcstoratio'l of the possession to the Bh,,,"J;swmni the Tah ilcbr m~y require the
0
opposite party to execute a bond for rnch sum as the Tahsildar may deem fit
fo~ abstaining from taking possession ofth" hr>.d in contravention of the order.] 3
f(9) vVhere an order has br,ee1 p2.ssed under sub-section (2) for the
rcstorD.tion of the possessio,1 of tLe Bhumiswami, the 0;1posi,c party shall also
be liable to fine which ma,· extend to five: thousand rupees :
1. Ins., in its application to Schedu]ed Areas: by Govcn:;_mcnt of Madhya Pradesh,_ Revenue .....__
Department's Notification F~ No, 1-70-VII-N-2-83, dated the. 5th January,. 1934, 1sme<l. by
the Governor of Madhya PraQ.esh under sub-paragraph (I) of paragrap~ 5 of the Fifth
Schedule to the Constitution of India, published in the Madhya Pradesh Ra3patra (Asadha--
ran), dated the 6th January, 1984, pages 23-29.
2. $ubs. by M. P. Act 15 of 1980, S. 11.
3. Added by M. P. Act 15 of 1971, S.:'i.
TIIE lviA.lJHYA PRADESH LAND REVENUE CODE, 19~9 307
Provided that it shall not be con1pete-nt to the 1\1h_•;ilJ:·.r· to .i1nposc a fl1,c

_)- of amount exceeding one thousand five hundred rupec-s but if in aEY c,,,c he
·considers that circumstances of the case warrant imposition of a high.er fine
he may rcfor the case to the Sub-Divfaional Officer who shall, after giving the
party concerned an opportunity of being heard, pass snr}, orders in respec1 of
fine as he may deem J-it.] 1
,·-~,
[ 250-A (1) ff any person continues in unauthorised occupatioH or Confinement in civil orison on
possession of land for more than seven days after the d,i,c of ord<'r for I csto- failure to re.store: p~!&.-;ession
under secti0n 250.
ration of possession under section 250, then without prejudice tc the compci1c
sation payable under sub-section (6) or the fircc unclcc mb-u;nicn (9) of th:
said section the Sub-Divisior.cl Officer ,hdl cause him tu be app:..::hen,;cd a21d
shall send him ¥lith a v~'arrant to be conf;ried in a ci•.·il pri:.o;: for ;1 period of
fifteen days in case of first order for reston:tion of possc.ssion and shall c;iuse
him to be apprehended and shall send him with a warrant to be confo,cd in
such prison for a period of three months in case of second or :ubscqucnt crdcrs
for restoration of the possession to such Bhumiswami :
Provided that no action under this section ,hall be tc:l:er, unless " notice
is issued calling upon such person to appear before the Sub-Divisional Officer
on a da.v to be specified in the notice·and to show cause whv be should uot be
commit{cd to the civil rsrision : '
Provided further tbat the Sub-Divisional Officer may order tl,e r·elase o!
such p~rson from deteation bcfore the expiry of the period mentioned in the
\varraut iflh: is satisfied that the unauthorised possession has been vacated :
Provided 2,lso tk1t no woman shall be arrested or detair-ed under this

section.
(21 Th<" State Government may make rules for the purpose of
can·ying into effect the provisions of sub-section (1). ] 2
251 [ (1) All tanks situakd on unoccupied land on or before the Vesting of tanks in State·
date of comiag into force of the Act, providing for the abolition of the rights Government.
of interm~diaries in the area concerned and over which members of the village
comm,nity were, immcdi~.tely before such date, c,.rxcising rights of irrigation
or nistar, shall, if not already vested in the State Government, vest :,hsoh,,c:ly
in the State Government with effect from the 6th April 1959 :
Provided that nothing in this section shall be deemed to affccl a;,y righL
o'f a 1.essee i:1 the ta:i1k urirkr a l~a,;;;i:; s:ubsisti;·1g on the c.lJte ofvcstir:g nf tl1e tank
which shall be exercisable to the exte•1 t and subject , , the terms a"•: cn'lditior s
specified in the lease :
Provided further that no tank shall vest in the State Government. nnless--
ii) after making such enquiry as he deems fit, the Collector is satisfied
that the tank fulfills the conditions laid do·Ar in this sub-se-ction;
and
( ii) notice· has bec·n "ervcd on the parties interested and OfJ: JOrtun1ty
given to tb em for being heard. ]3
(2) Any person claiming in any such tank any interest other than the
right of irrigation or nistar, may, within a period of [ four years ] 4 from the
date of vesting under sub-section (1), make an application in the prescribed
form to the Colfoctor for compensation in respect of his i111crest.
[ (2-a) The provisions of section 239 shall apply to trees ~tanding on

the emba'1kmen.ts of tank vested in the State Government under sub-section
(1) as they aooly to trees planted in an unoccupied land.] 5
l. Ins. by M. P. Act 44 of 1974, S.3.

2. Jns. by M. P. Act 15 of 1980, B.12.
3. Subs. by M. P. Act 38 of 1961, S.S(i).
4. Subs. by S. 5(ii), ibid, for "two yean".
5. Ins. bv S. 5 (iii); ibid.
THE IMAl>HYA PRADESH LAND REVENUE CODE, 1959
,(
(3) Such compensation shall be fifteen times the land revenue assessable
?n the land c_ov_ered by the tank and for purposes of assessment suc-h land shall
be treated as irrigated land of the same quality as the adjoining land.
'. ~ ~rn;,,,.
(4) The compensaion as determined under sub~~ec-tion (3) shall be paid
~y the qoIIector to the person or persons proved to his satisfaction to be awning
mterest m the tank concerned.
. (5) The payment of compensation under sub-section (4) slall be a full

dJscharge of the State Government from all Iiabiltiy for compensation in res-
pect of the tank c-oncerned, but _shall not prejudice any right in respect
of such tank t<;> which any other person may be entitled by due process of Jaw
to e~orce. against the person or persons to whom compensation has be(n paid
as at oresa1d.
(6) The State Government may make rules providing for the regulation
of the use of water from such tanks.
('i) The vesting of any tank under sub-section (I) shall not affect the
~jghts o_f irrigation and nistar in such .tank to which :my person is entitled
immediately before the date of vesting.
[ Explaoation,-For the purposes of this section, tank includes the trees

standing on the embankments of the tank but does not include buildings, t,·mples
or other constructions standing on the embankments thereof.Ji
Maintenance·ofworks of 252. (I) 1t shall be the duty of the Gram Sabha to miantain and keep
public u!ility. il!I proper repairs the works of public utility in the vil!ag, .
(2) Subject to rules made under tl1is Code, the Gram Sabha may, by
order in writing, call upon adult males residing in the village (except those
who are old and irf'rm or subject to any physical disability) to perform such
labour a~ it may specify in the order for keeping in a proper state of repairs
such works of public utility in the village as may be notified by the State 7
Goverrment in that behalf.
(3) No order under sub-section (21 shall be passed unless tlie works
are of public utility and are likely to benefit 'generally tlie persons against whom
the order is being passed.
(4; A person required to perform labour un?cr the. provisions of sub-

section (2), may have it performed by another on h1s behalf or pay for Jts per-
formance at such rate as may be determined by the Tahsildar.
(5) Any person who lleglects or refuses to perform the Jabour refe:red
to ir sub-section (2) or fails to pay for the performance of labour «s provided
in sub-section (4) shall, on the order of the Tahsild2.r, l:e Jizble !o pay ar. amo-
unt equal to the value of the labour at the rates deterrnircd by tl,e Ta};sildar
un-J.er sub-section (4), and such amowit shall be recoverable as an ;:,riear of
land revenue.
Punishment for contravention 253, (1) Except as otherwise providtd in this Code, any person who
of provisions.j acts in contravention of the provisions of this Chapter or rules rna~e thereun_~er
or who contravenes or fails tn observe ,,ny rules or custom entered m the \\aJib-
ul-arz or commits a breach of any entry entered in. the Nistar Patrak shall be
liable to such pen2lty not exceeding one thousaLd rupees as the Sub-Divisional
Officer may, after giving such person an opportunity t<;> be heard, ~eem fi;_ and
the Sub Di•,isional Officer may further order confiscation of any umber, ,oresc
ptoduce, or any other ·produce which such person may have appropriated or
removed from lands belonging to the St2te Government.
(2) Where any contravention, breach or non-observance punishable

under sub-section (I) has been committed by the Gram Sabha, every Officer
1. lns. by M. P. Act 38 of 1961, S.5 (iv).
THE MADHYA PRADESH. LAND. REVENU~ <;9f!,E,;/~~9
bearer of the G~,1.m Sabha shall b" liabl,: 1ni~t that sub-section _unless h? pr'Jvcs
that the coatravcntiou, breach or non-observance took place w1tho1:t his know-
le,lr.: or that he cxe,·cised all du~ diligence to prevc:lt suc:1 ,:0·1 1ravent1on. breach
C,
.Ol non-obsei'vance.
(3) Where the Sub-Divsional Officer P';'sses an order imposing a penalty

under this section, he may direct th?t the whole or any part of the penalty may
be applied to meet the co_st of. such measures as may be necessar~ to prevcn __
lo:;:; or injµry to die pubhc owing to such contravention, breach OJ non-obse,
vance.
Performance of duties of Gram
254. Any function assigned to a Gram _Sabha undc~- this · Chapter shall
be performed by the pate! until a Gram Sabha JS duly co:1sl1tutcd n:1dcr section Sabha by Patel.
232.
CHAPTER XIX
Miscellaneous
2:\.5. (I) With a ,·i·:w to hfr:g agricEltural cc0nomy to a hig!1cr level of Pre.scriptien , of standards of
eJlicieucy, the Govcrnmc;;t may, by n1lcs, regulate standards of cflicient culti- cultivation and magnagement.
vation and management.
(2) Such rules may provide for the isslic of directions as regards the
methods of agriculture to be adopted, the use of improved seeds, conservatioll
and proper utilisation of manure, sale of surplus foodgrains, and for ensuring
proper wages and terms of employment of agricultural workers, and such other
directions as may be necessary or desirable for the efficient utilisation of lands.
(3) Such rules shall apply to agriculturists who cultivate personally land
in excess of such limits as may be prescribed.
(4) If an agriculturist to whorn such rules apply under sub-section (3)

fails to carry out the directions issue-d imder sub-section (2), the State Govern-
ment may have the directions carried out by any other agencv in such mawwr
as it deems fit and recover from him all such cost as may ·be' incmred.
2.5.6. 8ubj<'d. to such conditions and to t.he payment of such fees as may Inspection and copies of
be p1escibed by rules made under this Code, all revf."nue records, maps and map:!! and land rer.ord!II.
land records which have been prepared or are required to be prepared or kept
under this Code_ or any other en,,ctment for the time being in force, shall be
open to the inspection of the public at re,isonable hours, and certified extracts
therefrom, or certified copies thereof, shall be given to all persons applying
for the same.
257. Except as otherwise provided in this Code, or in any other enact- Exclusive jurudiction . of
ment fo~. th: time being in force, no Civil Court shall entertain any suit instituted revenue authorities.
or application made to obtain a decision or order on any matter which the
State Government, the Board, or any Revenue O,:, ·e, i . y this Code, em-
po';ered to determi>.c, decide or dispose of, and in narticular and without
prejudice to the generality of this provision, no Civil Court shall exercise
· jurisdiction over any of the following matters : -
( a) any decisio,1 regarding the purpose to which land is appro-

priated under section .59;
(h) any question as to the validity or effect of the notification of a

revenue survey or a.ny question as to the term of a settlement;
(c) a<1y claim to modify a decision determir1ing abadi made by a

Scttleme.lt Office, or Collector;
(d) any claim against the State Government to hold land free of
land r1•ve'lne, or at less than the fair assessment, or to be assi-
gned in whole nr in p?,rt the land revenue assessed on any land;
. 31-0 THE MitnriA PRADESH LAND REVENUE cooE 1959
(e) the amount of 1all<l H'\;CJ~ue a.s~c~~.t·d er rca~::C~l-d unc!er this

,· Cude or auy oihcr enactment for the tin:c being in for< e;
(() any cbim against the State Goven:ment to have any entry
made iu am· land records or to han, ,my such entry trnittro
\· or amended.
I.'
( ,r) any question regarding the demarcation of boundaries or
fixing of boundary mark~ under Chapter X;
(Ii) :my claim again;t the State Govcrllll1em connected with or

.;.rising out of, the collection of land revenue or the recovery
of ai,y sum which is recoverable as land revenue under this
Cock or any other errnctment:
(i) any clam, against tLe State Govcrnn:ent 01 against a Revenue

Officer for remission or suspension of ]and nvenue. or for a
decJa,·;· tion tl1at crop~ have failed in any yt¼.11;
(j1 any decision regarding forfeiture in case, of certain trai,sfors

wider sectioi, 166;
(k) ejectment of a lessee of a Bhumiswami under sub-section (4) of

section 168;
[(!) any claim to set aside transfer bv a Bhumiswami under

sub-section (I) of section I 70 and cl;uses (a) and (b) of sub-
section (2) of section l 70-A;l 1
(n,) ejcctment of a Government lessee under section 182;

(n) resumption bv a Bhumiswami of land held by an oc·cupancy
tenant under ·section 189 and the fixation ofrent ofland left, if
any. witl1 the occupancy tenant;
(o) claims by occupancy tenants for conferral of the right., of

Bhumiswami under section 190;
(p) restoration · of po~ssion to an occupanc-y temmt U12der

section 191;
~- j •
(q) termination of tenancy of an occupnr.cy ten.mt undt-r section
193;
(r) anv claim to set aside transfer by ;-,n occupc.11L) ttllflllt unrler
sec.ti on I CJ 7;
(s) the impos,t1011 of penalty <,n a Bhumiswarui under

section 200:
(I) suspension and remission of rent under section 201;
(u) any decision regard;ng reinstatment of a wrongfolly cjc.t:t¢d

occupancy tenn,nt nnder section 202:
(11) amount payable ,is compensation under sub-section 1Ti of

section 209, confirmation of th{, schenw for co1NJ1idation ol hol-
dings under section 210. trnn;fers of rights in ,,nrying <11 i the
,, scheme under section 213 and assessment ,and apportionment
of costs of consolidation of holdings under se_ction 21:i;
lw) aav claim to modify anv entry in the Nistar Patrak:
anr _decision tcgnrding reins.tatmc..nt of a Bhumiswan1i in1pro-

perl1: clispa_,s,•,secl , und,,r sr-ction 250:
r-,---;-,. - - ' - - - - " - - - - - - - - - - - - - - - - - ~ - - ' - - - - - - - - - - - -
I. Sub, by .M. P. Act 18 of I 984, S. 2.
THE MADHYA PRADESH LAND REVENUE .CODE, 1959 3JI
(v) any decision regarding vesting of tanks in State Government

under section 251 and al1\ claim against the State Government
arising thereunder; ·
(z l any claim against the State•Govcrnmem to set aside or modify

any prl'mium, penalty, cess or iate imposed or assessed under _the
provisions of this Code or any other ..-nactment for the tum:
being in force;
(z-1! any claim against the State Goyernment arising under section
255 regarding prescription of standard of cultivation and
management;
(.;-2) any claim to compel the pniormancc of an) dutv imposed by

this Code on anv Revenue Officer or other offi~er appointed
under this Cod..-.'
1(257-A (I) In any procee-dings under sub-section (6) of section 165, or }lurdcn vf proof and bar of legal
under the proviso to section 169 or under sub-section (I) of section 170 or under practitioners ·in certain
proceedings.
section I 70-A or under section 250 in which one of the parties is a Bhumiswami
belonging to a tribe which has been declared to be an aboriginal tribe under
sub-section (6: of section 165, the burden of proving the validity of transfer
thereunder shall, notwithstanding anything contained in this Code or in any
other law for the time bc-ing in force, lie on the person who claims such tranefer
to be v?lid.
(2) No legal practiont>r shall appear, plead or act on behalf of any party
in any proceedings specified in sub-section (!) in which one of the parties is a
Bhumiswami belonging to a tribe which has been declared to be an aboriginal·
tribe under sub-section (6) of section 165 except with the written permission
of the Revenue Officer/Court before whom the case is pending.l
258. (I) The State Government may make rules ge,ncrally for the ·General rule niahngpower
purpose of carrying into effect the provisions of this Code.
-, (2) Jn particular and without pri:ju<lice to the generality of the foregoing
powers such rules may provide for-
{i) the terms and conditiom of service of the President and rnember-s
of the Board of Revenue constituted under section 3:
{ii) the prescription of the duties of Superintendent, of Land Records

and A'!Sistant Superintendents of Larid Records:
(iii) regulation of asses,ment of land revenue 0J1 diversion of land-

to other purposes and imposition of premium nnder section 39;
(iP) a&'lCSsment on unassessed land under section 60;
( (v) form.i tion of surwy numbers and villages under section 68 and the
minimum extent of survey numbcrs comprising land used for
agricultural purp~es;
(11i) division of surve\ numbers into sub-divisions and ~pportionment

of the assc,m,cnt. of imrvey number among the suh-divisions ofa
survey number under section 70;
(vii) prescription of recorcls in ,which arc,, and asses,rncnt of survey

numbers and sub-divisions of survey numbers shall be i,ntered
under section 71;
(viii) the manner of dividing a village into two nr more villages or

uniting two or more villages 111to one or constituting viHage or
alt-,ring the limits of a village unrler section 73:
I. Ins. by M. P. Act 61 of 1976, S. 7.

312 l'HE l\lADHYA PllADESH LAND REVENUE CODE, 1959
(ix; the ne,ces~'try inquiry "hicl, shall be complered and the form in
which and the particulars 11·ith which the proposals for asscssmen•. ,(
rate shall he forwarded under sectioP 77:
(x) the manner· in which notice of assessment shall be given unde1

section 82;
(xi; the manner of iuquiry into the profits of agriculture and into the
value of land used for agriculture and non-agricn ltural purposes
under section 87;
(' ii) the regulation of the conduct of revenue sul\'ey or settlement rn1dcr
section 9 I -A ;] 1
{ ,iii) regulation of division of lands in urban areas into plht numbers,

recognition of existing survev numbers as plot numbers reconstitu-
tion' of plot numbers or form; tion of new plot numbers ~der section
93;
(xfr) tl:e manner of dividing plot numhers into suh-clivisions and

apportioning the ass.,ssmcnt of plot number among the sub-divisions;
and the limits either of area or of land revenue or both in any local
area for recognition of sub-divisio,1s under section 94;
(xv) prescription of records under section 95;
(xvi) prescription of other special purposes undei section 96;
(xvii) the manner of publ.ishing the standard rates under section 97;
( ~11iii) (a) the manner of keeping record of all registered sales and leases
of lands under section 98(1;. and
(b) detetmiti2tion of the average annual letting. value of lands
under sect•())\ 98 (21; L
)
/(xix; prescription of other duties. of patwaris under sub-section (2) of
section 104;] 2
(xx\ prescription of other duties of Revenue Inspectors under section 106;
(xxi) prescription of other particulars under section 107(2);
( .:xii) the prescription of the form of, and the additional rarticulars to le
entered in the papers to be included in the ,ecord of rights under
sectior I 08;
( xxiii) form of acknowledgement to b, given by pat\\ari under section 109;
[(,:xiv) (a) prescr;ption of rrgister under section 110(1) for entering

acquisition of rights reported under section 109; .
(b) prescription of other persons and authorities to whcm written
intimation shall be given under section 110(3);
·(xxv) (a) prescription of other land records under section 114(1),

(b) prescription of fee on the payment of which Rasid Ba~i shal:
be provided under section 114(2) ar.d the prescription ol
of e'ltries which it shall contain;] 8
(xxvi) the regulation of requisition of assistance under section 120;
(xxvii) prep?.tation, maintenance and revision of land records under

section 121 ;
I. Subs. by M. P. Act 16 o,·
1985, 5.5.
2. Subs. by M. P. Act 24 of 1961, S. 19 (il.
3. Subs. by M P. Act 2'i of 1964, S.24 (i·,.
THE MADHYA P~ADESH LA~D REVENUE CC>ijI=., 1~59 313
l(xxvii-a) manner in which objection shall be disposed of by Tahsildar

undei sectiou 123(3) ;)1
(xxviii) (a) specification of, and manner of construction and maintenance

of, boundary marks of villages and survey numbers or plot
numbers under section 124(3); ar.d .
(b) the manner of di5tribution of the cost of construction of new
boundary marks among the holders of lauds· under section
124(4);
(xxix) the manner of demarcating boundary rr.arks bctw<-en a village

rol}d, village waste or land reserved for communal purposes and
tht'" land adjoining it and the manner in which they shall be kept
in repair and renewed;
(xxx) the procedure of demarcating the boundaries of survey numbers,

sub-divisions, or plot numbers, the nature of boundary marks and
the levy of fees under section 129;
(xxxi) the dates on which and the instalments in which land nxe11ue shall
be payable and the persons to whom a~d the places whereat such
instalments shall be paid under section 140;
(.uxii) the form in which receipt shall be given under section 142;
{xxxiii) the regulation of remission or suspension of land revenue under
section 14'4(1);
(xxxiv) the guidance of Revenue Officers in issuing notices of demand

under section 146 and executing the processes specified in section 147;
(xxxv) prescription of the form of application [for grant of annuity, the

time within which such application shall be made)' and the con-
ditions of such grant under section I 60;
(xxxvi) the regulation of reduction of revenue during the currency of

settlement under section 161;
[(xxxvii") • * * * * J3
(xxxvi"ii) prescription of the ceiling limits of land under ,ection 165;
(xxxix) prescuptwn of tht" nianner in which land forfeited under section

166 shaJI be selected and dernareat,,d and land revenue fixed on
land left with transferee;
(xi) regulation of the procedure in disposing of claims to be placed in

possession of a holding under section 170;
[(xl--a) the fo-m and manner in which information shall be notified

to sub-divisional Officer under sub-section {l) of section
170-B:1•
(xii) regulation of grant or refusal of permission to a Bhumiswami for

diversion of his holding or any pait thereof under section 172;
(xiii) regulation of relinquishment of rights by a Bhumiswami under

section I 73;
(xlii1) prescription of the terms and conditions on which a person may

be put in possession of an abandoned holding under s,,ction I 76 (2);
I. In,. by M. P. Act 25 ofl964, S.24 (ii).
2. Subs. by M. P. Act 24 of 1961, S.19(ii), for, "for grant of annuity".
3. Omitted by M. P. Act 25 of 1964, S. 24 (iii).
4. Ins. by M. P. Act L'i of 1980, S.13.
314 nIE MADHYA PRADESH LAND REVENUE CODE, 1959
(;div) (a) regulation of partition of holdings and apportionment of -<

assessment, under section 178(2); and
[(b) * * * * )1
(xiv) guidance of Revenue Officers with regard to applications for

purchase. of right in trees under section 179(2);
r(xfoi) * * * "' )2
(xlvii) prescription of the manner of seletion and dernarcaticn of land
allowed to be resumed. by a Bhumiswami under secti0n 189 and
the fixation of land revenue on it and fixation cf •rent in respect
of land left with the occupancy twant;
. (xlviii) prescription of tr:e

manner and the form in which amount of
compensation shall be deposited by an OC'cupancy tenant payable
to his Bhumiswami under section 190(5); .
[(xlviii·A) prescription of time within which an application under sub-

section (1) of section 191 shall be made;J3
(xlix) the regulation of the procedure in disposing of claims to be placed

in possession of an occupancy holding which has been transferred
under section 197;
(!) prescription of the mann~r of selection and demarcation of land

vesting in the State Government and the fixation of land revenue
on the land reserved by the Bhurniswami under section 198(4);
(ti) the form and the manner in which tl1e receipt for rent shall be
given under section 199;
(lii) the regulation of assessment of increase and reduction in land

revenue required or permitted under Chapter XV;
>
([iii) the regulation of appoinflrent of patels vnder secticn 222(1), the

manner of distribution of duties of the cf!ice of patel "lcere t1'ere
are two or more patels in a village, fixation of rencuneraticn of
a pate!, and prescription of additional duties of pate! under section
224 and his removal from office under section 2'.,.6 and the ap-
pointment of a substitute under section 228;
(liv) the regufation of the sanitation ofvill2€es, th l:uria! cf tl.c unzues

of animals, the protection and foncing of welh, tl c vr leep of vilfa ge
roads and like matters of village self-gcverr.rrent fer villz res r,ct
included within the area of a municipality or a municipal corpor•
ation, or a notified aiea corrmittee or a Grzm Panchayat;
r([v) (a) the appointrr.ent, punfr}rrent, smrensirn nd dimi.sml of
Kotwarn,J
(b) the prescription of the duties 211d rrcce cf mpervisicn of
Kotwars;l•
(lvz) (a) the regulation of procedure for the estrl:li,lrrrnt cf a Cnm

Sabha under section 232,
(b) the manner in which a G1<m SaHa shll uquire, h.c 1d or
transfer property movable 2nd irrrrov2ble, enter into con-
tracts, etc., under section 232(4), and
(•:) sums to be recovered as fees and other inccrres by a Gram -•··
Sabha;
I. 0;,,itted by M. P. Act 25 of 1964, S. 24, (iii).
2, Omitted, ,birl.
3. Ins. bv M P. Act 24 of 1961, S. 19 ( iii).
4. Subs. by M. P. Act 31 of 1982, S.3.
(lvii) prescription of the record to be maintained under section 233;
(/viii) the manner in which the wishes of the villagers sha]l be ascertained
under section 234(2);
(lix) (a) regulation of setting apart of unoccupied land for the exe1cise
of nistar ,righs under section 23 7 (I) ; and
(b) other purposi-s for the exercise of nistar rights wder section
237 (1) (k);
(lx) the regulation of the giant of permjssion for the plantation of fruit
bearing trees and for exerci5e of rights under rection 239;
(lxi) the regulation of the cutting of trees under section 240(1), wd

of control, management, felling or removal of the forest growth
imder section 240(3);
(lxii) prescription of the manner of proclaiming an order published

under section 24 I and regulation of the ft !ling or removal of trees
.theretmder;
(lxiii) (a) the maimer of asce1 taining a11d recordirig the cmtcn,s in regard
to matters specified in section 242(1); and
(b) the manner of publication of record of custcrns under section
242(2);
(lxiv) prescription of the manner of dispornl of sites in the abadi area

under sectiop 244;
(lxv) regulation of fishing, catching hunting or shcoting of anirnds in

villages and removal of any materials from land belonging to the
State Government unde, section 249;
(lxzn) (a) prescription of the form of application under secticn 251

(2); and
(b) the regulation of the use of water frcm tanks under section
251(6);
(lxviz) the regulation of prccedme cf 1!-e Gnrr ~.Ua in calling upon

persons residing in the village to perform lal:cur unce1 section 252;
([xviii) prpscr'ption of standards of cultivr.ticn 2r:d rr.ar.agrn:ent under

section 255; .
(lxix) prescription of conditions for inspect:on 21:d gr,M of copies of
records, maps and land records under section 256;
(lxx) generally for the guidance of Revenue Cfficers and all other persons
in proceedings under this Code;
(lxxi) any other matter which has to l:e or may be prescribed.
(3) All rules made under this section shall be subject to the condition of
previous publication.
(4) All rules made under this Code shall be laid on the table of the
Legislative Assembly and shall be subject to such modifications as the Legislative
Assembly may make.
~-
259. Any reference in any enactment to,- Reference to certain tenures.
[(a) A Bhumiswami or a Bhumidhari in the Mahakoshal region;)!
I. Ins. by M. P. Act 24 of 1961, S.20.

:n6 THE MADHYA
i :,'f.,-1
PRADESH
' -'
LAND REVENUE
-.
CODE,
., . , _,
1959
i (a-i) a pakka tenant, muafidar, i1wmdar or a concessional

holder in the Madhya Bharat region;)JI
(bl a pachpan paintalis tenant, pattedar tenant, grove holder or a

holder of a tank in the Vindnya Pradesh region;
(c) a khatedar tenant or a grove holder in the Sironj region; and
(d) an occupant in the Bhopal region;
shall be deemed to be a reference to a Bhumiswami.

Reference to laws not in force 260. Any reference in this Code to a Central Act which is not in force
in any region iq any region of the State shall in relation to that region be construed as a
reference to the corresponding law in force in that region.
Ezplanation.--For purposes of this sectio11 the expression ''Central

Act" shall have the same meaning as assigned to it in section 3 (7) of the
General Clauses Act. 1897 (X of 1897).
l-l eµeaJ and savinp. 261. The enactments srecified in SclicdLk JI ?r!' hn 1.y rert>,ded to
the extent mentioned in the 4th column thereof:
Provided that tile repeal shall not affect-
(a) the previous operation of any law so repealed or anything

duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued

or incurred under any law so repealed; or .
(c) any penalty, forfeiture or piinishment incurred in respect

of any offence committed against any law so repealed; or
(d) any investigation, legal proceeding or remedy in respect >

of any such right, privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid; and any such
investigation, legal proceeding or remedy may be instituted,
continued or cnforce-d, and any such pt:nalty, forfeiture
or punishment may be- imposed as if this Act ~ad not
been passed :
Provided further that subject to the preceding proviso, anything done

or aay action taken (includu:g ary rules, assessment, appoint•
ments and transfers made, noifications, summons, notices, warrants and
proclamations issutd, authorities and powe-rs conferred, forws and leases
granted, record-of-tights, and other records framed or confinned, rights acqui•
red, liabilities incurred and times and places appointed; under any such
enactment shall be deemed to have been done or taken under the correspond-
ing provision of this Code and shall continue to be in force accordingly ;;uless
and until superseded by anything done or action taken under this Code.
Transitory provwom. · 262. (ll Save as otherwise e}·pressly provided in this Code, all cases
pendin~ before the State Government or any Revenue Comt in any region
immediately before the coming into force of this Code, whether in appeal,
revision, review or otherwise shall be decided in accordance with the provisions
of the appropriate law, which would J,ave been applicable, to them had this
Code not been passed.
(2) Any case pending in Civil Court at the corning into force of this
Code, wl:ich would under this Code be exclusively triable by a Revenue
Court, shall be disposed of by such Civil Court according to the law in force
prior to the commencement of this Code.
I; Re-numbered, by M. P. Act. 24 of 1961. S. 20.
(3) All proceddings under any of the laws described in Schedule III
pending before the State Government immediately before the commence-
ment of this Code shall, on such commencement, stand transferred to the
Board and shall thereupon be disposed of by the Board as if they were pro-
ceedin'gs entertained by the Board under this Code.
Explanation.-For the purpose of this sub-section "State Government"

shall include the Governor, Council of M:inisters or a Minister.
263. (I) If any difficulty arises in giving effect in any region to the Power to remon difficulties.
provisions of this Code, the State Government may, by order notified in the
Gazette, make such provisions or give such directions as appear to it to be
necessary for the removal of the difficulty.
(2) A copy of th~ order passed under sub-section (lJ shall as soon as
may be after it is passed be laid before the Legislative Assembly.
264. Nothing contained in this Code shall apply to a person who holds Code not to apply in certain
land from the Central Government. cases.
SCHEDULE I
(See section 41)
RULES OF PROCEDURE OF REVENUE OFFICERS AND REVENUE

COURTS
ISSUE OF SUMMONS
I. Every summons shall be in writing, in duplicate and shall be signed

and sealed by the Officer issuing it or by such person as he empowers in his
behalf, and it shall specify the time and place at which the person summoned
is required to attend, and also whether he is required to give evidence or to
produce a document.
2 .. Every summons to a party shall be accompanied by a concise state-

ment about the subject-matter of the proceedings.
3. A summons to produce documents may be for the production of

certain specified documents or for the production of all documer:ts of a certain
description in thi, possession or power of the person summoned.
MODE OF SERVJCE OF SUMMONS
4. Every summons shall be served by tendering or delivering a copy

of it to the person summoned personaJly or to his recognised agent.
5. Where the person summoned cannot be found and has no recognised

agent, service may be made on any adult male member of the family of the
person summoned, who is residing with him.
Explanation.~ A servant is not a member of the family within tru'

meaning of this rule.
6. Where the serving officer delivers or tenders a copy of the sununons

to th_e person summoned personally or to his recognised agent or other person
on his behalf, he shall require the signature of the person, to whom the copy
is delivered or tendered to an acknowledo-ment
0
of service endorsed on the
original summons.
7. If service of the summons cannot be effected in the manner provided

;~ _.,1,.. 4,. 5 and 6. a con,, th..,.,-nf •hodd be affixed at the fa.st !r.nown place
J ;;;idence of the ])Ci'Se>rt •,urnmoned or at some place of public resort in such
village.
318 THE MAbHYA PRADESH LAND REVENUE CODE, 1959
. 8, ':\'here a copy of the summons is affixed as provided in rule 7, the

servmg o_ffrc~r shall_ return ~he original copy of the surrmor,s to the Court
fro~ which rt was issued with a report endorsed thereon or annexed thereto
statmg that he has affixed the copy, the circumstances under which he did so
an? the name and tl::e address of the person in whose presence the copy was
affixed and where the copy is affixed at the last known place of residence of
the person ~ummoned the report shaJl also contain the name and address of
the person, rf any, by whom the house was identified.
9. If the person summoned r<"sides in another district the summons

may be sent by post to the Collector of such district for service. '
MODE OF COMPLIANCE WITH SUMMONS

10. Subject to the provisions of the Code whoever is summoned to
appear before a Revenue Officer to give evidence shall attend at the time
and place named in the summons for that purpose, and whoever is summoned
to produce a document, shall either attend to produce it, or cause it to be
produced, at such time and place.
MODE OF SERVING NOTICE

. 11. Every notice shall be served by tendering or delive1ing a copy of
it to the person concerned personally or to his recognised agent :
Provided that, where the recognised agent of the person concerned is

a pleader, the notice may be served by leaving a copy thereof at his office or at
the place of his oridinary residence, and such service shall be deemed to be
as effectual as st>rvice on the recognised agent personally.
12. Where the person concerned cannot be found and has no recogni-
sed agent, service may be made on any adult male member of the family of
the person concerned, who is residing with him.
Explanation,-A servant is not a member of the family within the

meaning of this rule.
13. Where the serving offict'r delivers or tenders a copy of the noti~e
to the person conGerned personally or to an agent or other person _on h~s
behalf, he shall require the signature of the person, to whom the copy is . ~eh:
vered or tendered to an acknowledgment of service endorsed on the ongina,
notice.
14. If service of the notice cannot be effected in the manner provided

in rules 11, 12 and 13 a copy thereof may be affixed at the last_ known _place
of residence of the person concerned or at some place of pubhc resort m ~e
village in which the land to which the notice relates is situate or from which
the land is cultivated.
I 5. Where a copy of the notice is affixed as provided in rul~ 14, the

serving officer shall return the original copy of the notice to th~ officer who
issued it, with a report endorsed thereon or annexed thereto stating that he has
so affixed the copy, the circumstances under which he did so, the name and
address of the person in whose presence the copy was affixed and wl_1ere the
copy is affixed at the last known place of residence of the person nouced, the
report shall also contain the name and address of the person lJy whom the
house was identified.
, I 6. If the person to whom 2. notice is to be served resides in another

die.trict, the notice may be sf'nt hy post to the Collector of such district for
service.
:MODEOF ISSUING PROCLAMATIONS

1 i., Whenever a procl2mation is issued under this. Code, copies then-of
shall be posted on the notice board of the office of the Revenue Officer)ssuing
319
it, at the head quarters of the tahsil within which the land to which it re~ers
is situate, and at some place of public resort on or adjacent to the land to wh_1ch
it refers, and unless the officer issuing it othe,wise directs, the proclamation
shall be further published by beat of drum on or near the land to which it
refers.
ORDER
18. Every original order passed by a Revenue Officer in any proceed•
ings shall contain a concise statement of the case, the points for decision, the
decision thereon and the reasons for such decision.
ATTACHMENT
19. Attachment of movable property other than agricultural produce

in possession of defaulter~ ( l l wl-ere the property to be attached is movable
property other than 2gricultutrc.l produce, in the possession of t1'e defaulter,
the attachment shall be made by actual seizure, and tae attaching officer shall
keep the property in his own custody or in the custody of any of his sub-ordi-
nates and shall bt> responsible for the due custody thereof :
Provided that, when the property seized is subject to speedy and natural
decay or when the expense of keeping it ;n custody is likely to exceed its value,
the attaching officer may sell it at once :
Provided further that when the property attached consists of live-stock,

agricultural implements or other articles which cannot be conveniently re-
moved, and the attaching officer does not act under the first proviso to this
rule, he may at the instance of the defaulter or any person claiming to be in-
terested in such property, leave it in the village or at the place where it has
been attached--
(a) in the charge of the defaulter, or of the station pound-keeper, if any;

or
(b) in the charge of the person claiming to be interested in such pro•

perty or of such respectable person as will under-take to keep such
property, on his entering into a bond with one or more sureties
in an amount not less than the value of the property, that he
wil! take proper care of such property and produce it when
called for.
(2) The attaching officer shall make a list of the property attached
and shall obtain thereto the acknowledgment of the person in whose custody
the pror- erty is left, and, if possible, of the defaulter and of at least one respecta-
ble person in attestation of the correctness of the list. If the property attached
includes both live-stock and other articles a separate list of the live-stock shall
similarly he prepared and attested.
20. (1) Where the property to be attached is agricultural produce,

the attachment shall be made by affixing a copy of the warrant of attach-
ment-
(a) where such produce is a growing crop, .on the land on which
such crop has grown; or
(b) where such produce -has been cut or gathered, on the

threshing-floor or place for treading out grain or the like or
fodder-stack on or in which it is deposited;
and another copv on the outer door or on some other conspicuous part of the
housr in which the defaulter ordinarilv resides or if there is no such house,
..._ on the outer door or on some other conspicuous part of tbe house in which
he carries on business or personally works for gain or in which he is known to
have last resided or carried on business or personally worked for gain; and
the produce shall thereupm1 be deemed to haye passeq. into the possession of
the Court.
(2) _The attaching officer shall make such arrangements for the custody .,,
of the agricultmal produce as he may consider sufficient and also to tend,
ct1t, gather and store the produce and do any other act necessary for matu-
ring or preserving ;t_
(3) The costs incur, ed under sub-rule (2) shall be borne by the defaulter.
21. (I) Where the live-otock attached is not kft in the charge of the
defaulter, the expenses for feeding and watering it shall he charged at such
rate as the Collector may, by general or special order, fix.
. (2) Where the property attached is movable property other than

agricultural produce or live-stock, and is not left in the charge of the
defaulter, the expenditun for its safe custody shall be charged at such rate as the
Cbllector may, by general or special order, fix.
,. (3) The costs incurred under sub-rules (1) and (2) shall be first
charge on the sale-proceeds of the property.
22. The provisions of O.der XXI, Rules 46 to 53 of the Code of Civil

Procedure, 1908(V of 1908) regarding the attachment of the several classes of
movable property dealt with in those rules shall, as far as may be, apply to the
attachement made under this Code.
23. (1) Where the propety is immovabe, the attachement shall be

made by an order prohibiting the defaulter from transferring or charsging the
property in any way, and all persons from taking any benefit from such transfer
or1 charge.
(2) The order shall be proclaimed at some place on or adjecent to such

property by beat of drum or other customary mode, and a copy of the order
sh all be affiixed on a conspicious part of the property and then on the notice
board of the office of the Revenue Officer.
>
(3) The order sha]] take effect as against purchasers for value in good
faith from the date when a copy of the order is affixed on the property and
against all other transferees from the defaulter from the date on which such
order is made.
, 24. (1) If any claim is set up by a third person to the property attached
or proceeded against under the provisions of this Code, the Revenue Officer
shall enquire into the, claim and may admit or reject it.
· (2) The person against whom an order is made under sub-ru(e (!) ~ay,
within one year from the date of tbe order, institute a suit to establish th~ nght
which he claims to the property attached or proceeded against; but subject to
th<!" result of such suit, if any, the order shall be conclusive.
SALE GENERALLY
25. Every sale shall he conducted by an officer or other person _appo~ted
by a general or special order in this behalf and shall be made by pubhc auct10n.
, 26. (1) The Revenue Officer shall.cause a proclamation of the _intended

sale to be made stating the time and place of sale and specifying as farrly and
· acc!:urately as possible-
(a) the property to be sold;
(b) the land revenue assessed upon the land where the
property to be sold is an interest in land paying revenue
to the Government;
(4) the amount for the N1Covery of which the sale is

ordered; and
THE MADHYA PRADESH LAND REVENUE CODE. 19S!) 321
(d) every other thing which the Rcwnue Othcer considers

material for a purchaser to know in order to judge of the
,,a tu1 e and the value of the property ..
(2) A copy of the proclamation issued under sub-rule (I) where it relates
to the sale of any holding shall be sent to the Co-operative Bank and the Land
Mortgage Bank operating within that area in which the holding is situate.
27. The Revenue Officer may, if he considc-.rs this necessary, summo11

the defaulter and examine him with respect to any matters to be included in the
sale proclamation.
28. Save in the case ofpropezty of the kind described in the first proviso to
rule 19, no sale hereunder shall, without the consent in writing of the defaulter,
take place-
(1) on Sunday or on any authorised civil court holiday or on

any day declared as a local holiday for the area in which
the sale is to be held; and
(ii) until after the expiration of at least thirty days from the
date on which the proclamation thereof was made.
29. (I) The Revenue Officer may, in his discretion, adjourn any sale
. hereunder to a specified day and hour and the officer conducting any' such sale
may, in his discretion, adjourn the sale recording his reasons for such adjourn-
ment:
Provided that where the order of the Revenue Officer can be obtained in
time, no such adjournment shall be made without suGh order.
(2) Where a sale is adjourned under sub-rule (1) for a longer period than
fifteen days, a fresh proclamation shall be made unless the defaulter consents
to waivt> it.
(3) Every sale sball bc stopped if, before the lot is knocked down, the
amount due and costs are tendered to the officer ermducting the sale, or proof
is given to his satisfaction that the amount of such due, and costs have heen paid
to the Revenue Officer who ordered the sale.
30. Any deficiency of price which may happen on a resale by reason

_of.the purchaser's default shall be recoverable from the defaulting purchaser as
if 1t were an arrear of land revenue.
31. No officer or othei pITson having any duty to perform in connection

with any sale shall, either directly or indirecty, bid for, acquire or attempt
to acquire any interest in the property sold.
SALE OF MOVABLE PROPERTY
32. (!) Where the property to be sold is agricultural produce, the

sale shall be held-
(a) if such produce is a growing crop, on or near the land on

which such crop has grown; or
(b) if such produce has been cut or gathered, at or near the

threshing floor or place for treading out grain or the like
or fodder stack :
Provided· that the Revenue Officer may direct the sale to be held at the
nearest place of public re,ort, if he is of opinion that the produce is thereby
likely to sen· to greater advantage.
322 TIIE MADHYA PRADESH l.AND REVENUE CODE, 1959
(2) Where, on the produce being put up for sale--
(a) a fair price, in the estimation of the person holding the sale,
is not offered for it; and
(b) the owner of the ,produce 01' a person authorised to act in

his behalf applies to have the sale postponed tiH the nex_t
day or, if a market is held at the place of sale, the next
market day,
The safo shall be postponed accordingly 2nd shall be then completed,
whatever price may be offered for the produce.
33. (I) Where the property to be sold is a growing crop and the crop
from its paturc admits of being stored but has not yet been stored, the day of th~
sale shalJ be so fixed as to admit of its being made ready for storing before the
arrival of such day, and the sale shall not be held until the crop has been cut or
gathered and is ready for storing.
, (2) Where the crop from its nature does not admit of being stored, or
where it appears to the R<"venue Officer that the crop can be sold to greater
advantage in an unripe state, it may be sold before it is cut and gat1;ered, and
the purchaser shall be entitled to enter on the land and to do all that 1s necessary
for the purpOse of tending and cutting or gathering it.
34. ( 1) Where movable property is sold by public auction, the price
of each lot shall- be paid at the time of sale or as soon after as the officer or other
pepon holding the sale directs, and in default of payment the property shall
forthwith be resold.
(2) On payment of the purchase money, the officer or other person

holding the sale shall grant a receipt for the same, and the sale shall bebome
absolute.
(3\ Where the movable property to be sold is a share in goods belonging
to the defaulter and a co-ownrr, and two or more persons, of whom one is such '
co-owner, respectively hid the same sum for such property or for any Jot, the
bidding shall be deemed to be the. bidding of the co-owner.
35. No irregularity in publishing or conducting the sale of

mdvable property shall vitiate the sale; but any person sustaining, any injury
by reason of such irregularity at the hand of any other person 1r2y institute
a suit against him for compensation or (if such other person is the purd:arn) for
the,recovery of the specific property and for compensation in default of such
1-ecovery. ,
36. (I) Where the property sold is movable propei ty of which actual
se;z,Uie has bren,made, it shall .It<' delive1ed to the purchaser.
(2) In the case of any other movable property, the Revenue Officer
may make an order vesting such property in the purchaser 01 as he may
direct; and such property shall vest accordingly.
SALE OF IMMOVABLE PROPERTY

37. On every sale of immovable property the pnson decl~rtd to be
the purchaser shall pay immediately after such declaration a deposit of twenty-
five, per cent on the amount of his purchase money to the omc-er or other
persbn conducting the sale, and ir default of such deposit, the proFer ty shall
forthwith be- resold.
38. The full amount of purchase money payable shall be paid by the
pur$aser within.fifteen daysfrom the date of the sale of the property. ~
39. In default of payment within the period mc-ntioned in rule 38,

the deposit may, if the Revenue Office1 thinks fit after defraying .the expenses,
of the sale, be forfeited to the Government, and the property shall be resold
and ' the defaulting purchaser shall forfeit all .. claims to the property or t9
any part of the sum fo1 which it may subsequently be sold;
THE MADHYA PRADesH• LAND REVENlJECOI>E, 1~9
40, (I) Where. immovable property has been sold .under th is Code,
any person, either owning such property or holding an intextst therein. by
virtue of a title acquited before such sale may, at aryy tune within thirty
days from the date of sale, apply, to the Revenue Officer to have the sale
set aside on his. depositing~
(a) for payment to the pu•chaser, a sum equal to five
percent of the purchase money;
(b) for payment on acc.ount of the nrear, the amount

specified in the proclamation of sale as that fer the
recovery of whic. the sale was ordered less any
amount which m 0•• have Been paid since the date
of the sale on th, tCC'ount; and
.(c) the cost of the sale.
• .{2). If. such deposit is made .within thit ty days from the date of the
sale the Revenue Officer shall pass an order setting aside tl:e sale :
Provided that, if a person applies under rule 41 to have such sale set
a~de, he shall not be entitled to make an applicatioll 1.Ulder this rule.
4J. At any time within thirty days from the date of sale, any person
whose interests are affected by such ;sale may apply to the Revenue Officer
to set aside the sale on the ground of some material irregularity or mistake
in publishing or conducting it, and the Revenue Officer may, after giving
notice to the persons aflected thereby, pass an order setting aside the sale
and may order resale; but no sale shall be set aside on such grouhds unless
the applicant proves to the satisfaction of the Revenue Officer that he has
sustained substantial injury by such irregularity or mistake.
.. 42. Except in a case where land has been sold for arrears, which
f'orm a charge on the land, the purchaser may, at any time within thirty
da)ll!from the date of sale, apply to the Revenue Officer to set aside the sale
on the ground that the defaulter l,ad no saleable interest in the propertY
sold and the Revenue Officer shall, after due inquiry, pass such orders on
such application as he deems fit,
43. Nn resale under rule 41 shall be made until a fresh procfomation
has been published as laid down in rule 26.
·44:On the expiry of thirty days from the date of sale, 1f no application
has been made under rule 40, 41 or 42 or if such application has been made
and rejected, the Revenue Officer shall pass an order confirming the sale :
PrOV!ded that, 1f the Collector has reason .to think that the sale ought
to be set as,d_
(i) notwithstanding that no such application has been made; or
(ii) on grounds other than those alleged . in any application

which has been made and rejected; or
(iii) notwithstanding that a period of thirty 'days from the

date of sale has expired;
he may, after recording his reasons in writing, set aside · the sale at any time
before making an order confirm:ng the sale.
.45. (1) If no application under rule 41 is made within the t:me allci-
wed therefor, all daims on the grounds of. irregularity or mistake shall' be
barred.
·• . (2) Nothing in !IU~rule (1) shall bar the institution of a suit in the
Ctivil Court to St't aside a sale on the grOlind of fraud or on the ground that
the arrear for which tFe property .is sold is fi(?t due or on . we ground that
the defaulter had no saleable intereit in the property sold. · ,
TH£ MADID A PRADEsH LAND R.EVF<.NUE CODE, 1959
46. If the sale of any property is set aside under rule 40, 41,42, or 44,
the amount of purchase money deposited by the purchaser shall be refunded
to him.
CERTIFICATE OF PURCHASE AND DELIVERY OF POSSESSION
47. If the sale of any immovable property has been confirmed, the
Revenue Officer shall grant a certificate to the purchaser specifying the date
on which the sale is confirmed, the property sold, and the name of the pur-
chaser and shall put the purchaser in possession of such property.
4fJ. (1) Where the purchaser is resisted or obstructed by any person

in obtaining possession of the property, he may make an application to tht-
Revenue Officer complaining of such resistance or obstruction.
(2) The Revenue Officer shall fix a date for investigating the matter
and shall summon the party against whom the application is made to appear
and answer the same.
49. Where the Revenue Officer is satisfied that the resistance or ob-
struction was occasioned-
(a) by the defaulter or some other person at his instigation; or
(b) by any person in the case of a purchase ofland sold for

arrears of land revenue due in respect thereof;
he shall direct that the purchaser be put into possession of the property.
50. Where in any case to which rule 49 does not apply, the Revenue
Officer is satisfied that the resistance or obstruction was caused by any person
claiming in good faith to be in possession of the property on his own account
or on account ofwme person other than the defaulter, the Revenue Officer >
shail make an order dismissing the applic~tion.
51. (I) Where any pe1son other than the defaulter is dispossessed of
immovable property by the purchaser of such property, he may make an
application to the Revenue Officer complaining of such dispossessioc.
(2) The Revenue Officer shall fix a date for investigating the matter
and shall summon the purchaser to appear and answer the same.
52. Where the Revenue Officer is satisfied that the applicant was in
possession of the property on his own account, or on account of ,ome person
other than the defaulter, he shall direct that th<" applicant be pt,t into posse-
ssion of the property.
53. Any party not being a defaulter against whom an order is made
under rule 49, 50 or 52 may institute a suit to establisb the right which he
claims to the present possession of the property but subject to the result of
such suit, if any, the order shall be conclusive.
COMMISSIONS TO EXAMINE WITNESSES
54. Any Revenue Officer may in · any proct"edings issue a commission

for, the examination on interrogatories or otherwise of any person who ii
exetnpted from attending the court or who is from sickness or infirmity unable
to attend it. .,...
55. An order. for the issue of a commission for. the . exan1ination of a

witness may be made by the Revenue Officer either of his own motion or. on the
application, supported by affidavit or otherwise, of any party to the pro-
ceedings or of the witness to be examined. · · ·
THE MAli?RYA PRAPESH LANDRBVENlJ£'.CQOO, 11.m'
56. 'Any Revenue Offteer may, in any proceedings, issue a commissjon

)<- for the .~ami.n.ation of-
(a:• any person resident bcyor.d the l0cal limits of his jurisdic,tion;
(b) any person who is about to leave such limits before the date'c;,
which he is required to be examined in court;
; ',
<'' J. any pcrsov in the service of the Central or the State GoYernmc,,t
who cannot, in the opinion of such Revenue Officer, attend
without detriment to the public service,
57. (1) A commission for the examination o[ a person 1La,· be issued

to any person whom the Court thiuks fit to execute; it, or ,o any other Revcni;e
Officer who can conveniently examine such person.
(2) Every Revenue Officer receiving a commission for t!->e examir,atio,,

of any person shall examine him or cause him to be examined pursuant thereto.
(3) The Revenue Officer or. issuing any commission under this rule shall
direct whether the commission shall be returned to himself or to any Revenu•·
Officer subordinate to him.
58. Where a commission has been duly executed, it shall be returned,

together with the evidence taken under it, to the Revenue Officer by whom' it
was issued, unless the order for issuing the commission has otherwise directed,
in whic\.,case the commission shall be rctnrncd in terms of such order; and the
commissi;m and the return thereto and the evidence taken under it shall
(subject to the provisions of the next following rule) form part of the record 'of
the proC!"<'dings.
59 Evid!"rce taken under a commission shall not be read as evid,i,rJ.h,

in the proceeding without consent of the party against whom the same is offerdd,
unless- ,
(a) the person who gave the evidence is beyond the jurisdiction' of
the court, or dead or µnable from sickness or infirmity to
attend to be personally examined, or exempted from personal
appearanc~ in Court, or is a person in the service of the Central
or the State Gov,:rnment who cannot, in the opinion of the
Revenue Officer, attend without dcteriment. t() the pu.\>lic
sen·,ce: or
1
(b) the Revenue Officer in his discretion dispenses, with ) th~
proof of any of the circumstarccs mentioned in clause (a) and
anthorises the evidence of any pcrsor being read as evidence ,in
the proceedings, notwithstanding proof that the cause for taking
such evick_·tce by c,ommission b3.s t~eri-c:ed .'.:!t thr time ofre2Lling
the same.
60. Before issuing any comm1ss1on under these rules, the Reve.nue 1
Officer may order such sum (if any) as he thinks reasonable for the ex·pe1~ st'll
of the commi,sion to be, within a time to be fixed, p,'.id by the party at whoec
insta:-ice or for whose benefit the commissio:1 is issued,
61. (!) The provisions of this Code relating to the summ~11ing,

attendance and examination of witnesses, and to the remuneration of, and
penalties to be imposed l!pon witnesses, ·shall apply to persons requjred tc:,: :give
evidE'ncc or to produce doc1ments under these rules and for the purposes of
this rule the Commissioner shal! be deemed to he a Rtvenu<' Court,
(2) A Cornmission<'r mc,y ~pply to c,ry Revenue Officer within tr,<' local
limits of whos<" jurisclictio• 1 a witr:ess resides for thr. issue of 2.:1y process which he
may find it necessary to issue to, or against, such witness, and such Revenue
Officer may, in his '.liscretio'l, issue such :,rocpss as he considers reasonable' and
proper.
fflE MADHYA PRADESH LAND REVENUE CODE, 1959
62. (1) Where a commission is i.sued under there rules, the Revenue
Officer shall direct that the parties to the proceedings shall appear before the
Commissioner in person or by their agents or plrnders.
(2) Where all or any of the part'es do not so appear, the Commi~ioner
may proceed in their absence.
PROCEEDING BY, OK AGAINST MINORS AND PERSONS OF

UNSOUND MIND
'63. Every application by a minor shall be filed in his name by a person
acting as the guardian ofthc minor.
64. Where the non-applicant is a minor the Revenut; Officer, on being

~atisfied of the fact of his minority, shall appoint a proper person to be the
guardian of such minor for the purpose of the proceedings.
65. Any person who is of sound mind and has attained majority and
whose inte1est is not adverse to that of th<: minor may act as guardian for a
minor party in the proceedings.
66. In the case ,-:here a non-applicant is a minor and the guardian

a.ppo:inted has 110 funds 10 meet the necessary expr·nses, the Revenue Officer
may direct the applicant to deposit a sufficient sum for the purpose. The
r,nsts so incurred by the applicant shall be adjusted in accordanc{' with the
, final order passed in respect of the costs.
67. (!) No guardian shall, without the leave of the Revenue Officer,
expressly recorded in the procfedings, enter into any agreement or compromise
on behalf of a minor with reference to the proceedings in which he acts as his
g11.ardian~
(2) Any such agreement or comp1omise entered into without the leave
of the Revenue Officer so recorded, shall be voidable against all parties other
_than the minor.
68. The provisions contained in rules 63 to 67, shall apply mutatis mutamdis
to _ persons of unsound mind. >
SCHEDULE II
(See se,twn 2611
---------------------------------
Year Number Short title Extent of
repeal
, {i) (2) (3) (4)
l'l42 \'I The Ccnral Provinces and Berar Hindu ½'omen's The whole
Rights to Property (Extension to Agricultural
Land) Act, 1942.
t955 II The Madhya Pradesh L:nd Revenue Code, !954.
1957 VI TheMadhy::i Pradesh Creation of Commissione,-s

Act, 1957.'
l931 I Indore Land Revenue and Tenancy Act, 1931.
~194(1-41 Barwani State Resolution No. 67.

i ,, "
. 1941 VIII Indore Restitution of Pattadar Tenants :Mott- ,.
gaged Land Act, 1941 .
19+1-+2 Dhar Land Revenue and Ten.mcy Act, 1941-42 ,,

Qawayad Tarashi wa Ataya Chakook Parti
Qabil Kast Gwalior, Samv:11 1983.
l 194!'.\ 25 Macll1ya BharatJagir Land Records Manage-

ment Act. Samvat 2006.
THE MADHYA PRADESH LAND REVENUE mDE, ·1.959 327
2 3
Jy------------------------------
1949 26 ~iadhya BharatJagir Tcnanis Restoration, f 'Ihe whole
Land Act, Samvat 2006.
1950 66 Madhya Bharat Land Revenue and Tenancy ,,
Act, Samvat 2007.
1954 32 Madhya Bharat Muafi and Jnam Tenl'nts and ,,
Sub-tenants Protection Act, 1954.
1955 29 Madhya Bharat Ryotwari Sub-lessee Protection
Act, 1955. ''
1946 The Rewa State Pre-emptior> Act, 1946. So fur as it.
relates ·to
agricultural
lan<k i
1955 III Vindhya Pradesh Land Revi,nue and Tenancy . The wholt'
Act, 1953. '
1932 IV The Bhopal State Land Revenue Act, 1932.
1953 VII The Bhopal State Sub-Tenants Protectior: Act,
"
,,
1952.
1955 I The Bhopal State Sub-Tenants (ol Occupants)
Protection Act, 1954. "
1951 1 The Rajasthan Revenue Com ts (Procedure and
Jurisdiction) Act, 195]. "
1952 V The Rajasthan Public Demands Recovuy Act,
1952. "
1953 XIX The Rajasthan Lands Surnmary Settlement Act,
1953. "
1954 IX The Rajasthan Rent Rates Dt:termination and
Validation Act, 1954. "
1954 XXIV The Rajasthan Holdings (Consolidation and
Prevention ofF1agrrwntation) Act, ]~. "
1954 XXVIl The Rajasthan Colonisation Act, 1954. .,,
1955 3 The Rajasthan Tenancy Act, 1955. ,,
1956 15 The Rajasthan Land Revenue Act, 1956.
"
1956 16 The Rajastban Review and Validation ~f:R.ent
Rates (Revival) Act, !956.
SCHEDULE III
[See toe lion 262 (3)]
NAME OF LAW
(1) The Indore Land Re.enue and Tt-nancy Act.

(2) Indore Jagi.rdar Manual.
(3) Qawaid Jagitdaran, Gwalior.
(4) Qawaicl Mnaficlaran Jauzwe Arazi Riyasat, G,.vaJior.
(5) Jagir and :Muafi Rules of the Rajgarh Stlltr.
(6) Dhar Land Revenue Act.
(7) l\foafi Rules ofthe Dhar State.
(8) Inam Rules of the Dcwas (Senior).
(9) Land Revenue and Tenancy Act of Dewas (Junioi,).
(10) Muafi Rules of Dewas (Junior).
(11) Q,.waid Muafi Rules of the Jhabua State.
(12) Nazrana Rules ofthe Barwani State.
I
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'lNTn m@t, ~-slm.
611
612 . 0'ctJ<1 11~ m, ~ 3 ~ 2002_
{§>jlfPI~ dlf~
( ~ 31 m_2002)
'llffil Tf'lRf"I if; 53~ <ltf if 0'ffi€'1~ fci'IR-~ &RI F11-if<.tfoM "'-q if <!l, ~
m,-
~ 31f~ 'fil m'"itll 17'< 0'ffiB 11~ 'i_-m ~ (ffl'R) 31f"lf.i,rq (:;n. 31 <f'l
2002) %_
um 2 <1 )(<t-1 )if 2. 0-cilM~ 'i-m~, 1959 (~2om_ 19s9) -;;ft~~'@alf"-!R<llli\>'llll.tfcif.tf<fu

3Rf;..,f,..i. i c!il "!.!RI- 2 c!il6'1"!.!RI ( 1 ) if; 1l!"6 (<!-1 ) -il 'llf<@ ( <!lo) i\;~f1'"1fo1foia !lfclfuzj 3RI: ~
. c!iT -;;mt 3T'ffil. :-
" ( 3ffi!) ~I ililfi:lf>lf<'t'-11 (~

(-ll) - f'l311'11~'11 qF(fcllfuill (~)
(G<'I) 2F4~fo.'-11 - ~ (~)
(-n;rmr) sl!f1Pl1$l<i i't<1'fl4il1$<?11'1 (~
("1.1TW) ~ 3lR41R'li (~)"
um239-if~- 3. (~) . '@ 31f"lf,f>lllc!il "!.!RT 239 i\>1lW'f ,m$f; "~Wei '!fl if "{lf<fcl'li<'fim ~zj'j am 3f<!
'l&i'f 'I< 31f'ffil<:" i\> <"IR "" 'l<!l 1lW'! ,m$n " ~ wa '!fl 'llol '!fl o'l1 ~ ~1
*
w: ~ oitr<1 if ilfur 'li<'IGR 'lzj'j am 3f<! 'l&i'f 'I< -m'ffil<: ••~ ~ "IF!.
(zj) '-lR1 239 c!TT6'1"!.lRT ( 1 ) am ( 2 ) if ~Wei 'Wl-i\;~" 'llol '!flo'l1>i4~/W'.
~ qi; -a/lIB'' ~ '"1Ts-
um 239 "i!lil o<IUlU 4. '@ 3TI"-!R<lll c!iT "!.!RT 239 c!iT 6'1"!.lRT ( 5) if; "1'1"11<1_ f1'"lf<'tf©d d"!>TIU 3RI: ~ c!iT SJITTt
( 5) ~ ~ 3Rf: 3T'ffil. :-;-
5. 'I, ~ 'llol 'WI iR:, ~"" cf'! m~ -mm1<1'1, 19so c19so 'fil ~ 69 J *m~
<'!T'l 'llif mat ' l ~ *~~~"I'¥ ~ ;;rJ ~ -
s. <l! ~~iw:~i\>ffl"R'lll;lRf'lUl~'l>U( f.w11fo:a f<f>1TT;;ri~. q;m l\!Wll<!T

~<>tlnf~'ifiT~~- W:~-;\;oflf(1c!TT '!fl"Ro'll~ 'WJ:<R'Ufur<J:an
in: ~ 'if'l"'"'"1 -m'ffil<: T<;_'J9 'llif m. q;m l\lWll <IT~ "'1Uf~ 1J:l!:TI. *
*
'llTllf!ffiR ~ .mrr. .
612 (I)
s. ( 1) 'l<" ~ <iii mu 241 <ii\ o11mu ( 4) 1l W'G " ~ ~ ~ " ,i; fl!ll'I "R "Wq um 241 if minR.
~ ~" ~ ~ omt.
(2) 'l<" ~ <iii mu 241 <iii 6'!tlro (s) ~ atcr ll° f1"lf<1f&rj ~r,,:: 3Rl: ~ ~
~ 31'-ffil. : -
" o>mtl ~"'-'lfu;~,w a:N~<fil~<fil~llaJlt ~ 1 , I U 31'fTT 'lfi!<n!~

~am~ ~zj'j <li'r ~~u!R<11 ~ u!R 'f;'q;lj ~'q;ljc::BR"J '!.cl !\f,lf-
r~ m ~m 31ftl<n!U ~ ~tl<f>IU <iil fufu:o ~ ~- ••
~ . ~ 7 ~ 2002 •
~7017/21-31/lll.s'lUl/2002.-'lR<!~W<l'lR~ ~ 348 ~"@JG (3) ,i; 31Jffi"l ll ",hil<l•i~ i_-m-tjfuoJ

(mi\'!'!) ~ . 2002 ( ~ 31 ll'I_ 2002) <nl am;;fi ~ ~ ~ mf>Jq;R ~ ~ ~ fl!;,:n-"'lf@T t
0'01<l•i~ ;i,_~~'11"'! ~ <I'll 311~~11:J.'1H,
VilTff mro, o'l-m<-1.
CHHATIISGARH ADHINIY AM
(No. 31 of 2002)
CHHA TTISGARH LAND REVENUE CODE (AMENDMENT) ADBINIYAM, 2002
. ~ An Act to amend the Chhattisgarh and Revenue Code, 1959 (No. 2o of 1959).
~
Be it enacted by the Chhattisgarh Legislature in the 53rd Year of the republic of India as
follows:-
I. (I) This Adhiniyarn may be called the Chhattisgarh Land Revenue code (Amend- Short title and Com-
ment) Adhiniyam, 2002. - mencemcnL
(2). It shall come into force from the date of its publication in the Gazette.
2. After entry (vii) of clause (Z-1) of Sub-section (1) of Section 2 of the Chhattisgarh Land Insertion in section 2
Revenue Code, 1959 (No. 20 of 1959), (Here in after referred as the Principal ·Act) the (l)(Z-1).
following entries shall"be inserted, namely : -
(viii) Adina cardifolia (Haldoo)

(ix)
(x)
Mitragyna parviflora
Terrninalia arjuna
(Mundi)
(Arjun)
I
-: (xi) Diospyros melanoxylon (fendu)
(xii) Gmelina arborea Kharnhar)
3. (I) In Section 239 of the Principal Act, for the previous marginal hI,ading "rights in Amendment in Sec-
fruit bearing trees planted in unoccupied land" the marginal heading "rights in Hon 239.
fruit bearing trees and other trees planted in unoccupied land and Bliata Land.and
Bade Jhad/Chbote Jbad Ka Jungle" shall be substituted.
(2) • In Sub-section (I) and (2) of Section 239 after the words "unoccupied Land"
wherever it occurs the words "and Bhata Land and Bade Jhad/Chhote Jhad Ka
Jungle" shall be added.
612 (2)
Insertion after Sub- 4. After Sub-section (5) of Section 239 of the Principal Act, the following Sub-section shall be
section (5) in Section inserted, namely :- ·
239.
"(5. A) Permanent lease for such Bhata Land, on which the provisions of the Forest, Con-
servation Act, 1980 (No. 69 of 1980) shall not apply may be granted.
(5. B) An agreement can be executed for plantation on Bade Jhad/Chhote Jhad Ka Jungle.
No bhumiswami right shall accrue to the agreement holder or of his/her heir of the
Land of Bade Jhad/Chhote Jhad Ka Jungle and on the trees planted on the above
land. The agreement holder or his/her heir shall be entitled to only usuftuct of the
trees"
Amendment in Sce- 5. (I) In the Sub-section (4) of Section 241 of the Principal Act for the words "One
t.ion 241.
thousand rupees" the words "Five thousand rupees" shall be substituted.
(2) At the end of Sub-section (5) of Section 241, of the Principal Act, the following·
words shall be added, namely : -
"However such person shall be required to get his land demarcated by the
competent authority and to inform in writing the Revenue Officer and Range Forest
Officer having Jurisdiction atlcast 10 days before felling of removal of such trees"
- .
- :2.s-
H~~~ ~ "ffi;
~~~-~ (fiAT ~
- WR) ~~q ~ ~.
~- 2'-22-e'd1e11~ ~38 ra. ~-
~ . ~30-5-2q01."
( 3ifll'-li<UI )
~ ~ \I qi Ift,1 d
sfiqrcfi 121] ~ . ~ . ~ 9 ~ 2003-~ 19, l1cfi 1925
~.~9~2003
sfiqrcfi 3141121-~03.-e'dle11t; ~ ~ <fiI

Ri.:t@f&a on~Rqq ~ ~ ~ 3-s-2003 cfi1 o;;qq1ei 1'11
~-srml)~t. ~ ~ q f t ~ ~ f f l l { ~ ~ ~ t..
elffl(-fllq *~ ~ ';fl1l ~ atll a:11~~11:l(-U(,
-,: .
w. 1ft'. ijj\ijqfft, "a"q-~.
239
240
@~~Vlf4 3lf~ ·
(sfilWfi 11 ~ 2003)
1. ( 1)
. -
2. @~lfl'lf4 ' 1 ; - ~ ~ , 1959 (~. 20lr-(19S9), s i l l ~ ~ ~ ~ ~ 1 1 l l ~ ~ t ,
qft ~-3 ~ ~ 1:f{ f'li..j11:a,< ·"'rct~,fqa ~ ~ :-
( 1)
(2)
,, 10 ( 1) l{. ~. ~~~~~31 ~2002cfil~~a:@lffi~-i@ffl~i'I<;

. w;q"B~~~. ~iz.ci ::t1fcft1icfi1~~~1f5r(f?.llaR~
ctii4cllfutii @41:a•l~ ~~ct! 3R1mfli'AT~o?.Uwfl'~ f<:tf-tniitd ~~.
(2) ·~~arn:~t-WW~23~2002<f>llfftm~~~
™ ~. ~~ ~ !f!Fcidl<M *~ ~ ~ ~ ~ ~ q;p.fcuf~lli
~ ~ cfiT 3Rffur +1Ffi' ~~WIT~ fqR~d qft qpl,ft.
~~itiatcrifo~~~arn:~~~22~2002,·
~ ~ ~-1% ~ ~ cfil cfiR1Tm!;f "q ~ q i l ~ ~ fqf1:tif'41,
i.fil4otlfiMl rl~I fliitif-41.H ·~ ~ ~ 'tfFft ~ . 0 ' J
I
4.
- < 7;_
9ijj~i1~ ~ , ~ 9 lit 2003 · 240(1)
10. (1) - ~ "1RT 44 cfi1 ~ ( 1) %lR <~ -il ~ " ~ " ~%~tR WciiG 11m·44 if~
~ " ~ ~ " S1RH"41fqa r~~-
(2) ~ ,tt ~ 44 cfi1 ~"lRT ( 1) %~ (a) i f ~ " ~ ~ , . ~ c6J ffi
Ffiltf~.
(3) ~cfil "1ro 44 cfil~ (2) it;~(~) 1l~" ~"~~~tRWciiG

··~~••fct;-q~,
\.
J
- (4) ~efi't mu 44 efi't~ (2) %.1§U5 ('i!R) <tnffi~~.

~
11. ~cfftmu41if~<~)c6J~m~. URl'47 if~
12. mtffi cfft !TRI 49 ~ ~ ( 3) %~ "Cl<. fi,::111~!< Slfofl!.IINd FfilU ~ :- Qm'49 ifmi\'IR.
,~
H(3) ~cf,1, ~~ aqtjljjd m, WR~~ ~ ~ u ~ ~ ~ ~ f c f ; .

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~"~cfiT~Ffi'lff~.
(2) mmIT <fit Jmf 50 <ITT~ ( 1) ~ 1Rg,qi %~ ('l'(qi) cl;ott@1>5 (ll) i f ~ WciiG
••~~••~,wd~••~~••~q;r~fci;:qr~.
(3) ~<6T'fl"USOcfIT~(1)%.%WTs(~)if~~~H~~tl
~~~··~"llf''~q;J~~~-
(4) ~ limr. cfIT lTIU 50 <fil ~ ( 2) % ~ (~) i f ~ W<iG " ~ { " ~ i:tre
"SJ~''~ "lIT'' ~ !iil ~ITT~-
(5) w~<fft mu so . t r ~ ( 2) °%WUs (~) if~~"~ an~"~%~

, ~"~"ll'f"~clil~~~-
.,
• (6) mtalcfil mu SO q f t ~ ( 2) ~'«0-€ (-aA) i.f ~"~$rar ~ " l ~ t " ~
~~··~•·am~•·~~··t-fi~'·~"l;l··~~
~ f<1i"lIT ~.
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(7) mtmchl'¥TTU50cf>1~(2)%r¥6(~)if~"~~"~%~
~"~'-TT" ~cf.l~f.l,lrr~.
14. "tjfumqft ~ 51 cf.l~lRT (1) ("Q;"F,) if~~"~ ~"ll~T."~fi 8'1US1 if~.

~··~··~cfiT~Fifi"lJT~.
..,,_.,.
-".:•·-
':'~
- -:-2.&-
240.(2)
Qffl114-lpl~ 15. (1) ~ ~ ~ 114-°Q; "$"1f'{ ffl ~ l t ~ II ' f _ - ~ ~ ~ ~ t t "$" ~ .

l!l:-Fllffl~''~~tt~~~-
(2) liftcrJ<tft ~ 114-V:cf>l~ (1), (2}~ (3) lt~cf>ITT~"'l.-~~

~ ~ • t awJT'ID~~~l!l:''~~··~~~-
~.~9~2003
~ :,141121-3l~to3.-'lffir t- ' t i ~ ~ ~ 348 ~ ~ (3) ~ ~ 11 0-d\e•1~ 'f_-m ~

(ffl~) ~ . 2003 (sii. 11-e,_2003) qi'(~~~t-w~~~~~,jf@Jt f-
@'ffi{-1•1~ ~ ~ "$" ~ ~ <ltll all~ltllj{-11(,

'ffl. -aft. diiNt<lift, o'Cf-~.
CHHA1TISGARH ACT
(No. 11 of 2003)
CIHIATIISGARH LAND REVENUE CODE (AMENDMENT) ACT, 2003·
An Act to further amend.the Chhattisgarh Land Revenue Code 195~ (No. 20 of 1959).
:Se it enacted by the Chhattisgarh Legislature in the fifty-fourth year of the Republic of India
as follows : -
Short 'Jillc and Com- 1. (1) This Act may be called the Chhattisgarh Land Revenue Code (Amendment) Act,
mencement. 2003.
(2) It shall come into force from 23rd November 2002 (Twenty third November Two
Thusand Two).
Amendment in Sec- 2. Section 3 of the Chhattisgarh Land Revenue Code 1959 (No. 20of 1959) (Hereinafterreferred
tion3. .as the Code) shall be substituted by the following:- ·
( l) There shall be a Board of Revenue for Chhattisgarh having a President.
(2) In addition to the President, the State Government may appoint as many members
as it may deem fit.
Substitution ol' Sec- 3. Section 10 of the Code shall be substituted by the following. : -
tion 10.
"10 (1) All appeals, applications for revision, review and other proceedings under the
Code pending before the Board of Revenue of Madhya Pradesh, relating to the
State of Chhattisgarh on 31st October2002 shall stand transferred to and, be heard
and decided by the Board of Revenue of Chhattisgarh. ·
(2) All appeals, applications for revision, review and other proceedings under the
Code pendin_g as on 23rd November, 2002 before the Commissioners and
Additional Commissioners, shall stand transferred to and, be heard and decided by
the Board of Revenue.
: .:~. -~.. Provided that all bona fide decisions, proceedings and actions taken by
:· ... the Commissioners or6e Additional Commissioners appointed under the Code
after the 22nd November, 2002 till they relinquished offioe, shall be deemed to be
. ·i.,. legal and valid.
r .:
- .2.9-
. 240(3)
4. · The following words appearing in Section 11 of the Code shall be omitted : - Amendment In Sec-
tion 11.
Commissioner (including Additional Commissioners);
5. Sub-section (2) of Section 12 of the Code shall be omitted. Amendment In Sec-

tion 12.
6. Section 14 oftbe Code shall be omitted. Amendment In Sec-
tion 14.
7. Section 15 of the Code shall be omitted. Amendment In Sec-
tion 15.
8. Sub-section (2) of Section 29 of the Code shall be omitted. Amendment In Sec-
tion 29.
9. The words "Commissioner, a "appearing in Sub-section (2) of Section 30 of the code shall be Amendment i11 Sec-
omitted. · · tion 30.
10. (1) In clause (e} of Sub-section (1) of Section 44 of the Code, for the word Amendment in Sec-
"Commissioner" the words "Board of Revenue" shall be substituted. tion 44.
(2) In clause (g) of Sub-section (1) of Section 44, of the Code the word "Commi-
ssioner or the" shall be omitted.
(3) In clause (i) of Sub-section (2) of Section 44, of the code for the word "Commi-
ssiQner" the words "Board of Revenue" shall be substituted.
(4) clause (iii) of Sub-section (2) of Section 44 of the code shall be omitted.
Amendment in Sec-
11. .Sub-section (b) of Section 47 of the Code shall be omitted. tion 41.
12. Sub-section (3) of Section 49 of the Code shall be substituted by the following : - Amendment in Sec-
tion 49.
"(3) After hearing the patties, the Appellate Authority may confirm, vary or
reverse the order appealed against; or may take such additional evidence as it may consider
necessary for passing its order.
Provided that the Appellate Authority shall not remand the case for disposal by
any Revenue Officer subordinate to it."
13. (1) In Sub-section (l} of Section 50 of the Code the words "or Commissioner" Amendment in Sec-
appearing before the words "or the Settlement Commissioner" shall be omitted. tion SO.
(2) In sub-clause (c) of clause (i) of the proviso to Sub-section (1) of Section 50 of the
Code, the words "Commissioner or" appearing before the words "the Settlement
Commissioner" shall be omitted.
(3) In clause (ii) of the proviso to Sub-section (1) of Section 50 of the Code, the words
"Commissioner or" appearing before the words, "the Settlement Commissione,."
shall be omitted.
(4) In clause (i) of Sub-section (2) of Section 50 of the Code, the words "the Commi-
ssioner or" appearing before the words "the Settlement Commissioner", shall be
omitted.
(5) In clause (ii) of Sub-section (2) of Section 50 of the Code, the words '.'the Commi-
ssioner or" appearing before the words "the Settlement Commissioner." shall be
omitted.
(6) In clause (iii) of Sub-section (2) of Section 50 of'the Code the word "Commi-
ssioner" appearing before the words, "Settlement Commissioner," and the words
"the Commissioner or" appearing before the words •the Settlement Commis
sioner" shall be omitted. .
,..._ ... ,._

-so-
240 (4)
(7) In clQUse (iv) of Sub-section (2) of Section 50 of the Code, the words "the Com.mj.-
ssioner or" appearing before the words "the Settlement Commissioner" shall be
omitted.
Amendment in Sec• 14. In clause (i) of the proviso of Sub-section (1) of the Section 51 of the Code the word "Commi-.
tion5i. ssioner" appearing before the words, "Settlement Commissioner" shall be omitted.
Amendment in Sec· 15. (l) In Section 114-A of the Code, for the marginal heading "Bhoo Adhikar Avam Rin
tion 114-A. Pustika" the new marginal heading "Kisan Kitab" shall be substituted.
(2) In Sub-section (1), (2) and (3) of Section 114-A of the Code, for the words "Bboo
Adbik.ar Avam Rin Pustika", wherever it occurs the word "Kisan Kitab,.,shall be
substituted.
,,
,1
•
. ~"-~.
.
. .
l
I
"~-.ltR ;i,- 3Rl'fcl ~ ~ ~ ,. 01:11e 11<;1~1

~ ;i,- "'fTIG ,y@A ( flr-11 ~ m. an.~1712002."
~ ) ;i,- ~ tg ar:prn.. l!ilN
-;;ft, 2-22-\§ffl\1'1% rr.g/38 fu. '\';,
~ . ~ 30-5-2001."
( 3ifU~l~OI )
QIMchl~ ~ QcfilWlct
l!ilN 101 J ~ . ~ . ~ 20 ~ 2005-~ 30, ~ 1927
Mii- am~ <fiT4 ~'IWT

tj,ij~4, ~ <fi<f!ljOj f~ 'qcR, ~
~.~20~2005
l!ilN 4515/21-31/l!WIVl/04. 0t1IWI% ri!lw-i ,NT"'' f~Hf<'lf&d ~ ~ 'R ~ 11-5-2,c':l5 ~ (l"'lGii.'1 "ffi
3l:!'ffil '!ITT! m'!!"'1 t ~ ~ "!il ~ ;i,- ~ ~ f<ml .nm t.
0t1i@% ;i,- ~ ;i,- 'Ii'! '\'l <I'll 31i~Wj\iR,

11A 'UiR. °"'-fflcl.
201
j
202
0ffi~•I~ -m'~
. ( WIWli 6 WI_ 2005)
~ an~ q;i me.ra ,11'! 0,,1\.1•1~ ' l - ~ ~ , <liWA) an~, 2005

( W1W1i 6 WI_ 2005) %_
2. 0,11\.111<! 'l-~~.1959 (WIWl>20W!_1959) (;;rr~~w,mi_~'<);,Tl'lftffil?

't) <1>1 mu 44 <1>1 ~ (2) t"<'IA ~ f.l'1f<1f<s10 o11mu~ M '"1't, 3lajq_ :-
'' (2) ~ ~ ' < I ; fwliir ~ ~ 3lero!T ~ 3ltW! <Rll; ll1l: f.r'l'li '<); 3ltW!, ,!WI
3lq@ it 'lITT<I ~ ~ t-~ftm,;r 3llm'I-
(~) ~~ 3l$r ~ an'!fq;f(l mu 'llfto M '1'l1 t-<il ~ <nl;
<~) ~ ~ 3!$!'~ mu 'llfto M '1'l1 t-m 1111~ff~;

,
<<IA) ~~ a:im, .. '<:) .. "" an'!fq;f(lmu'llftoM'l'llt-m "om""" ~<nl;
"'1~." .
~ - ~ .20 ~ 2005
WIWl>4515/21-3l~/04.-'lffilt"W!QR-ili~348t"~(3) '<);~it~."!. ' l - ~ ~ (miltr-i)

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i§ffi\.111<! :i,- 'U"'1'!@ '<I; ,11'1 fl o"l1 3ll~Wj\.lR,

~~. i<l-ffl<I.
202 (!)
!
CHHATIISGARH ACT
(No. 6 of 2005)
CHHATI'ISGARH LAND REVENUE CODE (AMENDMENT) ACT, 2005
An Act further to amend the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959)
Be it enacted by the Chhattisgarh Legislature in the fifty sixth year of the Republic of India
as follows : -
I. (I) This Act may be called the Chhattisgarh Land Revenue Code, (Amendment) Act, Short Utle and com•
2005 (No. 6 of 2005). mencement.
(2) It shall come into force from the date of its publication in the Official Gazette.
2. For sub- section (2) of section 44 of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of Amendment of Sec·
1959) (hereinafter referred to as the Code) the following sub-section shall be substituted, lion 44.
namely:-
"(2) Save as otherwise provided ., second appeal shall lie against every order passed
in first appeal under this code ot the rules made thereunder :~ • ·
(i) if such order is passed ,:,y the Sub-Divisional Officer:_to the Collector;
(ii) if such order is passed by ih.e Collector-to the Board;
(iii) if such order is passed by the Settlement Officer-to the Settlement

Commissioner."
3. After sub-section (2) of section 59 of the code following proviso shall be inserted, namely : - Insertion In Section
59.
"Provided that the small industries shall be exempted from the re-assessment of the land
lliverted not exceeding five acres."
-----·· -···------···- -
~ctcfi', ~ tt'il ~ ~ / ~ ~ ~ ~ lJ~ctl~. ~iik11i~ -:j ~f;;?? '.'ri'TT ·9.-.,'ifMri--:?f'(IS.
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m. ai'r.~ 1712002." - -
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f~, ~ 30-5-2001."
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(cfi) . (1) . . (2) . ~~~~, (3) ~ lY ~:f·i.nfuf fcrffl .

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I
lI
l Raipur, the 29th September 2005
fr,
J No. F 4-287/Rev/2005.-In supersession of Departmental Notification Number 5-3-16-3S4 Seven-N stipulated
f dated 26-1- l 977 the State Government hereby declare the fo1IO\,;ing area shown as schedule; as specifi<!d a~ea for the
t purpose of sub-section (6) of section 165 of Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959) .
. ~
~ SCHEDULE
s. No. Arca Comprised within the limits of Tahsil District

(1) (2) (3)
1. Whole District Surguja Surguja

2. Whole District Ko1ia Koria
3 Whole District Bastar Bastar
4. Whole District Dantewada .Dantewada .
5. Whole District Kanker · Kanker
6. Marwahi, Gorella .. 1, Gorella-2, Tribal Development Blocks and Bilaspur
Kota Revenue Inspector Circle in. Bilaspur.
7. Whole District Korba · Korb~
8. Whole Distr.:ct Jashpur ·- Jashpur
9. Dharamjaigarh, Gharghoda, Tamnar, Lailunga and Kharsia Raigarh
Tribal Development Blockt: inRaigarh
16'. . Dondi Tribal Development Block in burg Durg ,
- 11. Chauki, Manpur and Mohla Tribal Devel,opment Blocks in Raj r.andgabn · Rajnandgaon
12. Gariaband, Ma:inpur and Chhura Tribal DevelopmenfBlocks in Raipur Raipur
13 . Nagri (Sihawa) Tribal Development Block in Dhamtari Dhamtari ·
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· CHHATIISGARH ACT -
(No. 8 of 2006)
CBHATIISGARH LAND REVENUE CODE (AMENDMENl') ACT, 2005 _ - ~--
. I
An Act. fnrther to amend th~ Cbhattisgarh Land Revenue Code; 1959 (No. 20 of 1959).
Be it enacted by the Cbh;lttisgarh Legislature in the fifty sixth year of the republfo of India as
follows :- ' ·
Short title and Com- 1. (1) The Act may be called the· Chhattisgarh Land Revenue Code (Amendment)
~en-cement.. Act, 2005. . · .
(2) It shall come into force from the date_ of its publication in the official Gazette.
Amendment of Sec- 2. Sub-section(~) of Section 165 of the Chhattjsgarh Land R~venue Code, 1959 (No. 20 of
lion 165. 1959) shall be Omitted. · ·
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'tltgf.m:R, ~ ~lR~~ ffitrr'qr-11 fifi~ ~:qrfurm
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~ . ~ 25 ~ 2008
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@'ffi~M<; i i ~ * ;ui:J if otn 311~:tllj.~Ul,
·'¥'fl'~. ~-"flfq'i,
CHHATIISGARH ACT
(No. 17 of 2008)
CHHATIISGARH LAND REVENUE CODE (AMENDMENT) ACT, 2008
An Act further to amend the Chbattisgarb Land Revenue Code 1959 (No. 20 of
1959).
Be it enacted by the Chhattisgarh Legislature in the Fifty Ninth year of the Republic of
India, as follows :-
I. (l) This Act may be called the Chhattisgarh Land Revenue Code (Amendment) Short title, extent
and Commence-
Act, 2008. ment.
(2) It extends to the whole State of Chhattisgarh.
· (3) It. shall come into force from the date of its publication in the "Official
Gazette".
-SR-
474 (4)
Amendment in 2. For Sub-section (2) and proviso of Section IO of the Chhattisgarh Land Revenue Cot!..:.
Section JO.
1959 (No. 20 of 1959) (Hereinafter referred to as the Principal Act) the following sh,,11
be substituted, namely : -
..(2) (a) All cases of ; -

(i) First appeal against the order of the Collector wheth..:r
exercising the power~ of Collector or Settlement Olfo.: :r
during the currency of settlement, pending before the Boar,j;
(ii) Second appeal against the order of the Sub-Division.ii

officer or the Collector pending before the Board ;
(iii) Second appeal against the order of the Sub-Division,11

Officer pending before the Collector:
sha11 stand transferred to the Commissioner.
(b) .All cases of revision, review and other proceedings which st;t,d
transferred to. the Board from the Commissioner · after 2Yd
November, 2002 and pending before the Board, shall stand tran ~-
ferred to the Commissioner ; .
(c) In the case of revision instituted on an application made by any party

after 23rd November, 2002 and pending before the Board the party
may make an application for transfer of such c~~ to the
Commissioner and if such an application is made, the Board sh,•11
transfer the case to the Commissioner.
Amendment in 3. In Section 11 of the Principal Code, the words "Commissioners (including Additional
Section 11. Commissioners)" shall be inserted before the words "Settlement Commissioner. ..
.
Amendmeni • in 4. After Sub-section {l) of Section 12 of the Principal Act, the foliowing sub-section shall·
Section 12.
.be inserted namely,-
"(2) All Rcvenu-! Officers in a Division shall be subordinate to the Commissioner".
lnserti~n of Section 5. After Section 13 of the Principal Act, the following Sections shall be inserted. namely.- -
14 and IS.
"14 Power to appoint Commissioners of divisions,-
(1) The State Government shall appoint in each division a Commissiimer

who shall exercise therein the powers and discharge the duties
conferred and imposed on a Commissioner by or under this Code )r 1
under any other enactment for the time being in force.
. (2) The State Government may, subject to such conditions as it may deem
to
fit impose, by notification, confer upon the Commissioner any .,f '
the powers or functions assigned to the Stale Government hy )f
under any enactment for the time being in force
15. Power to appoint Additional Commissioner,-
( J) The State Government may appoint an Additional Commissioner in a ,

division or in two or more divisi_ons.
(2) An Additional Commissioner shall exercise such powers and dischar,~e

such duties conferred and imposed on a Commissioner hv or under
. this Code or by or under any other enactment for.the time being in
force in such cases or class of cases as_~ State Government may, hy
a general order, notify or as the Commissioner of the division may.
subject to.any general or special restrictions imposed hy tlie State
Government. by an order in writing direct.
(~) This Code and every other enactment for the time bt ing in r()rc.: and
· an) rufc made under ihis Code or any such other ·enactment -.hall.
except where expressly directed otherwise. apply tn the Additiunal
Co·nrnissioner when exercising any powas or discharging any du tie-.
under sub-section (2) as if he were the Commissioner 6f the diYision."
I
6. Aflcr Suh-scction ( 1) of~ection 29 of the Principal Act. the following Suh-section shall Amendment in
Se<:tion 29.
be inserted. namely. · ·
'"(2) The Commissioner, on an application made to him in this behalf may, if he is

of the opinion that it is expedient for the ends of justice. order that any
_particular case be transferred from a Revenue Officer to another Revenue
Officer of an equal or superior rank in the same district or any other district in
the same division."
◄-
7. In Suh-section (2) of Section 30 of the Principal Act, before the word "Collector" the Amendment n
Section 30.
words and comma "Commissioner, a" shall be inserted.
In Section 44 of the Principal Act ; - Amendment n

8.
Section 44.
( 1) In clause (e) of Sub-section ( 1) for the words "Board of Revenue" the word
"Commissioner" shall be substituted.
(2) In clause (g l of Sub-section ( 1) before the words "Settlemenl Commissioner"

the words "Commissioner or the" shall be inserted.
(3) For Sub-section (2) the Section 44 of the Principal Act,. following shall be
substituted, namely ;-,
"(2) Save as otherwise provided a second appeal shall lie against every
orcter passed in first appeal under this Code or the rules made
there under- C
(i) by the Sub-Divisio11al Officer or the Collector to the

Commissioner;
{ii) by the Settlement Officer to the Settlement Commissioner;
(iii) by the Commissioner to the Board-

. {a) · if the original order has in the .first appeal been
varied or reversed otherwise than in a matter of cost;
\
or
(b) on any of the following grounds and no other,

namely;- .
(i) that the order is contrary to law or usage
having the force oflaw ; or
(ii) that the order has failed to determine some

material issue of law or usage having force: .
oflaw;or
(iii) tha1 ~ wbeen a substantial error ()f

defect in the procedure as prescribed by ,
this Code, which may have produced error
or defect in the d:eeision of the case upon
merits."
. .
474 (~) @'d\«ti4. -um,~- 23 ~'2008

=================:=======================================:::::::=======-
. .
~- . .
. Amendment ha 9. After clause (a). of Section 47 of the Principal Act. the following clause shall be
Section47."
inserted, namely.~
"(b) · to the Commissioaer after the expiration of sixty days from ~uch date; or:·
Amendment in IO. (I) In Sub-section (I) of Section 50 of the Principal Act, after the words ..Tlic
Section 50. Board" the words ..or th!! Commissioner" shall be inserted.
(2} In Sub-cl;mse {c) of clause (i) of the proviso to Sub-section (I) ofSection 50
of the Principal Act. before the words ..the Settiemein Commissioner" the worrts
"Commissioner or" shall be inserted.·
,
(3) lnclause(ii)oftheproviso to Sub-section(l}of Section50of the Principtl
Act, before the words "the Settlement Commissioner.., the wortls
..Commissioner or" shall be inserted.
In clause (i) of Sub-section (2) of Section 50 of the Principal Act. before tl.e
words ..the Settlement Commissioner" the words "Commissioner or" shall t-e
inserted.
(5) . In cl~use (ii) of Sub-section (2) of Section 50 of the Prinicipal Act. hcforc tl c
words "the Settlement Commissioner" the words "Commissioner or·· shall t c
inserted. ·
(6) In clause (iii) of Sub-section (2) of Section 50 of the Principal Act. he fore the
words ..Settlement Commissioner" wherever they occur the word ·-commi..;-
sioner," shall be inserted. -
(7) In clause (iv) of Sub-section (2) of Section 50 of the Principal A~t, hefo,'c
the words "the Settlement Commissioner" the words "the Commissioner o•···
shall be inserted.
Amendment .In J I. In claus.e (i) of the proviso to Sub-section (I) of Section 51 of the Principal Act. after tt,c
SectioaSl.
words ..If the" the word "Commissioner," shall be insert\;XI.
Repeal aad 12. The Chhattisgarh Land Revenue Code (Amendm:!nt) Ordinance, 2008 (No. r of 200ii ).
Sa'riap.
is hereby repealed.
Provided that the repeal shall not affect the previous operation of tl,e
\
Ordinance so repealed as if this Act had nt>t been passed.
l
·~~~ 3MP@'~. ~~
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cfiT ~ .tt ~ W<f m~ t, ~ ~ .tt ~ ~ ~ ~fct;m ~ t.
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·♦
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s. 1Ff ~ c l i l t-00 247qft '3ltmu (7) ~~~. ~q;ty ~ ·~~~· awu QRI 241q;r~.
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- (2) 1F£3lf~ctftmu248cf>i~(2)~,~-~~~m~•~-~.
• "CR, ~ •~ ~ m'' Sl@?-11fqo Tcfi7-0 ~
1
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~ •~ ~ m'' Slfdft.lff'1d fcti'in ~-
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~,a, t.
Dtth•iat~ ~ Uift4Qi(!if ~ ~ i; o?.11 -~,e~n:p:m,

-.1.•. ~ . ~,;. .:-:. ;i--~.
. 348 (2)
CHHATTISGARH ACT
(N0:l4 of 2011)
THE CHHATTISGARH LAND REV&~UE CODE (AMENDMENT) ACT, 2011

. . .
An Act further to·amend the C..hhatti.~garh'Land Reven• Code.1959 (No. 20 of

1959).
Be it enacted by the Chhattisgarh Legislature in the Sixty..,second ye3r of the Republic

of India, as foliows : - · •
Short title and I. (l) This Act may be called the Chhattisgarh Land Revenue co&, {Amendment)
Commencement. Act, 201 I. - - J
(2) It shall come into force from the date of its publication in the Official Gazette.
Amendment
Section 59.
of 2. (1) After clause (e) of sub-section (1) of Se-ction 59 of ·the. Chhattisgarh La..'ld J"'
Revenue Code, 1959 (No. 20 of 1959), _ (hereinafter referred to as the Princi- -
pal Act), the fol1owing clauses shall be inserted, namely : -
"(f), (g) and (h)."
(2) After clause (e) of sub-section n)

of Section 59, the following clauses shall be
inserted, namely:-
"(f) Residential Colony/Project; •
(g) Public/Institutional Purpose;
(h) Medical. Facilities Center."
'·
(3) After proviso to sub-section (2) of Section 59 the. following proviso shalJ be
inserted, namely:-
"Provided further that the Naya Raipur Development Authority shall be ex-
empted from re-assessment for the diversion of land."
(4) In sub-section (5) of Section 59 of the Principal Act, for· the words "Sub-
Divisional Officer" the words "Competent Authoriti' shall be substituted.
Amendment of 3. (1) In Section 172 of the Principal Act, for the words "Sub-Divisional
Section 172.
Officer"wherever they occur the words '4<:,ompetent Authority" shall be subs-
tituted.
(2) In sub-section (4) of Section 172 of the Principal Act, for the words 'iwo
hundred rupees" the words "one thousand rupees" shall be substituted. - """"
(3) In sub-section (5) of Section 172 of .the Principal Act, for the words "two
0
hundred rupees" and "twenty rupees the words "one thousand rupees" and
"one hundred rupees" shall be subsituted.
(4) In sub-section (6-a) of Section 172 of the Principal Act, for the words "one
hundred rupees" the words "five hundred rupees" shalJ be substituted. ·
Amendment of 4. In sub-section (4) of Section 24 I of the Principal Act, for the words '~five thousand
Section 241. rupees" the words "twenty five thousand rupees" shall be substituted.
Amendment of 5. In proviso to sub-section (7) of Section 247 of the Principal Act, for the words ..one
Section 247.
thousand rupees" wherever they occur the words "twenty five thousand rupees" shall
be substituted.
Amendment of 6. (1) In sub-section ( l) of Section 248 of the Princ~pal Act, for the words "five
Section 248. thousand rupees" and "twenty rupees" · the words "tw~nty five thousand
rupees" and "two hundred rupees" shall be substituted. t\--; ·..
_--,.-,.~--
348"(3)
(2) In sub-section (2) of Section 248 of the Principal Act, for the words ..one
thousand five hundred rupees"the words ten thousand rupees" shall be sub-:-
44
siituted;
7. (1) · In sub-section (6) of Section 250 of the Principal Act, for !he words ..two hun- ' · Amendment of
dred fifty rupees" the words ..one thousand rupees'' shall be substi~uted. Section 250.
(2) _- In sub-section (9) of Section 250 of ~e Principal Act,, for the words ~•five
. . thousand rupees" the words "ten·thousand rupees" shall be substituted. ·
(3) In proviso to sub-section (9) of Section 250 of the Principal Ac~ for the _words
"one thousand five hundred rupees" the words "five thousand rupees" shall be
• substituted·. ·
. (4) In sub-section (4) of Section 250-B of the Principal Act, for the words "one
hu~dred rupees" the words ••five hundred rupees" shall be substituted.
~
8. In sub-se.ction_(l) of Section 253 of the-Principal Act, for the words "one thousand A~endment of
rupeesn the words "twenty five thousand rupees" shall be substituted. Section 2S3.
~--·
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16 (1)
CHHAITISGARH ACT
(No. 4 of 2012)
CHHAITISGARH LAND REVENUE CODE (A.\1ENDMENT) ACT. 201 I
An Act further to ame~d the Chhattisgarh Land Revenue Code, 1959 (No. 20 of
1959).
Be it enacted by the Chhattisgam 'Legislature in the Sixty-second Year of the Re-

public of India. as follows : -
I. (I) This Act may be called the Chhattisgarh Land Revenue Code (Amendment)
Act, 2011.
(2) It ~hall come into force from the date of its publication in the O~cial
Gazette.
2. (l) Sub-section (2) of Section 237 of the Chhattisgarh Land Revenue Code, Amendment of
Section 237.
1959 (No. 20 of I 959) (hereinafter referred to as the Principal Act), shall be
. omitted.
(2) For sub-section (3) of Section 237 of the Principal A<.t, the following shall
be substituted, namely :-
..(3) Subject to th:e rules made under this Code, the Collector after
securing the land mentioned in clause (b) of sub-section (I) to mini-
mum two percent of the total agriculture land of that village, may
divert such excess land as mentioned in clause (b) of sub-section
( l) into any other purposes as agriculture, abadi, construction of
roads, canals, tan.ks, hospitals, schools, coJleges, power station,
gaushaJas. excavation of clay by potters (kumhars) or any other
public utility projects as may be detennined,.py the State Govem-
menL"
(3) After sub-section (3) of Section 237 of the Principal Act, the following-shall
be added, namely : -
..(4) When it becomes indispensable to divert the land set apart for the
pmpo~ mentioned in sub-section (I) for such projectswhich are
owned or approved by the State Government, but not cove)!!d ·
under sub-section (3). the Collector. after satisfying himself that
alternative land of equivalent area has beeq_ made available for
fulfilling die same Nistar Rights. may divert die land for such
purposes by ~ing a reasoned order to this effecL"
,.
·~~~ -~-m;- ~~
~~-:rtre:~ (fcifn :grcf; • @=rth:4•tc;'s1lf09/2o10-2012. ••
~)~~lg • . ~
~- 2-22-@ffl{,l•j~ ~/38ffi. it
f~. ~ 30-5-2001."
( 3i~llll:tOI )
~~ Slcfil~ld,
~8] ~ - ~ , ~ 16 ~ 2012-~ 26; ~ 1933
-~~~~fflfcrqpy.
~ , GT3i cfiftliOI ftrn" 'lcA:_~
~ 314m. 16121-awf./U. 1l./12.-@de11~ ~ lNf if;i M'-t@f&d ~ f~;RPR mrct> 09-01-2012

chl~ct,13G""ffl~m~t ~~ji41(Ufq,l~*fflll~~-arnt1t.
€h11~11" ~ liiii!Nid
t- ~ ~ ·~ a11~,111e1<,
~. ~ ilttnuft, ~ lWqq_
- ~
15
A
16 ·
€?ffi:a11~ ~
( ~ 4 lFf.2012)
~:-
1.
2. ( 1) #fffi•I~ 1l-U\lR<J ~ . 1959 ( ~ 20 Wt_ 1959) (;;it~~ ~-1@

-~~~~~t),ctt~237qft~(2)~~M~.
( 2) l@ 3Jf~qft 'fro 237 c;rr ~-'ffir (3) ~ "f2l'R "q( f.:tt-ifc1f@d !olfdf\!IINd f<:f.m
i3Jllt~:-
~(3) ~~~3Td1ffiffl7Ftf.p:p:jr~~~sll.. ~~-~
( 1) "ij)" ~ (l9) if afffiP.iM ,r:r <ti'r wf'~ ~ i f ; ~ ~-t.TRT .
"W' ~ ~ ~ ~
( 1 ) ~~(<!I) ~ qfTi@ oti 1;JllJ cfil ~ ~
~ ~ cf,1 1If4 qi'[ 3R ~ ~ ~ 'lf'llT ¥1, ~. -~
f.{1:nur, m, ~ . 3Wfflf6, ~ . ~ . ~ ~ . ~ . ~
( ~ ) IDU ~ c f i l . ~ 7.lf 3F-T f<fim fll<ialf.:tcfi ~ ~
qf<4\;;i.11aif ~ Ffi..U~ ~~ ~ ~ ~ ~~ .,qqqffia
~~-"
c3) 1Ff ~mtJf.p:p:n~a 'fro 231 •qft ~-tm1 <3) '$ ~ f.ti:.tR1f&c1 ~ ~
~:- ..
~( 4) ~ "311-tffll ( 1) ~ dftttftid ~ '$" ~ ~ lffl ~ 'WJ cfiT
~ . ~ ~ qiJ ~ ~ '¥m:R l;.RT ~ ql):qi;,i~i,,a '$
fi:l'Q. -31qM1'-f ~~~-'ill" "311-"iRT (3) ~ efa:ifcta ~ t, ~
~ . mifl1~"$l~%~f.fi"~fufflt~qft1ffef~
'ij'J:JR ~ ~ ~cfil{,qcfi "lfil'~ '1S'U ~ ~ t 'JP'%~~~
~~'cfil~-~~infuf~.~··
~ . ~ 17 ~ 2012
~ 314ril. 16;21-a:rJID~. 11.112.-~ ~ ~ ~ ~ 348 'lf; ~ (3) ' i f > ~ 1t' &,:i\:w1~
' l l - ~ ~ ( ~ ) 3lf~. 2011 ( ~ 4 ~ 2 0 1 2 ) c f i l ~ ~ ~ ' i f > ~ ~ ~ ~ f c i ; m
~t. A
~'ffifPI~ -t ~ '$ -:w:r ii crei, an~~lli,flH.

~. 1'r.·ii,(4jUft, ~llRfq.
g2--
16 (1)
CHHAITISGARH ACT
(No. 4 of 2012)
CHHAITISGARH LAND REVENUE CODE (A.\1ENDMENT) ACT. 201 I
An Act further to ame~d the Chhattisgarh Land Revenue Code, 1959 (No. 20 of
1959).
Be it enacted by the Chhattisgam 'Legislature in the Sixty-second Year of the Re-

public of India. as follows : -
Act, 2011.
(2) It ~hall come into force from the date of its publication in the O~cial
Gazette.
2. (l) Sub-section (2) of Section 237 of the Chhattisgarh Land Revenue Code, Amendment of
Section 237.
1959 (No. 20 of I 959) (hereinafter referred to as the Principal Act), shall be
. omitted.
(2) For sub-section (3) of Section 237 of the Principal A<.t, the following shall
be substituted, namely :-
..(3) Subject to th:e rules made under this Code, the Collector after
securing the land mentioned in clause (b) of sub-section (I) to mini-
mum two percent of the total agriculture land of that village, may
divert such excess land as mentioned in clause (b) of sub-section
( l) into any other purposes as agriculture, abadi, construction of
roads, canals, tan.ks, hospitals, schools, coJleges, power station,
gaushaJas. excavation of clay by potters (kumhars) or any other
public utility projects as may be detennined,.py the State Govem-
menL"
(3) After sub-section (3) of Section 237 of the Principal Act, the following-shall
be added, namely : -
..(4) When it becomes indispensable to divert the land set apart for the
pmpo~ mentioned in sub-section (I) for such projectswhich are
owned or approved by the State Government, but not cove)!!d ·
under sub-section (3). the Collector. after satisfying himself that
alternative land of equivalent area has beeq_ made available for
fulfilling die same Nistar Rights. may divert die land for such
purposes by ~ing a reasoned order to this effecL"
,.
·~~*~~ ~~
~*~~ (W-U 6Tcfi '@fflWl~~/09/2010-2012."
~)*~~~-~
~- 2-22-0we•t~TFi!V3Sfu. ~-
~ , fcr-riq; 30-5-2001."
( 34<-lltll~.ot )
~* Qchlft>ld
~109) ~ , ~ . ~ 4 1 : f l 2012-~ 14, m-1934
~.~4~2012
~ 3717m. 130/21-31~.lfJ.ll./12. ritl•I~ ~ ~ ~ f.ti.tf<'.'fRstd 31Nf-t<IJ.t ~ ' R - ~ 16-04-

2012 <fil~<tft.~~m~t ~~<tft~*~~~"'1'fflt.
Uffltl•lt; 4i" ~ ~ -IPt "Q 'dtff 3t~Fj,Q<,

~. ~ il(fUUft, 3t@mi~
\
'
217
218
3i1lff'tt~ 3lf~
( ~ 1 3 Wl_2012)
m=-
,.
2. €H1lfl•I~ 11-~ ~ . 1959 (~. 20 WI_ 1959) (~ ~ ~ ~ 1Ff ~ ~

~if f.rt'zyt') 7.fi1 'l:1Rl 59ct.T~-'l:1Rl (2) ~~~ifi"~~. f-1Cifclf@1 ~ >-
l,l@fl!.llf.:1e1 rcfi<:IT ~ of~ : -
•~ ~ 3m: fcfi"~ ~ 7.fi1 ~-"'cl'R:if~m~'l:1Rl597.fi1 ~ -

'l:1Rl (1) ~ ~ (~) ~ ~ ~~ -u;;q ~ 6 1 U ~ ~ of~ f.l11ft@
~IDU~'WJcfil649cid-i~~:~~~~~-"
"~-4
[~'l:1Rl59(2)]
~-~- ~ "1.fil~ ~ ~-~-

(1) (2) (3)
of ";p;JJ~~~ 1
ii ~ mR-1 irr~qi,(Oj 1 qi1IB ~ ~-ilili:s

ll,:MP(l9~.
~.~4~2012
·:c4i!f p~-.,t, 1"3012 1i~.,1Pl./12.->mo 't' ~ * ~ 348 ~~ (3) ~ ~~ 0'ffi:S•I~

ilf•lfiM. ?012 (~13l=fi.2012)lfil~~~~mft:rcfin:~~~mr
~•-
'l-~-~i~~(mtr-r;
it'd\&~ ~ ~ ~:.,,:fP1 ~ W-TT 3li~W:if!H,

~- ~ \m,nufl, ~ ffiq_
. -
.'. ~ - : I
-,.
. -4* . . ~:<;.~"
- 2;;::,r- 218 ( 1)
CHHATI1SGARH ACT'
(No. 13 of 2012)
CHHATTISGARH LAND REVENUE CODE (AMENOMEl\'T) ACT. 2012
An Act further to amend the Chhattisgarh Land Revenue Code, 1959 {No. 20 of
1959).
Be it enacted by the Chhattisgarh Legislat~ in the Sixty-third Year of the Republic

of India, as follows : -
• Short title and
Act, 2012. commencement.
(2) It shall come intb force from the date of its publication in the Official
Gazette.
< 2. For second proviso of sub-section (2) of Section 59 of the Chhattisgarh Land Amendment of
Section 59.
Revenue Code, 1959 (No. 20 of 1959), (hereinafter referred to as the Principal Act),
the following proviso shall be substituted, namely : -
"Provided further that the land developed by an authority l•f body corporate
established by State Government for the purpose of clause (t) of sub-section ( l ) of
Section 59 as specified in Schedule-IV of this Code, shali be exempted. from re-
assessment for the diversion of land.
3. After Schedule-III of the Principal Act, the following Schedule-IV shalJ be added,
namely:-
''SCHEDULE-N
f See Section 59 (2) ]
S.No. Name of Authority/Corporate S.No. Name of Scheme

Body
(]) (2) (3) (4)
A. Naya Raipur Development I. NayaRaipur

Authority.
B. Raipur Development Authority 1. Kamal VJhar Integrated

..," - Township Planning .
, C. Chhattisgarh Housing Board 1. Alai Vihar Planning."
.
... ___
.!~iF, -~~ ~~
:,lF:f, it -,ljc :fTlriR (TTFIT ~
·'0-i-fi:l.fll~fs:T/0912010-2012 ..
RcR)~~~~- ~
~ 2-22-§'d!:a•i~ ~/38 fu. "fr.
f~. ~ 30-5-2001."
"
(~)
mfucnrr* gcfi1~n1
~4] Wl:it, ~ , ~ 4 ~ 2013-~ 14, ~ 1934
rcrr'tl ,3ffi ~ qi"f<l fq~

~ . ~ 'llcR, ~~
~ . ~ 4 ~ 2013.
~ 117dr. 4121-3l/~~-m. TT.1u-mfm•1~ rcr~~'qfcF,1 f1t-jfe1f&a .m~firain:~ 2?-12-2oi2

cfiT ~ qfr ~ m'<f m~ i, ~~ <liT ~ i f ; ~ ~ ~-;;rrar t.
-t -
gdh-1•1~ i f . - ~ if;-=rrq ir er~ 3-hi:.l<il:!<8R.
-.};_ Vyf. ~ , ~ ~ -
• (
8 @tj)B•I~ ~ , ~ 4 ~ 2013
-================================================
0fllfP1ii m~
( ~ 1 m~2013)
@'rlifl'I~ '1{-m ~ ' 1959 ( ~ 20 lr.i. 1959 ) c6T a:fiT ~ cfiR ~

~-
it:- ,.
I
1. ( 1)
2. g-dh-P1~ 11.-m ~ . 1959 (s1>. 20 ~- 19s9) cfil" v-.:rm 231 cfil" ~-mu <3) if, ~
"Gt<-11 ~• .)11"11,;1, ~ f.r.:ftur, m, ~ , ~ . Wffi, ~ . ~ ~ . lITTTTffi,
~ ( ~ ) WU~ cf.T ~ <-TT ;,p:r %m f11,h1f.1<'ti ~ cfil" qn~h11~ ~
F-'i< l,.,...-1 ~nt11 WTT 3rci<:11Ro fct>c;I ->tlQ_ · ~~'Fl' "IR~ "<1°~~. ~ . 3f!cfmf~ 4R<l!"1-il 1.i,,
~f.;mtrr, m, ~ . ~ . f<rnrw:r, 4i5ilelillct4, ~~. f!p;(;;if-M, l11zy{,
~ "5fUITffi', "l"fimffi, ~ WU ~ cf.T ~ .
lfraT ~ <IT fi:f;-m ;,p:r fllct'1\f1<'ti
~ cF,1" qfl41;;1-t1df ~~~~WU 3lcimmf ~ ~ · ~ ~ - ; , m t .
·;r,~1·=r: 1if,s1. 4-21-:-1-~. .1~. Ti.i13.-~l-i7TR ~ ~~ ~ ?ri1~~-:! 348 ~ ~ ! 3) ~ 3.z;pTT1JT ii ~;~-l"-1 4 i~
·q-,.,;1'-C:I ..;1;;~; P=i:ir~·~n m'•fanm. 2012 ( ~ 1-:r-r.2013) <F.T ~~",.;-! :lij,'~1-= ~1-,-:i•-w1;, mf•~ci:!l ii' \J.ctc_;m ',(:t=.,f~1-1 f=t.-~,
i11~l t.
.
8 ( 1)
CHHAITISGARH ACT
(No_ I of 2013)
CHHATTISGARH LAND REVENUE CODE (AMENDMENT) ACT, 2012
An Act further to amend the.Chhattisgarh Land Revenue Code, 1959 (No. 20 of

1959). ~-
• Be it enacted by the Chhattisgarh Legislature in the Sixty-third YeJr of the Re-public

of India. as follows : -
!. (l) This Act may be called the Chhattisgarh Land Revenue Code (Amendment) Short title and
Act, 2012. , commencemenL
(2) It shall come into force from the date of its publication in the Official
Gazette_
2- In sub-section (3) of Section 237 of the Chhattisgarh Lantl Revenue Code. 1959 Amendment of
Section 237.
(No. 20 of 1959) for the words "as agriculture, abadi, construction of roads, canals.
tanks, hospitals, schools, colleges, power station, gaushalas, excavation of clay by
potters (kumhars) or any other public utility projects as may be determined by the
State Government.", the words '"as agriculture, abadi, residential projects, construc-
tion of roads, canals, tanks, hospitals, schools, colleges, Government offices, public
godowns. power system, gaushalas, excavatiO!l of clay by potters, minor minerals or
any other public utility projects as may be determined, by the State Government"
shall be substituted_
'
-91- I
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0-cilwt~ m, ~ 19 3l'T«I 2013 724 (5)
CHHATIISGARH ACT
(No.32of 2!)13)
THE CHHATTISGARH LAND REVENUE (AMENDMENT) ACT, 2013
An Act Bill further to amend the Chhattisgarh Land Revenue Code, 1959 (No. 20 of
1959;.
l:k it enacted hy the Chhattisgarh Legislature in the Sixty-fourth Year of the Republic
of India . .i., follows :-
CHAPTER-I
PRELIMINARY
I. (Il ·111is Act may h1:: called the Chhattisgarh Land Revenue ( Amendment) Act. Short title, and
2013 . commencement.
(2) It shall come mtll force from the date of its puhlication in the Official
Ga1.ettc .
1
Arter clause (o) of suh-section (I) of Section 2 of the Cllli.ttti'garh Land Revenue Amendment of
Clldc. I 959 (No . 20 or 1959) (hen:-in-after referred to as tile Pn11c1pal Act). the follow - Section 2.
ing shall he inserted. namelv :-
"'(,1-a) "'Mark1.:t Value .. means the value of land assessed accllrding to the guidelines
issu1.:d hy the Colkctor under the Chhattisgarh Bajar Mulya Margdarshak
Siddhanton Ka Banaya Jana Tatha Unka Punrikshan Niyam. 2000 made
under the Indian Stamp Act. 1899 (No. 2 of 1899);..
3. In suh-section (I) of Section 30 of the Principal Act. the words .. a Tahsilclar .. shall he Amendment of
lllllitt1.:d. Section 30.
·f In clause (c) of Section 34 of the Principal Act. for the word '"fifty'" the words '·one Amendment of
thllusand .. shall he suhstituted. Section 34.
5. !n suh-section (3) of Section Yi of th1.: Principal Act. for the word ··apply"'. th1.: words Amendment of
.. app ly along with affidavit'' shall be :;uhstituted. Section 35 .
6. (IJ In suh-section (I) of Section 36 of the Principal Act. for punctuation full stop Amendment of
...... the punctuation colon .. :.. shall be suhstitutcd . Section 36 .
(2) In suh-scction (I) nf Section 36 of the Principal Act. the follllwing shall he
inserted. namely :-
·'Provided that during the proceedings, maximum four adjournnH;nt ~

may be granted to each party and each adjournment shall he granted only
with costs ...
7. ln clau.,l: (a) of Section 46 of the Principal Act, for the words. figures and , ymhols .. the Amendment of
Indian Limitation Act. 1908 (IX of 1908)''. the words , figure s and symbols .. lh l'. Section 4(,.
Limitation Act, 1963 (36 of 1963)'' shall be substituted.
8. ( I) In sub-section (2) of Section 52 of the Principal Act. for tht: punctuation full Amendment of
stop " .... the punctuation colon '':" shall be substituted . Section 52 .
(2 ) In sub-section (2) of Section 52 of the Principal Act , the followin g shall be

1n ., erted. namely: -
_.
"Provided that the execution of the order shall not k sta yed for
mor1.: tlwn 1hr1.:e nwnth,- al a time or until the date of next hearing. ,vhichever
i~ earlier ...
724 ( 6) -&'ctlfPI~ m, ~ 19 m 2013
(3). In suh-section {3) ,)f Section 52 of the Phncipal Act. for the punctuation full
stop ··.". the punctuation colon .. :.. shall he substituted.
(4) In sub-section (3) of Section 52 of the Principal Act , the following shall he
inserted. namely :-
"Provided that cxccutinn of thc order shall nnt he stayed for more
than three months at a time or until the date of next hearing. whichever is
earlier."
Amendment of 9. In Section 53 of the Principal Act. for the words. figures and symbols .. the Inuian
Secti~n 53.
Limitation Act. 1908 (IX of 1908)" and "review'', the words. figures and symbols "the
Limitation Act, 1963 (36 of 1963 )'' and "rcview and revision " shall he suhstitutcd
respectively.
Amendment of 10. For Section 54 of the Principal Act. the following shall he suhstituted. namely
Section 54. "54. Pending revision.- Notwithstanuing anything contained in this chapter. all
revisions pending before any Revenue Officer immediately before the co111 -
ing into force of the Chhattisgarh Land Revenue (J\1m:ndment) Act. 20 I \.
shall be hc::ird and decided hy such Revenue Ofliccr as 11 this Act had 1w1
been enacted.··
A111c11dmu1t of II i I) In sub-section (2) of Section 57 of the Principal Act , ror the words ··Suh -
Sl'clinn 57.
Divi s ional Officer". the word "'Collector" shall he suh.s tituted.
(2) Suh-section (3) and (4) of Section 57 of the Principal Act. shall he dcklL'd .
Amendment of 12. In sub-section (2-a) of Section 59 of the Principal Act. for the words ··suh-D1 vi,i<1n:d
Section 59.
Officer", the worus ··competent Authority" shall he suhstitutcd .
Amendment of 13. Section 78 of the Principal Act. shall he dclctctl .

Section 78.
Amendment of 14. {I) For sub-section (4) of Section 81 of thl.'. Principal Act. the followin~ sh;dl he
Section 81.
substituted, namely : -
"(4) The fair assessment on the land used for non-agricultural purposes
shall be fixed in accordance with the rules made under Section 5tJ_--
(2) Sub-section (6) of Section 81 of the Principal Act. shall he deleted .
Amendment or 15. Section 97 of the Principal Act. shall he Jcletcu.

Section 97.
Amendment of 16. For Section 98 of the Principal Act. the following shall be substituted. namely :-
Section 98. "98. Fair assessment.- The fair assessment of land used for agricultur::il purposes
shall be calculateu and fixed in accoruance with the principles and restric-
tions set forth in Section 81 and land uscu for non-agricultural puq1oscs shall
be fixed in accordancl.'. with the rulcs maue under Scction 59."
Amendment of 17. Section 99 of the Principal Act. shall be deleted.

Section 99.
Amendment of 18. For Section 1-00 of the Principal Act. the following shall be substituted, namely : -
Section 100.
"100. Fixation of fair assessment at the time of revision.- In case of lands. \yhich
are being assessed for a purpose with reference to which they were assessed
immediately before the revision. the assessment so arrived at exceeds. in case
of agricultural lanJ one and hair times the land revenue or rent and in the cast:
of otl1er lands six .limes .the landrcvellUe or rent payable immediately beforL:
the revision the assessmcnl shall be fixed al one and a half times such land
revenue ir
rent in the case of agricultural land and at six times such land
revenue or rent in the case of other lands:
~·-.;; •:
I a_s-
0tih-J11~ m, ~ 19 3l1ffil' 2013 724 (7)
Provided that, where an improvement has been effected at any time

in any holding held for the purpose of agriculture by or at the expense of the
holder thereof, the assessment of such holding shall be fixed as if the
improvement had not been made."
19. (I ) In sub-section ( 1) of Section 119 of the Principal Act, for the word "twenty- Amendment of
Section 119.
five" , the words "one thousand rupees" shall be substituted.
(2) After sub-section ( l) of Section 119 of the Principal Act, the following shall
be inserted, namely : -
"(I-A) As required under Section 112, if Registering Officer does not
provide the information prescribed under rules made· under Section
llO within one month then Tahsildar may impose fine not exceed-
ing five thousand rupees, which shall be recoverable as arrears of
land revenue."
20. ln sub-section (2) of Section 128 of the Principal Act, for the words "one rupee", the Amendment of
words "one hundred rupees" shall be substituted. Section 128.
21. In section l 30 of the Principal Act, for the word "fifty", the words "five thousand" shall Amendment of
be substituted. Section 130.
22. In Section 132 of the Principal Act, for the word "one thousand", the words "ten Amendment of
thousand" shall be substituted. Section 132.
23 . For Section 133 of the Principal Act, the following shall be substituted, namely : - Substitution of
"133. Removal of obstruction.- If a Tahsildar finds that any obstacle impedes the Section 133.
free use of a recognized road, path or common land of a village or impedes the
road or source of water which has been the subject of a decision under Section
131, he may order the person responsible for such obstacle to remove it and if
such person fails to comply with the order, he may cause the obstacle to be
removed and may recover from such person the cost of removal thereof and
such person shall be liable, under the written order of Tahsildar stating the
facts and circumstances of the case, to a penalty which may extend to ten
thousand rupees".
24. In Section 143 of the Principal Act, the word "ten percent" shall be omitted. Amendment of
Section 143.
25 . After sub-section (4) of Section 165 of the Principal Act, the following shall be Amendment ol
inserted, namely : - Section 165.
"(4-A). (i) Notwithstanding anything contained in sub-section ( l ), Bhumiswami
shall .not transfer his land held for agriculture to any person who is
not a bonafide agriculturist.
Explanation- For the purpose of this sub-section, the expression
"transfer" shall not include the following, namely : -
(a) transfer by way of inheritance;
(b) transfer to legal heirs by way of will;
(c) land acquisition in public interest;
(d) transfer to or for any religious or charitable pur-

pose, for trust, health, culture purpose, educational
institutions ;
A
(e) transfer to department of State Government and .
Central Government, Units, Corporations and
Companies, which are undertaking of the Govern-
ment;
724 (8) .
(f) land purchased by such person, who became land-

less due to land acquisition in public interest; or
(g) with the permission of the collector, for any per-

son and to the extent as may be prescribed by the
Government in this behalf.
(ii) The State Government may, by notification, makes rules for

carrying out the provisions of this sub-section."
Amendment of 26. (I) For second proviso to sub-section (I) of Section 172 of the Principal Act, the
Section 172. following shall be substituted, namely :-
"Provided further that if a Bhumiswami of a land, which is reserved

for a purpose other than agriculture in the development plan but is used for
agriculture, wishes to divert his land or any part thereof to the purpose for
which it is reserved in the development plan, or land or any part thereof
which is assessed for agricultural purpose and situated in any area other than
an area covered by development plan to the purpose of industry, a written
information of his intention, given by Bhumiswami to the Competent
Authority shall be sufficient and no permission is required for such
diversion."
(2) Sub-section (6-a) of Section 172 of the Principal Act shall be deleted.
Amendment of 27. In Section 200 of the Principal Act, for the words "two hundred" the words "two
Section 200. thousand" shall be substituted.
Amendment of 28. In section 227 of the Principal Act, for the word "twenty", the words "one thousand"
Section 227. shall be substituted.
Amendment of 29. (I) For sub-section (2) of Section 234 of the Principal Act, the following shall be
Section 234. substituted, namely :-
"(2) A draft of the Nistar Patrak shall be published in the village and after
ascertaining the wishes of the Gram Sabha, as prescribed, it shall be
finalised by the Sub-Divisional Officer."
(2) For sub-section (3) of Section 234 of the Principal Act, the following shall be
substituted, namely :-
"(3) A copy of the Nistar Patrak so finalised shall be kept in the office of
the Gram Panchayat."
(3) After sub-section (3) of Section 234 of the Principal Act, the following shall
be added, namely :-
"(4) On a resolution passed by the Gram Sabha by a majority of not less
than two third of members present and voting, the Sub-Divisional
Officer with the prior sanction of the Collector and after making
such enquiry, may amend the Nistar Patrak."
Amendment of 30. (I) In Section 257 of the Principal Act, clause (a) shall be read as clause (a~ 1).
Section 257.
(2) In Section 257 of the Principal Act, before clause (a-1), the following new
clause shall be inserted, namely : -
"(a) any decision regarding any right under sub-section (1) of Section 57
between the State Government and any person".
- li, ~
-~:-m ~ ~ 3Rflfu ~ ~~ ~:if.lncfi

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~ ~ - ~ sffi.2- 22 -ih1lflll~
mR / 38 fu. ii. ~ . ~
30-os-2001."
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ifilffil!_~zyl."
um 234 <nl .mtr-1. 3.
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fcf;u ~om~~~~ f~;-ihrr~ -ii ~rif, ffil!_~ ~ -"
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(1894~ ~ - l)ifi~ti.:.~.~'Qci~"~~. ~~~if '3fuo'
~-3TT( Ql(c;~frt1 Cfil ~~. 2013 (2013 ~~- 3 0 ) " ~ f . f i m ~.
. ~ . ~23~2014
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928 ( I )
CHH ATTISGARH ACT

U~o. l5of 2014)
C HHATTISGARH LAND REVEN UE CODE (AMENDMENT) ACT. 2014
An Act fui-ther to amend the Chhattisgarh Land Revenue Code, 1959 (No. 20 of
1959).
Be it enacted by the Chhattisgarh Lcg islacurc in the Sixty- fifth Year o f the Repuhhc of
India. as follows :-
l. ( l) T hi s Act may be called the Chhattisgarh Land Revenue Code (Amendment) Short titl1• .111rl
CO llllllN\Cl'llll'ltl .
Act. 2014 .
(2) lt shall come into fo rce from the date of its publication in the Official Gazette.
2. In Section of l 65 of the Chhauisgarh Land Revenue Code, 1959 (No. 20 or 1959), Amendme111 of
Section 165.
(hereinafter referred to as the Principal Act),·
(I) ln clause (ii) of sub-section (6). for the punc tuation full stop the
punctuation colon'·:" shall be substituted.
(11) After clause (ii) of sub-section (6), the following shall be insened, namely :-
"Provided thar the provision of th is sub-section shall not be applicable

to the land acquired under the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30of2013 )."
3. ln Section 234 of the Principal Ac t,- /\mcndmenl ol

Section 234.
(]) In sub-section (3 ), for the punctuation full stop".", the punctuation colon'':"
shall be substituted.
(2) After sub-section (3), the following shall be added, namely: -
"Provided that the provision of this sec tion s hall not apply in case of
notification of any revenue village as an urban area and adoption of a
development scheme." ·
4. In sub-sectio n (4) of Section 247 of the Principal Act, fo r the words, figures and Amendmen t of
parentheses ''Land Acquisition Act, 1894 (I of 1894 )", the words, figures and Section 247.
parentheses "Right to Fair Compensation and. Transparency in Land Acqusition,
Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013)" shall be substitu ted.
- 203 .
-1 z 2..-
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Tf;iR; / 38 fu. ~- ~ . ~
30-05-2001."
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~ . ~ 30 ~ 2015
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~ ;), ~ ; ) , '!m~<lm ~1~1<11j«I<,

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529
-12~-
530
tfa·fttm(q ~
(~18~2015)
( 1)
"1TI l "fil .iffltr-{. 2. 3,Ji~,,~ll~m'@r. 1959 f!.ii. 20~1959) (-inwi:i~~~3ff~~~ll~

~) <ITT'4RT 2 cfi\'3Q-tml ( I ) ~ ~ (UJ-<fi) ~~f.i'-lfc:lf©ct 3Rf:~fifim'5ITTl :-
" (UJ-(51) " ~ ~,, ~ ~ t ~ &r-1l ifi ~ ~ /rci<fiRPITTArit ~ ?r,

~~~~~~-"
trm 165 "fil .iffltR. 3. ~ 3lfuf.r<:rn cfil '4m I 6 S cfil '3'Q- '4m ( 4) ~ ~ ~ ~ ~ (cit) ~ ~ f.n-1fi:t fulii
~:~~~. 31'~:-
trm 17 2 qi] .iffltr-{. 4. 1Wllf~i'tum mi't'3Q-um(t)~~~ifi ~... R'"1ITTf©i1 ~:~ w:r1

~.-
··~~,31R~~~~~i't~lffeitclfQcfi'Ri't~~t~
~.~~ (~ ) , 'i'!E1[<i l!',m:i ~ cif nT-Jqqcfil~ " ~ lTirF.nW ~ '3WTT i't~ if QFJ q"q
-f.t~«~ mm.t-mft«, -Fer.m~ ~wn.~~i't~~~~ ~
~~" ~ 'lftm, ~ W' ~ f<t;m~t.cTTclfQcfi'R ~ ~ i i ~ :
~ ·tiprrpn f<f. ~ mtR, frrfffirif ~ ft.& iiff.l ~ fcmm' if.T(UIT '1.3'QCT ~ t i

cir~w.m."
tnu 173 <lil .iffltr-{ 5.
(lf<!i) ~1f<i~ "~-"~~,1f<i~ "~m'@r~3l'tiR" ~~. ~om~ "(1 )"

~:~f.f;m;;i-m_
"< 2) mt<,, i't um 1n ~ ~ ~ i't ~ lffei ifi1 ~ , '3'Q-um c1) ~ ~

'3Q-~3ff~cir~~~.~~'efcl;7rr.''
124-
{fo-ilf!ll~ • J ~ . ~ 29 ~ 2015 530 (I)
~.mT<ii30~2015
~ 3964/"it. 144/ 21-~ /~./'fJ. - r . / 1 5 . - ~ ~ ~ ~ ~ 348 t ~ ( 3 ) ~~ii~ fum.T~

-8l4"ii@<t> -af~ ~ 30-04-2015 <f>T ~ ~Ku~·"CflM ~ 1l'TTti<f.1Hl ~ ~ Ffim ~ t
i§ffil'tl•I~ if; ~~'ll'll"~mll ~l~~ll:j,-81{,
~ m c i o . ~ ~-
CHHATTJSGAR.H ACT
(No. 18 of20 15 )
CHHATTISGARH LAND REVENUE (AMENDM ENT) ACf, 2015
An Act further to amend the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959).
Be it enacted by the Chhattisgarh Legislature in the Sixty-sixth Year of the Republic of

India, as fo llows:-
l. (I) This Act may be called the Chhanisgarh Land Revenue (Amendment) S hort title a nd
Act,2015. commtncement.
(.2) It shall come into force from the date of its publication in the Official Gazette.
1. After clause (o-a) of sub-section ( I) of Section 2 of the Chhanisgar!1 Land Revenue Code. .-\mendm en l of
1959 (No. 20 of 1959), (hereinafter refen-ed to as the Principal /\ct), the following shall be Srrtion 2.
inserted. namely:-
"(o-b) ·' Urban land.. means land adopted for other use except agriculture in
master plan/development policy of the urban areas."'
~
.). After clause (ii) of second proviso 10 sub-section (4) of Section 165 of the Principal Aci. Amrndm c nt of
the follow ing shall be inserted, namely:- Sec ti on 165 .
·•(iii) There shall not be funher transfer of land transfc1Tcd for industrial
purpose.
4. After second proviso to sub-section (l) of Section I Tl of the Principal Act. the follo1~ing .\mendmcnt or
shall be inserted. namely:- Scc lion 172.
"Provided further that it shall be compulsory to establish micro, sma ll and

medium industries within a period of three years and within a period of five years
in case of major industries, from the date of notice of diversion of land diverted for
industrial purposes. lf production after estab lishment of industry docs not start within
a abovememioned specified period then diversion sh al I automatica lly be deemed to have
become void :
Provided also funher that the State Government may. for special reasons to be
recorded in writing, extend the said period:·
-l.'.2.5-
530 (2)
Amendme nt of 5. In Section 173 of the Principal Act-

Sec1ion 173.
(i) After word and symbof ··Relinquishments.-" and before the words "'subject to
the rules", the figure and parentheses "(I)" shall be inserted.
(ii) After sub-section (1), the fo llowing shall be added, namely:-
"(2) Relinquishment of diverted land under Section 172 of the Code may be
made in accordance with su b-section (1) by giving written information
to Sub-divisional Officer:'

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The Chhattisgarh Land Revenue Code, 1959

MADHYA PRADESH ACT

THE MADHYA PRADESH LAND REVENUE CODE, 1959

I. Short title, extent and commencement. 232

3. Constitution of Board of Revenue. 236

4. Principal seat and other places of sittings of Board of Revenue. 236

5. Conditions of service of members of Board. 236

6. Salaries and allowances. 236

7. Jurisdiction of Board. 236

8. Powers of superintendence of Board. 237

9. Exercise of jurisdiction by single members and benches. 237

Revenue Officers, their Classes and Powers

12. Control over Revenue Officers. 237

I 3. Power to alter, create or abolish divisions, districts, sub-divisions 23 7

14. Power to appoint Commissioners of divisions. 238

15. Power to appoint Additional Commissioner. 238

16. Power to appoint Collector. 238

17. Power to appoint Additional Collectors. 238

18. Appointment and powers of Assistant Collectors and Deputy 238

21 . Other Officers. 239

24. Conferral by State Gowrnme r;1 Powers of Revenue Officers 239

25. Powers exercisable on transfer. 239

34. Compelling attendance of witness. 241

37. Power to award costs. 241 ,.

40. Effect of rules in Schedule I. 242

Appeal, Revision and Review

44. Appeal and appellate authorities. 243

46. No appeal against certain orders. 244

47., Limitation of appc..ls. 244

48. Copy of order objected to accompany petition. 245

50. Revision. 245

51. Review of orders. 246

32. Stay of execution of orders. 247

34. Pending revisions. 247

35. Application of Chapter. 247

36. Construction of order. 247

38.-A. Certain land to be exempted from payment of land revenue. 248

59.-A. Assessment when to take effect. 250

69. Separate demarcation of land diverted or specially assigned. 251

70. Power to renumber or Sub-divide survey numbers. 251

71. Entry of survev numbers and sub-divisions in records. 252

72. Determination of abadi of vil!age. 252

89. Power of Sub-Divisional Offier to correct errors. 254

91-A. Power to make rules. 255 i

Assessment and Re-Assessment of Land in Urban areas

92. Provisions of Chapter to apply to land in urban areas. 255

94. Powers of Collector to renumber or sub-divide plot numbers. 255

96. Area in town formed in to blocks for assessment. 256

98. Fixation of standard rates of assessment. 256

101. Term of settlement. 257

105. Formation of revenue inspectors circles. 257

1-07. Field map. .257

108. Record of rights.

109. Acquisition of rights to be reported.

110. Mutation of acqiusition of right in Field Book and other relevaii.t

ll I. Jurisdiction of Civil Courts. 25'

112. Intimation of transfers by Registering Officers. 259

113. Correction of clerical errors. 2~

114. Land records. 2~

114-A. Bhoo Adhikar Avam Rin Pustika. 259

117. Presumption as to entries in land records. 260

' ll8. Obligation to furnish information as to title. 260

119. Penalty for neglect to furnish information. 260