Progress of Land Reform Measures During British period, land reforms had a very limited scope and content. These land reforms were motivated not by consideration consideration of improving improving production, nor did they have any sense of social justice. They were meant to safeguard British political inuence in the rural areas and save the rural rural market market from from being being completel completely y pauperiz pauperized. ed. Thus, Thus, the structur structure e of agrarian agrarian societ society y evolve evolved d under under Briti British sh rule, rule, creat created ed a socio socioec econo onomic mic set up in which which parasi parasitis tism m ouris ourished hed,, land land concen concentra tratio tion n in the hands hands of a few rural rural rich rich contin continued ued to grow grow,, and landlessness and land hunger of the peasants mounted at an over increasing pace. !victions and and inse insecu curi rity ty of tena tenanc ncy y and and rack rack renti enting ng beca became me a gene genera rall phen phenom omen enon on and and the the cultivators were ground down by a colossal burden of indebtedness. "ince independence, the government has been laying ade#uate stress on implementation of land reforms. The land reforms measures aimed at removal of structural impediments to $% increasing productivity and to ensure a fair degree of e#uality in the distribution of land resources. &n the implementation of some such measures numbers of land reform laws have been been enacte enacted d by the 'entra 'entrall and "tate "tate gover governme nment nt after after indep indepen enden dence. ce. (oweve (owever, r, the the success of implementation of various measures varied from "tate to "tate. )ollowing various land reforms measures have been adopted in &ndia in order to make rural &ndia free form all kind of social injustice and e*ploitation by the zamindars. They are+ a -bolition of amindar system b 'eiling on land holdings c Tenancy Tenancy reforms d 'onsolidation of holding
a) Abolition of Zamindari System: -bolition of amindar system is the /rst measure in the /eld of agrarian reform. The general compulsi compulsion on underlyi underlying ng the abolition abolition of the intermedi intermediaries aries was the concentr concentratio ation n of land ownership in the hands of a parasitic class who played no positive role in production production while the vast vast mass mass of small small peasa peasants nts,, who were were the actua actuall culti cultivat vator ors, s, were were divor divorced ced from from the the ownership of land. This discrepancy became the root cause of the state of chronic crises in which which the the &ndian &ndian agricu agricultu ltural ral econo economy my was enmesh enmeshed ed for severa severall decade decades s befor before e the attainment of independence. &t remained a completely stagnant economy. To To overcome from the above, the /rst step taken towards restructuring restructuring the land reforms was in the shape of abolition of intermediary tenures like zamindaris, jagirs, inams, etc. between the government and actual tillers of the land. -bolition of zamindari system involved removal of inte interrmedi mediar arie ies, s, conf confer erri ring ng per permane manent nt right ights s in the the land land actu actual al cult cultiv ivat ator ors s and and standardization of land rents. 0egislative measures for the abolition of intermediaries were also initiated soon after the independence, starting with 1ttar 2radesh and being followed up in other "tates. The whole
process of legal enactments on this issue was completed in the country within a decade, i.e. from $345 to $3%5. "ince land reform was a "tate subject, actual enactments abolishing intermediaries were marked by certain variations from "tate to "tate. This change had been acclaimed as a major achievement in the /eld of land reforms during the past few years.
b) Ceiling on Land Holdings: 'eiling on land holdings refers to the /*ation of ma*imum size of a holding that an individual cultivator or a household may possess. 'eiling on land holding can be categorized in two ways. )irstly, ceiling for future ac#uisition which implies that a tenure holder holding land below ceiling can ac#uire land only up to that limit and no further. "econdly ceiling on e*isting holdings means to permit a cultivator to have in his occupation the /*ed ma*imum land and no more. The idea underlying /*ing of a ceiling on e*isting land holdings is to ac#uire ac#uire surplus over and above the /*ed ma*imum and distribute the land thus ac#uired to the landless labourers. Thus the imposition of ceiling on agricultural agricultural holdings is mainly a redistribution redistribution measure. The idea basically is to ration the land in such a way that, above a certain level, the surplus land is taken away from the present holders and is distributed to the landless or to the small farmers. This will reduce reduce the wide disparities disparities of income income and wealth found in in the agrarian structure. structure. The The imposition of ceiling on agriculture holdings was found necessary as part of the scheme of agrarian reform because it was calculated to remove undue balance in society resulting from landless class on the one hand and concentration of land in the hands of few on the other.
c) Tenancy Tenancy Reforms: R eforms: The /rst phase of land reforms reforms 6$37844 was mainly concerned concerned with the abolition of intermediaries. The tenancy reform which is the integral part of land reform policy favoured neither wholesale removal of landlordism nor the wholesale abolition of tenant cultivators. (ence, the middle course was adopted. Thus certain amendments to the e*isting tenancy laws were carried out along with the legislations legislations for the abolition of intermediaries. intermediaries. -s a result of tenancy legislations, in many "tates the tenants and subtenants have been brought into direct relationship with the "tate. But the progress was very slow in some "tates due to the following reasons+ 9 The The legi legis slati lation on has has not not been been able able to meet meet the the obje object cts s laid laid down down by the the 2lan 2lanni ning ng 'ommission. The /*ation of statutory rent was very high in some "tates. 9 The term personal personal cultivati cultivation on was de/ned de/ned in a loose loose manner manner. Because Because of this, this, the lands ostensibly resumed by the landlords on the prete*t of personal cultivation are cultivated through cropsharing arrangements where the sharers are treated as labourers. 9 The de/nition of the term :tenant: e*cluded the share croppers who form a vast majority of the tenant cultivators. Thus share croppers did not get any bene/t. 9 The nonavailability of correct and uptodate land records has not allowed to carry out the tenancy reforms properly. 9 The tenants can be evicted from their holdings on many grounds. This has been termed as a continuing hang over of the feudal system.
d) Consolidation of Holding: &ndia is a land of very small, fragmented and uneconomical holdings. That is why need of consolidating these fragmented holdings was felt in order to improve their productivity and viability of investments. 0egislations have been introduced by vari variou ous s "tat "tate e gove goverrnmen nments ts,, on thes these e line lines. s. 'ons 'onsol olid idat atio ion n of land land is a proc proces ess s of rearrangement of land on the basis of e*isting rights. ;any "tates have not shown any enthusiasm for implementing such legislations. legislations.
overnments touching upon following measures, like+ •
•
-bolition of intermediaries. intermediaries. Tenancy Tenancy reforms reforms to regulate regulate fair rent rent and provide provide security to tenure.
•
'eilings on holdings and distribution of surplus land among the landlords.
•
'onsolidation of holdings and prevention of their further fragmentation and
•
Development of cooperative farming etc.
The objective resolution resolution which was proposed proposed by ?awaharlal @ehru which had laid down the philosophy underlying the present 'onstitution reads as, AThe guarantee and security to all the people of &ndia, justice, social, economic and political e#uality of status of opportunity, before the law freedom of thought, e*pression, belief, faith, worship, vocation, association and and acti action on,, su subj bjec ectt to law law and and publ public ic mora morali lity ty was was the the obje object ctiv ives es for for draf drafti ting ng the the 'onstitution.C 'onstitution.C "ocial security was one, inter alia, objectives that 'onstitution framers had kept in their mind at the time of enacting the 'onstitution and to achieve this objective it was #uite necessary to review e*isting 6at that time land tenure and revenue system and for this purpose the &ndian 'onstitution on the date of %th ?anuary, $345 contained some provisions to refor reform m the prese present nt agrari agrarian an struct structur ure e and to prote protect ct the steps steps of gover governme nment nt from from unnecessary attacks in achieving the objective of social security. But, due to very shorter foresight, the right to property was included in the )undamental Eights which proved to be a major threat to agrarian reform legislation. (owever the steps of ruling party to give life to the agrarian reforms were soon subjected to attacks, as being in violation of fundamental rights, by the zamindars, with this handicapped provisions it was #uite #uite diFcult diFcult for the government government to achieve achieve the goal of "ocialis "ocialistt &ndia &ndia through through agrarian agrarian
reforms to remove widespread ine#uality in terms of land tenure which was established rigidly by the British rulers.
Conict beteen Rig!t to Pro"erty and Agrarian Reforms: 0and, land tenures, land holdings, consolidation etc. are under the e*clusive legislative and administrative jurisdiction of the "tates. 6!ntry @o.$8 of 0ist && 6"tate 0ist in the "eventh "chedule of the 'onstitution of &ndia (owever, the 'entral >overnment has been playing an advisory and coordinating role in the /eld of land reforms since the )irst )iveGear 2lan. -grarian reforms have been a core issue for rural reconstruction as a means of ensuring social justice to actual tillers and the landless rural poor. poor. But attempt of the 'entre and "tates with respect to enact land reform laws were aHected by the fundamental right to property which was guaranteed under 2art &&& of the 'onstitution of &ndia. The right to property has been the one which was subjected to the largest number of -mendments. The 2rinciples of agrarian reforms have become an antithesis of the right to property. -s a resu result, lt, coni conict ct starte started d betwee between n agrari agrarian an refor reforms ms and right right to prope property rty. Both Both have have become sworn enemies. Eight to property will be given less importance when the "tate gives scope scope to the agrar agrarian ian refor reform m visa visavis vis when when the "tate "tate shows shows keen keen inter interest est to prote protect ct fundamental right to property of the citizen, it is very diFcult to concentrate on agrarian reforms. "uch a dilemma was faced by the government. But ignoring this and to ful/ll the promise made before independence which was the election manifesto of the &ndian 'ongress, 'ongress, the government started to enact land reforms legislation to abolish zamindari system. This initiation irked the land lords, as a result, a number of petitions were /led by the zamindars before the court of law to #uestion the constitutional constitutional validity of those agrarian laws. )irstly, the constitutional validity of Bihar 0and Eeforms -ct, $345 was challenged in the (igh 'ourt 'ourt of 2atna atna in #ames!ar Sing! $% State of &i!ar . &n this case, 'ourt held that the Bihar legislation relating to land reforms were unconstitutional. unconstitutional. But at the same time on same issues, the (igh 'ourt of -llahabad and @agpur upheld the validity of the corresponding legislative measures passed in those "tates. The parties aggrieved had /led appeals before the "upreme 'ourt. -t the same time, certain zamindars had also approached the "upreme 'ourt under -rt.I of the 'onstitution. Before Before "upreme "upreme 'ourt 'ourt entertain entertaining ing these these appeals appeals /led against the decisions decisions of diHerent diHerent "tateJ "tateJs s (igh (igh 'ourts 'ourts on the the validi validity ty or otherw otherwise ise of this this type type of legisl legislati ation on,, the 'entra 'entrall >overnment under the leadership of "hri ?awaharlal @ehru became restless at the delay being caused by litigation in furthering the programme of agricultural land reforms and thought of short circuiting the judicial process. "hri ?awaharlal @ehru was an ardent supporter of agrarian reforms which he regarded as a process of social reform and social engineering. The 'entre wanted to remove any possibility of such laws being declared invalid by the courts and have brought brought the amendment to put an end to all these litigations. Therefore, Therefore, the 'entral >overnment in order to carry out agrarian scheme sponsored sponsored by the party in the power brought the 'onstitutional 6)irst -mendment -ct, $34$ by which -rts.I$and I$B were introduced and in the same amendment, the 2arliament inserted the @inth "chedule containing thirteen items, all relating to land reform laws, immunizing these laws from challenge on the ground of contravention of -rt.$I of the 'onstitution. -rt.$I, inter alia, provides that the "tate shall not make any law which takes away or abridges the rights
conferred by 2art &&& and any law made in contravention thereof shall, to the e*tent of the contravention, contravention, be void. Thereafter, Thereafter, the 'onstitutional 'onstitutional validity of the )irst -mendment was #uestioned in San'ari Pras Prasad ad Sing Sing! ! (eo (eo $% nio nion n of *nd *ndia "upr "uprem eme e 'our 'ourtt in this this case case uphe upheld ld the the )irst irst -men -mendm dmen entt sinc since e it was was prot protec ecti ting ng the the inte interrest est of agra agrari rian ans. s. The The main main obje object ct of the the amendment amendment was to fully fully secure secure the constitu constitutiona tionall validity validity of zamindar zamindarii abolitio abolition n laws in general and certain speci/ed -cts in particular and save those provisions from the dilatory litigatio litigation n which which resulted resulted in holding holding up the implementatio implementation n of the social reform reform measures measures aHecting large number of people. 1pholding the constitutional amendment and repelling the challenge in Sa++an Sing! $% State of Ra+ast!an the law declared in "ankari 2rasad was reiterated. &t was noted that -rts.I$- and I$B were added to the 'onstitution realizing that "tate legislative measures adopted by certain "tates for giving eHect to the policy of agrarian refor eforms ms have have to face face seri seriou ous s chal challe leng nge e in the the cour courts ts of law law on the the grou ground nd that that they they contravene the fundamental rights guaranteed to the citizen by 2art &&&. The 'ourt observed that the genesis of the amendment made by adding -rts.I$- and I$B is to assist the "tate 0egisl 0egislatu ature res s to give give eHect eHect to the econom economic ic polic policy y to bring bring about about much much needed needed agrari agrarian an reforms. But in *%C% ,ola' -at! . /rs% $% State of Pun+ab . Anr0 a Bench of $$ ?udges considered the correctness of the view that had been taken in San'ari Prasad and Sa++an Sing!. By majority of si* to /ve, these decisions were overruled. But, the decision in #es!a$ananda &!arati1s case was rendered on 7th -pril, $3KI by a $I ?udges Bench and by majority of seven to si* ,ola' -at!1s case was overruled. The majority opinion held that -rt.I%8 did not enable the 2arliament to alter the basic structure structure or framework of the 'onstitution. )rom S!an'ari Prasad case to *%R% Coel!o , many land reforms issues have been discussed discussed by the &ndian judiciary. ;any attempts have also been made by the 2arliament in order to bring socioeconomic development through agrarian reforms. ?udiciary in diHerent cases also agreed and upheld the validity of these land reform legislations legislations since the object of those -cts is to e*tinguish the interests of intermediaries like zamindars, proprietors, and estate and tenureholders etc., and to bring the actual cultivator into direct relations with the "tate >overnment. ;oreov ;oreover, er, in the the )irst irst -mend -mendmen ment, t, the $I laws laws includ included ed in the @inth @inth "ched "chedule ule by the 2arliam arliament ent were were e*cl e*clus usive ively ly relat relating ing to land land refor reforms. ms. Bu Butt after after two decade decades s from from the commencement of the 'onstitution, the 2arliament started to abuse this "chedule in the name of land reforms. They started to insert even nonland reform 6hybrid laws into the "chedule which have no ne*us with agrarian reforms such as, The Eepresentation of the 2eople -ct, $34$, The &ndustries 6Development and Eegulation Eegulation -ct, $34$, The Ee#uisitioning Ee#uisitioning and -c#uisition of &mmovable 2roperty -ct, $34, The ;ines and ;inerals 6Eegulation and Development -ct, $34K, The ;onopolies and Eestrictive Trade 2ractices -ct, $3%3 etc. ;oreover, to secure above laws, 2arliament by )irst -mendment e*cluded the judicial review to #uestion the constitutional validity of those laws placed in the @inth "chedule. This kind of development is really great treachery treachery committed against 'onstitutional 'onstitutional principles and values. &n order to prevent the abuse of this "chedule by the 2arliament, for the /rst time "upreme 'ourt, 'ourt, in in #es!a$ananda &!ara!ti case invented the device of Basic "tructure Doctrine. -ccording to this doctrine, 2arliament has power to amend any provisions of the 'onstitution including fundamental rights e*cept basic structure. -s a result, this doctrine for the /rst,
time imposed an implied limitation upon the unlimited amending power of the 2arliament. !ach judge laid out separately, what he thought were the basic or essential features of the 'onst 'onstitu itutio tion. n. This This is how, how, the judge judges s of "upr "upreme eme 'ourt 'ourt start started ed to de/ne de/ne what what featur features es constitute basic structure.
Miner$a $a Mills Mills case0 case0 Sam"a Sam"at! t! #umar #umar case0 case0 L% C!and C!andra ra 'umar 'umar Case0 Case0 Sub!es Sub!es! ! &n Miner S!arma $% nion of *ndia23 and 4aman Rao , in these cases "upreme 'ourt considered ?udicial Eeview as a basic "tructure. "tructure. By interpreting interpreting and saying, so many aspects as basic structure, structure, they limited the power of amendment e*ercised e*ercised by the 2arliament under -rt.I%8 of the 'onstitution. &n this regard, the Eesearcher has discussed this concept of basic structure in detail in the /fth chapter focusing upon the same in pre and post #es!a$anand5s case . (oweve (owever, r, in *%R% Coel!o case, noting the nature of -rt.I$B and the @inth "chedule, the court states that the original intent of the )irst )irst -mendment that inserted -rt.I$B was only to protect limited laws dealing with land reforms, but the e*ercise of this power had resulted in covering numerous laws with in the @inth "chedule. )inally "upreme 'ourt held that all laws included in @inth "chedule after -pril 7, $3KI are subjected to judicial review if they are violative of basic structures of the 'onstitution.
UP Revenue Code, 2006 – Notes
Meaning of Certain Terms: Terms: •
•
•
•
•
LAgricultureJ includes horticulture, animal husbandry, pisciculture, ower farming, bee keeping and poultry farming LRe$enue Court5 means all or any of the following authorities 6that is to say the Board and all members thereof, 'ommissioners, -dditional 'ommissioner, 'ollectors, -ddition -dditional al 'ollecto 'ollectors, rs, -ssi -ssistan stantt 'ollector 'ollectors, s, "ettlement "ettlement
(i$ision of State into re$enue areas 9 )or the purpose of this 'ode, the "tate shall be divided into revenue areas comprising divisions which may consist of one or more districts, and each district may consist of one or more Tahsils and each Tahsil may consist of one or more parganas, and each pargana may consist of two or more villages. Constitution of re$enue areas 9 6$ The "tate >overnment may, by noti/cation, specify specify 6i the districts which constitute a division 6ii the subdivisions which constitute a district 6iii the villages which constitute a tahsil 6which shall be coterminus co terminus with a subdivision. 6 The "tate >overnment may, by noti/cation, alter the limits of any revenue area referred referred to in sub subse sect ctio ion n 6$ 6$ by amal amalga gama mati tion on,, readj eadjus ustm tmen ent, t, divi divisi sion on or in any any othe otherr mann manner er whatsoever, or abolish any such revenue area area and may name and alter the name of any such revenue area, and in any case where any area is renamed, then all reference in any law or instrument or other document to the area under its original name shall be deemed to be references to the areas as renamed unless e*pressly provided otherwise
&oard of Re$enue 9 6$ There shall be a Board of Eevenue for 1ttar 2radesh consisting of a 'hairman and such other members as the "tate >overnment may, from time to time, appoint 2rovid ovided ed that that the the Boar Board d as cons consti titu tute ted d and and func functi tion onin ing g imme immedi diat atel ely y befo beforre the the commencement of this shall be deemed to be the Board constituted under this "ection. 6 The principal seat of business of the board shall be at 0ucknow and the judicial members may hold their 'ourts at -llahabad or 0ucknow as the 'hairman from time to time directs. 6I @o person shall be #uali/ed for appointment as M 6a an -dministrative ;ember of the Board, unless he has held an oFce not lower in rank than that of a 'ommissioner 6b a ?udicial ;ember of the Board, unless he has been a revenue oFcer. 67 The "tate >overnment may, at the time of making the appointment or at any time subse#uent thereto, designate any member, as ?udicial ;ember of the Board, and any such member shall be allotted only judicial business. business.
urisdiction of t!e &oard 6$ The Board shall be the 'hief 'ontrolling -uthority 6a in all matters relating to disposal of cases, appeals, references or revisions and 6b subject to the superintendence, superintendence, direction and control of the "tate >overnment, in all other matters provided in this 'ode. 6 "ubject to the provisions of the subsection 6$, the Board shall e*ercise, perform and discharge powers, functions and duties conferred upon it by or under this 'ode or any other law for the time being in force. 6I The "tate >overnment may authorize any member of the Board to e*ercise, perform and discharge either generally or in respect of any particular locality or matter, all or any of the powers, functions and duties conferred or imposed on the Board.
(ecision of t!e &oard 9 6$ Nhere any proceeding coming under the consideration of the Board on appeal or in revision is heard by a Bench composed of two or more members, the
case shall be decided in accordance with the opinion of such members or of the majority, if any, of such members. 6 Nhere the members of the Board constituting the Bench are e#ually divided in opinion as to the decision of a case, it shall be heard by a larger Bench to be constituted by the 'hairman, and the case shall be decided in accordance with the opinion of the members constituting such Bench or of the majority, if any, of such members. 6I -ll decision given by a members sitting singly, or by a Division Bench comprising two members or a larger Bench constituted as aforesaid shall be deemed to be decisions of the Board.
;i
(estruction etc% of boundary mar's . 6$ if any boundary mark lawfully erected in a 0ekhpal circle is destroyed, removed or damaged, then the concerned 0ekhpal shall be bound promptly to report the matter to the @aib Tehsildaar. 6 The @aib Tahsildar shall make an in#uiry in respect of such report and shall submit his recommendation to the "ubDivisional
Poer Poer to re=uir re=uire e erect erection ion00 re"air re"air or rene reneal al of bound boundary ary mar's mar's. 6$ 6$ The The "ub "ub Divisional ram "abha in relation to a village and a tenure holder in relation to his holding, to erect or restore proper boundary marks or to repair or replace the same in such manner as may be prescribed. 6 Nhere the >ram "abha or a tenure holder fails to erect, restore, repair or replace the boundary marks as re#uired under subsection 6$, the "ubDivisional "ubDivisional ram >ram "abh "abha a or the the tenu tenurre hold holder er in the the mann manner er prescribed.
(is"ute regarding boundaries 6$ The subDivisional
period period of three three months months precedi preceding ng the commencem commencement ent of the in#uiry, in#uiry, the "ubDivis "ubDivisiona ionall
Main Mainte tena nanc nce e of Ma" Ma" and and ;iel ;ield d &o &oo' o' 9 The 'ollector shall maintain, in the manner prescribed, a map and a /eld book 6khasra for each such village and shall cause to be recorded therein, annually, or at such longer intervals as may be prescribed, all changes in the boundaries of the village or survey numbers, and shall also cause to be corrected, any errors or omissions which are, from time to time, detected in such map or /eld book 6khasra. Record of Rig!ts 9 The 'ollector shall maintain, in the form and manner prescribed, a record of rights 6khatauni for each village, which shall contain the following particulars, namely 6a the names of all tenure holders together with survey numbers or plot numbers held by them and their areas 6b the nature or e*tent of the respective interests of such persons and the conditions or liabilities, liabilities, if any, attaching thereto thereto 6c the rent or revenue, if any, payable by or to any such person 6d particulars of all land 6other than holdings belonging to or vested in the "tate >overnment, >ram "abha or a local authority 6e such other particulars as may be prescribed.
Public Land: 9 Title of State in all lands etc%9 -ll public roads, lanes and paths, bridges, ditches, dykes and fences on or beside them, the bed of rivers, streams, nallas, lakes, ponds and tanks and all canals and water channels, and all standing and owing water, and all lands wherever situated, which are not owned by any person, and e*cept insofar as any rights of any persons may be established in or over the same, and e*cept as may be otherwise provided in any law for the time being in force, are hereby declared, with all rights in or over the same, or appertaining thereto, thereto, to be the property of the "tate >overnment+ 2rovide that nothing in this section shall be deemed to aHect the rights of any person subsisting in any such property immediately before the date of commencement of this 'ode. Mines and minerals%9 6$ @otwithstanding anything contained in this 'ode, the right to operate or work in any mine or to e*tract any mineral therefrom shall be governed by the ;ines and ;inerals 6Development and Eegulations -ct, $34K. 6 !very lessee of building or land, leased or deemed to have been leased out by the "tate >overnment under any of the enactments repealed by this 'ode, for the purposes connected with the working or e*traction of any mine or mineral, and operating on the date of commencement of this 'ode, shall
continue to retain possession thereof on payment of such rent as was in force on the date of such commencement.
Rig!ts in trees 9 6$ -ll trees e*isting on any holding or grove shall, subject to the provisions of this code or any other law for the time being in force, be deemed to belong to the person who holds such holding or grove. 6 -ll trees e*isting on the boundary of any holdings shall be deemed to belong jointly to the persons who hold the holdings on either side of such boundary.
;ruit bearing trees 6$ Nhere before the commencement of this 'ode, any fruit bearing tree was planted by any person on either side of any public road or path or canal with the permission in writing of any revenue oFcer or any oFcer of the )orest or 2ublic Norks Depar Departme tment nt or &rrig &rrigati ation on Depart Departmen mentt of the "tate "tate >over >overnme nment, nt, no below below the rank rank of a Tahsildar Tahsildar or an -ssistant -ssistant 'onservator of )orest )orest or an -ssistant !ngineer, as the case may be, then, notwithstanding that such land vests in the "tate >overnment, such person and his legal representative shall be entitled to the fruits of such trees without payment of any charges whatsoever. >ntrustment of land etc% to ,ram Sab!as and ot!er local aut!orities 6$ The "tate >overnment may, by general or special order to be published in the manner prescribed, entrust all or any of the things, which vest in the "tate >overnment, to a >ram "abha or other local authority for the purposes of superintendence, superintendence, preservation, management and control in accordance with the provisions of this 'ode. 6 The following things may be entrusted to a >ram "abha or other local authority under sub section 6$, namely 6i land, whether cultivable or otherwise, e*cept land for the time being comprised in any holding or grove 6ii grove standing on the >ram "abha land, pasture land, graveyard, cremation ground, manure pits, =haliyans, 'hakroads, link roads, sector roads, land in river bed, road, "adak =hanti, "ullage farm 6iii forests and /sheries 6iv trees, other than trees in a holding or on the boundary of a holding or in a grove or abadi, or any trees on unoccupi unoccupied ed land land 6v hats, hats, bazaars bazaars,, melas, melas, tanks, tanks, ponds, ponds, waterchan waterchannels, nels, private private ferries ferries,, pathways and abadi sites
(uties of t!e &!umi Praband!a' Samiti 9 6$ "ubject to the provisions provisions of this 'ode, every Bhumi 2rabandhak "amiti shall be charged, for and on behalf of the >ram "abha, with the superi superinte ntende ndence nce,, prese preserva rvatio tion, n, manage managemen mentt and contr control ol of all land land and other other thing things s entrusted or deemed to be entrusted to that >ram "abha or over which such >ram "abha is entitled to take possession. 6 Nithout prejudice to the generality of the foregoing provisions, provisions, the functions and duties of the Bhumi 2rabandhak "amiti shall include+ 6a the settlement and management of land 6b the preservation, maintenance and development of forests and trees 6c the maintenance and development of abadi sites and village communications 6d the management of hats, bazaars and melas 6e the maintenance and development of /sheries and tanks 6f the development of cottage industries 6g the development and improvement of agriculture 6h the conduct and prosecution of suits and proceedings by or against the >ram "abha and 6i such other matters as may be prescribed.
Classes of tenure !olders 9 There shall shall be following following classes classes of tenure tenure holders, namely namely 6a Bhumidhar with with transferable transferable rights+ 6b Bhumidhar with nottransferable nottransferable rights+ rights+ 6c -sami -sami and and 6d >overnment >overnment lessee.
&!umid!a &!umid!ar r it! transfera transferable ble rig!ts9 rig!ts9 !very !very perso person n belong belonging ing to any of the follow following ing classes shall be called bhumidhar with transferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhar by or under this code namely 6a !very person who was a bhumidhar with transferable rights immediately before the date of commencement of this code. 6b !very person who in any other manner ac#uires on or after the said date the rights of such a bhumidhar under or in accordance with the provisions of this coder under any other law for the time being in force. &!umid!a &!umid!ar r it! non9trans non9transfera ferable ble rig!ts9 rig!ts9 6$ 6$ !ver !very y pers person on belo belong ngin ing g to any any of the the following classes shall be called a bhumidhar with nontransferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhar by or under this code namely 6a every person who was a bhumidhar with nontransferable rights immedi immediate ately ly befor before e the date of comme commence ncemen mentt of this this 'ode 'ode 6b every perso person n who who is admitted as a bhumidhar with nontransferable rights on or after the said date by the Bhumi 2rabandhak 2rabandhak "amiti to any land. Asami 9 !very person belonging to any of the following classes, shall be called as asami, and shall have all the rights and be subject to all the liabilities conferred or imposed upon such asami by or under this 'ode, namely 6a every person who was an asami immediately before the date of commencement of this 'ode 6b every person who is admitted as an asami on or after the said date by the Bhumi 2rabandhak "amiti to any land under or in accordance with the provisions of this 'ode 6c every person who is admitted as lessee on or after the said date, by a bhumidhar of any land.
Rig!t of &!umid!ars to e
Mortg Mortgage age of land land by b!umi b!umid!a d!ar r it! it! non9tr non9trans ansfer ferab able le rig!ts rig!ts%9 %9 "ubj "ubjec ectt to the the provi provisi sions ons of this this 'ode, 'ode, the the inter interest est of a bhumi bhumidha dharr with with nontr nontrans ansfer ferabl able e rights rights in any holding or its part may be 6a transferred by mortgage without possession as security for a loan taken or to be taken from the "tate >overnment or a bank or a cooperative society or the 1.2. "tate -gro &ndustrial 'orporation 0td., or any other /nancial institution owned and
controlled by such >overnment. 6b sold in e*ecution of a decree of any 'ourt regarding the matter referred referred to in clause 6a or in proceedings for collection of land revenue under 'hapter O&&.
Restriction on lease 9 @o bhumidhar or asami shall let out his holding or any part thereof, e*cept 6a in the cases of lease by a disabled person or 6b to a recognized educational institution imparting instruction in agriculture. Lease by a disabled "erson 9 6$ - bhumidhar or an asami holding land from a >ram "abha, may let out the whole or part of his holding for a period not e*ceeding three years at a time, if he is a disabled person, that is to say, he belongs to any one of the under mentioned classes+ 6a a mentally ill or mentally retarded person, the letting in such a case being made by his guardian or by the manager of his property. 6b a person incapable of cultivation by reason of any physical in/rmity 6c a deity or a wa#f 6d a widow or an unmarried woman 6e a marrie married d woman woman,, provi provided ded she she is divor divorced ced or has been desert deserted ed by her husband husband or is judicially separated from her husband or is living separately on account of cruelty of her husband or her husbandJs relatives, or her husband belongs to class 6a, class 6b, class 6g or class 6h 6f a minor whose father is either dead or belongs to class 6a, class 6b, class 6g, class 6h or class 6i or class 6j, the letting in such a case being made by guardian of his property 6g a person blow 4 years in age who is prosecuted studies in any recognized educational institution institution and whose father is either dead or belongs to class 6a, class 6h, class 6i or class 6j+ 6h a person serving in ;ilitary, @aval or -ir services of the 1nion of &ndia or his wife or her husband living with him or with her 6i any other >overnment servant or his wife or her husband living with him or with her 6j any person under detention on undergoing imprisonment. Lease !o made%9 @otwithstanding anything contained in the Transfer of 2roperty -ct, $88 6-ct @o.$7 of $88, or the &ndian Eegistration -ct, $358 6-ct @o.$% of $358, a lease for a period e*ceeding one year shall be made either by a registered instrument or in the manner prescribed. Restrictions on transfer by b!umid!ars belonging to a sc!eduled case%9 6$ Nithout prejudice to the provisions of this 'hapter, no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land, situate outside the limits limits of develo developme pment nt author authoriti ities es const constitu ituted ted under under 1ttar 1ttar 2rade 2radesh sh urban urban 2lann 2lanning ing and Development -ct, $3KI, to a person not belonging to a scheduled caster, e*cept with the previous permission on the 'ollector in writing + 2rovided that no such permission shall be granted by the 'ollector, if the transferor will come to hold less than $.%4 hectare of land in 1ttar 2radesh as a result of such transfer. Restriction on transfer by b!umid!ars of sc!eduled tribes%9 Nithout prejudice to the provisions provisions of this 'hapter, no bhumidhar belonging to a scheduled tribe shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled tribe. Mortgage by members of sc!eduled caste and sc!eduled tribes%9 - bhumidhar or an asami belonging to a scheduled caste or a scheduled tribe may, notwithstanding anything contained in any other provision of this 'ode, transfer his interest in any holding or part, by mortgage without possession as security for a loan taken or to be taken from the "tate >overnment.
>ram "abha or a local authority.
Conse=uences of e
Succession to oman in!eriting interest as a female !eir 9 Nhere before or after the commencement of this 'ode, any woman inherits the interest of a male bhumidhar, asami or government lessee in any holding, and such woman dies, marries or remarries after such commencement, then, her interest in the holding shall devolve upon the nearest surviving heir of the last male bhumidhar, bhumidhar, asami or government lessee, lessee, as the case may be. T!e folloing are t!e !eirs of a female b!umid!ar or asami at t!e time of !er deat!: 6a son, son, unmarri unmarried ed daughter daughter,, sonJs sonJs son, sonJs sonJs son, predeceas predeceased ed sonJs sonJs widow, widow, and predeceased sonJs predeceased sonJs widow, in e#ual shares per stirps+ 2rovided /rstly that the nearer shall e*clude the remoter in the same branch+ 2rovided secondly that the a widow who has remarried, shall be e*cluded. 6b husband 6c married daughter 6d daughterJs son 6e father 6f widowed mother 6g brother, being the son of the same father as the deceased and brotherJs son per stirps 6h unmarried sister 6i married sister 6j sisterJs son.
/t!er conditions regarding succession: 9 6a &f a bhumidhar or asami dies intestate, and at the time of his death, a child was in the womb who was subse#uently born alive, then such child child shalh have the same right to inherit as if he or she has been born before before the death of such bhumidhar or asami, and the inheritance shall be deemed to vest in such a case with eHect from the date of death of such bhumidhar or asami 6b Nhere two persons have died in circumstances rendering it uncertain whether either of them and if so which survived the other, then for purposes of devolution of interest in any holding, it shall be resumed, until the contrary is proved, that the hounger survived the elder
6c - person who commits murder of a bhumidhar or asami, or abets the commission of such murder, shall be dis#uali/ed from inheriting the interest of the decreased in any holding. 6d &f any person is dis#uali/ed from inheriting the interest interest in the holding of any bhumidhar or asami under clause 6c, such interest shall devolve as if the dis#uali/ed person had died before the death of such bhumidhar or asami.
SRR>-(>R A-( A&A-(/-M>-T Surrender by b!umid!ar. 6$ - bhumidhar may surrender his interest in any holding or any part thereof by giving an application in writing to the Tahsildar Tahsildar intimating his intention to do so and by giving up possession possession thereof to him whether or not such holding is let. 6 Nhere only part of a holding has been surrendered, the Tahsildar shall apportion the land revenue payable by such bhumidhar.
Surrender by asami%9 -n asami may surrender his interest in any holding 6but not any part thereof by giving notice in writing to the land holder intimating his intention to do so, and by giving up possession thereof to him. >?ect of surrender% 6$ - bhumidhar or asami shall be deemed to have surrendered any land held by him, with eHect from the date when possession over such land is given up. 6 Nhere any land is so surrendered+ 6a by an asami, his right, title or interest in such land shall shall be deemed deemed to have have been been e*tin e*tingu guish ished ed from from the date of such such surr surrender ender 6b by a bhumidhar, the right, title and interest of such bhumidhar and of every other person claiming through him in such holding or its part shall be deemed to have been e*tinguished from the said date.
Liability for rent or re$enue on t!e date of surrender . the bhumidhar, or asami shall continue to be liable to pay the land revenue or the rent, as the case may be, for the holding in respect of the agricultural year ne*t following the date of surrender, unless the notice of surrender was given before the /rst day of -pril. Abandonment by b!umid!ar%9 6$ &f a bhumidhar does not pay the land revenue and does not use it for agriculture for a continuous period of three agricultural years and has left the village in which he usually resides and whose whereabouts whereabouts are not known. Then the 'ollector may, after such in#uiry, as he may deem necessary, take possession possession of the land held by such bhumidhar. 6 Nhere the 'ollector has taken possession of any land under subsection 6$, he may let it out on behalf of the bhumidhar for a period of one agricultural year at a time in the manner prescribed. 6I &f the bhumidhar or any other person lawfully entitled to the land claims it within a period of three years from the commencement of the agricultural year ne*t following the date on which the 'ollector took possession thereof, it shall be restored to him on payment of dues, if any, and on such terms and conditions as the 'ollector may think /t.
67 Nhere no claim is preferred or if any claim is preferred but is disallowed, the 'olelctor shall make an order declaring the holding abandoned. 64 !very order of the 'ollector shall be published in the manner prescribed and shall, subject to the result of any suit under "ection $77, be /nal. 6% @othing in this section shall apply to any holding held by a bhumidhar in whose favour a declaration has been made, where such declaration declaration continues to be in force.
Conse=uences of abandonment%9 Nhere any holding has been abandoned, the following conse# conse#uen uences ces shall shall ensur ensure, e, namely namely 6a the holdi holding ng shall shall vest vest absolu absolutel tely y in the "tate "tate >overnment free from all encumbrances 6b the bhumidhar concerned shall cease to have any right, title or interest in such holding 6c the bhumidhar concerned shall continue to be liable for land revenue due in respect of such holding for the agricultural year during which the order referred to in subsection 67 of the said section was made. (eli$ery of "ossession to ,ram Sab!a%9 6$ Nhen the interest of a bhumidhar in any land is e*tinguished under the provisions of this 'ode or any other law for the time being in force, the "ubDivisional ram "abha concerned evict any person in unauthorized occupation of such land and deliver possession thereof to the >ram "abha in such manner as may be prescribed.
