[Act No. 25 of 1964] [24th September, 1964] An Act further amend the Madhya
Pradesh Land Revenue Code, 1959. Be it enacted by the Madhya Pradesh Legislature in the
Fifteenth Year of the Republic of India as follows: -- This Act may, be called the Madhya Pradesh Land Revenue
Code (Amendment) Act, 1964. For section 50 of the Madhya Pradesh Land Revenue Code,
1959 (20 of 1959) (hereinafter referred to as the principal Act), the following
section shall be substituted, namely:-- "50. Revision (1)
The Board or the
Commissioner or the Settlement Commissioner or the Collector or the Settlement
Officer may at any time on its/his motion or on the application made by any
party for the purpose of satisfying" itself/himself as to the 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 thinks fit: Provided that-- (i) no application for revision shall be
entertained-- (a) against an order appealable under this
Code; (b) against an order of the Settlement
Commissioner under section 210; (ii) no such application shall be
entertained unless presented within sixty days to the Commissioner or the
Settlement Commissioner, or the Collector or the Settlement Officer, as the
case may be, or within ninety days to the Board of Revenue from the date of the
order and in computing 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 parties interested and
opportunity given to then of being heard. (2) Notwithstanding anything contained in
sub-section (1)-- (i) where proceedings in respect of any
case have been commenced by the Board under sub-section (1) no action shall be
taken by the Commissioner or the Settlement Commissioner or the Collector or
the Settlement Officer in respect thereof; (ii) where proceedings in respect of any
case have been commenced by the Commissioner or the Settlement Commissioner
under sub-section (1), 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 Settlement
Officer, as the case may be, or may withdraw such proceedings and pass such
order as it may deem fit; (iv) where proceedings in respect of any
such case have been commenced by the Collector or the Settlement Officer under
sub-section (1), the Commissioner or the Settlement Commissioner may either
refrain from taking any action under this section in respect of such case until
the final disposal of such proceedings by the Collector 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 section all Revenue
Officers shall be deemed to be subordinate to the Board." In the proviso to sub-section (1) of section 51 of the
principal Act, clause (i) shall be renumbered as clause (i-a) and before clause
(i-a) as so renumbered, the following clause shall be inserted, namely:-- "(i) if the Commissioner, Settlement Commissioner, Collector or
Settlement Officer thinks it necessary to review any order which he has not
himself passed, he shall first obtain the sanction of the Board, and if an
Officer subordinate to a Collector or Settlement Officer proposes to review 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 immediately
subordinate;". In section 59 of the principal Act,-- (i) in sub-section (1) for the words
"shall be made, or shall be deemed to have been made, as the case may
be", the words "shall be made" shall be substituted; (ii) after sub-section (3), the following
sub-section shall be inserted, namely:- "(2-a) The alteration or
assessment referred to in subsection (2) shall be carried out by the
Sub-Divisional Officer." Section 108 shall be renumbered as sub-section (1) there-of
and after sub section (1) as so renumbered, the following subsection shall be
inserted, namely:-- "(2) The record-of-rights mentioned in sub-section '(1) shall be prepared
during a settlement or whenever the State Government may, by notification so
direct-" In sub-section (1) of section 109 of the principal Act,-- (a) the words and figures "required
by or under section 108 to be entered in the record of rights" shall be
omitted; and (b) for Explanation I, the following
explanation shall be substituted, namely:-- "Explanation I.-- The right mentioned above does not
include an easement or a charge, not amounting to a mortgage, of the kind
specified in section 100 of the Transfer of Property Act, 1882 (IV of
1882)." For section no of the principal Act, the following section
shall be substituted, namely:-- "110. Mutation of acquisition of
right in Field Book and other relevant land records (1) The Patwari shall enter into a
register prescribed for the purpose every acquisition of right reported to him
under section 109 or which comes to his notice from intimation from Gram
Panchayat or any other source. (2) The Patwari shall intimate all the
reports regarding acquisition of right received by him under subsection (1) to
the Tahsildar within thirty days of the receipt thereof by him. (3) On receipt of (he intimation from
Patwari under sub-section (2), the Tahsildar shall have it published in the
village in the prescribed manner and shall also give written intimation thereof
to all persons appearing to him to be interested in the mutation and also to
such other persons and authorities as may be prescribed. (4) The Tahsildar shall after affording
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 relevant land records." For section 112 of the principal Act, the following section
shall be substituted, namely:-- "112. Intimation of transfers by
Registering Officers When any document purporting to create, assign or
extinguish any title to or any charge on land used for agricultural purposes,
or in respect of which a field hook has been prepared, is registered under the
Indian Registration Act, 1908 (XVI of 1908), the Registering Officer shall send
intimation 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" In section 113 of the principal Act, for the word
"Tahsildar" the words "Sub-Divisional Officer" shall be
substituted. Section 114 of the principal Act shall be renumbered as
sub-section (1) thereof and-- (i) in sub-section (1) as so renumbered
the words "and the record-of-rights" shall be omitted and after the
words "field book" the words "and Rasid Bahis" shall be
inserted; and (ii) after sub-section (1) as so renumbered
the following sub-sections shall be inserted, namely:-- "(2) There shall be provided on payment of such fee as may be prescribed
to each Bhumiswami whose name is entered into the Khasra or field book prepared
under sub-section (1), a book called the Rasid Bahi which shall contain such of
the entries of Khasra or field book pertaining to his holding in the village as
may be prescribed. (3) In
case of any differences between the entries contained in the Khasra or Field
Book and the Rasid Bahi the Tahsildar may, either on his own motion or on an
application made to him in that behalf by the person aggrieved and after making
such enquiry as he may deem fit, decide the same, and the decision of the
Tahsildar shall be final." Sections 115 and 116 of the principal Act shall be omitted. In sub-section (2) of section 119 of the principal Act,-- (a) for the words and figures "of the
kind referred to in section 108", the words and figures "under
section 109" shall be substituted; and (b) the proviso shall be omitted. For sub-section (3) of section 123 of the principal Act,
the following sub-section shall be substituted, namely:-- "(3) Objections may be filed to any entry in Jamabandi or Khatauni which
shall be disposed of by the Tahsildar in such manner as may be
prescribed." Section 162 of the principal Act shall be omitted. In sub-section (4) of section 165 of the principal Act.
clause (b) and clause (ii) of the first proviso shall be omitted. In section 166 of the principal Act, sub-section (2) shall
be omitted. In section 168 of the principal Act,-- (a) in sub-section (1), for the words,
brackets and figures "Except in cases provided for in sub-sections (2) and
(3), no Bhumiswami shall hereafter transfer by way of a lease for any period
whatsoever any land comprised in his holding", the words, brackets and
figure "Except in cases provided for in sub-section (2), no Bhumiswami
shall lease any land comprised in his holding for more than one year during any
consecutive period of three years" shall be substituted; (b) sub-section (3) shall be omitted; (c) in sub-section (4), for the words,
brackets and figures "sub-section (2) or (3)" the words, brackets and
figure "sub-section (2)" shall be substituted; In sub-section (1) of section 170 of the principle Act the
words, brackets and figure "of clause (b) of sub-section (4) or shall be
omitted. In section 172 of the principal Act,-- (i)
in subsection (1), for the
words "If a Bhumiswami of land held for any purpose wishes to divert his
holding or any part thereof to any other purpose except agriculture." the
following words, brackets and figures shall be substituted, namely:-- "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 agriculture"; and (ii)
after sub-section (6), the
following sub-section shall be inserted, namely:- "(7) Where after having been assessed for agriculture, any land situate
in urban area is kept fallow 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
subsection unless the person affected thereby is given a reasonable opportunity
of being heard-" In section 178 of the principal Act, sub-sections (3), 4),
(5) and Explanation II shall be omitted. Sub-section (3) of section 181 of the principal Act shall
be omitted. In sub-section (2) of section 203 of the principal Act, for
the words and figures "in accordance with section 162", the words
"in the prescribed manner" shall be substituted. In section 233 of the principal Act,-- (i)
in clause (a), the word
"and" shall be omitted; and (ii) cause (b) shall be omitted. In sub-section (2) of section 258 of the principal Act,-- (i)
for clause (xxiv) and
(xxv) the following clauses shall be substituted, namely:-- "(xxiv) (a) prescription of
register under section no (1) for entering acquisition of rights reported under
section 109; (b) prescription of other persons and authorities to whom
written intimation shall be given under section no (3); (xxv) (a) prescription of other
land records under section 114 (1); (b) prescription of fee on the payment of which Rasid Bahi
shall be provided under section 114(2) and the prescription of entries which it
shall contain;"; (ii)
after clause (xxvii), the
following clause Shall be inserted, namely:-- "(xxvii-a) manner in which objection
shall be disposed of by Tahsildar under section 123 (3);"; (iii)
clause (xxxvii),
sub-clause (b) of clause (xliv) and clause (xlvi) shall be omitted. (1) Any application for revision filed
before the Board during the period commencing on the 3rd April, 1963 and ending
on the 23rd April, 1964 and dismissed by it on the ground of limitation shall,
if the same would have been within time had clause (ii) of the proviso to
sub-section (1) of section 50 of the principal Act as substituted by section 2
of this Act been in force, stand restored and the Board shall proceed to deal
with it accordingly. (2) Where, during the period commencing on
the 3rd April, 1963 and ending on 23rd April, 1964, any person was precluded
from filing an application for revision against an order passed under the
principal Act as the time requisite for obtaining a copy of the said order
could not be included therein in the absence of any relevant provision in that
behalf in the principal Act at the material time, such person may, if he so
desires, make an application for the same within thirty days from the 23rd
April 1964 and the Board shall deal with it, as if it was filed within time: Provided that in computing the period of thirty days
aforesaid, time requisite for obtaining a copy of the order sought to be
revised shall be excluded. Clause (ii) of the proviso to sub-section (1) of section,
50 as substituted by section 2 of this Act shall be deemed to have formed part
of the principal Act with effect from the 3rd April, 1963. The Madhya Pradesh Land Revenue Code (Amendment) Ordinance,
1964 (No. 3 of 1964) is hereby repealed.THE
MADHYA PRADESH LAND REVENUE CODE (AMENDMENT) ACT, 1964
PREAMBLE