[Act No. 23 of 2018] [23rd July, 2018] An Act further to amend the
Madhya Pradesh Land Revenue Code, 1959. Be it enacted by the Madhya Pradesh Legislature in the
sixty-ninth year of the Republic of India as follows:-- (1)
This Act may be called the
Madhya Pradesh Land Revenue Code (Amendment) Act, 2018. (2)
It shall come into force
on such date as the State Government may, by notification, appoint. In section 2 of the Madhya Pradesh Land Revenue Code, 1959
(No. 20 of 1959) (hereinafter referred to as the principal Act), in sub-section
(1),-- (i)
for clause (a), the
following clause shall be substituted, namely-- "(a) "abadi" means the
area reserved from time to time in a village for the residence of the
inhabitants thereof or for purposes ancillary thereto, and any other cognate
variation of this expression such as "village site" or
"gaonsthan" shall also be construed accordingly;"; (ii)
after clause (f), the
following clause shall be inserted, namely-- "(f-1) "development
plan" shall have the same meaning as assigned to it in the Madhya Pradesh
Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No 23 of 1973);"; (iii)
for clause (i), the
following clause shall be substituted, namely:-- "(i) "holding" means a
parcel of land separately assessed to land revenue and held under a
tenure;"; (iv)
after clause (m), the
following clause shall be inserted, namely:-- "(m-1) "land revenue"
means all moneys payable to the State Government for holding land and includes
premium, rent, lease money, quit rent or any other cognate variation of these
expressions;"; (v)
for clause (q), the
following clause shall be substituted, namely:- "(q) "plot number"
means the number assigned to a portion of land formed into or recognised as a
plot number under this Code;"; (vi)
in clause (t), in
sub-clause (i), the words "by an occupancy tenant to his Bhumiswami
according to the provisions of section 188 or" shall be omitted; (vii)
after clause (v), the
following clauses shall be inserted, namely:-- "(v-1) "sector" means
any tract of land in urban area formed into or recognised as a sector under the
provisions of this Code; (v-2) "service land" means
such land in a non-urban area which is given to a kotwar for the purpose of
agriculture during his tenure of post;"; (viii)
for clause (x), the
following clause shall be substituted, namely:-- "(x) "survey number"
means the number assigned to a portion of land formed into or recognised as a
survey number under this Code and entered in the land records under an
indicative number known as the khasra number;"; (ix)
clause (y) shall be
deleted; (x)
for clause (z-3), the
following clause shall be substituted, namely:-- "(z-3) "unoccupied
land" means the land other than the abadi or service land, or the land
held by a Bhumiswami or a Government lessee;"; (xi)
for clause (z-5), the
following clause shall be substituted, namely:- "(z-5) "village" means
any tract of land in a non-urban area which, before the coming into force of
this Code, was recognized or was declared as a village under the provisions of
any law for the time being in force and any other tract of land in a non-urban
area which is recognized as a village at any land survey or which the State
Government may, by notification, declare to be a village.". In section 4 of the principal Act, for sub-section (2), the
following sub-section shall be substituted, namely:-- "(2) Notwithstanding anything
contained in sub-section (1), the President and members of the Board shall also
sit at such other place or places as the State Government may, after
consultation with the President of the Board, notify.". For section 7 of the principal Act, the following section
shall be substituted, namely:- "7. Jurisdiction of Board- The Board shall exercise the powers and discharge the
functions conferred upon it by or under this Code or such other functions as
have been conferred or may be conferred by or under any enactment upon it or as
may be specified by a notification of the State Government or Central
Government in that behalf.". For section 11 of the principal Act, the following section
shall be substituted, namely:-- "11. Revenue Officers- There shall be the following classes of the Revenue
officers, namely:-- Principal Revenue Commissioner; Commissioner; Additional Commissioner; Commissioner Land Records; Additional Commissioner Land Records; Collector; Additional Collector; District Survey Officer; Sub Divisional Officer; Deputy Survey Officer; Assistant Collector; Joint Collector; Deputy Collector; Tahsildar; Additional Tahsildar; Assistant Survey Officer; Superintendent of Land Records; Naib Tahsildar; Assistant Superintendent of Land Records.". In Section 13 of the principal Act,- (i)
for sub-section (2), the
following sub-section shall be substituted, namely,-- "(2) The State Government may
alter the limits of any district or sub-division or tahsil and may create new
or abolish existing districts or sub-divisions or tahsils: Provided that the State Government shall invite objections
to such proposals in the prescribed Form and shall take into consideration
objections received, if any."; (ii)
sub-section (3) shall be
deleted. After section 13 of the principal Act, the following section
shall be inserted, namely:- "13-A. Appointment of Principal
Revenue Commissioner and his powers and duties-- The State Government may, by notification, appoint a
Principal Revenue Commissioner who shall exercise such powers and perform such
duties conferred and imposed on him by the State Government.". For Section 19 of the principal Act, the following section
shall be substituted, namely:-- "19. Appointment of Tahsildars,
Additional Tahsildars and Naib Tahsildars- (1)
The State Government may
appoint for each district as many persons as it thinks fit to be- (a)
Tahsildar; (b)
Additional Tahsildar; and (c)
Naib Tahsildar, who shall
exercise therein the powers and perform the duties conferred or imposed on them
by or under this Code or by or under any other enactment for the time being in
force. (2)
The Collector may place a
Tahsildar as in charge of a tahsil, who shall exercise therein the powers and
perform the duties conferred or imposed on him by or under this Code or by or
under any other enactment for the time being in force. (3)
The Collector may place
one or more Additional Tahsildars and Naib Tahsildars in a tahsil who shall
exercise therein such powers and perform such duties conferred 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 may, by an order in writing, direct.". Section 21 of the principal Act shall be deleted. For Section 22 of the principal Act, the following Section
shall be substituted, namely:-- "22. Sub-Divisional Officers.-- The Collector may place any Assistant Collector or Joint
Collector or Deputy Collector to be in charge of one or more sub-divisions of
the district who shall exercise therein the powers and perform the duties
conferred or imposed on a Sub-Divisional Officer by or under this Code or by or
under any other enactment for the time being in force.". For Section 24 of the principal Act, the following section
shall be substituted, namely:- "24. Conferral by State
Government of powers of Revenue Officers on any public servant or local body.-- The State Government may confer on any public servant or
local body the powers conferred by or under this Code on any Revenue Officer: Provided that the powers of- (a)
Collector under sections
72, 113, 135, 165, 237, 238, 243 and 251; (b)
Sub-Divisional Officer
under sections 59, 115, 170, 170A, 170B, 234, 241, 242, 248(2-A) and 253; (c)
Appellate authority under
section 44; and (d)
Revisional authority under
section 50; shall not be conferred on any public servant or local body. Explanation-- For the purpose of this Section, "public
servant" means any person who holds an office of the State Government or
any body corporate or institution established and controlled by the State
Government.". In Section 27 of the principal Act, for the proviso, the
following proviso shall be substituted namely:- "Provided that Sub-Divisional Officer may enquire
into, or hear, any case at any place within the district.". In Section 28 of the principal Act, for the words "All
Revenue Officers, Revenue Inspectors, measurers and patwaris", the words
"Any Revenue Officer, Revenue Inspector, Nagar Sarvekshak and
patwari" shall be substituted. For section 29 of the principal Act, the following section
shall be substituted, namely:- "29. Power to transfer cases.-- (1)
Whenever it appears that
an order is expedient for the ends of justice, the Board may direct that any
particular case be transferred from one Revenue Officer to another Revenue
Officer of an equal rank. (2)
The Commissioner may, if
he is of 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 rank in the same district or any other district in the same
division.". In section 35 of the principal Act,- (i)
sub-section (1) shall be
deleted; (ii)
for sub-section (3), the
following sub-section shall be substituted, namely- "(3) The party against whom any
order is passed under sub-section (2) 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 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.". Section 41 of the principal Act shall be deleted. For section 44 of the principal Act, the following Section
shall be substituted, namely,-- "44. Appeal and appellate
authorities.-- (1)
Save where it has been
otherwise provided, an appeal shall lie from every original order of a Revenue
Officer competent to pass such order under this Code or the rules made
thereunder- (a)
if such order is passed by
any Revenue Officer subordinate to the Sub-Divisional Officer--to the
Sub-Divisional Officer; (b)
if such order is passed by
any Revenue Officer subordinate to the Deputy Survey Officer--to the Deputy
Survey Officer; (c)
if such order is passed by
the Sub-Divisional Officer--to the Collector; (d)
if such order is passed by
the Deputy Survey Officer--to the District Survey Officer; (e)
if such order is passed by
any Assistant Collector, Joint Collector or Deputy Collector to whom the powers
have been conferred under-section 24--to the Collector; (f)
if such order is passed by
any Revenue Officer in respect of whom a direction has been issued under
sub-section (3) of section 12--to such Revenue Officer as the State Government
may direct; (g)
if such order is passed by
a Collector or District Survey Officer--to the Commissioner; (h)
if such order is passed by
the 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- (a)
by the Sub-Divisional
Officer or the Deputy Survey Officer or the Collector or the District Survey
Officer - to the Commissioner; (b)
by the Commissioner-to the
Board. (3)
The second appeal shall
lie only- (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 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 there has been a
substantial error or defect in the procedure as prescribed by this Code, which
may have produced error or defect in the decision of the case upon merits. (4)
An order passed in review
varying or reversing any order shall be appealable in like manner as the
original order.". Section 45 of the principal Act shall be deleted. For Section 46 of the principal Act, the following section
shall be substituted, namely:- "46. No appeal against certain
orders.-- Notwithstanding anything contained in Section 44,- (a)
no appeal shall lie from
an order- (i)
allowing or rejecting an
application for condonation of delay on the grounds specified in Section 5 of
the Limitation Act, 1963 (No. 36 of 1963); or (ii)
rejecting an application
for review; or (iii)
allowing or rejecting an
application for stay; Or (iv)
of an interim nature; or (v)
passed under the
provisions of Sections 29, 30, 104, 106, 114A, 127, 146, 147, 150, 152, 161,
207, 208, 210, 212, 213, 215, 220 and 243; and (b)
no second appeal shall lie
from an order passed in first appeal against an order passed under the
provisions of sub-section (1) of Section 131, Section 134, Section 173, Section
234, Section 239, Section 240, Section 241, Section 242, Section 244 and
Section 248.". For Section 47 of the principal Act, the following section
shall be substituted, namely:- "47. Limitation of appeals.-- The period of limitation for filing first or second appeal
shall be forty-five days from the date of the order appealed against: Provided that where an order, against which the appeal is
preferred, was made before the coming into force of the Madhya Pradesh Land
Revenue Code (Amendment) Act, 2018, the period of limitation of appeal shall be
as provided in the Code prior to the said Amendment Act: 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 was passed, limitation shall be computed from the date
of the communication of such order.". In Section 49 of the principal Act, in sub-section (3), for
first proviso, the following proviso shall be substituted, namely:-- "Provided that the appellate authority shall not
ordinarily remand the case for disposal to any Revenue Officer subordinate to
it;". For section 50 of the principal Act, the following Section
shall be substituted, namely:- "50. Revision.- (1)
Subject to the provisions
of sub-sections (2), (3), (4) and (5),- (a)
the Board may, at any time
on its own motion or on an application made by any party, call for the record
of any case which has been decided or proceedings in which an order has been
passed under this Code by the Commissioner; (b)
the Commissioner may, at
any time on his own motion or on an application made by any party, call for the
record of any case which has been decided or proceedings in which an order has
been passed under this Code by the Collector or the District Survey Officer; (c)
the Collector or the
District Survey Officer may, at any time on his own motion or on an application
of any party, call for the record of any case which has been decided or
proceedings in which an order has been passed under this Code by a Revenue
Officer subordinate to him; and if it appears that the subordinate Revenue Officer- (i)
has exercised a
jurisdiction not vested in him by this Code; or (ii)
has failed to exercise a
jurisdiction so vested; or (iii)
has acted in the exercise
of his jurisdiction illegally or with material irregularity, the Board or the
Commissioner or the Collector or the District Survey Officer may make such
order in the case as it or he thinks fit. (2)
No application for
revision shall be entertained- (a)
against an order
appealable under this Code; (b)
against any order passed
in second appeal under this Code; (c)
against an order passed in
revision; (d)
against an order of the
Commissioner under-section 210; (e)
unless presented within
forty-five days from the date of order or its communication to the party,
whichever is later: Provided that where an order, against which an application
for revision is being preferred, was made before the coming into force of the
Madhya Pradesh Land Revenue Code (Amendment) Act, 2018 the period of limitation
for presenting the application for revision shall be as provided in the Code
prior to the said Amendment Act. (3)
The Board or the
Commissioner or Collector or the District Survey Officer shall not, under this
Section, vary or reverse any order made or any order deciding an issue, in the
course of proceeding, except where- (a)
the order, if it had been
made in favour of the party applying for revision, would have finally disposed
of the proceedings; or (b)
the order, if allowed to
stand, would occasion a failure of justice or cause irreparable injury to the
party against whom it was made. (4)
A revision shall not
operate as a stay of proceeding before the Revenue Officer, except where such
proceeding is stayed by the Board or the Commissioner or the Collector or the
District Survey Officer, as the case may be. (5)
No order shall be varied
or reversed in revision unless notice has been served on the parties interested
and opportunity given to them of being heard. Explanation- For the purpose of this section all Revenue
Officers shall be deemed to be subordinate to the Board.". In Section 51 of the principal Act, for sub-section (1) and
sub-section (2), the following sub-sections shall be substituted, namely:- "(1) The Board or any Revenue
Officer may, either suo motu or on an application of any party interested,
review any order passed by it or him, or by any predecessor-in-office and pass
such order in reference thereto as it or he may think fit: Provided that- (i)
if the Commissioner,
Collector or District Survey 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 the Collector or District Survey
Officer proposes to review an order, whether passed by himself or his
predecessor, he shall first obtain the sanction in writing of the Collector or
District Survey Officer to whom he is immediate subordinate; (ii)
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; (iii)
no order from which an
appeal has been made, or which is the subject of any revision proceedings
shall, so long as such appeal or proceedings are pending, be reviewed; (iv)
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 forty-five days from
the passing of the order. (2) No order shall be reviewed except
on the following grounds, namely: - (a)
discovery of new and
important matter or evidence, which after the exercise of due diligence was not
within the knowledge of the applicant or could not be produced by him at the
time when the order was made; (b)
some mistake or error
apparent on the face of the record; or (c)
any other sufficient
reason.". For section 54 of the principal Act, the following section
shall be substituted, namely:- "54. Pending revisions.-- Notwithstanding anything contained in this Chapter, any
proceedings pending in revision immediately prior to coming into force of the
Madhya Pradesh Land Revenue Code (Amendment) Act, 2018,- (a)
if initiated on an
application of a party, be heard and decided by the Board or the Revenue
Officer competent to hear and decide them under sub-section (1) of section 50
as amended by the aforesaid Amendment Act and, if required for this purpose,
shall be transferred to such competent Revenue Officer; (b)
if initiated suo motu by
the Board or any Revenue Officer, shall be heard or decided by the Board or
such Revenue Officer, as the case may be, as if this Amendment Act had not been
passed; (c)
if initiated by the
Settlement Commissioner, shall be transferred to the Commissioner of concerned
division, who shall heard and decide it; (d)
if initiated by the
Settlement Officer, shall be transferred to the District Survey Officer or the
Collector, as the case may be, who shall heard and decide it.". Section 55 of the principal Act shall be deleted. In section 56 of the principal Act, for the words "in
exercise of its/his powers under this Code or any other enactment for the time
being in force, as the case may be", the words "in exercise of powers
under this Code" shall be substituted. Sub-section (2) of section 57 of the principal Act shall be
deleted. In section 58 of the principal Act,- (i)
for sub-section (1), the
following sub-section shall be substituted, namely: "(1) All land to whatever purpose
applied and wherever situate, is liable to the payment of revenue to the State
Government except such land as has been wholly or partially exempted from such
liability by or under this Code or by special grant of or contract with the
State Government or such land which is wholly or partially exempted from such
liability by notification, issued in this behalf by the State
Government.". (ii)
Sub-section (2) shall be
deleted. For section 58-A of the principal Act, the following
section shall be substituted, namely:- "58-A. Exemption from payment of land revenue- Notwithstanding anything contained in this Code, no land
revenue shall be payable in respect of - (a)
any holding up to two
hectares used exclusively for the purpose of agriculture; (b)
such other land used for
non agricultural purpose as the State Government may, by notification, specify. Explanation.- For the purpose of this section,
"holding" means the sum of all lands held by a person individually
and his share in the lands held by him jointly, if any, in the entire
State.". Section 58-B of the principal Act shall be deleted. For section 59 of the principal Act, the following section
shall be substituted, namely:- "59. Land revenue according to
purpose for which land is used-- (1)
The assessment of land
revenue shall be made with reference to the following use of land at such rates
as may be prescribed: (a)
for the purpose of
agriculture including any improvement made thereon; (b)
for the purpose of
dwelling houses; (c)
for educational purpose; (d)
for commercial purpose; (e)
for industrial purpose
including the purpose of mines and minerals; (f)
for purpose other than
those specified in items (a) to (e) above as may be notified by the State
Government. (2)
Where land assessed for
use for any one purpose is diverted to any other purpose, the land revenue
payable upon such land shall, notwithstanding that the term for which the
assessment may have been fixed has not expired, be liable to assessment at the
rates prescribed for the purpose to which it has been diverted. (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 land
revenue and assessed at the rates prescribed for purpose for which it has been
diverted. (4)
Where land assessed for
use for any one purpose is diverted to any other purpose, and land revenue is
assessed thereon under the provisions of this section, the premium on such
diversion shall be payable at such rates as may be prescribed. (5)
Whenever land assessed for
one purpose is diverted to another purpose, the Bhumiswami shall compute the
premium and reassessed land revenue payable and deposit the amount so computed
in the manner prescribed. (6)
The Bhumiswami shall give
a written intimation of such diversion to the Sub-Divisional Officer alongwith
the receipt of the deposit of the amount under sub-section (5), and the land
shall be deemed to have been diverted from the date of such intimation. (7)
On the receipt of
intimation under sub-section (6), the Sub-Divisional Officer shall, as soon as
possible, make enquiry into the correctness of the computation made by the
Bhumiswami and communicate to the Bhumiswami either confirming the computation
made under sub-section (5) or informing him the correct amount of premium and
land revenue payable. In case the amount deposited under sub-section (5) is
less than the amount computed by the Sub-Divisional Officer, the difference
shall be paid by the Bhumiswami within sixty days of receipt of such
intimation: Provided that in case the amount deposited under
sub-section (5) is greater than the amount computed by the Sub-Divisional
Officer, the difference shall be refunded to the Bhumiswami within sixty days. (8)
If the Sub-Divisional
Officer fails to communicate to the Bhumiswami under sub-section (7) within
five years from the date of intimation received under sub-section (6), the
arrears of re-assessed land revenue shall not be payable for a period exceeding
five years. (9)
If the Bhumiswami fails to
give the intimation of diversion under sub-section (6), the Sub-Divisional
Officer on his own motion or on receiving such information shall compute the
premium and re-assess the land revenue payable on account of such diversion and
also impose a penalty equal to fifty per centum of the total amount payable: Provided that such re-assessed land revenue shall be
payable from the actual date of diversion subject to a maximum period of five
years: Provided further that no penalty shall be imposed for one
year from the date of commencement of the Madhya Pradesh Land Revenue Code
(Amendment) Act, 2018. (10)
The Bhumiswami shall
divert land for only such purpose as is permissible under the law governing the
use of land for the time being in force: Provided that no action of the Bhumiswami or Sub-Divisional
Officer under this section shall be construed as granting of permission to
change use of land contrary to the provisions of the applicable law: Provided further that the competent authority may take
action against Bhumiswami for such diversion contrary to the provisions of the
law for the time being in force irrespective of any action taken under this
section. (11)
The premium and
re-assessed land revenue shall be computed at the rates prevailing on the date
of intimation by the Bhumiswami under sub-section (6) or the date of passing of
order by Sub-Divisional Officer under sub-section (9), as the case may be (12)
All proceedings under this
section pending before the Board or any Revenue Officer prior to commencement
of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2018 shall stand
abated and the Sub-Divisional Officer shall impose premium and assess the land
revenue on account of diversion in accordance with the provisions of this
section.". For section 60 of the principal Act, the following section
shall be substituted, namely:- "60. Assessment of un-assessed
land-- All lands on which the assessment has not been made, the
assessment of land revenue shall be made by the Collector in accordance with
rules made under this Code.". For Chapter VII and VIII of the principal Act, containing
sections 61 to 103 (both inclusive), the following Chapter shall be
substituted, namely:- "CHAPTER VII LAND SURVEY 61. Definition of land survey-- The "land survey" means-- (a)
all or any of the
following activities-- (i)
division of land into
survey numbers, recognition of existing survey numbers, reconstitution thereof
or forming new survey numbers in land used for agricultural purposes and activities
incidental thereto; (ii)
division of land into plot
numbers, recognition of existing plot numbers, reconstitution thereof or
forming new plot numbers and grouping them into blocks in land used for
non-agricultural purposes and activities incidental thereto; (iii)
grouping of the survey
numbers and blocks into villages in non-urban areas and into sectors in urban
areas and activities incidental thereto; (b)
preparation of a Field
Book describing the area, current land use and other attributes of each survey
number, block number or plot number, as the case may be; (c)
preparation or revision or
correction of field map, as the case may be; (d)
preparation of record of
rights, in order to bring the land records up to date in any local area; (e)
preparation of any other record,
as may be prescribed. 62. Appointment of Commissioner Land
Records-- The State Government may appoint a Commissioner Land
Records who shall, subject to the direction issued in this regard by the State
Government, manage the land survey and the land records. 63. Appointment of Additional
Commissioners Land Records and their powers and duties-- (1)
The State Government may
appoint one or more Additional Commissioner Land Records. (2)
An Additional Commissioner
of Land Records shall exercise such powers and discharge such duties, conferred
and imposed on a Commissioner Land Record by this Code or rules made there
under in such cases or classes of cases, as the State Government or
Commissioner Land Records may direct and while exercising such powers and discharging
such duties, the Additional Commissioner Land Records shall be deemed to have
been appointed as a Commissioner Land Records for the purposes of this Code or
any rule made. 64. Notification of proposed land
survey.-- (1)
The Commissioner Land
Records may commence land survey in a tahsil area by publishing a notification
in the official Gazette to that effect. (2)
Land survey may extend to
all lands in the tahsil area or part thereof as the Commissioner Land Records
may direct in the notification issued under sub-section (1). (3)
The lands notified under
sub-section (1) shall be held to be under land survey from the date of said
notification till the subsequent notification declaring the land survey to be
closed is issued. 65. District Survey Officer, Deputy
Survey Officer and Assistant Survey Officer-- (1)
In respect of the lands
under land survey,-- (a)
the Collector of a
district shall be the District Survey Officer; (b)
the Sub-Divisional Officer
of a sub-division shall be the Deputy Survey Officer for his sub-division; (c)
the Tahsildar, Additional
Tahsildar or Naib Tahsildar shall be Assistant Survey Officer within their
respective jurisdiction. (2)
All District Survey
Officers shall be subordinate to the Commissioner Land Records. (3)
All Deputy Survey Officer
and Assistant Survey Officers in a district shall be subordinate to the
District Survey Officer. (4)
All Assistant Survey
Officers in a sub-division shall be subordinate to the Deputy Survey Officer. 66. Powers of District Survey Officer, Deputy
Survey Officer and Assistant Survey Officer-- (1)
In respect of lands under
land survey the powers of the Collector, the Sub-Divisional Officer or the
Tahsildar under this Code shall vest in the District Survey Officer, Deputy
Survey Officer or Assistant Survey Officer respectively. (2)
The State Government may
invest any Deputy Survey Officer or Assistant Survey Officer with all or any of
the powers of the District Survey Officer under this Code. 67. Formation of survey numbers, block numbers,
plot numbers and their grouping into villages in non-urban areas or into
sectors in urban areas.-- Subject to rules made under this Code, the District Survey
Officer may-- (a)
take measurements of the
land to which land survey extends and construct such number of survey marks
thereon as may be necessary; (b)
divide such land into
survey numbers, recognize existing survey numbers, reconstitute survey numbers
or form new survey numbers in land used for agricultural purpose; (c)
divide such land into
block numbers, recognize existing block numbers, reconstitute block numbers or
form new block numbers in land used for non agricultural purpose; (d)
divide blocks in plot
numbers, recognize existing plot numbers, reconstitute plot numbers or form new
plot numbers in land used for non agricultural purpose; (e)
group survey numbers and
blocks into villages in non-urban areas and into sectors in urban areas: Provided that the plots of any land lying within the
boundaries of a layout approved under the Madhya Pradesh Nagar Tatha Gram
Nivesh Adhiniyam, 1973 (No 23 of 1973), shall be deemed to be plots under this
Code: Provided further that except as hereinafter provided and
subject to the approved development plan of the area, if any, no survey number
or plot number shall henceforth be made of an extent less than the minimum
prescribed. 68. Power to re-number or sub-divide or amalgamate
survey number, block number and plot number-- (1)
The District Survey
Officer may either re-number or sub-divide survey numbers into as many
sub-divisions as may be required or amalgamate one or more survey numbers into
a single survey number in view of the acquisition of rights in land or for any
other reason. (2)
The District Survey
Officer may either re-number or sub-divide block numbers and plot numbers into
as many sub-divisions as may be required or amalgamate one or more block
numbers and plot numbers into a single block number or plot number in view of
the acquisition of rights in land or for any other reason: Provided that no division or amalgamation of block number
or plot number shall be permissible where such block or plot or any part
thereof falls within the boundaries of layout approved under the Madhya Pradesh
Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No 23 of 1973). (3)
The division or
amalgamation of any survey number, block number or plot number and assessment
thereof shall be carried out in accordance with rules made under this Code. (4)
The District Survey
Officer may modify a block by removing one or more plot numbers from a block or
adding one or more plot numbers from an adjoining block. (5)
Where a holding consists
of several survey numbers and plot numbers, the District Survey Officer shall
assess the land revenue payable for each survey number or plot number. (6)
Whenever the survey
numbers, block numbers or plot numbers are re-numbered, the District Survey
Officer shall correct the entries in all records prepared or maintained under
this Code. 69. Entry of survey numbers, block numbers and
plot numbers and their sub-divisions in land record-- The area and assessment of survey numbers and plot numbers
and their sub-divisions and area of block numbers shall be entered in land
records in such manner as may be prescribed. 70. Determination of abadi of
village.-- The District Survey Officer shall, in the case of every
inhabited 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. 71. Power of District Survey Officer to divide or unite
villages and sectors or exclude area therefrom-- (1)
The District Survey
Officer may divide a village to constitute two or more villages or may unite
two or more villages and constitute one village 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 therein, in accordance with the rules made
under this Code. (2)
The District Survey
Officer may divide a sector to constitute two or more sectors or may unite two
or more sectors and constitute one sector or may alter the limits of a sector
by including therein any area of a sector in the vicinity thereof or by
excluding any area comprised therein, in accordance with the rules made under
this Code. 72. Assessment- The District Survey Officer shall fix the assessment on
each holding at such rates as may be prescribed. 73. All lands liable to assessment.-- The District Survey Officer shall make assessment on all
lands to which the survey extends whether such lands are liable to the payment
of land revenue or not. 74. Duty of District Survey Officer to
maintain maps and records.-- When an area is under land survey, the duty of maintaining
the maps and records of such area shall stand transferred from Collector to the
District Survey Officer, who shall thereupon exercise all the powers conferred
on the Collector under any of the provisions of Chapters IX and XVIII. 75. Power of Sub-Divisional Officer to
correct errors.-- The Sub-Divisional Officer may, at any time after the closure
of land survey, correct any error in the area or assessment of any survey
number or plot number or block number due to mistake of survey or arithmetical
miscalculation: Provided that no arrears of land revenue shall become
payable by reason of such correction. 76. Powers provided under this Chapter to be
exercised by Collector, Sub-Divisional Officer and Tahsildar in area not under
land survey.-- In any area not under land survey, the Collector, the
Sub-Divisional Officer or the Tahsildar shall exercise the powers of District
Survey Officer, Deputy Survey Officer or Assistant Survey Officer respectively
provided under this Chapter within their respective jurisdiction. 77. Power to make rules-- The State Government may make rules for carrying out the
land survey under this Chapter.". For section 104 of the principal Act, the following section
shall be substituted, namely:-- "104 Formation of patwari halkas
in non-urban area and formation of sectors in urban area and appointment of
patwaris and Nagar Sarvekshaks..-- (1)
The Commissioner Land
Records shall for each tahsil, arrange the villages into patwari halkas and
divide each urban area into sectors and may, at any time, alter the limits of
existing patwari halkas or sectors and may create new patwari halkas or sectors
or abolish existing patwari halkas or sectors. (2)
The Collector shall
appoint a patwari to each patwari halka and a Nagar Sarvekshak to each sector
for maintaining correct land records and for such other duties as may be
prescribed. (3)
Till the formation of
sectors in an urban area under sub-section (1), every village, existing therein
immediately before the commencement of the Madhya Pradesh Land Revenue Code
(Amendment) Act, 2018, shall be deemed to be a sector and relevant land records
of such village shall be deemed to be land records of such sector.". For section 105 of the principal Act, the following section
shall be substituted, namely-- "105. Formation of Revenue
Inspector circles in non-urban area-- The Commissioner Land Records shall arrange the patwari
halkas in a tahsil into Revenue Inspector circles and may, at any time alter
the limits of any circle and may create new circles or abolish existing
circles.". For section 106 of the principal Act, the following section
shall be substituted, namely-- "106. Appointment of Revenue
Inspectors in non-urban areas-- The Collector may appoint in each Revenue Inspector circle
a Revenue Inspector to supervise the preparation and maintenance of land
records and to perform such other duties as may be prescribed.". For section 107 of the principal Act, the following section
shall be substituted, namely:-- "107. Maps of villages, abadi,
blocks and sectors-- (1)
For each village- (a)
a map shall be prepared
showing the boundaries of survey numbers and block numbers which shall be
called "village map"; (b)
a map shall be prepared
for abadi showing the area occupied by holders and the area not so occupied,
giving separate plot numbers and such other particulars as may be prescribed
which shall be called "abadi map"; (c)
a map shall be prepared
for diverted lands showing the area occupied by holders giving separate plot
numbers and such other particulars as may be prescribed, which shall be called
"block map". (2)
For each urban area a map
shall be prepared of each sector showing the area occupied by holders and area
not so occupied, giving separate survey numbers, block numbers and plot numbers
and such other particulars as may be prescribed, which shall be called 'sector
map". (3)
The maps under sub-section
(1) and (2) shall be prepared on such scale as may be prescribed.". For section 108 of the principal Act, the following section
shall be substituted, namely:-- "108. Record of rights-- (1)
A record of rights shall,
in accordance with rules made in this behalf, be prepared and maintained for
every village area and for each sector of every urban area and such record
shall include following particulars:-- (a)
the names of all
Bhumiswamis together with survey numbers or plot numbers held by them and
purposes for which they are being used and their area and status of irrigation
in case of land used for agriculture; (b)
the names of all
Government lessees and such classes of lessees as may be specified by the State
Government together with survey numbers or plot numbers held by them and
purposes for which they are being used and their area and status of irrigation
in case of land used for agriculture; (c)
the names of all persons
occupying the abadi of the village, or in urban area all persons occupying the
land which was abadi of a village before the constitution of such urban area,
as the case may be, along with the nature of their interest in land, plot
numbers held by them and purpose for which the land is being used; (d)
the nature and extent of
interest in land assigned or granted to any person by the State Government or
by the person authorised under any enactment or direction of the State
Government or the Central Government along with- (i)
the nature and extent of
the respective interests of such persons and the conditions or liabilities, if
any; (ii)
the land revenue or lease
rent payable by such persons if any; and (iii)
such other particulars as
may be prescribed. (2)
The record of rights
mentioned in sub-section (1) shall be prepared during a land survey or whenever
the State Government may, by notification, so direct.". For section 109 of the principal Act, the following section
shall be substituted, namely:-- "109. Acquisition of rights to be
reported-- (1)
Any person lawfully
acquiring any right or interest in land shall report his acquisition of such
right within six months from the date of such acquisition in the form
prescribed- (a)
to the patwari or any
person authorised by the State Government in this behalf or Tahsildar, in case
of land situated in non-urban area; (b)
to the Nagar Sarvekshak or
any person authorised by the State Government in this behalf or Tahsildar, in
case of land situated in urban area: Provided that when the person acquiring the right is a
minor or is otherwise disqualified, his guardian or other person having charge
of his property shall make the report to the patwari or nagar sarvekshak or the
person authorised or the Tahsildar. 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 (No. IV of 1882). Explanation II. A person, in whose favour a mortgage is
redeemed or paid off or a lease is determined, acquires a right within the
meaning of this section. Explanation III. Intimation in writing required to be given
under this section may be given either through a messenger or handed over in
person or may be sent by registered post or by such other means as may be
prescribed. Explanation IV. For the purpose of this section,
"otherwise disqualified" includes the "person with disability"
as defined in clause (5) of section 2 of the Rights of person with Disabilities
Act, 2016 (No. 49 of 2016) (2)
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 khasra has been
prepared, is registered under the Indian Registration Act, 1908 (No. 16 of
1908), the Registering Officer shall send intimation to the Tahsildar having
jurisdiction over the area in which the land is situated in such Form and at
such times as may be prescribed. (3)
Any person whose rights,
interests or liabilities are required to be or have been entered in any record
or register under this Chapter, shall be bound on the requisition in writing of
any Revenue Officer, Revenue Inspector, Nagar Sarvekshak or Patwari engaged in
compiling or revising the record or register, to furnish or produce for his
inspection, within one month from the date of such requisition, all such
information or documents needed for the correct compilation or revision
thereof, as may be within his knowledge or in his possession or powers. A
written acknowledgement of the information furnished or document produced shall
be given to the person. (4)
Any person neglecting to
make the report required by sub-section (1) or furnish the information or
produce the documents required by sub-section (3) within the period specified
therein shall be liable, at the discretion of the Tahsildar, to a penalty not
exceeding five thousand rupees. (5)
Any report regarding the acquisition
of any right under this section received after the specified period shall be
dealt with in accordance with the provisions of section 110.". For section 110 of the principal Act, the following section
shall be substituted, namely:-- "110. Mutation of acquisition of
right in land records.- (1)
The patwari or Nagar
Sarvekshak or person authorised under section 109 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 any other source. (2)
The patwari or Nagar
Sarvekshak or person authorised, as the case may be, shall intimate to the
Tahsildar, all reports regarding acquisition of right received by him under
sub-section (1) in such manner and in such Form as may be prescribed, within
thirty days of the receipt thereof by him. (3)
On receipt of intimation
under section 109 or on receipt of intimation of such acquisition of right from
any other source, the Tahsildar shall within fifteen days,-- (a)
register the case in his
court; (b)
issue a notice to all
persons interested and to such other persons and authorities as may be
prescribed, in such Form and manner as may be prescribed; and (c)
display a notice relating
to the proposed mutation on the notice board of his office, and publish it in
the concerned village or sector in such manner 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, pass orders
relating to mutation within thirty days of registration of case, in case of
undisputed matter, and within five months, in case of disputed matter, and make
necessary entry in the village khasra or sector khasra, as the case may be, and
in other land records. (5)
The Tahsildar shall supply
a certified copy of the order passed under sub-section (4) and updated land
records free of cost to the parties within thirty days, in the manner
prescribed and only thereafter close the case: Provided that if the required copies are not supplied
within the period specified, the Tahsildar shall record the reasons and report
to the Sub-Divisional Officer. (6)
Notwithstanding anything
contained in section 35, no case under this section shall be dismissed due to
the absence of a party and shall be disposed of on merits. (7)
All proceedings under this
section shall be completed within two months in respect of undisputed case and
within six months in respect of disputed case from the date of registration of
the case. In case the proceedings are not disposed of within the specified
period, the Tahsildar shall report the information of pending cases to the
Collector in such Form and manner as may be prescribed.". Section 112 of the principal Act shall be deleted. For section 113 of the principal Act, the following section
shall be substituted, namely- "113. Correction of errors in
record of rights- The Collector may, at any time, correct or cause to be
corrected any clerical errors and any errors which the parties interested admit
to have been made in the record-of-rights prepared under section 108.". For section 114 of the principal Act, the following section
shall be substituted, namely:- "114. Land records- (1)
Following land records
shall be prepared for every village, namely:- (a)
village map, abadi map and
block map under section 107; (b)
record of rights under
section 108; (c)
village khasra or village
field book in such Form as may be prescribed; (d)
Bhoo-Adhikar Pustika under
section 114-A; (e)
(i) details of all
unoccupied land under section 233; (ii) Nistar Patrak under section 234; (iii) Wajib-ul-arz, if any, under section 242; (f)
details of diverted land;
and (g)
any other record as may be
prescribed. (2)
Following land records
shall be prepared for each sector in every urban area, namely:- (a)
sector map under section
107; (b)
record of rights under
section 108; (c)
sector khasra or sector
field book in such Form as may be prescribed; (d)
Bhoo-Adhikar Pustika under
section 114-A; (e)
(i) details of all
unoccupied land under section 233; (ii) land reserved for public purposes under section 233-A; (f)
details of diverted land;
and (g)
any other record as may be
prescribed.". For Section 114-A of the principal Act, the following
section shall be substituted, namely:-- "114-A. Bhoo-Adhikar Pustika.-- (1)
The Tashildar may provide
to every Bhumiswami whose name is entered in the khasara prepared under section
114 a Bhoo-Adhikar Pustika in respect of his all holdings in the village or
sector, as the case may be, which shall be provided to him in such Form and on
payment of such fee as may be prescribed. (2)
The Bhoo-Adhikar Pustika
shall consist of two parts bound as one book, which shall contain such
particulars as may be prescribed. (3)
A Tahsildar may, on his
own motion or on application of the Bhumiswami, after making such enquiry as he
deems fit, correct any wrong or incorrect entry in Bhoo Adhikar Pustika.". For section 115 of the principal Act, the following section
shall be substituted, namely:-- "115. Correction of wrong or
incorrect entry in land record-- (1)
A Sub-Divisional Officer
may, on his own motion or on application of an aggrieved person, after making
such enquiry as he deems fit, correct any wrong or incorrect entry including an
unauthorised entry in the land records prepared under section 114 other than
Bhoo-Adhikar Pustika and record of rights, and such corrections shall be
authenticated by him: Provided that no action shall be initiated for correction
of any entry pertaining to a period prior to five years without the sanction in
writing of the Collector. (2)
No order shall be passed
under sub-section (1) without- (a)
getting a written report
from the Tahsildar concerned; and (b)
giving an opportunity of
hearing to all parties interested: Provided that where interest of Government is involved, the
Sub-Divisional Officer shall submit the case to the Collector. (3)
On receipt of a case under
sub-section (2), the Collector shall make such enquiry and pass such order as
he deems fit.". Section 116 of the principal Act shall be deleted. Section 118 of the principal Act shall be deleted. Section 119 of the principal Act shall be deleted. In section 120 of the principal Act, for the word
"Measurer", the words "Nagar Sarvekshak" shall be
substituted. Section 121 of the principal Act shall be deleted. For Section 124 of the principal Act, the following section
shall be substituted, namely:- "124 Construction of boundary
marks of villages, sectors, and survey numbers or plot numbers- (1)
Boundaries of all villages
and sectors shall be fixed and demarcated by permanent boundary marks. (2)
The State Government may,
in respect of any village or sector, by notification, order that the boundaries
of all survey numbers, block numbers or plot numbers of the village or sector
or part thereof shall also be fixed and demarcated by boundary marks. (3)
Such boundary marks shall,
subject to the provisions hereinafter contained, be of such specification and
shall be constructed and maintained in such manner as may be prescribed. (4)
Every holder of land shall
be responsible for the maintenance and repair of the permanent boundary marks
erected thereon.". In section 125 of the principal Act, in the marginal
heading and provision, for the words "villages, survey numbers and plot
numbers", the words "villages, sectors, survey numbers, block numbers
and plot numbers" shall be substituted. In section 126 of the principal Act,- (i)
in sub-section (1), for
the words "summarily eject", the words "summarily eject in a
manner prescribed" shall be substituted; (ii)
sub-sections (2) and (3)
shall be deleted. For section 127 of the principal Act, the following section
shall be substituted, namely:-- "127. Demarcation and maintenance
of boundary lines- (1)
Every holder of land
adjoining a village road or sector road or unoccupied land or land reserved for
community purposes shall, at his own cost and in the manner prescribed-- (a)
affix the boundary marks
between his land and village road or sector road or unoccupied land or land
reserved for community purposes adjoining it, and (b)
repair and renew such
boundary marks from time to time. (2)
If the holder fails to
affix the boundary marks or repair or renew the boundary marks as required by
sub-section (1), the Tahsildar may, after such notice, as he deems fit, cause
the boundary marks to be affixed or the boundary marks to be repaired or
renewed and may recover the cost incurred as an arrear of land revenue. Explanation-- For the purpose of this section,
"Village road or sector road" means a road as such which bears an
indicative survey number or plot number.". In section 128 of the principal Act, in sub-section (1),
for the words "After the end of November in each year the patel of the
village", the words "The Patwari or Nagar Sarvekshak" shall be
substituted. For section 129 of the principal Act, the following section
shall be substituted, namely:- "129. Demarcation of boundaries
of survey number or sub-division of survey number or block number or plot
number- (1)
The Tahsildar may, on
application of a party depute a Revenue Inspector or Nagar Sarvekshak to
demarcate the boundaries of a survey number or of a sub-division of survey
number or of a block number or of a plot number and construct boundary marks
thereon. (2)
The Revenue Inspector or
Nagar Sarvekshak so deputed shall, after giving notice to parties interested
including the neighbouring land holders, demarcate the boundaries of a survey
number or of a sub-division of survey number or of a block number or of a plot
number, construct boundary marks thereon and submit a demarcation report to the
Tahsildar in such manner as may be prescribed. The demarcation report shall
also include the particulars of the possession, if any, of any person other than
the Bhumiswami on the land demarcated. (3)
For carrying out the
demarcation the Revenue Inspector or Nagar Sarvekshak may take the assistance
of such agency and in such manner as may be prescribed. (4)
On the receipt of the
demarcation report, the Tahsildar may, after giving opportunity of hearing to
the parties interested including the neighbouring land holders, confirm the
demarcation report or may pass such order as he thinks fit. (5)
A party aggrieved by the
confirmation of demarcation report under sub-section (4), may apply to the
Sub-Divisional Officer to set it aside on any of the following grounds- (a)
that he was not given
notice required under sub-section (2) or opportunity of hearing under
sub-section (4); or (b)
any other sufficient
ground: Provided that such application shall not be entertained
after the expiry of forty-five days from the date of confirmation the
demarcation report by the Tahsildar or the date of knowledge, whichever is
later. (6)
The Sub-Divisional Officer
may, if he admits the application made under sub-section (5), after giving
opportunity of hearing to the parties interested including the neighbouring
land holders and making such enquiries as he may think fit, either confirm the
demarcation report submitted under sub-section (2) or depute a team consisting
of such persons as may be prescribed to carry out the demarcation once again. (7)
The team deputed under
sub-section (6) shall, after giving notice to parties interested including the
neighbouring land holders, demarcate the boundaries of a survey number or of a
sub-division of survey number or of a block number or of a plot number,
construct boundary marks thereon and submit report to the Sub-Divisional
Officer in such manner as may be prescribed and the Sub-Divisional Officer may
pass such orders on it as he thinks fit. (8)
Notwithstanding anything
contained in sections 44 and 50, no appeal or application for revision shall
lie against any order passed or proceedings taken under this section. (9)
The State Government may
make rules for regulating the procedure to be followed by the Tahsildar in
demarcating the boundaries of a survey number or of a subdivision of survey
number or of a block number or of a plot number prescribing the nature of the
boundary marks to be used, and authorizing the levy of fees from the holders of
land in demarcated survey number or sub-division or block number or plot
number.". In section 130 of the principal Act, for the words
"one thousand", the words "five thousand" shall be
substituted and the words "and of rewarding the informant, if any"
shall be omitted. For section 131 of the principal Act, the following section
shall be substituted, namely:-- "131. Rights of way and other
private easements-- (1)
In the event of a dispute
arising as to the route by which a cultivator shall have access to his fields
or to the unoccupied lands or pasture lands of the village, otherwise than by
the recognised roads, paths or common land, including those road and paths
recorded in the village Wajib-ul-arz prepared under section 242 or as to the
source from or course by which he may avail himself of water or as to the
course by which he may drain water from his fields, a Tahsildar may, after
local enquiry, decide the matter with reference to the previous custom in each
case and with due regard to the conveniences of all the parties concerned. (2)
The Tahsildar may, at any
stage of the enquiry, pass an interim order to grant immediate relief in
respect of any matter under dispute in sub-section (1) if he is of the opinion
that grant of such relief is necessary in the facts and circumstances of the
case: Provided that such interim order shall stand vacated on the
expiry of ninety days from the date of the order unless vacated earlier.". Section 132 of the principal Act shall be deleted. For section 133 of the principal Act, the following section
shall be substituted, namely:- "133. Removal of obstruction - (1)
If a Tahsildar finds that
any encroachment or obstruction impedes the free use of a recognised road or
path including those roads and paths recorded in the village Wajib-ul-arz or
common land of a village or impedes the road or water course or source of water
or drainage of water which has been the subject of a decision under section
131, he may order the person responsible for such encroachment or obstacle to
remove it. (2)
If such person fails to
comply with the order passed under sub-section (1), the Tahsildar may cause the
encroachment or 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 the Tahsildar stating the facts and circumstances of the case, to a penalty
which may extend to ten thousand rupees. (3)
If any person fails to
remove the encroachment or obstruction for more than seven days after the date
of order of removal thereof under sub-section (1), then without prejudice to
the penalty that may be imposed under sub-section (2), the Sub-Divisional
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
order of removal of encroachment or obstruction and six months in case of
second or subsequent order of removal of encroachment or obstruction: Provided that no action under this sub-section shall be
taken unless a notice is issued calling upon such person to appear before the
Sub-Divisional Officer on a day to be specified in the notice and to show cause
why he should not be committed to the civil prison: Provided further that the Sub-Divisional Officer may order
the release of such person from detention before the expiry of the period
mentioned in the warrant if he is satisfied that the encroachment or
obstruction has been removed: Provided also that no woman shall be arrested or detained
under this section.". Section 136 of the principal Act shall be deleted. In section 138 of the principal Act, in sub-section (1),
the word "primarily" shall be omitted. Section 139 of the principal Act shall be deleted. For section 140 of the principal Act, the following section
shall be substituted, namely:- "140. Dates on which land revenue
falls due and payable- (1)
The land revenue payable
on account of a year shall fall due on the first day of April of that year and
shall be paid up to the last day of June of that year, in such manner, to such
person and at such places as may be prescribed: Provided that the dues of the land revenue payable at the
time of the commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act,
2018 shall be paid before the 1st April, 2019. (2)
A person may, at his
option, pay up to ten years land revenue in advance: Provided that no rebate shall be granted on such advance
payment: Provided further that if the land revenue is subsequently
enhanced the difference amount shall be payable.". For section 141 of the principal Act, the following section
shall be substituted, namely:- "141. Definition of
"arrear" and "defaulter"- Any land revenue due and not paid till the end of period as
specified in section 140 becomes therefrom an arrear, and the persons
responsible for it become defaulters.". For section 142 of the principal Act, the following section
shall be substituted, namely:-- "142. Person receiving land
revenue bound to give receipt- Every person who receives a payment on account of land
revenue or on account of any sum of money recoverable as an arrear of land
revenue shall grant a receipt to the payee for such sum and in such Form as may
be prescribed.". For section 143 of the principal Act, the following section
shall be substituted, namely:-- "143. Penal interest on delayed
payment of land revenue- If land revenue is not paid up to the end of the period as
specified in section 140, simple interest shall be payable on the arrear
thereafter till the date of payment at the rate of twelve per centum per annum
for first twelve months and thereafter at the rate of fifteen per centum per
annum: Provided that no such interest shall be payable for delayed
payment, where any payment of land revenue has been suspended by the order of
the Government.". For section 144 of the principal Act, the following section
shall be substituted, namely:-- "144. Remission or suspension of
land revenue on failure of crops- The State Government may, by notification stating the
reasons, grant remission or suspension of land revenue in years in which crops
have failed in any area or in which crops could not be grown in any area in
consequence of any order made under any law by a competent authority.". In section 145 of the principal Act, in sub-section (1),
for the words "by the Collector or by the Tahsildar", the words
"by the Tahsildar" shall be substituted. For section 146 of the principal Act, the following section
shall be substituted, namely:-- "146. Notice of demand-- (1)
A Tahsildar shall 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 arrear. (2)
Any defaulter may apply to
the Tahsildar that nothing is due or that the amount due is less than the
amount for which the notice of demand has been served and the Tahsildar shall
decide the objection so raised and only thereafter proceed to issue any process
under section 147, if required.". Section 147 of the principal Act shall be renumbered as
sub-section (1) thereof and- (i)
in sub-section (1) as so
renumbered,-- (a)
the words "or Gram
Sabha" occurring in the opening paragraph shall be omitted; (b)
for clause (c), the
following clause shall be substituted, namely:- (c)
by attachment and sale of
any other immovable property wherever situate belonging to the
defaulter:"; (ii)
after sub-section (1) as
so renumbered, the following sub-sections shall be added, namely-- "(2) Notwithstanding anything
contained in sub-section (1), the Tahsildar may recover the arrear of land
revenue by attaching any financial asset including bank account or locker,
wherever situate, of the defaulter. The attachment of financial assets of the
defaulter shall, so far as possible be made by serving a garnishee order on the
in-charge of financial assets in the manner laid down in Order 21 contained in
the First Schedule to the Code of Civil Procedure, 1908 (No. 5 of 1908). In
case of a locker hired by the defaulter, the same shall be sealed in the
presence of such in-charge, who shall thereafter await further orders of
the Tahsildar regarding preparation of inventory of its contents and their
ultimate disposal. (3) The Sub-Divisional Officer may
cause any person committing default in payment of an arrear of land revenue exceeding
rupees fifty lakh to be arrested and shall send him with a warrant to be
confined in a civil prison for a period not exceeding fifteen days unless the
arrears are sooner paid: Provided that no action under this sub-section shall be
taken unless a notice is issued calling upon such person to appear before the
Sub-Divisional Officer on a day to be specified in the notice and to show cause
why he should not be committed to the civil prison. (4) Notwithstanding anything contained in
sub-section (3), no person shall be arrested or confined in a civil prison for
an arrear of land revenue, where and for so long as such person-- (a)
is a minor, or a person
mentally ill or mentally retarded; and (b)
is exempted under sections
133, 135 or 135-A of the Code of Civil Procedure, 1908 (No. 5 of 1908). (5) The Sub-Divisional Officer issuing the arrest
warrant may withdraw such warrant if the defaulter pays or undertakes to pay
the whole or substantial portion of the arrears and furnishes adequate security
therefor.". In section 149 of the principal Act, the words and brackets
"clauses (a) and (c) of shall be omitted. For section 150 of the principal Act, the following section
shall be substituted, namely:-- "150. Payment before property is
knocked down at a sale and thereupon proceeding to be stayed- If proceedings are taken under this Chapter against any
person for the recovery of an arrear of land revenue, he may, at any time
before the property is knocked down at a sale, pay the amount claimed and
thereupon the proceedings shall be closed.". In section 151 of the principal Act, in sub-section (2) for
the words, bracket, letter and figure "clause (c) of section 147",
the words, brackets, letter and figures "clause (c) of sub-section (1) of
section 147" shall be substituted. For section 153 of the principal Act, the following section
shall be substituted, namely:-- "153. Purchaser's title.- Where 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 full money as specified in the
letter of sale is deposited by the purchaser.". In section 154-A of the principal Act, in sub-section
(1),-- (1)
for the word and figure
"section 147", the words, bracket and figures "sub-section (1)
of section 147" shall be substituted; (2)
the first proviso shall be
deleted; (3)
in the second proviso, the
word "further" shall be omitted. In section 155 of the principal Act, in proviso to clause
(g), for full stop, semicolon shall be substituted and thereafter the following
clause shall be added, namely:-- "(h) all moneys becoming payable
to such entity owned and controlled by the State Government as may be notified
by the State Government in this behalf: Provided that no action shall be taken on application for
recovery of a sum specified in this clause unless such application is
accompanied by a certificate signed by the chief executive, by whichever name
called, of the said entity that the said sum should be recovered as an arrear
of land revenue.". In section 158 of the principal Act, in sub-section (3),
for the proviso, the following proviso shall be substituted, namely:-- "Provided that no such person shall transfer such land
within a period of ten years from the date of lease or allotment and thereafter
may transfer such land with the permission obtained under sub-section (7-b) of
section 165.". In section 161 of the principal Act, in the marginal
heading and in sub-section (1), the words 'during the currency of
settlement" shall be omitted. Section 162 of the principal Act shall be deleted. Section 163 of the principal Act shall be deleted. In section 165 of the principal Act, in sub-section (4),
for the second proviso, the following proviso shall be substituted, namely:-- "Provided further that in case of the transfer of land
under sub-clause (a) of clause (i) of the preceding proviso for industrial
purpose, the land shall be diverted under section 59 prior to such
transfer.". For section 168 of the principal Act, the following section
shall be substituted, namely:-- "168. Leases- (1)
A Bhumiswami may lease any
land comprised in his holding which has been assessed for the purpose of
agriculture under section 59, for any period not exceeding five years at a
time. (2)
The lessee shall hold the
land on such terms and conditions as may be agreed upon between him and the
Bhumiswami. (3)
Tahsildar on the
application of the Bhumiswami on the ground of breach of any material term or
condition of the lease or the lease ceasing to be in force may order the lessee
to hand over possession of the land to the Bhumiswami. (4)
If a lessee does not hand
over the possession of the land to the Bhumiswami on the expiry of the lease or
within seven days from the date of the order passed by the Tahsildar under
sub-section (3), the Bhumiswami shall be deemed to have been improperly dispossessed
from his land by the lessee and shall be entitled to relief under section 250. Explanation- For the purposes of this section-- (a)
"lease" means a
transfer of a right 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 transferor by the transferee who
accepts the transfer on such terms, (b)
any arrangement whereby a
person cultivates any land of a Bhumiswami on condition of his giving a
specified share of the produce of the land to the Bhumiswami shall be deemed to
be a lease; (c)
any lease given under
sub-section (1) for a period exceeding five years shall be deemed to have been
given for a period of five years; (d)
the grant of a right
merely to cut grass or to graze cattle or to grow "singhara" or to
propagate or collect lac, or to pluck or collect tendu leaves shall not be
deemed to be a lease of the land.". Section 169 of the principal Act shall be deleted. Section 171 of the principal Act shall be deleted. Section 172 of the principal Act shall be deleted. Section 174 of the principal Act shall be deleted. Section 176 of the principal Act shall be deleted. For section 178-A of the principal Act, the following
section shall be substituted, namely:-- "178-A. Partition of land in life
time of Bhumiswami- (1)
If any Bhumiswami wishes
to partition his holding assessed for purpose of agriculture under section 59
or any part thereof amongst his legal heirs during his life time, he may apply
for partition of such holding or part thereof to the Tahsildar. (2)
The Tahsildar may after
hearing the legal heirs divide the holding or part thereof and apportion the
assessment in accordance with the rules made under this Code.". For Section 181-A of the principal Act, the following
section shall be substituted, namely:-- "181-A. Person having Free hold
right shall be Bhumiswami- Every person, who holds land in free hold right immediately
prior to the coming into force of the Madhya Pradesh Land Revenue Code
(Amendment) Act, 2018, shall be the Bhumiswami of such land.". In section 182 of the principal Act, in sub-section (2),
for the words "a Revenue Officer", the words "the
Collector" shall be substituted. For section 183 of the principal Act, the following section
shall be substituted, namely:- "183. Service land- (1)
Any person holding land on
the condition of rendering service as a Kotwar shall cease to be entitled to
such land if he diverts such land to non-agricultural purposes. (2)
Any right of a Kotwar in
the service land shall not be transferred nor be transferable by way of sale,
gift, mortgage, sub-lease or otherwise except by a sub-lease for a period not exceeding
one year. (3)
If a Kotwar dies, resigns
or is lawfully dismissed, the service land shall pass to his
successor-in-office. (4)
The right of a Kotwar 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 (No. 5 of 1908). (5)
If a Kotwar contravenes or
attempt to contravene the provisions of sub-section (1) and (2), without
prejudice to any action that may be taken against him under the provisions of
this Code or any other law, such service land may be taken back from him by the
order of the Tahsildar and the Kotwar or any other person who unauthorisedly
continue to remain in possession of the land may be ejected under section 248. (6)
The service lands
situated-- (a)
in an urban area; (b)
in such area for which
development plan has been approved; or (c)
in such area beyond the
outer limit of urban area, as notified by the State Government, shall cease to
be service land from the date as notified by State Government and the Tahsildar
shall cause necessary changes in the land records.". Section 184 of the principal Act shall be deleted. Chapter XIV of the principal Act regarding Occupancy
Tenants, containing sections 185 to 202 (both inclusive) shall be deleted: Notwithstanding the deletion of the said chapter, any case
or proceeding regarding occupancy tenant pending before the Board or any
Revenue Officer or any authority before the commencement of the Madhya Pradesh
Land Revenue Code (Amendment) Act, 2018 shall be heard and decided by the Board
or such Revenue Officer or authority, as if the said Amendment Act had not been
passed.". For section 203 of the principal Act, the following section
shall be substituted, namely:- "203. Alluvion and diluvion- (1)
Alluvial land formed on
any bank shall vest in the State Government 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 free from the payment of land revenue till the land survey
is undertaken, unless the area added to his holding exceeds half hectare. (2)
Where any holding is
diminished in area by diluvion to an extent greater than half hectare, the land
revenue payable on such holding shall be reduced.". In Section 210 of the principal Act, for the words
"Settlement Commissioner" the word 'Commissioner" shall be
substituted. In section 224 of the principal Act, for clause (a), the
following clause shall be substituted, namely:-- "(a) to collect land revenue and
other related taxes and cesses payable through him and such other government
dues ordered to be collected through him after deducting the collection
charges, as may be determined by the State Government time to time, and pay
into the Government treasury;". Section 225 of the principal Act shall be deleted. In section 227 of the principal Act, the word and figure
"or 225" shall be deleted. In section 229 of the principal Act, the word and figure
"constituted in accordance with the provisions of section 232" shall
be omitted. In section 230 of the principal Act, the proviso to
sub-section (1) shall be deleted. For section 231 of the principal Act, the following section
shall be substituted, namely:-- "231. Remuneration of kotwars- The State Government may, by general order, subject to such
restrictions, terms and conditions as may be mentioned therein, from time to
time, fix the norms for providing service land or remuneration or both to
Kotwars for their services.". In Chapter XVII of the principal Act, sub-heading "C-
Gram Sabha" and section 232 shall be deleted. For section 233 of the principal Act, the following section
shall be substituted, namely:-- "233. Record of unoccupied land- A record of all unoccupied land shall be prepared for every
village and urban area in accordance with rules made in this behalf.". After section 233 of the principal Act, the following
section shall be inserted, namely:- "233-A. Land to be set apart for
public purposes in urban area- The Collector may, in accordance with the directions issued
by the State Government in this behalf, from time to time,- (a)
set apart unoccupied lands
in an urban area for public purposes; (b)
change the public purpose
for which any such land is set apart; or (c)
rescind the action taken
under clause (a) in respect of any such land: Provided that no land shall be set apart for public
purposes under this section which is inconsistent with the approved development
plan.". For section 234 of the principal Act, the following section
shall be substituted, namely:-- "234. Preparation of Nistar
Patrak- The Sub-Divisional Officer shall, in accordance with the
provisions of this Code and the rules made thereunder, prepare a Nistar Patrak
for every village embodying a scheme of management of all unoccupied land in
the village and all matters incidental thereto and more particularly matters
specified in section 235.". In section 239 of the principal Act, (i)
sub-sections (2),(3) and
(4) shall be deleted; (ii)
for sub-sections (5) and
(6), the following sub-sections shall be substituted, namely:-- "(5) If any of the terms and
conditions of tree planting permit or tree patta granted under this section
prior to the commencement of the Madhya Pradesh Land Revenue Code (Amendment)
Act, 2018 is breached, the Tahsildar may, after giving reasonable opportunity
of being heard to the holder thereof, cancel the tree planting permit or tree
patta and if such person unauthorisedly continues to remain in possession of the
unoccupied land the Tahsildar shall proceed to take action against him under
section 248. (6) The unoccupied land on which any
tree planting permit or tree patta has been given prior to the commencement of
the Madhya Pradesh Land Revenue Code (Amendment) Act, 2018 may be used for any
public purpose by the order of the Collector. If any interest of the holder of
such tree planting permit or tree patta is adversely affected due to such use,
the holder shall be entitled for such compensation which shall be calculated in
such manner as may be prescribed.". In Section 240 of the principal Act,-- (i)
for the existing marginal
heading, the following marginal heading shall be substituted, namely:-- "Prohibition of cutting of certain trees in
villages"; (ii)
for sub-section (1), the
following sub-section shall be substituted, namely: "(1) The State Government may by
rules made in this behalf, prohibit or regulate cutting of trees in villages
standing on the land belonging to Bhumiswami or State Government, if it is
satisfied that such prohibition or regulation is in the public interest or
required for preventing erosion of soil.". In section 243 of the principal Act, in sub-section (3),
for the words, figures and bracket "The Land Acquisition Act, 1894 (No. 1
of 1894)", the words, figures and bracket "The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (No. 30 of 2013)" shall be substituted. For section 244 of the principal Act, the following section
shall be substituted, namely:-- "244. Allotment of abadi sites - Subject to rules made in this behalf, the Tahsildar shall
allot abadi sites on lease in the abadi area.". For section 245 of the principal Act, the following section
shall be substituted, namely:-- "245. Rights to hold house site
free of land revenue- Any building site of reasonable dimensions in the abadi,
which is held by a kotwar or by a person who holds land or who works as an
agricultural artisan or an agricultural labourer in such village or in a
village usually cultivated from such village, as on the commencement of the
Madhya Pradesh Land Revenue Code (Amendment) Act, 2018, shall not be liable to
the payment of land revenue"." For section 246 of the principal Act, the following section
shall be substituted, namely:-- "246. Rights of persons holding
house site in abadi- Every person who lawfully holds any land as a house site in
the abadi immediately prior to coming into force of the Madhya Pradesh Land
Revenue Code (Amendment) Act, 2018, shall be a Bhumiswami.". In section 248 of the principal Act, in sub-section (1),
for the words "to pay the rent of the land for the period of unauthorised
occupation at twice the rate admissible for such land in locality and to pay
fine with may extend to twenty per centum of the market value of such
encroached land", the words "to a fine with may extend to one lakh
rupees" shall be substituted. For section 250 of the principal Act, the following section
shall be substituted, namely:-- "250. Reinstatement of Bhumiswami
improperly dispossessed- (1)
The Tahsildar shall,- (a)
on application of a
Bhumiswami or his successor-in-interest who has been improperly dispossessed,
issue a show cause notice to the person occupying Bhumiswami's land to explain
the grounds of his possession and make such enquiry as he thinks fit; or (b)
on coming to know that a
Bhumiswami has been improperly dispossessed, on his own motion start
proceedings under clause (a). (2)
If after the enquiry the
Tahsildar finds that the Bhumiswami has been improperly dispossessed, he shall
order the restoration of the possession to the Bhumiswami and also put him in
possession of the land. (3)
The Tahsildar may, at any
stage of the enquiry, pass an interim order to the person occupying the land to
hand-over its possession to the Bhumiswami, if he finds that the Bhumiswami was
dispossessed by opposite party within six months prior to the submission of the
application or commencement of suo motu proceedings under this section. (4)
The person against whom an
interim order has been passed under sub-section (3) may be required by the
Tahsildar to execute a bond for such sum as the Tahsildar may deem fit for
abstaining from taking possession of land until the final order is passed by
the Tahsildar and if the person 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 bond in whole or in part and may recover such amount as an arrear
of land revenue. (5)
Where the Tahsildar orders
restoration of possession of land to the Bhumiswami under sub-section (2), the
Tahsildar shall also award compensation to be paid to the Bhumiswami by the
opposite party for the period of his unauthorised possession and such
compensation shall be calculated at the pro rata rate of ten thousand rupees
per hectare per year. The compensation awarded under this section shall be
recoverable as an arrear of land revenue. (6)
When an order has been
passed under sub-section (2) for the restoration of possession of land to the
Bhumiswami, the Tahsildar may require the opposite party to execute a bond for
such sum as the Tahsildar may deem fit for abstaining from taking possession of
the land in contravention of the order. (7)
Where an order has been
passed under sub-section (2) for the restoration of the possession of land to
the Bhumiswami, the opposite party shall also be liable to fine which may
extend to fifty thousand rupees. (8)
If any person continues in
unauthorised occupation or possession of land for more than seven days after
the date of order for restoration of possession under sub-section (2) or
sub-section (3), then without prejudice to the compensation payable under sub-section
(5) or the fine under sub-section (7), the Sub-Divisional 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 order for
restoration of possession and shall cause him to be apprehended and shall send
him with a warrant to be confined in such prison for a period of three months
in case of second or subsequent orders for restoration of the possession to
such Bhumiswami: Provided that no action under this section shall be taken
unless a notice is issued calling upon such person to appear before the
Sub-Divisional Officer on a day to be specified in the notice and to show cause
why he should not be committed to the civil prison: Provided further that the Sub-Divisional Officer may order
the release of such person from detention before the expiry of the period
mentioned in the warrant if he is satisfied that the unauthorized possession
has been vacated. Explanation I.- For the purpose of this section, the Bhumiswami
includes government lessee. Explanation II.- For the purpose of this Section
"Bhumiswami improperly dispossessed" means a Bhumiswami who is
dispossessed of his land otherwise than in due course of law or if any person
continues unauthorisedly in possession of land of the Bhumiswami to the use of
which such person has ceased to be entitled.". Section 250A of the principal Act shall be deleted. Section 252 of the principal Act shall be deleted. In section 253 of the principal Act, sub-section (2) shall
be deleted. Section 254 of the principal Act shall be deleted. Section 255 of the principal Act shall be deleted. In section 257 of the principal Act,- (i)
clauses (n) (o), (p), (q),
(r), (s), (t) and (u) shall be deleted; (ii)
for clause (x), the
following clause shall be substituted, namely:-- "(x) any decision regarding
reinstatement of a Bhumiswami improperly dispossessed and confinement in civil
prison under section 250;"; (iii)
clause (x-i) shall be
deleted; (iv)
clause (z-l) shall be
deleted. In section 258 of the principal Act,-- (i)
in sub-section (2),-- (a)
after clause (i), the
following clause shall be inserted, namely:-- "(i-a) prescription of Form for
publishing proposal under section 13(2); "; (b)
for clause (ii), the
following clause shall be substituted, namely:- "(ii) the prescription of the
duties of Superintendents of Land Records and Assistant Superintendents of Land
Records under section 20(2);"; (c)
for clause (iii), the
following clause shall be substituted, namely:-- "(iii) rates for assessment,
imposition of premium and assessment and reassessment of land revenue and
manner for intimation of diversion under section 59;"; (d)
after clause (iv), the
following clause shall be inserted, namely:-- "(iv-a) prescription
of other record under section 61(e); (iv-b) powers to be exercised and
duties shall be discharged under section 63 (2);"; (e)
for clause (v), the
following clause shall be substituted, namely:- "(v) formation of survey numbers,
block numbers, plot numbers and their grouping into villages in non-urban areas
or into sectors in urban areas under section 67; (v-a) division or amalgamation of any
survey number, block number, plot number and assessment thereof under
sub-section (3) of section 68;"; (f)
for clause (vi), the
following clause shall be substituted, namely:-- "(vi) entry of survey numbers,
block numbers and plot numbers and their sub-divisions in land record under
section 69;"; (g)
for clause (vii) the
following clause shall be substituted, namely:-- "(vii) division and alteration of
village or sector by dividing or uniting the villages or sectors under section
71;"; (h)
for clause (viii), the
following clause shall be substituted, namely:- "(viii) rates of fixation of
assessment on holding under section 72;"; (i)
clauses (ix), (x) and (xi)
shall be deleted; (j)
for clause (xii), the
following clause shall be substituted, namely:-- "(xii) the regulation of the
conduct of land survey under section 77;"; (k)
clauses (xv), (xvi),
(xvii) and (xviii) shall be deleted; (l)
for clause (xix), the
following clause shall be substituted, namely:- "(xix) prescription of other
duties of patwaris and Nagar Sarvekshaks under section 104 (2);"; (m)
for clause (xxi), the
following clause shall be substituted, namely:-- "(xxi) prescription of other
particulars and scale of map under section 107;"; (n)
for clause (xxiii), the
following clause shall be substituted, namely:-- "(xxiii) prescription of Forms
of, and manner for- (a)
reporting of acquisition
of right, intimation; (b)
pre-mutation sketch, if
any; (c)
acknowledgement, (d)
registers, (e)
writing, intimation or
displaying of notice; (f)
supply of copy; (g)
information of pending
cases; and (h)
prescription of fees, under
sections 109, and 110;"; (o)
clause (xxiv) shall be
deleted; (p)
for clause (xxv), the
following clause shall be substituted, namely:-- "(xxv) preparation and
prescription of land records under section 114;"; (q)
after clause (xxv), the
following clause shall be inserted, namely:- "(xxv-a) prescription of fee on
the payment of which Bhoo Adhikar Pustika shall be provided and details of
particulars entered into under section 114-A;"; (r)
for clause (xxviii), the
following clause shall be substituted, namely:-- "(xxviii) specification of, and
manner of, construction and maintenance of boundary marks of villages, sectors
and survey numbers or plot numbers under section 124;"; (s)
for clause (xxix), the
following clause shall be substituted, namely:-- "(xxix) the manner of demarcating
boundary marks between a village road, village waste or land reserved for
community purposes and the land adjoining it and the manner in which they shall
be kept in repair and renewed under section 127;"; (t)
for clause (xxxi), the
following clause shall be substituted, namely- "(xxxi) manner, persons to whom
and the places where, the land revenue shall be paid under section 140;"; (u)
in clause (xxxvi), the
words "during the currency of settlement" shall be omitted; (v)
clause (xxxvii) shall be
deleted; (w)
clause (xli) shall be
deleted; (x)
clause (xliii) shall be
deleted; (y)
after clause (xliv), the
following clause shall be inserted, namely:- "(xliv-a) regulation of partition
in life time of a Bhumswami and apportionment of assessment under section
178-A;"; (z)
clauses (xlvii) to (li)
shall be deleted; (z-a) clause (lvi) shall be deleted; (z-b) after clause (lvii) the
following clause shall be inserted, namely:- "(lvii-a) prescription of the
record to be maintained under section 233-A;"; (z-c) for clause (lx), the following
clause shall be substituted, namely- "(lx) manner for calculation of
compensation under section 239 (6);"; (z-d) after clause (lxv), the
following clause shall be inserted, namely-- "(lxv-a) for the purpose of
carrying into effect the provisions of section 250;"; (z-e) clause (lxvii) shall be deleted; (ii)
after sub-section (2), the
following sub-sections shall be inserted, namely:-- "(2A) The State Government may,
from time to time, make rules consistent with the provisions of this Code
regulating the practice and procedure of the Board and the procedure to be
followed by other Revenue Courts and may by such rules annul, alter or add to
all or any of the rules in Schedule I. (2B) In particular and without
prejudice to the generality of the powers conferred by sub-section (2A), such
rules may provide for all or any of the following matters, namely,- (a)
the service of summons,
notices and other processes by post or in any other manner either generally or
in any specified areas, and the proof of such service; (b)
the regulation 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; (f)
the maintenance and
custody, while under attachment, of live- stock and other movable property, the
fees payable for such maintenance and custody, the sale of such live-stock and
property and the proceeds of such sale; (g)
consolidation of appeals
and other proceedings; (h)
all forms, registers,
books, entries and accounts which may be necessary or desirable for the
transaction of the business 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 any proceedings; (k)
examination of witnesses
on commission and payment of expenses incidental to such examination; (l)
licensing of petition-writers
and the regulation of their conduct. (2C) Such rules shall, from the date
of publication or from such other date as may be specified, have the same force
and effect as if they were contained in Schedule I.". In Schedule 1 to the principal Act, in the heading, for
bracket, words and figure "(see section 41)", the brackets, words,
figures and letters "[see section 258(2A) and (2C)]" shall be
substituted.THE MADHYA PRADESH LAND REVENUE CODE
(AMENDMENT) ACT, 2018
PREAMBLE