[Act No. 14 of 2020] [07th February, 2020] An Act further to amend the
Madhya Pradesh Land Revenue Code, 1959. Be it enacted by the Madhya Pradesh Legislature in the
seventieth year of the Republic of India as follows:-- This Act may be called the Madhya Pradesh Land Revenue Code
(Amendment) Act, 2019. 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), for clause (u), the following clause shall be substituted, namely :-- "(u) 'Revenue Officer' means any
revenue officer mentioned in Section 11;". In Section 13 of the principal Act,- (i) the proviso to sub-section (2) shall
be deleted; (ii) after sub-section (2), the following
new sub-section shall be added, namely:- "(3) The State Government, before passing any order under this section on
any proposal to alter the limits of any division or district or sub-division or
tahsil or to create new or abolish existing division or district or
sub-division or tahsil, shall invite objections to such proposals in the
prescribed Form and shall take into consideration objections received, if
any". In Section 19 of the principal Act, for sub-section (2) and
sub-section (3), the following sub-sections shall be substituted, namely:- "(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.". 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.". In Section 33 of the principal Act, for the word and figure
"Section 41", the word and figure "Section 258" shall be
substituted. In Section 40 of the principal Act, the words "in
accordance with the provisions of this Chapter" shall be omitted. 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 50 of the principal Act, in sub-section (3), for
clause (a), the following clause shall be substituted, namely:-- "(a) the order, if it had been made in favour of the party applying for
revision, would have finally disposed of the proceedings; or". In Section 59 of the principal Act, for sub-section (9),
the following sub-section shall be substituted, namely:- "(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.". For Section 67 of the principal Act, the following section
shall be substituted, namely:- "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 if such land is used for agricultural purpose; (c) divide such land into block numbers,
recognize existing block numbers, reconstitute block numbers or form new block
numbers if such land is 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.". In Section 72 of the principal Act, for the words "at
such rates as may be prescribed." the words "as per rules made under
Section 59 and 60." shall be substituted. In Section 108 of the principal Act, in sub-section (1), in
clause (d), for sub-clause (i), the following sub-clause shall be substituted,
namely:- "(i) the nature and extent of the respective interests of such persons
and the conditions or liabilities, if any, attached thereto;". In Section 110 of the principal Act, for sub-section (1),
the following sub-section shall be substituted, namely:- "(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.". In Section 114 of the principal Act, in sub-section (1),
for clause (a), the following clause shall be substituted, namely:- "(a) village map, abadi map and
block map under section 107;". In Section 129 of the principal Act, for sub-section (8),
the following sub-section shall be substituted, namely- "(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.". In Section 134 of the principal Act, for the words and
figures "section 131, 132 or 133", the words and figures
"section 131 or 133" and for the words "five hundred
rupees", the words "five thousand rupees" shall be substituted. In Section 158 of the principal Act, for proviso to
sub-section (3), the following proviso shall be substituted, namely: - "Provided that no such person, other than a person
falling under any of the following categories, 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:-- (i) a local authority as defined in clause
(20) of Section 2 of the Madhya Pradesh General Clauses Act, 1957 (No. 3 of
1958); (ii) a Town and Country Development
Authority or a Special Area Development Authority constituted under section 38
and 64 respectively of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam,
1973 (No. 23 of 1973); (iii) the Madhya Pradesh Housing and
Infrastructure Development Board constituted under the Madhya Pradesh Griha
Nirman Evam Adhosanrachna Vikas Mandal Adhiniyam, 1972 (No. 3 of 1973); (iv) a government company as defined in
clause (45) of Section 2 of the Companies Act, 2013 (No. 18 of 2013) in which
the State Government has more than fifty one percent shares; (v) a person to whom land is allotted in
Bhumiswami rights by the State Government through auction; (vi) any government entity, notified by the
State Government from time to time, to whom land is allotted in Bhumiswami
rights.". In Section 165 of the principal Act, for sub-section (1),
the following sub-section shall be substituted, namely:- "(1) Subject to the other provisions of this Section, provisions of the
proviso to subsection (3) of Section 158 and provisions of section 168, a
Bhumiswami may transfer any interest in his land.". After Section 175 of the principal Act, the following new
section shall be inserted, namely:- "176. Abandonment of holding - (1) If a Bhumiswami ceases to cultivate
his holding for five years either by himself or by some other person, does not
pay land revenue and has left the village in which he usually resides, the
Tahsildar may, after such enquiry as he may deem necessary, take possession of
the land comprising the holding and arrange for its cultivation by letting it
out on behalf of the Bhumiswami for a period of one agricultural year at a
time. (2) Where the Bhumiswami or any other
person lawfully entitled to the land claims it within a period of five years
from the commencement of the agricultural year next following the date on which
the Tahsildar took possession of the land, it shall be restored to him on
payment of the dues, if any, and on such terms and conditions as the Tahsildar
may think fit. (3) Where no claim is preferred under
sub-section (2) or if a claim is preferred and disallowed, on the receipt of a
report from Tahsildar, the Sub-Divisional Officer, after making such enquiry,
as he may deem fit, shall make an order declaring the holding abandoned and the
holding shall vest absolutely in the State Government, from such date as may be
specified in that behalf in the order. (4) Where a holding is declared abandoned
under sub-section (3), the liability of the Bhumiswami for the arrears of
revenue due from him in respect thereof shall stand discharged.". In Section 183 of the principal Act, in sub-section (6),
the words "from the date as notified by State Government" shall be
omitted. For section 244 of the principal Act, the following section
shall be substituted, namely:- "244. Disposal of abadi sites.- Subject to rules made in this behalf, the Tahsildar shall
dispose of abadi sites in bhumiswami rights 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.". In section 248 of the principal Act, in sub-section (1),
after the words and figures "under section 237", the words and
figures "or set apart for any public purpose under section 233-A"
shall be inserted. In section 257 of the principal Act, - (i)
for clause (b), the
following clause shall be substituted, namely:- "(b) any question as to the validity or affect of the notification of a
land survey;"; (ii)
in clause (c), for the
words "Settlement Officer", the words "District Survey
Officer" shall be substituted. In section 258 of the principal Act, in sub-section (2),- (i) in clause (i-a), for the word, bracket
and figures "section 13(2)", the words, bracket and figures
"sub-section (3) of section 13" shall be substituted; (ii) 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;"; (iii)
clause (viii) shall be
deleted; (iv) in clause (xxiii) ,- (a) for sub-clause (a), the following
sub-clause shall be substituted, namely-"(a) reporting of acquisition of
right, intimation;"; (b) for sub-clause (e), the following
sub-clause shall be substituted, namely:-"(e) writing, intimation or
displaying of notice;"; (v) after clause (xxviii), the following
clause shall be inserted, namely- "(xxviii -a) manner in which a
person may be summarily ejected under section 126;"; (vi)
clause (xxxiii) shall be
deleted; (vii) clause (xlv-a) shall be deleted; (viii)
clause (liv) shall be
deleted; (ix) for clause (lvii-a), the following
clause shall be substituted, namely- "(lvii-a) prescription of the
record to be maintained under section 233-A;"; (x)
clause (lxviii) shall be
deleted.THE
MADHYA PRADESH LAND REVENUE CODE (AMENDMENT) ACT, 2019
PREAMBLE