The Chhattisgarh Land Revenue Code (Amendment) Act, 2023

[8 of 2023]

[21st April 2023]

An Act further to amend the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959).

Be it enacted by the Chhattisgarh Legislature in the Seventy-Fourth Year of the Republic of India, as follows :-

Section - 1. Short title and commencement

(1)     This Act may be called the Chhattisgarh Land Revenue Code (Amendment) Act, 2023.

(2)     It shall come into force from the date of its publication in the Official Gazette.

Section - 2. Amendment of section 2

In Section 2 of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959), (hereinafter referred to as the Principal Act),-

(i)       in entry (b) of sub-clause (v) of clause (j) of sub-section (1), the words "or occupancy tenant" shall be omitted.

(ii)      in clause (n) of sub-section (1), for the words and figure "the Legal Practitioners Act, 1879 (XVIII of 1879)", the words and figure "the Advocates Act, 1961 (No. 25 of 1961)" shall be substituted.

(iii)     clause (o) of sub-section (1) shall be omitted.

(iv)    in sub-clause (i) of clause (r) of subsection (1), after the words "proceedings", for the word "and", the word "or" shall be substituted.

(v)      clause (s) of sub-section (1) shall be . omitted.

(vi)    after clause (z-6) of sub-section (1), the following clauses shall be inserted, namely:-

"(z-7) "Free-hold Right" means the Bhumiswami Right free from all encumbrances, excepts annual land revenue and other cesses;

(z-8) "Transfer" means the transfers defined under the Transfer of Property Act, 1882 (No. 4 of 1882)."

Section - 3. Amendment of Section 33

Sub-section (2) of Section 33 of the Principal Act shall be omitted.

Section - 4. Amendment of Section 40

For Section 40 of the Principal Act, the following Section shall be substituted, namely:-

"40. Effect of the rules in Schedule-I.

The rules in Schedule-I shall have effects, and can be amended and annulled, as the rules made under the Code."

Section - 5. Amendment of Section 47

For Section 47 of the Principal Act, the following Section shall be substituted, namely:-

"47. Limitation of appeals.-

An appeal against any order can be made within a period of 60 days from the date of the order:

Provided that where a party, other than a party against whom the order has been passed ex-parte, had no previous notice of the date on which the order is passed, limitation under this Section shall be computed from the date of the communication of such order."

Section - 6. Amendment of Section 50

In Section 50 of the Principal Act,-

(i)       for clause (ii) of the proviso of sub-section (1), the following clause shall be substituted, namely:-

"(ii) An application for revision against any order can be made within a period of 60 days from the date of the order and in computing the period aforesaid, the time requisite for obtaining a copy of the said order shall be excluded."

(ii)      in sub-section (2), for the words "Settlement Commissioner" and "Settlement Officer", wherever they occur the words "Commissioner, Land Record" and "District Survey Officer" shall be substituted, respectively.

Section - 7. Amendment of Section 51

In clause (iii) of the proviso of sub-section (1) of Section 51 of the Principal Act, for the word "ninety days", the word and figure "60 days" shall be substituted.

Section - 8. Amendment of Section 52

For proviso of sub-section (2) and (3) of Section 52 of the Principal Act, the following proviso shall be substituted, respectively, namely:-

"Provided that the execution of the order may be stayed until the date of next hearing or one month, whichever is earlier."

Section - 9. Amendment of Section 56

In Section 56 of the Principal Act, the words "or any other enactment for the time being in force" shall be omitted.

Section - 10. Omission of Sections 98, 101, 102 and 103

Sections 98, 101, 102 and 103 of the Principal Act shall be omitted.

Section - 11. Amendment of Section 115

Proviso of sub-section (1) of Section 115 of the Principal Act shall be omitted.

Section - 12. Amendment of Section 124

After sub-section (2) of Section 124 of the Principal Act, the following sub-section shall be inserted, namely: -

"(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 and survey marks erected on his/her land."

Section - 13. Amendment of Section 158

In Section 158 of the Principal Act,-

(i)       in sub-section (4), for the words "a lease", the words "lease of agricultural purpose" shall be substituted.

(ii)      after sub-section (4), the following sub-section shall be added, namely: -

"(5) Person holding Free-hold Right in Government land allotted under non-agricultural purpose, shall be Bhumiswami in relation to that land."

Section - 14. Insertion of Section 162-A

After Section 162 of the Principal Act, the following Section shall be added, namely:-

"162-A. Disposal of Government Land

The State Government may make rules for the allocation, of vacant Government Land, in Free-hold Right, and in lease under concessional terms, by itself or by Authorised Officer for this purpose."

Section - 15. Amendment of Section 165

In Section 165 of the Principal Act,-

(i)       in clause (i) and (ii) of sub-section (6), after the word "loan", the words "or will (bequest)" shall be inserted.

(ii)      in sub-section (7-b), after the words "a person", wherever they occur, the words "or his /or legal heir" shall be inserted.

(iii)     after sub-section (7-b), the following proviso shall be inserted, namely:-

"Provided that a permission mentioned in this sub-section shall not be needed to a Bhumiswami or his/her legal heir holding Bhumiswami Right Certificate under sub-section (4) or Free-hold Right under the sub-section (5) of Section 158, for the transfer of that land,

Section - 16. Amendment of Section 166

After sub-section (3) of Section 166 of the Principal Act, the following sub-section shall be added, namely:-

"(4) If land is transferred in contravention of the Section 165, then it shall not be deemed to be lawful acquisition in favor of the transferee."

Section - 17. Omission of Section 169

Section 169 of the Principal Act shall be omitted.

Section - 18. Amendment of Section 170

In Section 170 of the Principal Act,-

(i)       in sub-section (1), after the protasis "any person", the protasis "who is legal heir of the Bhumiswarni prior to the transfer, or" shall be inserted.

(ii)      in sub-section (2), after the protasis "of the Bhumiswarni or", the protasis "his/her legal heir or" shall be inserted.

(iii)     after sub-section (2), following subsection shall be added, namely:-

"(3) Under the above sub-section (1) and (2), the Sub-Divisional Officer may pass appropriate order after instituting case for enquiry on own motion."

Section - 19. Amendment of Section 172

In Section 172 of the Principal Act,-

(i)       in Explanation of the fifth proviso of sub-section (1), for the word "section", the word "proviso" shall be substituted.

(ii)      in sub-section (5), for the words "one thousand", the words "ten thousand" shall be substituted.

Section - 20. Omission of Section 174

Section 174 of the Principal Act shall be omitted.

Section - 21. Amendment of Section 182

After sub-section (2) of Section 182 of the Principal Act, the following sub-section shall be added, namely:-

"(3) A Government lessee may acquire the Free-hold Right in Government land allocated in non-agricultural purpose, under the rules prescribed for it."

Section - 22. Amendment of Section 246

In Section 246 of the Principal Act, for the words and figures "before the coming into force of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959)," the words and figures "before 1st November, 2000" shall be substituted.

Section - 23. Amendment of Section 248

In Section 248 of the Principal Act,-

(i)       clause (ii) of first proviso of subsection (2-A) shall be omitted.

(ii)      after sub-section (2-B), the following sub-section shall be added, namely: -

"(3) Notwithstanding anything contained in the Code, the State Government or any officer, authorized by the State Government, may do settlement of encroachments prior to the date fixed by the State Government time-to-time and the State Government may make rules in this relation."

Section - 24. Amendment of Section 258

In Section 258 of the Principal Act,-

(i)       in sub-section (1), after the protasis "may make rules", the protasis "and may amend or annul rules made" shall be inserted.

(ii)      sub-section (2) shall be omitted.