THE UTTAR PRADESH REVENUE CODE (AMENDMENT) ACT, 2019

THE UTTAR PRADESH REVENUE CODE (AMENDMENT) ACT, 2019[1]

[Act No. 07 of 2019]

[02nd August, 2019]

PREAMBLE

An act to amend the Uttar Pradesh Revenue Code, 2006 for facilitating the availability of land for industrialisation and agricultural development in the State of Uttar Pradesh and for changes in subjects related to inheritance of land holders

It is hereby enacted in the Seventieth Year of the Republic of India as follows--

Section 1 - Short title and commencement

(1)     This Act may be called the Uttar Pradesh Revenue Code (Amendment) Act, 2019.

(2)     It shall be deemed to have come into force on March 10, 2019.

Section 2 - Amendment of Section 24 of U.P. Act 8 of 2012

In Section 24 of the Uttar Pradesh Revenue Code, 2006 hereinafter referred to as the principal Act, in sub-section (4), for the words "the order of the Commissioner shall be final," the words "The order of the Commissioner shall, subject to the provisions of Section 210, be final" shall be substituted.

Section 3 - Amendment of Section 38

In Section 38 of the principal Act, in sub-section (4), for the words "The decision of the Commissioner shall be final," the words 'The decision of the Commissioner shall, subject to the provisions of Section 210, be final" shall be substituted.

Section 4 - Amendment of Section 66

In Section 66 of the principal Act, in sub-section (3) for the words "Every order of the Collector made under this section shall be final", the words "Every order of the Collector made under this section shall, subject to the provisions of Section 210, be final" shall be substituted.

Section 5 - Amendment of Section 69

In Section 69 of the principal Act, in sub-section (3) for clause (c) the following clause shall be substituted, namely--

"(c) The payment of expenses incurred on protection, preservation and development of lands of common utility; and"

Section 6 - Amendment of Section 72

In Section 72 of the principal Act, in sub-section (1) for clause (c) the following clause shall be substituted, namely--

"(c) one or more Divisional Government Counsel (Revenue) for the divisional headquarters who shall also look after the work related to Circuit Courts of the Board, (wherever Circuit Courts exist at Division level) and".

Section 7 - Amendment of Section 77

In Section 77 of the principal Act, in sub-section (2) for the words "in the, same Gram Panchayat" the words "in the same or any nearby Gram Panchayat" shall be substituted.

Section 8 - Amendment of Section 80

For Section 80 of the principal Act, the following section shall be substituted, namely--

"80.   (1) Where a bhumidhar with transferable rights uses his holding or part thereof, for industrial, commercial or residential purposes, the Sub-Divisional Officer may, suo motu or on an application moved by such bhumidhar, after making such enquiry as may be prescribed, either make a declaration that the land is being used for the purpose not connected with agriculture or reject the application. The Sub-Divisional Officer shall take a decision on the application within forty five working days from the date of receipt of the application. In case the application is rejected, the Sub-Divisional Officer shall state the reasons in writing for such rejection and inform the applicant of his decision.

(2) Where a bhumidhar with transferable rights proposes to use in future his holding or part thereof, for industrial, commercial or residential purposes, the Sub-Divisional Officer may on an application moved by such bhumidhar, after making such enquiry as may be prescribed, either make a declaration that the land may be used for the purpose not connected with agriculture or reject the application, within forty five working days from the date of receipt of the application. In case the application is rejected, the Sub-Divisional Officer shall state the reasons in writing of such rejection and inform the applicant of his decision:

Provided that for declaration under this sub-section there must exist a boundary wall surrounding the holding or part thereof, which is proposed to be used for such purpose:

Provided further that if the bhumidhar fails to start the proposed non-agricultural activity within a period of five years from the date of declaration under this sub-section, then the declaration under sub-section (2) for the holding or part thereof shall lapse:

Provided also that a declaration under this sub-section (2) shall not amount to change of land use and the land shall continue to be treated as agricultural land only. However, the bhumidhar shall be entitled to obtain loan and other necessary permissions, clearances, etc. for the activity or project, proposed on the holding or part thereof, for which declaration under this sub-section has been obtained.

(3) A bhumidhar possessing declaration under sub-section (2) for his holding or part thereof, may apply to Sub-Divisional Officer for converting declaration under sub-section (2) to a declaration under sub-section (1), after completion of construction activity or start of the proposed non-agricultural activity, within a period of five years from declaration under sub-section (2). On receipt of such an application, the Sub-Divisional Officer, after making such enquiry as necessary, shall approve or reject the application within a period of 15 days from the receipt of the application. In case of rejection, he shall record in writing the reasons for such rejection:

Provided that for conversion of declaration under sub-section (2) to a declaration under sub-section (1), the bhumidhar shall be liable to pay only the balance amount of fee payable, calculated at prevailing circle rate, after adjusting the amount already paid by him for declaration under sub-section (2) earlier.

(4) No application for a declaration under sub-section (1) or sub-section (2), moved by any co-bhumidhar having undivided interest in bhumidhari land shall be maintainable, unless application is moved by all the co-bhumidhars of such bhumidhari land. In case only one of the co-bhumidhar wants to get a declaration for his share in the land with joint interest, then such an application shall be entertained only after the respective shares of the co-bhumidhars in the land have been divided in accordance with the provisions of law.

(5) The application for declaration [under sub-section (1) or sub-section (2)] shall contain such particulars and shall be made in such manner as may be prescribed.

(6) Where the application under sub-section (1) or sub-section (2) is made in respect of a part of the holding, the Sub-Divisional Officer may, in the manner prescribed, demarcate such part for purposes of such declaration.

(7) No declaration under this section shall be made by the Sub-Divisional Officer, if he is satisfied that the land or part thereof is being used or is proposed to be used for a purpose which is likely to cause a public nuisance or to affect adversely public order, public health, safety or convenience or which is against the uses proposed in the master plan.

(8) In case the land or part thereof for which a declaration under this section is being sought falls within the area notified under any Urban or Industrial Development Authority, then prior permission of the concerned Development Authority shall be mandatory.

(9) The State Government may fix the scale of fees for declaration under this section and different fees may be fixed for different purposes:

Provided that if the applicant uses the holding or part thereof, for his own residential purpose, no fee shall be charged for the declaration under this section."

Section 9 - Amendment of Section 81

In Section 81 of the principal Act, for the words and figures "Section 80" the words and figures "sub-section (1) of Section 80" shall be substituted:

Section 10 - Amendment of Section 89

In Section 89 of the principal Act, for sub-section (3) the following sub sections shall be substituted, namely--

"(3)  The State Government or an officer authorised for this purpose under this Act may approve an acquisition or purchase done or proposed to be done, in excess of the limits specified in sub-section (2), if such acquisition or purchase is in favour of a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution; and if it is of opinion that the acquisition or purchase would be in public interest and likely to generate economic activities (other than agricultural) and provide employment. In such case, the provisions of the Uttar Pradesh Imposition of Ceiling on Land Holding Act, 1960 shall not apply to such acquisition:

Provided that where the land has been acquired or purchased by a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution, without obtaining prior approval under this sub-section the State Government or an officer authorised for this purpose under this Act, may give its approval for regularising such acquisition or purchase afterwards on payment of an amount as fine, which shall be five per cent of the cost of the land in excess of the limit prescribed under sub-section (2), calculated as per the circle rate prevailing at the time of making the application.

(4)  Permission under sub-section (3) for acquisition or purchase of land by a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution in excess of limits prescribed under sub-section (2) shall be granted, on the conditions and in the manner prescribed by--

(i)       the Collector concerned for acquisition or purchase of land up to 20.2344 hectares;

(ii)      the Commissioner concerned for acquisition or purchase of land more than 20.2344 hectares and up to 40.4688 hectares;

(iii)     the State Government for acquisition or purchase of land more than 40.4688 hectares.

Provided that if the applicant fails to set up the project within a period of five years from the date of grant of permission under sub-section (3), the same shall lapse and the land acquired or purchased in excess of the limit prescribed under sub-section (2) shall vest in the State and the consequences of Section 105 shall become applicable:

Provided further that the State Government may extend the period of permission granted under sub section (3) for a further period of maximum three years, after recording reasons for the same."

Section 11 - Amendment of Section 94

For Section 94 of the principal Act, the following section shall be substituted, namely--

"94. Lease by a Bhumidhar--

(1)     A Bhumidhar may lease out his holding or any part thereof to any person, firm, company, partnership firm, limited liability partnership firm, trust, society or any other legal entity for agriculture or for setting up a solar energy plant. Such lease shall be known as the private lease by a bhumidhar.

(2)     Private lease by a Bhumidhar means a contract based on an agreement, with mutually agreed terms and conditions, between lessor, who may be a Bhumidhar and the Lessee who wishes to undertake agricultural activities or set up a solar energy plant, by which the lessor grants permission to the Lessee to use the land or holding or any part thereof for agricultural purposes or for establishment of solar energy plant, against a consideration in cash or kind or a share of produce, payable to the lessor as per the lease agreement.

(3)     Period of private lease by a bhumidhar--maximum period of the private lease by a Bhumidhar shall not exceed fifteen years at a time:

Provided that, after the expiration of the first lease period, the duration of lease period may be further extended by mutual consent of the lessor and the Lessee:

Provided further that for purpose of establishing a solar energy plant, the maximum period may be up to thirty years.

(4)     Conditions of the private Lease by a bhumidhar--

The terms and conditions of the private lease by a bhumidhar shall be as mutually agreed between the lessor and Lessee. The general conditions of the lease shall be in the manner as may be prescribed."

Section 12 - Amendment of Section 95

For Section 95 of the principal Act, the following section shall be substituted, namely--

"95. Lease

how made, its termination and any dispute arising thereto--Private lease by a bhumidhar may be oral or in writing or Registered--

(1)     Private Lease by a bhumidhar for a single crop or for period up to one year may be either oral or in writing. Lease agreement for period exceeding one year shall be made by a registered instrument only.

(2)     Private Lease by a bhumidhar to be recorded in remarks column of Record of Rights--In case of written or registered lease agreement, a copy of the agreement or deed shall be made available to Revenue Inspector concerned, who shall pass order for recording the details of the private lease by a bhumidhar lease agreement (names and other details of lessor and Lessee; date of agreement; period of lease; proposed use of land; and annual lease rent) in the Remarks column of Record of Rights (khatauni).

(3)     Private Lease by a bhumidhar shall not create any type of Tenancy Right--An agreement of private lease by a Bhumidhar either registered under the Registration Act, 1908 or countersigned by a Revenue Officer or Gram Pradhan or notarised by a Notary or oral, shall not create or confer any rights or interest in favour of the Lessee over the leased land, including protected tenancy or occupancy right or any other right against eviction or lease termination, other than those contained in this Act or Rules, the lease agreement shall not be used by the Lessee to establish and permanent right over the leased land in any Court of Law.

(4)     Resumption of Land--After expiration of the private lease by a bhumidhar period of or termination of such private lease, the instrument of private lease by a bhumidhar shall be a nullify and if the period of such private lease is not extended, the leased land shall automatically revert to the lessor and the Lessee shall hand over peaceful possession of the land, free from all encumbrances, to the lessor and shall cease to have any right, title or interest in the land so leased out.

Explanation.--Regardless of any dispute, arising out of private lease made under Section 94, pending before any Court of Law, the lessor shall be entitled to get peaceful possession of the leased land after the expiration of the private lease period and the Lessee shall have no right to retain possession over the leased land.

(5)     Effect of Private Lease by a bhumidhar--The provisions contained in the Code regarding private lease by a bhumidhar shall not have retrospective effect.

(6)     Termination of the private lease by a bhumidhar--

(a)      Unless extended by mutual consent between the lessor and Lessee, the private lease agreement would terminate on expiry of the private lease period mentioned in the agreement,

(b)      In case of non-payment of consideration amount or annual lease, rent by the Lessee by the due date, or if any of the terms and conditions of the private lease are violated by him, the private lease by a bhumidhar agreement may be terminated by the lessor, prior to expiry of the lease period, after giving due notice to the Lessee in writing,

(c)      In case the private lease agreement is proposed to be terminated prematurely by the lessor, then the Lessee shall be entitled to remove such structures, machinery, etc. that were created or installed by the Lessee on the leased land. The Lessee would also be entitled to recover such damages and compensation from the lessor, as agreed upon and laid down in the private lease agreement,

(d)      In case the Lessee wishes to terminate the lease agreement prematurely or surrenders the land during the private lease by a bhumidhar period, then he shall have to give at least six months' notice to the lessor and shall also be liable to pay the annual rent for the remaining part of the year to the lessor, in addition to such other compensation, as agreed upon and laid down in the private lease by a bhumidhar agreement or as prescribed,

(e)      In case after expiration of the private lease by a bhumidhar period or termination of the lease agreement, the Lessee fails to handover peaceful possession of the leased land to the lessor, the Lessee shall be treated as unauthorised occupant and shall be liable to be ejected from the leased land. The Lessee shall also be liable to pay such penal rent or damages to the lessor for the period of unauthorised occupation, as provided in the private lease by a bhumidhar agreement, in addition to the cost of such ejection,

(f)       The lessor and Lessee may terminate the private, lease by a bhumidhar on mutually agreed terms at any time.

(7)     Disputes arising out of the private lease by a bhumidhar--

(a)      In an event of a dispute arising out of the private lease agreement by a bhumidhar, or any terms and conditions thereof; the Lessee and the lessor shall make all efforts to amicably resolve and settle the dispute amongst themselves or if mutually agreed, by using mediation by a third party arbitrator or Gram Panchayat or Village Revenue Committee,

(b)      If the dispute is not settled through the mechanism mentioned in clause (a) either party may file a petition before the Sub-Divisional Officer,

(c)      The Sub-Divisional Officer shall adjudicate the dispute using the summary procedure within a period of thirty days of its institution,

(d)      An appeal against the order, other than an interim order, passed by a Sub-Divisional Officer, shall lie before the Commissioner. The decision of Commissioner shall subject to the provision of Section 210, be final."

Section 13 - Omission of Sections 96 and 97

Sections 96 and 97 of the principal Act shall be omitted.

Section 14 - Omission of Section 103

Section 103 of the principal Act shall be omitted.

Section 15 - Amendment of Section 104

For Section 104 of the principal Act, the following section shall be substituted, namely--

"104. Every Lease or transfer of interest in any holding or part thereof made by a bhumidhar or any asami in contravention of the provisions of this Code shall be void."

Section 16 - Amendment of Section 105

In Section 105 of the principal Act, in sub-section (1) after clause (d) the following clause shall be inserted, namely--

"(e) the provisions of this section shall not apply to any lease made under Section 94."

Section 17 - Amendment of Section 108

In Section 108 of the principal Act, for sub-section (2) the following sub section shall be substituted, namely--

"(2) The following relatives of the male bhumidhar, asami or Government lessee are heirs, subject to the provisions of sub section (1), namely--

(a)      widow, unmarried daughter and the male lineal descendants in the male line of descent as per stirpes:

Provided that the widow and the son and unmarried daughter of a predeceased son how low-so-ever shall inherit per stripes the share which would have devolved upon the predeceased son had he been alive;

(b)      mother and father;

(c)      married daughter;

(d)      brother and unmarried sister being respectively the son and the daughter of the same father as the deceased, and son and unmarried daughter of a predeceased brother, the predeceased brother having been the son of the same father as the deceased;

(e)      son's daughter;

(f)       father's mother and father's father;

(g)      daughter's son and unmarried daughter;

(h)     married sister;

(i)       half sister, being the daughter of the same father as the deceased;

(j)       sister's son and unmarried daughter;

(k)      half sister's son, and unmarried daughter, the sister having been the daughter of the same father as the deceased;

(l)       brother's son's son and unmarried daughter;

(m)    father's father's son and unmarried daughter;

(n)     father's father's son's son and unmarried daughter;

(o)      mother's mother's son and unmarried daughter."

Section 18 - Amendment of Section 110

In Section 110 of the principal Act, the following section shall be substituted namely--

"110. Where any female bhumidhar, asami or a Government lessee dies, after the commencement of this Code, then her interest in any holding or its part shall subject to the provisions of Sections 107 to 109 devolve, in accordance with the order of succession given below--

(a)      son, unmarried daughter, son's son and unmarried daughter, son's son's son and unmarried daughter, predeceased son's widow, and predeceased son's predeceased son's widow, in equal shares as per stirpes:

Provided firstly that the nearer shall exclude the remoter in the same branch:

Provided secondly that a widow who has remarried, shall be excluded;

(b)      husband;

(c)      married daughter;

(d)      daughter's son and unmarried daughter;

(e)      father;

(f)       widowed mother;

(g)      brother, being the son of the same father as the diseased and brother's son and unmarried daughter as per stripes;

(h)     unmarried sister;

(i)       married sister;

(j)       sister's son and unmarried daughter."

Section 19 - Amendment of Section 210

In Section 210 of the principal Act, in the Hindi version, in sub-section (1) for the words "d¨Ã vihy ugh gq;h" the word "d¨Ã vihy ugh g¨ ldrh" shall be substituted.

Section 20 - Amendment of the third schedule

In the third Schedule to the principal Act, in the entries against sub-section (4) of Sections 131 and 133 for the word "Tehsildar" the words "Sub-Divisional Officer" shall be substituted.

Section 21 - Repeal and saving

(1)     The Uttar Pradesh Revenue Code (Amendment) Ordinance, 2019 (UP. Ordinance 2 of 2019) is hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the provisions of principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times.