UTTAR PRADESH REVENUE CODE (THIRD AMENDMENT) RULES, 2020

 

PREAMBLE

In exercise of the powers under Section 233 of the Uttar Pradesh Revenue Code, 2006 (U.P. Act 8 of 2012) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act 1 of 1904), the Governor is pleased to make the following rules with a view to amend the Uttar Pradesh Revenue Code Rules, 2016

Rule - 1. Short Title and Commencement.

(1)     These rules may be called Uttar Pradesh Revenue Code (Third Amendment) Rules, 2020.

(2)     They shall come into force with effect from the date of their publication in the Gazette.

Rule - 2. Amendment of Rule 16.

In the Uttar Pradesh Revenue Code Rules, 2016, hereinafter referred to as the said rules, in Rule 16 after sub-rule (6), the following sub-rules shall be inserted, namely

"(7) For fixation and demarcation of boundary of revenue villages, the construction of village boundary pillars and its establishment shall be done as per Board orders issued from time to time. The concerned Gram Panchayat shall be responsible for maintenance and upkeep of revenue village boundary, and the funds available in Gram Nidhi or Consolidated Gram Nidhi may be used for this purpose.

(8)   For the demarcation of various gatas/land parcels in a revenue village and its medhbandi, the construction and establishment of boundary pillars shall be done as per Board orders issued from time to time. The expenditure on construction of gata pillars and medhbandi shall be borne by the person who has filed demarcation suit under Section 24 of the code.

(9)   The following procedure shall be followed for determining the unique code and for fixation of latitude and longitude of all village boundary pillars located at boundary of the village

(a)      The boundary pillar may be located at boundary of two, three or four villages, At first, among the adjacent villages to which the boundary pillars are located, the revenue village code (6 digit) of the village having least village code number shall be written. After it the village code (6 digit) of the village having least village code number shall be written. After it the village code (6 digit) of second revenue village, adjacent to boundary pillar, whose code is larger than the code of first village but lower than the third village, if any, shall be written. After it, the gata number (5 digit) of village having lower village code number among these two revenue villages, on boundary of which pillar is located, shall be taken. In the end, the serial number of boundary pillar (2 digit), shall be written. In this way, a 19 digit unique code of that boundary pillar shall be. generated. Similarly, for determining the unique code of next the pillar, the code of the revenue village with least village code number and the next gata number, in which next pillar is located, will be used in the same manner as stated aforesaid.

(b)      After completion of determining the code of all pillars in a village again the same process shall be followed in other village. Leaving out the pillars of next village the coding of which has been done, for the village with lower code number, the coding of other pillars shall be done granting number 1 to other pillars.

(c)      At the time of the coding of boundary pillars of a village, the boundary of which is contiguous with Uttarakhand; Himachal Pradesh, Harayana, Rajasthan, Madhya Pradesh, Chhattisgarh, Bihar, Jharkhand, Union Territory of Delhi and Nepal as the first village located on such boundary, the census code of the concerned village of Uttar Pradesh shall be taken, whereas for the second village code of the concerned State, the six digit village code will be taken as follows

(d)      After coding of boundary pillars located at boundaries of. the villages, the latitude and longitude shall be fixed, so that the boundary pillars can be re-established on the same place in the eventuality of disappearance or destruction."

Rule - 3. Amendment of Rule 22.

In the said Rules, for Rule 22, the following rule shall be substituted, namely

"(1) Under Section 24(1) of the Code the tenure holder shall submit two copies of the application for settlement of boundary dispute to the sub-Divisional-Officer for one or more than one contiguous gatas, and it shall contain the following particulars

(a)      Details of GataGata number, name of tenure holder, father/husband's name of village/tehsil. If the tenure holders are more than one, then particulars of all shall be mentioned; current updated khatauni shall also be to be attached to the application.

(b)      Details of contiguous GataGata number, name of tenure holder, father/husband's name, name of village/tehsil. If the tenure holders are more than one, then particulars of all shall be mentioned. Current updated khatauni shall also be attached to the application.

(2)   If the khata is different in khatauni, but sub-division is not done in sazra-map, then sub-division in sazra-map shall be necessary.

(3)   If boundary of any property of Gram Panchayat/State Government is adjacent to gata/gatas to be demarcated, then the Chairman, Land Management committee/Gram Pradhan and the State Government shall be made a party in the case.

(4)   Only the outer boundary shall be demarcated for an application made for boundary demarcation of contiguous gatas.

(5)   The applicant shall deposit a fee of Rs. 1000/- in Government treasury for the demarcation of gata/attached gatas. A copy of challan receipt shall also be attached with the application form.

(6)   On receipt of an application for demarcation, on the same or next working day, the Sub-Divisional Officer shall register the case in Revenue Court Computerised Management System (RCCMS). Three copies of notices shall be issued from the computerized system and will be delivered to the Revenue Inspector through Tehsildar.

(7)   The Revenue Inspector shall serve notice to the concerned tenure holder/tenure holders as mentioned in sub-rule (1), through the Lekhpal or through any other mode. In absence of the tenure holders, notice will be served to the adult family member of the tenure holder/tenure holders. The information of demarcation shall also be given to the Chairman, Land Management Committee.

(8)   At the time of sending the information or before the demarcation on site, if the Revenue Inspector wants to make any other affected person, a party to the case he can do so.

(9)   After fixing the date of demarcation and intimation to all the concerned tenure holders, the Revenue Inspector or any other revenue official will demarcate the land parcel or parcels, as the case may be, During demarcation if any affected tenure holder is not a party to the case, such tenure holder shall be made a party to the case by the Revenue Inspector on the spot and he will mention the same in his demarcation report. Demarcation shall be completed within a month from the date of order for the same by the Sub-Divisional Officer.

(10) The Revenue Inspector or other revenue officials shall prepare the demarcation report along with the site memo. If there are no objections to the same, then after getting the consent and signature of all the concerned parties on the demarcation report, the same shall be sent it to the Sub-Divisional Officer through Tehsildar in a week. On receipt of the aforesaid report of the Revenue Inspector, the Sub-Divisional officer will pass the order confirming the demarcation report.

(11) If the affected parties to the demarcation have not given their consent to the demarcation, or if there is any objection to the demarcation report, notice (s) will be issued by the Sub-Divisional Officer to all the parties, fixing a date of hearing which shall not be beyond 15 days from the date of issuance of notice.

(12) The Sub-Divisional Officer shall pass an order on the matter of boundary demercation after hearing all the concerned parties. The Revenue Inspector shall comply with such order within two weeks from the date of order, and shall submit his report to the Sub-Divisional Officer.

(13) Where the boundary of gata/survey number is not recognizable due to alluvion or diluvion of land, or heavy rain, or due to damage caused by any other reason, then on the application of the Chairman of village Revenue Committee of that village, or on the report of the Revenue Inspector or Lekhpal, or on the joint application signed by all the concerned parties, the Sub-Divisional Officer shall instruct the Revenue Inspector or Lekhpal by a general or special order in writing, that the demarcate the boundary on ground on the basis of current survey map or, where it is possible, on the basis of possession, and if there is any complaint, then on the advice of Village Revenue Committee, resolve the same on the basis of mutual consent. The Revenue Inspector or Lekhpal shall comply with such order within two weeks from the date of order, and will submit his report to the Sub-Divisional- Officer.

(14) At the time of passing order for demarcation under sub-rules (10), (13) or (14), the Sub-Divisional Officer can direct the SHO of the concerned police station to make police force available on the sport at the time of demarcation of land, in order to maintain law and order.

(15) The Sub-Divisional Officer, will try to complete the process within the stipulated time as mentioned in Section 24(3) of the Code and if the process is not completed within such time then the reason for the same shall be recorded."

Rule - 4. Amendment of Rule 25.

In the said Rules, for Rule 25, the following rule shall be substituted, namely

"(1) The Collector will get prepared and maintained a Field. Book (Khasra) in R.C. Form 4 for each village, and keep a map (showing boundaries of Khasra numbers or gata number) wherein the changes referred to in Section 30 shall be recorded.

(2)   The Field Book (Khasra) for the years before Fasli year 1428 shall be kept in R.C. Form 4 and it shall be maintained and preserved according to Governments Orders and Board Orders issued from time to time.

(3)   In the areas where U.R Zamindari Abolition and Land Management Act, 1950 was in force, the Field Books (Khasra) of Fasli year 1428 and thereafter shall be kept in R.C. Form 4A in Computerized (digital) form.

(4)   At the end of Fasli Year, Khasra entries will be made unchangeable (be frozen) and the copy of Field Book (Khasra) in PDF or any other unchangeable format shall be eternally preserved at State Data Centre at Board level, or at Government Electronic Cloud, like Meghraj etc. one printed copy of the same will be preserved at Tehsil level as record till 12 years.

(5)   Entries in R.C. Form 4A will be recorded in computerized (digital) form as per Governments Orders and Board Orders issued from time to time."

Rule - 5. Amendment of Rule 27.

In the said rules, for sub-rule (1) of Rule 27, the following sub-rule shall be substituted namely

"(1) For every village, the Collector shall cause to be prepared and maintained a Record of Rights (Khatauni) in R.C. Form 7 or R.C. Form 7A which shall contain

(a)      the particulars specified in clauses (a) to (d) of the said section;

(b)      details of the declaration and cancelation referred to in Section 83;

(c)      such other particulars as may from time to time be directed by the Board."

Rule - 6. Amendment of Rule 31.

In the said rules, in Rule 31 after sub-rule (5) the following sub-rules shall be inserted, namely

"(6) To record the uncontested inheritance by the Revenue Inspector, the proceedings of application for mutation and its disposal shall be done online as per the directions issued by Board from time to time.

(7)   All the orders passed by Revenue Inspector shall also be recorded in the Revenue Court Computerised Management System (R.C.C.M.S.) The Incharge Revenue Inspector-Office can record the orders passed by Revenue Inspector in computerized Khatauni only when the suo motu generated application number of mutation by software and date of order passed by Revenue Inspector have been mentioned in the order."

Rule - 7. Amendment of Rule 99.

In the said rules, for sub-rule (8) of Rule 99, the following sub-rule shall be substituted, namely

"(8) After receiving the report submitted "under sub-rule (5)" and the objection, if any, if the Collector is satisfied that

(a)      the conditions of clause (a) or clause (b) of sub-section (1) of Section 98 are fulfilled; or

(b)      the tenure holder or any member of his family is suffering from any fatal disease regarding which the certificate has been issued by any physician or surgeon specialist in the disease concerned and the permission for transfer is necessary to meet out the expenses for the treatment of such disease: or

(c)      the applicant is seeking permission under Section 98(1) of the Code for the proposed transfer to purchase any other land from the consideration of such proposed transfer and the facts on this regard in the application are supported with certified copy of a registered agreement to sell in favour of the applicant; or

(d)      the area of land held by the applicant on the date of application does not, after such transfer, reduce to less than 1.26 hectares, and

(e)      if the permission is being sought for transfer by sale and the consideration for the transfer of the land is not below the amount calculated as per the circle rate fixed by the Collector;

he may grant the permission by recording the reasons.

Explanation.for the removal of doubt it is a hereby clarified that if the condition enumerated in clause (d) of this sub-rule is not fulfilled but any condition enumerated in clauses (a) to (c) of this rule is fulfilled the permission under Section 98(1) of the Code may be granted by Collector."

Rule - 8. Amendment of Rule 101.

In the said rules, for sub-rule (2) of Rule 101, the following sub-rule shall be substituted, namely

"(2) Every such application shall be accompanied by certified copies of the Khatauni relating to the plots, given as well as received in exchange, together with a copy of the resolution of the Bhumi Prabandhak Samiti in favour of such exchange or the suo-motu resolution of the Sub-Divisional-Officer approved by the Collector."

Rule - 9. Amendment of Rule 188.

In the said rules, for Rule 188, the following rule shall be substituted, namely

"(1) Where in relation to any suit, application or proceedings under the code, any express provision has been made in the said code or these rules or Regulations made thereunder, the provisions of the Code, these rules or regulations will apply, notwithstanding anything contained in the Code of Civil Procedure, 1908, or the Limitation Act, 1963.

(2)   all the cases under the Revenue Code 2006, will be registered on the Revenue Court Computerised Management System (R.C.C.M.S.) portal managed by Board. All Revenue Courts will pass the Orders only on self generated Bar Coded order-sheets issued by the computerised system, which will contain the full details of the case i.e. name of the court, case number, computerised case number, name of the parties, Section and the Act under which the case is registered and the Bar code at the top of each order sheet. The concerned Presiding Officer/Peshkar/Reader/Assistant will also print blank order sheet, by logging in through his user I.D. and password on Revenue Court Computerised Management System (R.C.C.M.S.) portal, to record any order by hand. The computerised case number with the details of the case will also be printed in Bar code header on the top of the order sheet.

(3)   Any order passed on the plain paper other than from the self generated Bar coded order-sheets issued by the Revenue Court Computerised Management System (R.C.C.M.S.), will be illegal and unacceptable.

(4)   The Board can issue General or special instructions for the operation, determining procedure and digitisation and computerisation of Revenue Courts."

Rule - 10. Insertion of Form 4A.

In the said rules, after Form 4 the following Form 4A shall be inserted namely

R.C. FORM 4(A)

[See Rule 25]

Khasra (Field Book)

Part-01 Detail of Gata-(column no. 01 to 05)

Part-02 Description of crop and irrigation facilities (column no. 06 to 20)

Part-03 Natural calamity and details of disposal of agricultural residues-(Column no. 21 to 26)

Part-04 Detail of trees-(Column no. 27 to 28)

Part-05 Detail of non-agricultural land-(Column no. 29 to 34)

Column 29- whether the declaration of article 143 or 80 of Revenue Code, 2006 is pronounced for entire or any part of land holding Yes/No
Type of non-agricultural land uses	Area under non-agricultural use	Area declared non-agricultural	Case for declaring non-agricultural/computerized case no.	Date of order for declaration of non-agricultural
30	31	32	33	34

Part-06 Description of Lease/Patta-(Column no. 35 to 41)

Part-07 Do Fasli Area and details of un-cropped land-(Column no. 42 to 45)

Part-08 Specific detail-(Column no. 46)

Rule - 11. Insertion of Form 7A.

In the said rules, after Form 7 the following Form 7A shall be inserted, namely

R.C. FORM 7A

[See Rule 27]

Khatauni (Record of Right)

District..........................Tehsil........................Vikas Khand/Local authority...................................................Thana......................Pargana....................Revenue Village.................. Revenue Village Code................................................. Crop

Year.........................