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The C.G. Land Revenue Code, 1959

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CHHATTISGARH
India

The C.G. Land Revenue Code, 1959

Act 20 of 1959
Published on 25 April 2016
Commenced on 25 April 2016

[This is the version of this document from 25 April 2016.]

[Note: The original publication document is not available and this content could not
be verified.]

The C.G. Land Revenue Code, 1959

(C.G. Act No. 20 of 1959)

Last Updated 4th November, 2019

Statement of Objects and Reasons. - There are at present different sets of laws
regarding land revenue, agricultural tenures and other matters relating thereto in
force in the different regions of this State. Such a state of affairs is obviously not
desirable from the point of view of efficient revenue administration and it is
necessary to have a uniform legislation on the subject for the whole of the State.
The Bill is designed to achieve this object. It is generally based on the existing laws
in force on the subject in the various regions.

Received the assent of the President on 15-9-1959, published in the C.G. Gazette,
(Extraordinary), dated 21-9-1959.

An Act to consolidate and amend the law relating to land revenue, the powers of
Revenue Officers, rights and liabilities of holders of land from the State
Government, agricultural tenures and other matters relating to land and the
liabilities incidental thereto in Chhattisgarh.

Be it enacted by the Chhattisgarh Legislature in the Tenth Year of the Republic of

India as follows :-

Chapter-I Preliminary

1. Short title, extent and commencement.

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(1) This Act may be called the Chhattisgarh Land Revenue Code, 1959.

(2) It extends to the whole of Chhattisgarh but nothing contained in this Code
except the provisions relating to liability of land for payment of land
revenue, the assessment of land revenue with reference to the use of land,
realisation of land revenue and all provisions ancillary thereto shall apply to
such areas as may, from time to time, be constituted as reserved or protected
forest under the Indian Forest Act, 1927 (XVI of 1927) :

Provided that the aforesaid provisions of the Code shall apply with reference
to the use of land in such areas for one or more of the purposes specified in
Section 59.

(3) This Code shall come into force on such date as the State Government may,
by notification, appoint.

2. Definitions.

(1) In this Code, unless there is anything repugnant to the subject or context,-

(a) "abadi" means the area reserved from time to time in a village in a
non-urban area for the residence of the inhabitants thereof or for
purposes ancillary thereto, and any other local equivalent of this
expression such as "village site" or "gaonsthan" shall also be construed
accordingly;

(b) "agriculture" includes-

(i) the raising of annual or periodical crops including betel leaves

(Pan) and waternuts (singhara) and garden produce;

(ii) horticulture;

(iii) the planting and upkeep of orchards; and

(iv) the reserving of land for fodder, grazing or thatching grass;

(v) the use of land for poultry, fisheries or animal husbandry in an

area situated more than five kilometres away from the
periphery of urban areas;

(c) "agricultural year" means the year commencing on the first day of July
or such other date as the State Government may, by notification,
appoint;

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(d) "Board" means the Board of Revenue constituted under Section 3;

(e) "bonafide agriculturist" means a person who cultivates land

personally or who may reasonably be expected to cultivate personally;

(f) "co-operative society" means a society registered as such under any

law relating to Co-operative Societies in force for the time being in any
region of the State;

(g) "Government forest" means a forest constituted as a reserve forest or

protected forest in accordance with the provisions of the Indian Forest
Act, 1927 (XVI of 1927);

(h) "Government lessee" means a person holding land from the State
Government under Section 181;

(i) "holding" means -

(i) a parcel of land separately assessed to land revenue and held

under one tenure; and

(ii) in reference to land held by a tenant a parcel of land held from

a bhumiswami under one lease or set of conditions;

(j) "improvement" means with reference to a holding, any work which

adds materially to the value of the holding which is suitable thereto
and consistent with the purpose for which it is held and which, if not
executed on the holding, is either executed directly for its benefit or is
after execution, made directly beneficial to it; and, subject to the
foregoing provisions, includes-

(i) the construction of tanks, wells, water channels, embankments

and other works for storage, supply or distribution of water for
agricultural purposes;

(ii) the construction of works for the drainage of land or for the
protection of land from floods, or from erosion or other damage
from water;

(iii) the planting of trees and the reclaiming, clearing, enclosing,

levelling or terracing of land;

(iv) the erection of buildings on or in the vicinity of the holding,

elsewhere than in the abadi or urban area, required for the
convenient or profitable use or occupation of the holding; and

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(v) the renewal or reconstruction of any of the foregoing works, or

alterations therein or additions thereto;

but does not includes-

(a) temporary wells and such water channels, embankments, levelling,

enclosures or other works or petty alterations in or repairs to such
works, as are commonly made by cultivators of the locality in the
ordinary course of agriculture; or

(b) any work which substantially diminishes the value of any land,
wherever situated, in the occupation of any other person, whether as
bhumiswami or occupancy tenant;

Explanation. - A work which benefits several holdings may be deemed to be

an improvement with respect to each of such holdings;

(k) "land" means a portion of the earth's surface whether or not under
water; and, where land is referred to in this Code, it shall be deemed to
include all things attached to or permanently fastened to any thing
attached to such land;

(l) "landless person" means a person who is bonafide agriculturist and

who whether individually or jointly with other members of his family
hold no lands or land less than the area which may be prescribed in
this behalf;

Explanation. - For purposes of this clause the family of a person shall be

deemed to consist of his spouse, issue and parents.

(m) "land records" means records maintained under the provisions of this
Code;

(n) "legal practitioner" means any person entitled to practice in any of the
Courts in Chhattisgarh under the [Legal Practitioners Act, 1879 (XVIII
of 1879),] [See now Advocates Act, 1961 (No. 25 of 1961).] or under any
other law for the time being in force;

(o) "mango grove" means mango trees planted in such numbers that they
preclude or when full grown are likely to preclude the land on which
they stand or any major portion thereof from being used primarily for
any purpose other than planting of trees;

[(o-a) "Market Value" means the value of land assessed according to the

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guidelines issued by the Collector under the Chhattisgarh Bajar Mulya

Margdarshak Siddhanton Ka Banaya Jana Tatha Unka Punrikshan Niyam,
2000 made under the Indian Stamp Act, 1899 (No. 2 of 1899);] [Inserted by
C.G. Act No. 32 of 2013, dated 16.8.2013.]

[(o-b) "Urban land" means and adopted for other use except agriculture in
master plan/development policy of the urban areas.] [Inserted by C.G. Act No.
18 of 2015, dated 24.4.2015.]

(p) "orchard" means fruit trees planted in such numbers than they
preclude or when full grown are likely to preclude the land on which
they stand or any major portion thereof from being used primarily for
any purpose other than planting of trees;

(q) "plot number" means a portion of land in urban area formed into or
recognised as a plot number under Section 93, in respect of which the
area and the land revenue payable are separately entered in the
prescribed records under an indicative number and includes any
portion of land entered in the previous records under an indicative
number known as khasra or survey number;

(r) "recognised agent" in reference to a party to a proceeding under the

Code means-

(i) a person authorised under a power of attorney by such party to

make appearance and applications and to do other acts on his
behalf in such proceedings; and

(ii) a person authorised in writing by such party to make

appearance on his behalf in such proceedings;

(s) "region" means the Mahakoshal region, the Madhya Bharat region, the
Bhopal region, the Vindhya Pradesh region and the Sironj region, or
any of these, as the case may be;

(t) "rents" means whatever is paid or is payable in money or in kind-

(i) by an occupancy tenant to his bhumiswami according to the

provisions of Section 188 or by a lessee to his bhumiswami, on
account of the use or occupation of land held by him from such
bhumiswami; or

(ii) by a Government lessee to the Government on account of the

use or occupation of land leased out to him by the Government;

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(u) "Revenue Officer" in any provision of this Code means such

Revenue Officer as the State Government may, by notification,
direct to discharge the functions of a Revenue Officer under that
provision;

(v) "revenue year" means the year commencing on such date as the
State Government may, in the case of any special local area, by
notification, appoint;

(w) "sub-division of a survey number" means a portion of a survey

number in respect of which the area and the land revenue payable are
separately entered in the land records under an indicative number
subordinate to that of the survey numbers of which it is a portion;

(x) "survey number" means a portion of land in non-urban area formed

into, or recognised as a survey number at the last preceding revenue
survey, or subsequently recognised as such by the Collector, in respect
of which the area and land revenue payable are separately entered
under an indicative number in the land records; and includes, any
portion of land entered in the land records under an indicative
number known as the khasra number;

(y) "tenant" means a person holding land from a bhumiswami as an

occupancy tenant under Chapter XIV;

(z) "tenure-holder" means a person who holds land from the State
Government and who is or is deemed to be bhumiswami under the
provisions of this Code;

(z-1) "timber trees" means trees of the following species, namely :-

(i) Tectona grandis (sagwan);

(ii) Pterocarpus Marsumpium (bija);

(iii) Dalberia latifolia (shisham);

(iv) Shorea robusta (sal);

(v) tinsa;

(vi) Terminalia tomentosa (ain or saj);

(vii) Santalumalbam (Chandan);

(viii) [ Adina Cordifolia (Haldoo); [Inserted by C.G. Act No. 31 of 2002 (w.e.f.

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3.11.2002).]

(ix) Mitragyna Parviflora (Mundi);

(x) Terminalia Arjuna (Arjun);

(xi) Diaspyrous melaxylon (Tendu);

(xii) Gmelina arborea (Khamhar).]

(z-2) "to cultivate personally" means to cultivate on one's own account-

(i) by one's own labour; or

(ii) by the labour of any member of one's family; or

(iii) by servants on wages payable in cash or kind but not in crop share; or

(iv) by hired labour under one's personal supervision or the personal

supervision of any member of one's family;

(z-3) "unoccupied land" means the land in a village other than the abadi or
service land, or the land held by a bhumiswami, a tenant or a Government
lessee;

(z-4) "urban area" means the area for the time being included within the
limits of any municipal corporation or any municipality or notified area
constituted under any law for the time being in force relating to
municipalities or any village or group of villages which may be specified by
the State Government as urban area; and the expression "non-urban area"
shall be construed accordingly;

(z-5) "village" means any tract of land which, before the coming into force of
this Code, was recognised as or was declared as a village under the
provisions of any law for the time being in force and any other tract of land
which is hereafter recognised as a village at any revenue survey or which
the State Government may, by notification, declare to be a village.

(2) Any reference made in this Code to the date of coming into force of this Code
shall be construed as a reference to the date appointed by notification under
sub-section (3) of Section 1.

Chapter-II Board of Revenue

3. Constitution of Board of Revenue.

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- [(1) There shall be a Board of Revenue for Chhattisgarh having a President.

(2) In addition to the President, the State Government may appoint as many
members as it may deem fit.] [Substituted by C.G. Act No. 11 of 2003 (w.e.f.
23.11.2002).]

4. Principal seat and other places of sittings of Board of Revenue.

(1) The principal seat of the Board shall be at such place as the State
Government may, by notified order, appoint.

(2) Notwithstanding anything contained in sub-section (1), the President and

members of the Board may also sit at such other place or places as the
President of the Board may with the approval of the State Government,
appoint.

5. Conditions of service of members of Board.

(1) When my member is, by reason of absence or otherwise, unable to perform

the duties of his office, the State Government may, by notification, appoint
any person to be, for the time being, a member of the Board.

(2) Except as expressly provided by this Code, the terms and conditions of
service of the President and members of the Board shall be such as may be
prescribed and the terms and conditions laid down by the State Government
for the President and members of the existing Board shall continue in force
until modified or superseded under this section.

(3) A person shall not be qualified for appointment as a member of the Board
unless he-

(a) is eligible for appointment as a Judge of the High Court; or

(b) has been a Revenue Officer, and has held, for at least five years, an
office not lower in rank than that of a Collector.

6. Salaries and allowances.

- There shall be paid to the members of the Board such salaries and allowances as
the State Government may determine and those salaries and allowances shall be
charged on the consolidated fund of the State.

7. Jurisdiction of Board.

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(1) The Board shall exercise the powers and discharge the functions conferred
upon it by or under this Code and such functions of the State Government as
may be specified by notification by the State Government in that behalf and
such other functions as have been conferred or may be conferred by or
under any Central or State Act on the Chief Revenue Authority or the Chief
Controlling Revenue Authority.

(2) The State Government may, subject to such conditions as it may deem fit to
impose, by notification, confer upon, or entrust to the Board or any member
of the Board additional powers or functions assigned to the State
Government by or under any enactment for the time being in force.

8. Powers of Superintendence of Board.

- The Board shall, in respect of all matters subject to its appellate or revisional
jurisdiction, have superintendence over all authorities in so far as such authorities
deal with such matters and may call for returns.

9. Exercise of jurisdiction by single members and benches.

- The Board may make rules for the exercise of powers and functions of the Board
by benches constituted of one or more members thereof, and all decisions given by
such benches in exercise of such powers or functions shall be deemed to be the
decisions of the Board.

10. Cases pending at commencement of Code.

- [(1) All appeals, applications for revision, review and other proceedings under the
Code pending before the Board of Revenue of Chhattisgarh, relating to the State of
Chhattisgarh on 31st October, 2002 shall stand transferred to and be heard and
decided by the Board of Revenue of Chhattisgarh.

(2) [ (a) All cases of :-

(i) First appeal against the order of the Collector whether exercising the
powers of Collector or Settlement Officer during the currency of
settlement, pending before the Board;

(ii) Second appeal against the order of the Sub-Divisional Officer or the
Collector pending before the Board;

(iii) Second appeal against the order of the Sub-Divisional Officer pending

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before the Collector;

shall stand transferred to the Commissioner.

(b) All cases of revision, review and other proceedings which stood
transferred to the Board from the commissioner after 23rd November
2002 and pending before the Board the party may make an application
for transfer of such case to the Commissioner and if such an
application is made, the Board shall transfer the case to the
Commissioner.]]

Chapter III
Revenue Officers, their Classes and Powers

11. Revenue Officers.

- There shall be the following classes of the Revenue Officers, namely :-

[* * *] [Omitted 'Commissioners (including Additional Commissioners);' by C.G. Act

No. 11 of 2003 (w.e.f. 23-11-2002).]

Settlement Commissioner (including Additional Settlement Commissioners);

Collectors (including Additional Collectors);

Settlement Officers;

Sub-Divisional Officers;

Assistant Collectors;

Joint Collectors (including Deputy Collectors);

Deputy Settlement Officers;

Assistant Settlement Officers;

Tahsildars (including Additional Tahsildars);

Superintendents of Land Records;

Naib Tahsildars;

Assistant Superintendents of Lands Records.

12. Control over Revenue Officers.

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(1) All Revenue Officers shall be subordinate to the State Government.

(2) [ All Revenue Officers in a Division shall be subordinate to the

Commissioner.] [Inserted by C.G. Act No. 17 of 2008]

(3) Unless the State Government otherwise directs all Revenue Officers in a
district shall be subordinate to the Collector.

13. Power to alter, create or abolish divisions, districts, sub-divisions and

tahsils.

(1) The State Government may create divisions comprising of such districts as it
may deem fit and may abolish or after the limits of such divisions.

(2) The State Government may after the limits of any district or tahsil and may
create new, or abolish existing districts or tahsils, and may divide any district
into sub-divisions and may after the limits of or abolish, any subdivision :

Provided that the State Government before passing any orders under this
section on any proposal to after the limits of any division or district or tahsil
or to create new or abolish existing divisions, districts or tahsils, shall
publish in the prescribed form such proposals for inviting objections and
shall take into consideration any objections to such proposal.

(3) Subject to the orders of the State Government under sub-section (2), every
tahsil shall be deemed to be a sub-division of a district.

Rules

(1) Any proposal to after the limits of any division or district or tahsil or to
create a new or abolish an existing division or district or tahsil shall be
published in the following form :-

Notice

In pursuance of the provision contained in the proviso to sub-section (2) of

Section 13 of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959),
notice is hereby given that in exercise of the powers conferred by sub-
section (l)/sub-section (2) of the said section, the State Government propose
to after the limits of division/district/tahsil, to create a [Link]/district/
tahsil, to abolish the existing division/district/tahsil, and to define the limits
thereof as specified in the Schedule below.

The proposal will be taken into consideration on the expiry of sixty days

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from the date of publication of this notice in the "Chhattisgarh Gazette and
any objections or suggestions in respect thereof may be forwarded, in
writing to the Secretary to Government, Chhattisgarh, Revenue Department,
before the expiry of the said period :-

Schedule

Division/district/tahsil Nature of change Limits

N
E
S
W

Reasons for proposed change-

(2) The notice shall be published in the "Chhattisgarh Gazette and in such other
manner as the State Government may deem fit.

14. [ Power to appoint commissioners of division. [Inserted by Act No. 17 of

2008]

(1) the State Government shall appoint in each division a commissioner who
shall exercise therein the powers and discharge the duties conferred and
imposed on a Commissioner by or under this Code or under any other
enactment for the time being in force.

(2) The State Government may, subject to such conditions as it may deem fit to
impose, by notification, confer upon the Commissioner any of the powers or
functions assigned to the State Government by or under any enactment for
the time being in force.] [Substituted by C.G. Act No. 11 of 2003 (w.e.f.
23-11-2002).]

15. [ Power to appoint Additional Commissioner. [Inserted by Act No. 17 of

2008]

(1) The State Government may appoint an Additional Commissioner in a

division or in two or more division.

(2) An Additional Commissioner shall exercise such powers and discharge such
duties conferred and imposed on a Commissioner by or under this Code or

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by or under any other enactment for the time being in force in such cases or
class of cases as the State Government may, subject to any general or special
restrictions imposed by the State Government, by an order in writing direct.

(3) This Code and every other enactment for the time being in force and any
rule made under this Code or any such other enactment shall, except where
expressly directed otherwise, apply to the Additional Commissioner when
exercising any powers or discharging any duties under sub-section (2) as if
he were the Commissioner of the division.]

16. Power to appoint Collector.

- The State Government shall appoint in each district a Collector who shall exercise
therein the powers and discharge the duties conferred and imposed on a Collector
by or under this Code or any other enactment for the time being in force.

17. Power to appoint Additional Collectors.

(1) The State Government may appoint one or more Additional Collector in a
district.

(2) An Additional Collector shall exercise such powers and discharge such duties
conferred and imposed on a Collector by or under this Code or by or under
any other enactment for the time being in force, in such cases or class of
cases as the State Government may, by a general order, notify or as the
Collector of the district may, subject to any general or special restrictions
imposed by the State Government, by an order in writing direct.

(3) This Code and every other enactment for the time being in force and any
rule made under this Code or any such other enactment shall, except where
expressly directed otherwise, apply to the Additional Collector, when
exercising any powers or discharging any duties under sub-section (2), as if
he were the Collector of the district.

18. Appointment and powers of Assistant Collectors, Joint Collectors and

Deputy Collectors.

- The State Government may appoint for each district as many persons as it thinks
fit to be-

(i) Assistant Collectors of the first and second grades;

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(ii) Joint Collectors; and

(iii) Deputy Collectors,

who shall exercise such powers as the State Government may, by notification,
direct.

19. Appointment of Tahsildars, Additional Tahsildars and Naib Tahsildars.

(1) The State Government may appoint in each tahsil a Tahsildar and one or
more Naib-Tahsildars who shall exercise therein the powers and perform
the duties conferred or imposed on them by or under this Code or under any
other enactment for the time being in force.

(2) The State Government may appoint one or more Additional Tahsildars in a
tahsil. An Additional Tahsildar shall exercise such power and discharge 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 of the
district may by an order in writing direct.

20. Appointment of Superintendents of Land Records and Assistant

Superintendents of Land Records.

(1) The State Government may appoint to each district as many persons as it
thinks fit, to be Superintendents of Land Records and Assistant
Superintendents of Land Records.

(2) The Superintendents and Assistant Superintendents of Land Records shall

exercise the powers and perform the duties conferred and imposed on them
by or under this Code or any other enactment for the time being in force.

21. Other Officers.

(1) The State Government may appoint such other officers and invest them with
such power as may be necessary to give effect to the provisions of this Code.

(2) Such officers shall discharge such duties and be subordinate to such
authorities as the State Government may direct.

22. Sub-Divisional Officers.

(1) The Collector may place one or more Assistant Collectors or Joint Collector or
Deputy Collector in-charge of a sub-division of a district or in-charge of two

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or more sub-divisions of a district.

(2) Such Assistant Collector or Joint Collector or Deputy Collector shall be called
a Sub-Divisional Officer and shall exercise such powers of a Collector as the
State Government may, by notification, direct.

23. Subordination of Revenue Officers.

- Unless the Collector otherwise directs, every Revenue Officer in a sub-division

shall be subordinate to the Sub-Divisional Officer and a Naib-Tahsildar in a tahsil
shall be subordinate to the Tahsildar.

24. Conferral by State Government of powers of Revenue Officers on Officials

and other persons.

(1) The State Government may confer on any person the powers conferred by or
under this Code on any Revenue Officer.

(2) The State Government may confer on any Assistant Collector, Tahsildar or
Naib-Tahsildar the powers conferred by this Code on a Revenue Officer of a
higher grade.

25. Powers exercisable on transfer.

- If any Revenue Officer, who has been invested with any powers under this Code
in any tahsil or district, is transferred to an equal or higher office of the same
nature in any other tahsil or district, he shall, unless the State Government
otherwise directs, exercise the same powers under this Code in such other tahsil or
district.

26. Collector in case of temporary vacancy.

- If the Collector dies or is disabled from performing his duties, the officer who is
temporarily placed in charge of the current duties of the Collector shall be held to
be the Collector under this Code until the State Government appoints a successor to
the Collector so dying or disabled and such successor takes charge of his
appointment.

Chapter IV
Procedure of Revenue Officers and Revenue Courts

27. Place of holding enquiries.

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- Except for reasons to be recorded in writing, no Revenue Officer shall enquire

into, or hear, any case at any place outside the local limits of his jurisdiction :

Provided that a Sub-Divisional Officer may enquire into, or hear, any case at any
place within the district to which he is appointed.

28. Power to enter upon and survey land.

- All Revenue Officers, Revenue Inspectors, measurers and patwaris and when
under their observation and control, their servants and workmen when so
directed, may enter upon and survey land and demarcate boundaries and do other
acts connected with their duties under this Code or any other enactment for the
time being in force and in so doing shall cause no more damage than may be
required for the due performance of their duties :

Provided that no person shall enter into any building or upon any enclosed Court
or garden attached to a dwelling house, unless with the consent of the occupier
thereof, without giving such occupier at least twenty-four hours' notice, and in
making such entry due regard shall be paid to the social and religious sentiments
of the occupier.

29. Power to transfer cases.

(1) Whenever it appears to the Board that an order under this section is
expedient for the ends of justice, it may direct that any particular case be
transferred from one Revenue Officer to another Revenue Officer of am
equal or superior rank in the same district or any other district.

(2) [ The Commissioner, on an application made to him in his behalf may, of he

is of the 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 or superior rank in the same district or any other district
in the same division.] [Inserted by Act No. 17 of 2008]

30. Power to transfer cases to and from subordinates.

(1) A Collector, a Sub-Divisional Officer, or a [***] [Omitted 'Tahsildar' by C.G. Act

No. 32 of 2013, dated 16.8.2013.] may make over any case or class of cases
arising under the provisions of this Code or any other enactment for the time
being in force, for decision from his own file to any Revenue Officer
subordinate to him competent to decide such case or class of cases, or may
withdraw any case or class of cases from any such Revenue Officer and may

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deal with such case or class of cases himself or refer the same for disposal to
any other Revenue Officer subordinate to him competent to decide such case
or class of cases.

(2) A [Commissioner, a Collector, a] [Inserted by Act No. 17 of 2008] Sub-

Divisional Officer, or a Tahsildar may make over for inquiry and report any
case or class of cases arising under the provisions of this Code or any other
enactment for the time being in force from his own file to any Revenue
Officer subordinate to him.

31. Conferral of Status of Courts on Board and Revenue Officers.

- The Board or a Revenue Officer, while exercising power under this Code or any
other enactment for the time being in force to enquire into or to decide any
question arising for determination between the State Government and any person
or between parties to any proceedings, shall be a Revenue Court.

32. Inherent power of Revenue Courts.

- Nothing in this Code shall be deemed to limit or otherwise affect the inherent
power of the Revenue Court to make such orders as may be necessary for the ends
of justice or to prevent the abuse of the process of the Court.

33. Powers of Revenue Officers to require attendance of persons and

production of documents and to receive evidence.

(1) Subject to the provisions of Sections 132 and 133 of the Code of Civil
Procedure, 1908 (V of 1908) and to rules made under Section 41, every
Revenue Officer acting as a Revenue Court shall have power to take
evidence, to summon any person whose attendance he considers necessary
either to be examined as a party or to give evidence as a witness or to
produce any document for the purposes of any inquiry or case arising under
this Code or any other enactment for the time being in force.

(2) No person shall be ordered to attend in person, unless he resides-

(a) within the limits of the tahsil if the Revenue Officer acting as a
Revenue Officer is a Naib-Tahsildar and in the case of any other
Revenue Officer, within the local limits of his jurisdiction; or

(b) without such limits but at a place less than fifty, or where there is a
railway communication or other established public conveyance for

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five-sixths of the distance between the place where he resides and the
place where he is summoned to attend, less than two hundred miles
distant from such place.

(3) Any person present may be required by any such Revenue Officer to give
evidence or to produce any document then and there in his possession or
power.

(4) Every such Revenue Officer shall have power to issue a commission to
examine any person who is exempted from attending Court or who cannot
be ordered to attend in person or is unable to attend on account of sickness
or infirmity.

34. Compelling attendance of witness.

- If any person on whom a summons to attend as witness or to produce any

document has been served fails to comply with the summons, the officer by whom
the summons has been, issued under Section 33 may-

(a) issue a bailable warrant of arrest;

(b) order him to furnish security for appearance; or

(c) impose upon him a fine not exceeding rupees [one thousand] [Substituted
'fifty' by C.G. Act No. 32 of 2013, dated 16.8.2013.].

35. Hearing in absence of party.

(1) If on the date fixed for hearing a case or proceeding, a Revenue Officer finds
that a summons or notice was not served on any party due to the failure of
the opposite party to pay the requisite process fees for such service, the case
or proceeding may be dismissed in default of payment of such process fees.

(2) If any party to a case or proceeding before a Revenue Officer does not appear
on the date fixed for hearing after due service of a notice or summons on
him the case may be heard and determined in his absence or may be
dismissed in default, as the case may be.

(3) The party against whom any order is passed under sub-section (1) or (2) may
[apply along with affidavit] [Substituted 'apply' by C.G. Act No. 32 of 2013,
dated 16.8.2013.] 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

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cause from paying the requisite process fees for service of a summons or
notice on the opposite party or 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.

(4) Where an application filed under sub-section (3) is rejected, the party
aggrieved may file an appeal to the authority to whom an appeal lies from an
original order passed by such officer.

(5) Except as provided in sub-section (4) or except where a case or proceeding

before any Revenue Officer has been decided on merits, no appeal shall lie
from an order passed under this section.

36. Adjournment of hearing.

(1) A Revenue Officer may, from time to time, for reasons to be recorded and on
such terms as to costs, adjourn the hearing of a case or proceeding before
him [:] [Substituted '.' by C.G. Act No. 32 of 2013, dated 16.8.2013.]

[Provided that during the proceedings, maximum four adjournments may be

granted to each party and each adjournment shall be granted only with
costs.] [Inserted by C.G. Act No. 32 of 2013, dated 16.8.2013.]

(2) The date and place of an adjourned hearing of a case or proceeding shall be
intimated at the time of the adjournment to such of the parties and witnesses
as are present.

37. Power to award costs.

- A Revenue Officer may award costs incurred in any case or proceeding arising
under this Code or any other enactment for the time being in force in such manner
and to such extent, as he thinks fit :

Provided that the fees of a legal practitioner shall not be allowed as costs in any
such case or proceeding, unless such officer considers otherwise for reasons to be
recorded by him in writing.

38. Manner of executing order to deliver possession of immovable property.

- Where any person against whom an order to deliver possession of immovable

property has been passed under this Code such order shall be executed in the

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following manner, namely :-

(a) by serving a notice on the person or persons in possession requiring them

within such time as may appear reasonable after receipt of the said notice to
vacate the land; and

(b) if such notice is not obeyed, by removing or deputing a subordinate to

remove any person who may refuse to vacate the same; and

(c) if the officer removing any such person is resisted or obstructed by any
person, the Revenue Officer shall hold a summary inquiry into the facts of
the case, and if satisfied that the resistance or obstruction was without any
just cause, and that such resistance or obstruction still continues, may,
without prejudice to any proceedings to which such person may be liable
under any law for the time being in force for the punishment of such
resistance or obstruction, take or cause to be taken, such steps and use, or
cause to be used, such force as may, in the opinion of such officer, be
reasonably necessary for securing compliance with the order.

39. Persons by whom appearances and applications may be made before and
to Revenue Officers.

- Save as otherwise provided in any other enactment for the time being in force, all
appearances before, applications to and acts to be done before any Revenue Officer
under this Code or any other enactment for the time being in force may be made or
done by the parties themselves or by their recognised agents or by any legal
practitioner :

Provided that subject to the provisions of Sections 132 and 133 of the Code of Civil
Procedure, 1908 (V of 1908), any such appearance shall, if the Revenue Officer so
directs, be made by the party in person :

Provided further that appearance alone may be made by a recognised agent falling
under item (ii) of clause (r) of sub-section (1) of Section 2.

40. Effect of rules in Schedule I.

- The rules in Schedule I shall have effect as if enacted in the body of this Code until
annulled or altered in accordance with the provisions of this Chapter.

41. Power of Board to make rules.

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(1) The Board 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 allowed by other Revenue Courts and may by such rules
annul, after or add to all or any of the rules in Schedule I.

(2) In particular and without prejudice to the generality of the powers conferred
by sub-section (1), 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 livestock

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.

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(3) Such rules shall be subject to the condition of previous publication and
approval of the State Government, and after they are so made and approved
they shall be published in the Gazette, and 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.

42. Orders of Revenue Officer when reversible by reason of error or

irregularity.

- No order passed by a Revenue Officer shall be reversed or altered in appeal or

revision on account of any error, omission or irregularity in the summons, notice,
proclamation, warrant or order or other proceedings before or during enquiry or
other proceedings under this Code, unless such error, omission, or irregularity has
in fact occasioned a failure of justice.

Explanation. - In determining whether any error, omission or irregularity in any

proceedings under this Code has occasioned a failure of justice regard shall be had
to the fact whether the objection could and should have been raised at an earlier
stage in the proceedings.

43. Code of Civil Procedure to apply when no express provision made in this
Code.

- Unless otherwise expressly provided in this Code, the procedure laid down in the
Code of Civil Procedure, 1908 (V of 1908) shall, so far as may be, be followed in all
proceedings under this Code.

Chapter-V Appeal, Revision and Review

44. Appeal and appellate authorities.

(1) Save where it has been otherwise provided, an appeal shall lie from every
original 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, whether or not the officer passing the order is
invested with the powers of the Collector-to the Sub-Divisional Officer;

(b) if such order is passed by the Sub-Divisional Officer, whether or not

invested with the powers of the Collector-to the Collector;

(c) if such order is passed by any Revenue Officer subordinate to the

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Settlement Officer-to the Settlement Officer;

(d) 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 or sub-
section (2) of Section 21-to such Revenue Officer as the State
Government may direct;

(e) if such order is passed by a Collector whether exercising the powers of

Collector or Settlement Officer, during the currency of the term of
settlement-to the [Board of Revenue] [Substituted by Act No. 17 of
2008];

(f) if such order is passed by a Settlement Officer, whether exercising the

powers of Settlement Officer or the powers of a Collector in connection
with any settlement operation unless otherwise expressly provided-to
the Settlement Commissioner;

(g) if such order is passed by the [Commissioner or the] [Inserted by Act

No. 17 of 2008] Settlement 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-

(i) by the Sub-Divisional Officer or the Collector to the Commissioner;

(ii) by the Settlement Officer to the Settlement Commissioner;

(iii) by the Commissioner to the Board -

(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.]

45. Transfer of certain pending proceedings to Settlement Commissioner.

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- All proceedings arising from the Madhya Bharat region and pending before the
Director of Land Records in appeal, revision or review immediately before the
coming into force of this Code, shall stand transferred to the Settlement
Commissioner and every such proceeding shall be heard and decided by the
Settlement Commissioner as if it had been entertained by him under the provisions
of this Code.

46. No appeal against certain orders.

- No appeal shall lie under this Code from an order-

(a) admitting an appeal or application for review on the grounds specified in

Section 5 of the [the Limitation Act, 1963 (36 of 1963)] [Substituted 'Indian
Limitation Act, 1908 (IX of 1908)' by C.G. Act No. 32 of 2013, dated 16.8.2013.];
or

(b) rejecting an application for review; or

(c) granting or rejecting an application for stay; or

(d) of an interim nature; or

(e) relating to appointment under sub-section (2) of Section 104 or sub-section

(1) of Section 106.

47. Limitation of appeals.

- No appeal shall lie-

(a) to the Sub-Divisional Officer or Collector or Settlement Officer or Settlement

Commissioner, after the expiration of forty-five days from the date of the
order to which objection is made; or

(b) [ to the Commissioner after the expiration of sixty days from such date; or.]
[Inserted by Act No. 17 of 2008]

(c) to the Board, after the expiration of ninety days from such date :

Provided that an appeal to any Revenue Officer specified in clause (a) from an
order passed in the Madhya Bharat region before the coming into force of this Code
may be filed before the expiration of sixty days from the date of such order ;

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 is

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passed, limitation under this section shall be computed from the date of the
communication of such order.

48. Copy of order objected to accompany petition.

- Every petition for appeal, review or revision shall be accompanied by a certified

copy of the order to which objection is made unless the production of such copy is
dispensed with.

49. Power of appellate authority.

(1) The appellate authority may either admit the appeal or, after calling for the
record and giving the appellant an opportunity to be heard, may summarily
reject it :

Provided that the appellate authority shall not be bound to call for the record
where the appeal is time-barred or does not lie.

(2) If the appeal is admitted date shall be fixed for hearing and notice shall be
served on the respondent.

(3) [ After hearing the parties, the appellate authority may confirm, vary or
reverse the order appealed against; or may take such additional evidence as
it may consider necessary for passing its order:

Provided that the Appellate Authority shall not remand the case for disposal
by any Revenue Officer subordinate to it.] [Substituted by C.G. Act No. 11 of
2003 (w.e.f. 23-11-2002).]

50. Revision.

- The Board [or the Commissioner] [Inserted by Act No. 17 of 2008] or the Settlement
Commissioner or the Collector or the Settlement Officer may at any time on its/his
motion or on the application made by any party for the purpose of satisfying itself/
himself as to legality or propriety of any order passed by or as to the regularity of
the proceedings of any Revenue Officer subordinate to it/him call for, and examine
the record of any case pending before, or disposed of by such officer, and may pass
such order in reference thereto as it/he thinks fit :

Provided that-

(i) no application for revision shall be entertained-

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(a) against an order appealable under this Code;

(b) against an order of the Settlement Commissioner under Section 210;

(c) against an order passed in revision by the [Commissioner or] [Inserted by Act
No. 17 of 2008] the Settlement Commissioner in respect of cases under
Section 170-B, nor shall any such order be revised by the Board on its own
motion;

(ii) no such application shall be entertained unless presented within sixty days
to the [Commissioner or] [Inserted by Act No. 17 of 2008] the Settlement
Commissioner or the Collector or the Settlement Officer, as the case may be,
or within ninety days to the Board of Revenue from the date of the order and
in computing the period aforesaid, time requisite for obtaining a copy of the
said order shall be excluded;

(iii) 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.

(2) Notwithstanding anything contained in sub-section (1)-

(i) where proceedings in respect of any case have been commenced by

the Board under sub-section (1) no action shall be taken by the
[Commissioner or] [Inserted by Act No. 17 of 2008] the Settlement
Commissioner or the Collector or the Settlement Officer in respect
thereof;

(ii) where proceedings in respect of any case have been commenced by

the [Commissioner] [Inserted by Act No. 17 of 2008] the Settlement
Commissioner under sub-section (1), no action shall be taken by the
Collector or the Settlement Officer in respect thereof;

(iii) where proceedings in respect of any such case have been commenced
by the [Commissioner] [Inserted by Act No. 17 of 2008], Settlement
Commissioner, Collector or Settlement Officer under sub-section (1),
the Board may either refrain from taking any action under this section
in respect of such case until the final disposal of such proceedings by
[Commissioner] [Inserted by Act No. 17 of 2008] the Settlement
Commissioner or the Collector or the Settlement Officer, as the case
may be, or may withdraw such proceedings and pass such order as it
may deem fit;

(iv) where proceedings in respect of any such case have been commenced

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by the [the Commissioner or] [Inserted by Act No. 17 of 2008] the

Settlement Officer under sub-section (1), the Commissioner or the
Settlement Commissioner may either refrain from taking any action
under this section in respect of such case until the final disposal of
such proceedings by the Collector or the Settlement Officer, as the case
may be, or may withdraw such proceedings and pass such order as it
may deem fit.

Explanation. - For the purpose of this section all Revenue Officers shall be
deemed to be subordinate to the Board.

51. Review of orders.

(1) The Board and every Revenue Officer may, either on its/his own motion or
on the application of any party interested review any order passed by itself/
himself or by any of its/his predecessors in office and pass such order in
reference thereto as it/he thinks fit :

Provided that-

(i) if the [Commissioner] [Inserted by Act No. 17 of 2008], Settlement

Commissioner, Collector or Settlement 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 a Collector
or Settlement Officer proposes to review any order, whether passed by
himself or by any predecessor, he shall first obtain the sanction in
writing of the authority to whom he is immediately subordinate;

(i-a) 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;

(ii) 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;

(iii) 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 ninety days from the passing of the order.

(2) No order shall be reviewed except on the grounds provided for in the Code
of Civil Procedure, 1908 (V of 1908).

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(3) For the purposes of this section the Collector shall be deemed to be the
successor in office of any Revenue Officer who has left the district or who
has ceased to exercise powers as a Revenue Officer and to whom there is no
successor in the district.

(4) An order which has been dealt with in appeal or on revision shall not be
reviewed by any Revenue Officer subordinate to the appellate or revisional
authority.

52. Stay of execution of orders.

(1) A Revenue Officer who has passed any order or his successor in office may,
at any time before the expiry of the period prescribed for appeal or revision,
direct the execution of such order to be stayed for such time as may be
requisite for filing an appeal or revision and obtaining a stay order from the
appellate or revisional authority.

(2) The appellate or revisional authority may, at any time direct the execution of
the order appealed from or against which a revision is made to be stayed for
such time as it may think fit [:] [Substituted '.' by C.G. Act No. 32 of 2013, dated
16.8.2013.]

[Provided that execution of the order shall not be stayed for more than three
months at a time or until the date of next hearing, whichever is earlier.]
[Inserted by C.G. Act No. 32 of 2013, dated 16.8.2013.]

(3) The authority exercising the powers conferred by Section 50 or Section 51

may direct the execution of the order under revision or review to be stayed
for such time as it may think fit [:] [Substituted '.' by C.G. Act No. 32 of 2013,
dated 16.8.2013.]

[Provided that execution of the order shall not be stayed for more than three
months at a time or until the date of next hearing, whichever is earlier.]
[Inserted by C.G. Act No. 32 of 2013, dated 16.8.2013.]

(4) The Revenue Officer or the authority directing the execution of an order to
be stayed may impose such conditions or order such security to be furnished
as he or it thinks fit.

(5) No order directing the stay of execution of any order shall be passed except
in accordance with the provisions of this section.

53. Application of Limitation Act.

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- Subject to any express provision contained in this Code the provision of the [the
Limitation Act, 1963 (36 of 1963)] [Substituted 'Indian Limitation Act, 1908 (IX of
1908)' by C.G. Act No. 32 of 2013, dated 16.8.2013.], shall apply to all appeals and
applications for review under this Code.

54. [ Pending revisions. [Substituted by C.G. Act No. 32 of 2013, dated

16.8.2013.]

- Notwithstanding anything contained in this chapter, all revisions pending before

any Revenue Officer immediately before the coming into force of the Chhattisgarh
Land Revenue (Amendment) Act, 2013. shall be heard and decided by such
Revenue Officer as if this Act had not been enacted.] [Inserted by Act No. 17 of 2008]

54A.

xxx

55. Application of Chapter.

- For avoidance of doubt, it is hereby declared that save as otherwise expressly

provided in this Code, the provisions of this Chapter shall apply to-

(a) all orders passed by any Revenue Officer before the date of coming into force
of this Code and against which no appeal or revision proceedings are
pending before such date; and

(b) all proceedings before Revenue Officers, notwithstanding that they were
instituted or commenced or arose out of proceedings instituted or
commenced before the coming into force of this Code.

56. Construction of order.

- In this Chapter, unless the context otherwise requires, expression "order" means
the formal expression of the decision given by the Board or a Revenue Officer in
respect of any matter in exercise of its/his powers under this Code or any other
enactment for the time being in force, as the case may be.

Chapter-VI Land and Land Revenue

57. State ownership in all lands.

(1) All lands belong to the State Government and it is hereby declared that all

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such lands, including standing and flowing water, mines, quarries, minerals
and forests reserved or not, and all rights in the sub-soil of any land are the
property of the State Government :

Provided that nothing in this section shall, save as otherwise provided in this
Code, be deemed to affect any rights of any person subsisting at the coming
into force of this Code in any such property.

(2) Where a dispute arises between the State Government and any person in
respect of any right under sub-section (1) such dispute shall be decided by
the [Collector] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 32 of 2013,
dated 16.8.2013.].

[***] [Omitted '(3) Any person aggrieved by any order passed under sub-section
(2) may institute a civil suit to contest the validity of the order within a period
of one year from the date of such order.' by C.G. Act No. 32 of 2013, dated
16.8.2013.].

[(3-a)(a) Notwithstanding anything contained in the Code of Civil Procedure,

1908 (V of 1908) no Civil Court shall, in a suit instituted under sub-section (3)
on or after 24th October, 1983, by order of temporary injunction disturb the
person to whom possession is restored under Section 250 if such person
furnishes a reliable surety to recompensate the aggrieved party against any
loss in case the Civil Court grants a decree in favour of the aggrieved party :

Provided that no surety shall be required to be furnished by a member of a

tribe declared to be an aboriginal tribe under sub-section (6) of Section 165;

(b) Where a Civil Court by an order of temporary injunction disturbed the

person referred to in clause (a) on or after 24th October, 1983 but
before the publication of Revenue Department's Notification No. 1-70-
VII-N-2-83, dated 4th January, 1984 such order shall abate on such
publication and the Tahsildar shall restore possession to a person who
is disturbed by such order.]

[***] [Omitted '(4) Where a civil suit has been instituted under sub-section (3)
against any order such order shall not be subject to appeal or revision.' by C.G.
Act No. 32 of 2013, dated 16.8.2013.]

58. Liability of land to payment of land revenue.

(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

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wholly exempted from such liability by special grant of or contract with the
State Government or under the provisions of any law or rule for the time
being in force :

Provided that the abadi land, subject to the provisions of Section 245, and the
land which is situated in non-urban areas and used for agricultural purposes
and not exempted from such liability, is liable to payment of revenue to the
Gram Sabha.

(2) Such revenue is called "land revenue"; and that term includes all moneys
payable to the State Government for land, notwithstanding that such moneys
may be described as premium, rent lease money, quit-rent or in any other
manner, in any enactment, rule, contract or deed.

58A. Certain land to be exempted from payment of land revenue.

- Notwithstanding anything contained in this Code, no land revenue shall be

payable in respect of an uneconomic holding used exclusively for the purpose of
agriculture.

Explanation I. - For the purpose of this section,-

(a) 'uneconomic holding' shall mean a holding the extent of which is not more
than 5 acres;

(b) 'holding' shall mean the entire land held by a person in the State,
notwithstanding the fact that any portion thereof is separately assessed to
land revenue; and

(c) 'land revenue' shall not include moneys payable to the State Government for
land by way of premium, rent or lease moneys in respect of land leased out
for a period of less than five years or quit-rent.

Explanation II. - For the purpose of clause (b) of Explanation I "entire land held by
a person in the State" shall mean-

(a) the entire land held by a person in the State individually and shall include-

(i) where land is held by such person jointly with one or more persons, so
much portion of the land as falls to his share; and

(ii) land held by such person as Bhoodan holder under the Chhattisgarh
Bhoodan Yagna Act, 1968 (28 of 1968); and

(b) where land is held by a person jointly with one or more persons, the single

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holding so jointly held.

59. Variation of land revenue according to purpose for which land is used.

(1) The assessment of land revenue on any land shall be made with reference to
the use of land-

(a) for the purpose of agriculture or such farm house, which is situated on
holding of one acre or more;

(b) as sites for dwelling houses;

(c) for purposes other than those specified in item (a), (b), (d) or (e);

(d) for industrial or commercial purpose;

(e) for the purpose of mining under a mining lease within the meaning of
Mines and Minerals (Regulation and Development) Act, 1957 (No. 67 of
1959);

(f) [ Residential Colony/Project; [Inserted by C.G. Act No. 14 of 2011, dated

3.5.2011.]

(g) Public/Institutional Purpose;

(h) Medical Facilities Center.]

Provided that the assessment of land revenue on any land situated in the
areas which are constituted as reserved or protected forests under the
Indian Forest Act, 1927 (16 of 1927), with reference to use of land for any of
the purposes aforesaid shall not be proceeded with or any procedure
relating to the assessment to be followed under the relevant provisions of
the Code shall not be commenced except on a certificate permitting the use
of land issued by an officer of the Forest Department duly authorised by the
State Government in this behalf.

Explanation. - For the purpose of clause (a) "Farm House" means such
building or construction which is any improvement as defined in clause (j) of
sub-section (1) of Section 2, the plinth area of which shall not exceed one
hundred square metre and the built up area shall not exceed one hundred
fifty square metre.

(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,

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be liable to be altered and assessed in accordance with the purpose to which

it has been diverted.

[Provided that the small industries shall be exempted fifty percent from the
re-assessment of the land diverted not exceeding five acres.] [Inserted by C.G.
Act No. 6 of 2005 (w.e.f. 20.5.2005).]

[Provided further that the land developed by an authority or body corporate

established by State Government for the purpose of clause (f) of sub-section
(1) of Section 59 as specified in Schedule-IV of this Code, shall be exempted
from re-assessment for the diversion of land.] [Substituted by C.G. Act No. 13
of 2012, dated 16.4.2012.]

(2-A) The Alteration or Assessment Referred to in Sub-Section (2) Shall be

Carried out by the [Collector] [Substituted 'Sub-Divisional Officer' by C.G. Act
No. 32 of 2013, dated 16.8.2013.].

(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 in accordance with the
purpose to which is has been diverted.

(4) The assessment made under sub-sections (2) and (3) shall be in accordance
with the rules made by State Government in this behalf and such rules shall
be in accordance with the principles contained in Chapter VII or VIII, as the
case may be.

(5) Where land 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 [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No.
14 of 2011, dated 3.5.2011.] shall also have power to impose a premium on
the diversion in accordance with rules made under this Code :

Provided that no premium shall be imposed for the diversion of any land for
charitable purposes.

(6) Notwithstanding any usage or grant or anything contained in any law, the
right of all persons holding land, which immediately before the coming into
force of the Chhattisgarh Land Revenue Code, 1954 (II of 1955), was held in
malik makbuza right, to exemption from payment of premium on diversion
of such land is hereby abolished; but every such person shall, on diversion of
such land, be entitled in lieu of such right to a rebate equal to the land
revenue for one year payable for such land from the amount of premium

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determined under sub-section (5).

59A. Assessment when to take effect.

- The alteration or assessment made under the provision of Section 59 shall take
effect from the date on which the diversion was made.

59B. Reassessment on diversion of land prior to coming into force of the

Code.

- Where prior to the coming into force of this Code land in any area assessed for
any one purpose was subsequently diverted for use 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 be altered and
assessed-

(1) in accordance with the purpose to which it has been diverted with effect
from-

(a) the date on which such diversion was made if in the area concerned
there was in force any enactment repealed under Section 261 which
contained provision for alteration or reassessment on such diversion;

(b) the date of coming into force of this Code in any other case; and

(2) in case of (a) above in accordance with the provisions of such repealed Act,
and in the case of (b) above in accordance with the provisions of this Code.

60. Assessment by whom to be fixed.

- On 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.

Chapter VII
Revenue Survey and Settlement in Non-Urban Areas
A-Application of Chapter and Officers to conduct Revenue Survey and/or
Settlement

61. Application of this Chapter to lands in non-urban areas.

- The provisions of this Chapter shall apply in respect of lands in non-urban areas.

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62. Appointment of Settlement Commissioner.

- The State Government may appoint a Settlement Commissioner who shall, subject
to the control of the State Government, control the operation of the revenue survey
and/or settlement.

63. Appointment of Additional Settlement Commissioners and their powers

and duties.

(1) The State Government may appoint one or more Additional Settlement
Commissioners.

(2) An Additional Settlement Commissioner shall exercise such powers and

discharge such duties, conferred and imposed on a Settlement Commissioner
by this Code or by any other enactment for the time being in force or by any
rule made under this Code or any such other enactment, in such cases or
classes of cases, as the State Government or Settlement Commissioner may
direct and while exercising such powers and discharging such duties, the
Additional Settlement Commissioner shall be deemed to have been
appointed as a Settlement Commissioner for the purposes of this Code or any
other enactment or any rule made under this Code or such other enactment.

64. Appointment of Settlement, Deputy Settlement and Assistant Settlement

Officers.

(1) The State Government may appoint an officer hereinafter called the
Settlement Officer to be in charge of a revenue survey, and/or settlement and
as many Deputy Settlement Officers and Assistant Settlement Officers as it
thinks fit.

(2) All Settlement, Deputy Settlement and Assistant Settlement Officers shall be
subordinate to the Settlement Commissioner and all Deputy Settlement and
Assistant Settlement Officers in a local area shall be subordinate to the
Settlement Officers.

65. Powers of Settlement, Deputy Settlement and Assistant Settlement

Officers.

(1) The State Government may invest any Settlement Officer or Deputy
Settlement Officer or Assistant Settlement Officer with all or any of the
powers of a Collector under this Code, to be exercised by him in such cases
or classes of cases as the State Government may direct.

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(2) The State Government may invest any Deputy Settlement Officer or Assistant
Settlement Officer with all or any of the powers of a Settlement Officer under
this Code or any other enactment for the time being in force.

B-Revenue Survey

66. Definition of Revenue Survey.

- The operations carried out in accordance with the provisions of this part, that is
to say-

(1) all or any of the operations pertaining to the division of land into survey
numbers and grouping them into villages, recognition of existing survey
numbers, reconstitution thereof or forming new survey numbers and
operations incidental thereto;

(2) soil classification;

(3) preparation or, as the case may be, revision or correction of field map;

(4) preparation of record of rights, in order to bring the land records upto-date
in any local, over area;

are called a revenue survey.

67. Notification of proposed revenue survey.

(1) Whenever the State Government decides that a revenue survey should be
made of any local area, it shall publish a notification to that effect, and such
local area shall be held to be under such survey from the date of such
notification until the issue of a notification declaring the operation to be
closed.

(2) Such notification may extend to all lands generally in the local area or to
such lands only as the State Government may direct.

68. Formation of survey numbers and villages.

- Subject to rules made under this Code, the Settlement Officer, may-

(a) take measurements of the land to which the revenue survey extends and
construct such number of survey marks thereon as may be necessary;

(b) divide such lands into survey numbers and group the survey numbers into

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villages; and

(c) recognize existing survey numbers, reconstitute survey numbers or form

new survey numbers :

Provided that except as hereinafter provided, no survey numbers, comprising land

used for agricultural purposes shall henceforth be made of less extent than a
minimum to be prescribed for the various classes of land :

Provided further that the limit prescribed under the aforesaid proviso shall not
apply in the case of survey numbers, already existing immediately before the date
of the notification under sub-section (1) of Section 67.

69. Separate demarcation of land diverted or specially assigned.

- Notwithstanding the provisions of Section 68 when any portion of agricultural

land is diverted under the provisions of Section 172 to any non-agricultural
purpose, or when any portion of land is specially assigned under Section 237, or
when any assessment is altered on any portion of land under sub-section (2) of
Section 59, the' Settlement Officer may make such portion into a separate survey
number or sub-division of a survey number.

70. Power to re-number or sub-divide survey numbers.

(1) The Settlement Officer may either re-number or sub-divide survey numbers
into as many sub-divisions as may be required in view of the acquisition of
rights in land or for any other reason.

(2) The division of survey numbers into sub-divisions and the apportionment of
the assessment of the survey number amongst the sub-divisions shall be
carried out in accordance with rules made under this Code and such rules
may provide limits either of area or of land revenue or both, below which no
sub-division shall be recognised :

Provided that the total amount of assessment of any survey number shall not
be enhanced during the term of a settlement unless such assessment is liable
to alteration under the provisions of this Code.

(3) Where a holding consists of several khasra numbers the Settlement Officer
shall assess the land revenue payable for each khasra number and record
them as separate survey numbers.

(4) Whenever the survey numbers are re-numbered, the Settlement Officer shall

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correct the entries in all records prepared or maintained under Chapter IX.

71. Entry of survey numbers and sub-divisions in records.

- The area and assessment of survey numbers and sub-divisions of survey numbers
shall be entered in such records as may be prescribed.

72. Determination of abadi of village.

- The Settlement 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.

73. Power of Settlement Officer to divide or unite villages or exclude area

therefrom.

- The Settlement Officer may divide a village to constitute two or more villages or
may amalgamate two or more villages and constitute one village or may after 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.

74. Grouping of villages.

- The villages of each district or tahsil or part of a district or tahsil comprised in the
area under revenue survey shall be formed into groups, and in forming such group
regard shall be had to physical features, agricultural and economic conditions and
trade facilities and communications.

C-Settlement of rent

75. Definition of Settlement.

- The result of the operations carried out in accordance with this part in
continuation of revenue survey in order to determine or revise the land revenue
payable on lands in any local area are called "settlement" and the period during
which the revised land revenue shall be in force is called the term of Settlement.

76. Notification of proposed settlement.

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- On issue of a notification declaring the operations of revenue survey to be closed

under sub-section (1) of Section 67, the State Government, if it decides that
Settlement operations should be undertaken in the local area in which revenue
survey is closed, shall publish a notification to that effect and such area shall be
held to be under Settlement from the date of such notification until the
announcement of Settlement under Section 82 is respect of a land in the local area
is complete :

Provided that if the notification is issued after expiration of a period of five years
from the date of issue of notification declaring, the operations of revenue survey to
be closed under sub-section (1) of Section 67, record of rights shall be prepared
under Section 108 before the Settlement operations are undertaken in accordance
with the provisions contained in this part.

77. Fixation of assessment rates.

(1) On completing the necessary inquiries, as may be prescribed, the Settlement

Officer shall forward to the State Government his proposals for assessment
rates for different classes of land in such form and along with such other
particulars as may be prescribed.

(2) The State Government may approve the assessment rates with such
modifications as it may deem fit.

78. [ [Deleted by C.G. Act No. 32 of 2013, dated 16.8.2013.]

***] [Inserted by Notification F. No. 1-70-VII-N-II-83, dated 5-1-1984.].

78. Maximum and minimum limits for the rate of assessment.- The maximum and
minimum limits for the assessment rate shall respectively be one and quarter
times and three-fourth of the assessment rate in force for the time being :

Provided that in the event it is considered desirable to after the minimum or

maximum limits, aforesaid, a proposal to that effect shall be laid on the table of
the Legislative Assembly for its approval and the limits of assessment rate shall
thereafter be altered in accordance with the proposals as approved.

79. Fixation of fair assessment.

- The Settlement Officer shall fix the assessment on each holding in accordance

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with the assessment rates approved under Section 77 and the provisions of the
Section 81 and such assessment shall be the fair assessment of such holding.

80. All lands liable to assessment.

- The Settlement Officer shall have the power to make fair assessment on all lands
what-so-ever to which the Settlement extends, whether such lands are liable to the
payment of land revenue or not.

81. Principles of assessment.

(1) The fair assessment of all lands shall be calculated in accordance with the
principles and restrictions set forth in the section.

(2) No regard shall be had to any claim to hold land on privileged terms.

(3) Regard shall be had in the case of agricultural land to the profits of
agriculture, to the consideration paid for leases' to the sale prices of land and
to the principal moneys on mortgages, and in the case of non-agricultural
land, to the value of the land for the purpose for which it is held.

(4) [ The fair assessment on the land used for non-agricultural purposes shall be
fixed in accordance with the rules made under Section 59.] [Substituted by
C.G. Act No. 32 of 2013, dated 16.8.2013.]

(5) Where an improvement has been effected at any time in any holding held
for the purpose of agriculture by or at the expense of the holder thereof, the
fair assessment of such holding shall be fixed as if the improvement had not
been made.

[***] [Omitted '(6) Except for special reasons to be approved in each case by the
State Government, no increase in the fair assessment of a holding for the
purpose of agriculture shall exceed fifty per centum of the existing assessment.'
by C.G. Act No. 32 of 2013, dated 16.8.2013.]

82. Announcement of Settlement.

(1) When the assessment of any land has been fixed in accordance with Section
79, notice thereof shall be given in accordance with rules made under this
Code, and such notice shall be called the announcement of the settlement.

(2) The assessment of any land, as announced under this section, shall be the
land revenue payable annually on such land during the term of the

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settlement unless it is modified in accordance with the provisions of this

Code, or any other law.

83. Introduction of Settlement.

- The term of a settlement shall commence from the beginning of the revenue year
next following the date of announcement or from the expiry of the previous term
of settlement, whichever is later.

84. Remission of enhancement of bhumiswami who relinquishes.

- During the first year of the term of settlement any bhumiswami, who is
dissatisfied with the new assessment shall, on relinquishing his rights in his
holding in the manner prescribed by Section 173 may, one month before the
commencement of the agricultural year, receive a remission of any increase
imposed thereby :

Provided that the relinquishment of only part of a holding or of a holding, which,

or any part of which, is subject to an encumbrance or a charge shall not be
permitted.

85. Term of settlement.

(1) The term of settlement shall be fixed by the State Government and shall not
be less than thirty years :

Provided that if, at any time during the currency of the settlement, the State
Government finds that having regard to changes in general conditions
subsequent to the settlement, it is desirable that the assessment should be
reduced, it may reduce such assessment for such period as it may deem fit.

(2) Notwithstanding anything contained in sub-section (1) in any area where

there is ample scope for extension of cultivation or for agricultural
development or where the pitch of rents is unduly low or where there has
been a rapid development of resources owing to the construction of roads,
railways or canals since the last settlement, the State Government may, for
reasons to be recorded, fix a term which may be less than thirty years but
which shall in no case be less than twenty years.

(3) Notwithstanding that the term of settlement fixed under sub-section (1) or
sub-section (2) for any local area has expired, the term shall be deemed to
have been extended till the commencement of the term of the subsequent

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settlement in that area.

86. Power of Collector to complete unfinished proceedings.

- Where the settlement operations are closed all applications and proceedings then
pending before the Settlement Officer shall be transferred to the Collector who
shall have the powers of a Settlement Officer for their disposal.

D-General

87. Inquiry into profits of agriculture and value of land.

(1) With effect from the coming in force of this Code the State Government may
take steps to institute and may cause to be constantly maintained, in
accordance with rules made under this Code, an inquiry into the profits of
agriculture and into the value of land used for agricultural and non-
agricultural purposes.

(2) For the purpose of determining the profits of agriculture, the following
elements shall be taken into account in estimating the cost of cultivation,
namely :-

(a) the depreciation of stock and buildings;

(b) the money equivalent to the cultivator's and his family's labour and
supervision;

(c) all other expenses usually incurred in cultivation on the land which is
under inquiry; and

(d) interest on the cost of buildings and stock and on expenditure for seed
and manure, and on cost of agricultural operations paid for in cash.

(3) The Settlement Officer shall take in consideration the information collected
in the course of this inquiry, when framing his proposals for assessment
rates.

88. Power to transfer, duty of maintaining maps and records to Settlement

Officer.

- When a local area is under revenue survey, the duty of maintaining the maps and
records may, under the orders of the State Government, be transferred from
Collector to the Settlement Officer, who shall thereupon exercise all the powers

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conferred on the Collector in any of the provisions in Chapters IX and XVIII.

89. Power of Sub-Divisional Officer to correct errors.

- The Sub-Divisional Officer may, at any time after the closure of the revenue
surveys and during the term of settlement, correct any error in the area or
assessment of any survey number of holding due to mistake of survey or
arithmetical miscalculation :

Provided that no arrears of land revenue shall become payable by reason of such
correction.

90. Power of Collector during term of Settlement etc.

- After the closure of the revenue survey and during the term of a settlement, the
Collector, shall, when so directed by the State Government, exercise the powers of a
Settlement Officer under Sections 68, 69, 70, 72 and 73.

91. Power to grant power of Settlement Officer during term of Settlement.

- The State Government may, after the closure of the revenue survey and during
the term of settlement, invest any Revenue Officer with all or any of the power of
the Settlement Officer under this Chapter, within such area and subject to such
restrictions and for such period as it may think fit.

91A. Power to make rules.

- The State Government may make rules for regulating generally the conduct of a
revenue survey or settlement under this Chapter.

Chapter VIII
Assessment and Re-Assessment of Land in Urban Areas

92. Provisions of Chapter to apply to land in urban areas.

(1) The provisions of this Chapter shall apply to land held in urban area,
whether for agricultural or non-agricultural purposes.-

(1) by a bhumiswami;

(2) by a Government lessee under a lease granting a right of renewal; and

(3) by a holder of service land.

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(2) Whenever the land revenue or rent assessed on a plot number falls due for
revision the Collector shall assess the plot in accordance with the provisions
of this Chapter.

Explanation. - For the purposes of this section, the land revenue or rent
payable for a plot shall be deemed due for revision-

(i) if the plot is held on a lease when the lease becomes due for renewal;
and

(ii) in the case of a plot held by a bhumiswami on the expiry of the

original term of settlement.

93. Powers of Collector to divide lands into plot numbers.

- Subject to rules made under this Code, the Collector may-

(a) divide the lands in an urban area into plot numbers; and

(b) recognize existing survey numbers as plot numbers, reconstitute plot

numbers or form new plot numbers.

94. Powers of Collector to re-number or sub-divide plot numbers.

(1) The Collector may either re-number or sub-divide plot numbers into as many
sub-divisions as may be required in view of the acquisition of rights in land
or for any other reason.

(2) The division of plot numbers into sub-divisions and the apportionment of the
assessment of the plot number amongst the sub-divisions shall be carried out
in accordance with rules made under this Code and such rules may provide
limits either of area or of land revenue or rent, as the case may be, or both in
any local area, below which no sub-division shall be recognised :

Provided that the total amount of assessment of any plot number shall not be
enhanced during the term of settlement unless such assessment is liable to
alteration under the provisions of this Code.

95. Area and assessment of plot numbers and sub-divisions to be entered in

records.

- The area and assessment of plot number and sub-divisions of plot numbers shall
be entered in such records as may be prescribed.

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96. Area in town formed into blocks for assessment.

- For the purposes of assessment, the area in a town shall be formed into blocks
and in forming such blocks regard shall be had to use of land for industrial,
commercial, residential or such other special purposes as may be prescribed.

97. [ [Omitted by C.G. Act No. 32 of 2013, dated 16.8.2013.]

***]

97. Collector to fix standard rate of assessment and publication of standard rates.-

(1) The Collector shall with the approval of the State Government, fix in
accordance with the provisions of Section 98 the standard rate of assessment per
one hundred square feet of land in the case of non-agricultural land and per acre
of land in the case of agricultural land in each block in an urban area and such
standard rates shall be published in such manner as may be prescribed.

(2) The rates published under sub-section (1) shall remain in force for ten years
and shall thereafter be deemed to be in force until altered.

98. [ Fixation of standard rates of assessment. [Substituted by C.G. Act No. 32

of 2013, dated 16.8.2013.]

- The fair assessment of land used for agricultural purposes shall be calculated and
fixed in accordance with the principles and restrictions set forth in Section 81 and
land used for non-agricultural purposes shall be fixed in accordance with the rules
made under Section 59.]

98. Fixation of standard rates of assessment.- (1) The Collector shall keep a record
in accordance with the rules made under this Code of all registered sales and
leases of lands in the different blocks in urban areas in respect of land held for
each of the purposes mentioned in sub-section (1) of Section 59.

(2) The average annual letting value of lands in each block in respect of land held
for purposes mentioned in sub-section (1) of Section 59 shall be determined
separately in the prescribed manner on the basis of transactions of sales and
leases in respect of the land held for each of the aforesaid purposes in such block
during the period of five years immediately preceding the year in which the
letting value is being determined, so far as the information about such
transactions is available :

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Provided that if the transactions which have taken place in any block in respect of
any land held for any of the aforesaid purpose are not sufficiently representative
transactions in respect of the land held for the corresponding purpose during the
same period in adjacent block may be taken as basis for determining the letting
value.

(3) The standard rate of assessment for lands held for purposes mentioned in
clause (b) or (c) of sub-section (1) of Section 59 shall be equal to one-third of the
average annual letting value determined or the block in respect of such land
under sub-section (2) and for purposes mentioned in clause (b) of sub-section (1)
of Section 59 shall be one-half of the average annual letting value determined for
the block in respect of such land.

(4) The standard rates for lands held for agricultural purposes shall be fixed with
due regard to soil and position of land and to the profits of agriculture to the
consideration paid for leases and to the sale prices of such lands.

99. [ [Omitted by C.G. Act No. 32 of 2013, dated 16.8.2013.]

***]

99. Maximum and minimum limits for the rate of assessment.- The maximum and
minimum limits for the rate of assessment shall respectively be one and quarter
times and three-fourths of the standard rate in force for the time being.

100. [ Fixation of fair assessment at the time of revision. [Substituted by C.G.

Act No. 32 of 2013, dated 16.8.2013.]

- In case of lands, which are being assessed for a purpose with reference to which
they were assessed immediately before the revision, the assessment so arrived at
exceeds, in case of agricultural land one and half times the land revenue or rent
and in the case of other lands-six times the land revenue or rent payable
immediately before the revision the assessment shall be fixed at one and a half-
times such land revenue or rent in the case of agricultural land and at six times
such land revenue or rent in the case of other lands:

Provided that, where an improvement has been effected at any time in any holding
held for the purpose of agriculture by or at the expense of the holder thereof, the
assessment of such holding shall be fixed as if the improvement had not been

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made.]

101. Term of settlement.

- The assessment fixed under Section 10 shall remain in force for a period of thirty
years or for such longer period as may elapse before re-assessment after that
period and such period shall be deemed to be the term of settlement for all
purposes.

102. Assessment fixed shall be land revenue or rent.

- The assessment fixed under Section 100 shall be the land revenue or rent payable
annually on such plot number unless it is modified in accordance with the
provisions of this Code or any other law.

103. Land revenue or rent fixed under previous settlement or leases to

continue.

- The land revenue or rent fixed for any land in an urban area under a settlement
or a lease from Government with rights of renewal made before the coming into
force of this Code shall, notwithstanding the expiry of the term of such settlement
or lease, continue in force until the assessment on such land is fixed in accordance
with the provisions of this Chapter.

Chapter-IX Land Records

104. Formation of patwaris' circles and appointment of patwaris thereto.

(1) The Collector shall from time to time arrange the villages of the tahsil in
patwari circle and may, at any time, after the limits of any existing circle and
may create new circles or abolish existing ones.

(2) The Collector shall appoint one or more patwaris to each patwari circle for
the maintenance and correction of land records and for such other duties as
the State Government may prescribe.

(3) Notwithstanding any usage or anything contained in any treaty, grant, or

other instrument, no person shall have any right or claim to continue or to
be appointed as a patwari on the ground of right to succeed to such office by
inheritance.

105. Formation of Revenue Inspectors' circles.

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- The Collector shall arrange the patwari circles in the tahsil into Revenue
Inspectors' circles and may, at any time, after the limits of any existing circle and
may create new circles or abolish existing circles.

106. Appointment of Revenue Inspectors, etc.

(1) The Collector may appoint to each district as many persons as he thinks fit to
be revenue inspectors, town surveyors, assistant town surveyors and
measurers to supervise the preparation and maintenance of land records
and to perform such other duties as may be prescribed.

(2) The town surveyor and assistant town surveyor shall be deemed to be a
patwari for the purposes of Sections 28, 109, 110, 112, 118 and 120 in respect
of the areas under their charge.

107. Field map.

(1) There shall be prepared a map showing the boundaries of survey numbers
or plot numbers and waste lands called the field map for every village except
when otherwise directed by the State Government.

(2) There may be prepared for the abadi of each village a map showing the area
occupied by private holders and the area not so occupied and such other
particulars as may be prescribed.

(3) If the State Government considers that in the case of any village it is
necessary to show separately in the map prepared under sub-section (2) the
plots occupied by private holders, it may direct the Collector to get the map
so prepared or revised.

(4) If any Gram Panchayat passes a resolution that a map of the village abadi
should be prepared showing separately the plots occupied by private holders
and is willing to contribute to the cost of survey operations in such
proportion as may be prescribed, the State Government may undertake the
preparation of such map.

(5) Such map shall be prepared or revised, as the case may be, by the Settlement
Officer at revenue survey and by the Collector at all other times and in all
other circumstances.

108. Record of rights.

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(1) A record-of-rights shall in accordance with rules made in this behalf be

prepared and maintained for every village and such record shall include
following particulars :-

(a) the names of all bhumiswamis together with survey numbers or plot
numbers held by them and their area, irrigated or urtirrigated;

(b) the names of all occupancy tenants and Government lessees together
with survey numbers or plot numbers held by them and their area,
irrigated or unirrigated;

(c) the nature and extent of the respective interests of such persons and
the conditions or liabilities, if any, attaching thereto;

(d) the rent or land revenue, if any, payable by such persons; and

(e) such other particulars as may be prescribed.

(2) The record-of-rights mentioned in sub-section (1) shall be prepared during a

revenue survey or whenever the State Government may, by notification, so
direct.

109. Acquisition of rights to be reported.

(1) Any person lawfully acquiring any right or interest in land x x x shall report
orally or in writing his acquisition of such right to the patwari within six
months from the date of such acquisition, and the patwari shall at once give
a written acknowledgement for such report to the person making it in the
prescribed form :

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.

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 (IV of 1882).

Explanation II. - A person, in whose favour a mortgage is redeemed or paid

off or a lease in determined, acquires a right within the meaning of this
section.

Explanation III. - For the purpose of this chapter, the term "patwari" includes
any person appointed to perform the duties of a Patwari under this chapter.

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Explanation IV. - Intimation in writing required to be given to the patwari

under this section may be given either through a messenger or handed over
in person or may be sent by registered post.

(2) Any such person as is referred to in sub-section (1) may also report in
writing his acquisition of such rights to the Tahsildar within six months from
the date of such acquisition.

110. Mutation of acquisition of right in Field Book and other relevant land
records.

(1) The Patwari 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 intimation from Gram Panchayat or any other source.

(2) The Patwari shall intimate all the reports regarding acquisition of right
received by him under sub-section (1) to the Thhsildar within thirty days of
the receipt thereof by him.

(3) On receipt of the intimation from patwari under sub-section (2), the
Tahsildar shall have it published in the village in the prescribed manner and
shall also give written intimation thereof to all persons appearing to him to
be interested in the mutation and also to such other persons and authorities
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, make necessary entry in the Field Book and other relevant
lands records.

111. Jurisdiction of Civil Courts.

- The Civil Courts shall have jurisdiction to decide any dispute to which the State
Government is not a party relating to any right which is recorded in the record-of-
rights.

112. Intimation of transfers by Registering Officers.

- 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 field book
has been prepared, is registered under the Indian Registration Act, 1908 (XVI of
1908), the Registering Officer shall send intimation to the Tahsildar having

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jurisdiction over the area in which the land is situate in such form and at such
times as may be prescribed by rules under this Code.

113. Correction of clerical errors.

- The Sub-Divisional Officer 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.

114. Land records.

- In addition to the map and Bhoo Adhikar Pustikas, there shall be prepared for
each village a khasra or field book and such other land records as may be
prescribed.

114A. [Kisan Kitab.] [Substituted 'Bhoo Adhikar Avam Rin Pustika.' by C.G.
Act No. 11 of 2003 (w.e.f. 23.11.2002).]

(1) It shall be obligatory upon every bhumiswami, whose name is entered into
the khasra or field book prepared under Section 114, to maintain a [Kisan
Kitab] [Substituted 'Bhoo Adhikar Avam Rin Pustika' by C.G. Act No. 11 of 2003
(w.e.f. 23.11.2002).] in respect of his all holdings in a village which shall be
provided to him on payment of such fee as may be prescribed.

(2) The [Kisan Kitab] [Substituted 'Bhoo Adhikar Avam Rin Pustika' by C.G. Act
No. 11 of 2003 (w.e.f. 23.11.2002).] shall be in two parts, namely Part 1
consisting of rights over holding and encumbrances on the holding and Part
II consisting of rights over holding, recovery of land revenue in respect of
the holding and the encumbrances on the holding and shall contain-

(i) such of the entries of khasra or field book pertaining to a holding of a

bhumiswami as may be prescribed;

(ii) particulars in respect of recovery of land revenue, Government loan

and non-Government loan in respect of such holding;

(iii) such other particulars as may be prescribed.

(3) In case of any difference between the entries contained in the khasra or field
book and the [Kisan Kitab] [Substituted 'Bhoo Adhikar Avam Rin Pustika' by
C.G. Act No. 11 of 2003 (w.e.f. 23.11.2002).], the Tahsildar may, either on his
own motion or on an application made to him in that behalf and after

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making such enquiry as he may deem fit, decide the same and the decision of
the Tahsildar shall be final.

115. Correction of wrong entry in khasra and any other land records by
superior officers.

- If any Tahsildar finds that a wrong or incorrect entry has been made in the land
records prepared under Section 114 by an officer subordinate to him, he shall
direct necessary changes to be made therein in red ink after making such enquiry
from the person concerned as he may deem fit after due written notice.

116. Disputes regarding entry in khasra or in any other land records.

(1) If any person is aggrieved by an entry made in the land records prepared
under Section 114 in respect of matters other than those referred to in
Section 108, he shall apply to the Tahsildar for its correction within one year
of the date of such entry.

(2) The Tahsildar shall, after making such enquiry as he may deem fit, pass
necessary orders in the matter.

117. Presumption as to entries in land records.

- All entries made under this Chapter in the land records shall be presumed to be
correct until the contrary is proved.

118. Obligation to furnish information as to title.

(1) Any person, whose rights, interest 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 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 power.

(2) The Revenue Officer, Revenue Inspector or Patwari to whom any

information is furnished, or before whom any document is produced under
sub-section (1) shall at once give a written acknowledgement thereof to the
person furnishing or producing the same and shall endorse on any such

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document a note under his signature stating the fact of its production and
the date the receipt of.

119. Penalty for neglect to furnish information.

(1) Any person neglecting to make the report required by Section 109, or furnish
the information or produce the documents required by Section 118, within
the specified period shall be liable, at the discretion of the Tahsildar, to a
penalty not exceeding [one thousand rupees] [Substituted 'twenty-five rupees'
by C.G. Act No. 32 of 2013, dated 16.8.2013.], which shall be recoverable as an
arrear of land revenue.

[(1-A) As required under Section 112, if Registering Officer does not provide
the information prescribed under rules made under Section 110 within one
month then Tahsildar may impose fine not exceeding five thousand rupees,
which shall be recoverable as arrears of land revenue.] [Inserted by C.G. Act
No. 32 of 2013, dated 16.8.2013.]

(2) Any report regarding the acquisition of any right under Section 109 received
by the patwari after the specified period shall be dealt with in accordance
with the provisions of Section 110.

Proviso Omitted.

120. Requisition of assistance in preparation of maps and record of rights.

- Subject to rules made under this Code, any Revenue Officer, Revenue Inspector,
Measurer or Patwari may, for the purpose of preparing or revising any map or plan
required for or in connection with any record or register under this Chapter, call
upon any holder of land and any holder of plot in abadi to point out the boundaries
of his land or plot.

121. Power to make rules for land records.

- The State Government may make rules for regulating the preparation,
maintenance and revision of land records required for the purposes of this Code.

122. Exemption from provisions of this Chapter.

- The State Government may, by notification, direct that this Chapter or any
provisions thereof shall not apply to any specified local area or to any lands or any
class of villages or lands.

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123. Record-of-rights at commencement of Code.

(1) Until record of rights for the villages in the Madhya Bharat, Bhopal, Vindhya
Pradesh and Sironj regions is prepared in accordance with the provisions of
Section 108 the jamabandi or khatauni of every such village for the
agricultural year as the State Government may notify shall, so far as it
contains the particulars specified in Section 108, be deemed to be the record-
of-rights, for that village.

(2) The jamabandi or khatauni referred to in sub-section (1) shall be published

in the village in such manner as may be directed by the Collector.

(3) Objections may be filed to any entry in jamabandi or khatauni which shall
be disposed of by the Tahsildar in such manner as may be prescribed.

(4) The jamabandi of the villages in the Mahakoshal region for the agricultural
year 1954-55 shall continue to be deemed to be record-of-rights of such
village until a record-of-rights is prepared in accordance with the provisions
of Section 108.

Chapter X
Boundaries and Boundary Marks, Survey Marks

124. Construction of boundary marks of villages and survey numbers or plot

numbers.

(1) Boundaries of all villages shall be fixed and demarcated by permanent

boundary marks.

(2) The State Government may, in respect of any village by notification, order
that the boundaries of all survey numbers or plot numbers 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) Where the rules prescribed boundary marks of a specification different from
that prevailing in any village, the new specification shall not be enforced in
such village except upon application to a Tahsildar made by not less than
half of the number of holders of land in the village. When such application is
made, the Tahsildar shall have new boundary marks constructed throughout
the village and shall distribute the cost thereof proportionately among the

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holders of land in the village in accordance with rules made under this Code.
The share of each holder shall be recoverable as an arrear of land revenue.

(5) Every holder of land shall be responsible for the maintenance and repair of
the permanent boundary and survey marks erected thereon.

125. Disputes regarding boundaries between villages, survey numbers and

plot numbers.

- All disputes regarding boundaries of villages, survey numbers and plot numbers
where such boundaries have been fixed under the provisions of Section 124, shall
be decided by the Tahsildar after local inquiry at which all persons interested shall
have an opportunity of appearing and producing evidence.

126. Ejectment of persons wrongfully in possession.

(1) When a boundary has been fixed under the provisions of Section 124, the
Tahsildar may summarily eject any person who is wrongfully in possession
of any land which has been found not to appertain to his holding or to the
holding of any person through or under whom he claims.

(2) Where any person has been ejected from any land under the provisions of
sub-section (1), he may within the period of one year from the date of the
ejectment, institute a civil suit to establish his title thereto :

Provided that the Tahsildar, or any Revenue Officer as such, shall not be
made a party to such suit.

(3) The Tahsildar may at any time make an order for re-distribution of land
revenue which, in his opinion, should be made as a result of the decree in a
civil suit instituted under sub-section (2) and such re-distribution shall take
effect from the beginning of the revenue year following the date of the order.

127. Demarcation and maintenance of boundary lines.

(1) Every holder of the land adjoining a village road, village waste or land
reserved for communal purposes, shall at his own cost and in the manner
prescribed-

(a) demarcate the boundary between his land and village road, village
waste or land reserved for communal purposes adjoining it by
boundary marks; and

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(b) repair and renew such boundary marks for time-to-time.

(2) If the holder fails to demarcate the boundary or to 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 to be demarcated or the boundary
marks to be repaired or renewed and may recover the cost incurred as an
arrear of land revenue.

(3) In the event of any dispute regarding the demarcation of the boundary or
the maintenance of the boundary marks in proper state of repair, the matter
shall be decided by the Collector whose decision shall be final.

Explanation. - Village road for the purpose of this section means a road
which, bears an indicative survey number or plot number.

128. Enforcement of repair of boundary or survey marks.

(1) After the end of November in each year the patel of the village shall give
written notice to every holder on whose land the boundary or survey marks
are defective calling upon him to put them into proper repair before the first
day of March following.

(2) After the first day of March in any year, the Tahsildar or any other Revenue
Officer empowered to act may cause any defective boundary or survey
marks to be properly repaired and shall recover the cost of such repair from
the holder or holders responsible for the maintenance of such boundary or
survey marks, together with a penalty which may extend to [one hundred
rupees] [Substituted 'one rupee' by C.G. Act No. 32 of 2013, dated 16.8.2013.]
for every boundary marks so repaired. Such cost and penalty shall be
recoverable as an arrear of land revenue.

129. Demarcation of boundaries of survey number or sub.

- division or plot number.-(1) The Tahsildar or any other Revenue Officer

empowered to act may, on the application of a party interested, demarcate the
boundaries of a survey number or of a sub-division or of a plot number and
construct boundary marks thereon.

(2) The State Government may make rules for regulating the procedure to be
followed by the Tahsildar or any other Revenue Officer empowered to act in
demarcating the boundaries of survey number or of a sub-division or of a
plot number prescribing the nature of the boundary marks to be used, and

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authorising the levy of fees from the holders of land in a demarcated survey
number or sub-division or plot number.

130. Penalty for destruction, injury or removal of boundary or survey

marks.

- If any person wilfully destroys or injures, or without lawful authority removes, a

boundary or survey mark lawfully constructed, he may be ordered by the
Tahsildar or any other Revenue Officer empowered to act to pay such fine, not
exceeding [five thousand] [Substituted 'fifty' by C.G. Act No. 32 of 2013, dated
16.8.2013.] rupees for each mark so destroyed, injured or removed, as may, in the
opinion of the Tahsildar or any other Revenue Officer empowered to act be
necessary to defray the expense of restoring the same and of rewarding the
informant, if any.

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 waste 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, 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) No order passed under this section shall debar any person from establishing
such rights of easement as he may claim by a civil suit.

132. Penalty for obstruction of way, etc.

- Any person who encroaches upon, or causes any obstruction to the use of a
recognised road, path or common land of a village including those roads and paths
recorded in the village Wajib-ul-arz or who disobeys the decision of a Tahsildar
passed under Section 131, shall be liable, under the written order of a Tahsildar
stating the facts and circumstances of the case, to a penalty which may extend to
[ten thousand] [Substituted 'one thousand' by C.G. Act No. 32 of 2013, dated
16.8.2013.] rupees.

133. [ Removal of obstruction. [Substituted by C.G. Act No. 32 of 2013, dated

16.8.2013.]

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- If a Tahsildar finds that any obstacle impedes the free use of a recognized road,
path or common land of a village or impedes the road or source of water which has
been the subject of a decision under Section 131, he may order the person
responsible for such obstacle to remove it and if such person fails to comply with
the order, he may cause the 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 Tahsildar stating the facts and circumstances of the case, to a
penalty which may extend to ten thousand rupees.]

134. Execution of bond for abstaining from repetition of certain acts.

- Any person who encroaches upon or causes any obstruction under Section 131,
132 or 133 may be required by the Tahsildar to execute a personal bond for such
sum not exceeding five hundred rupees, as he may deem fit, for abstaining from
repetition of such act. '

135. Acquisition of land for road, paths, etc.

(1) If, on the application of the villagers or otherwise, the Collector is, after
enquiry satisfied that it is expedient to acquire any land for the purpose of
providing a road not exceeding ten feet in width cart track or path for the
use of the village community in such village he may call upon the residents
of the village to deposit the amount of compensation, payable in respect of
such land under sub-section (3) within a specified period. On such deposit
being made the Collector may, by order published in the prescribed manner,
acquire such land and upon the making of such order, such land shall vest
absolutely in the State Government.

(2) Any person claiming any interest in any such land may within period of one
year from the date of vesting under sub-section (1) make an application to
the Collector for compensation in respect of his interest.

(3) The compensation payable in respect of such land shall be fifteen times the
land revenue assessed or assessable thereon.

136. Power to exempt from operation of this Chapter.

- The State Government may, by notification, declare that any of or all of the
provisions of this Chapter shall not apply in any village or class of villages.

Chapter-XI Realisation of Land Revenue

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137. Land revenue first charge on land.

- The land revenue assessed on any land shall be first charge on that land and on
the rents and profits thereof.

138. Responsibility for payment of land revenue.

(1) The following person shall be primarily liable for the payment of the land
revenue assessed on a holding-

(a) in a bhumiswami's holding the bhumiswami;

(b) in a holding consisting of land leased by the State Government the

lessee thereof.

(2) When there are more than one bhumiswami or lessee in a holding, all such
bhumiswamis or lessees, as the case may be, shall be jointly and severally
liable to the payment of the land revenue on such holding

139. Land revenue recoverable from any person, in possession.

- In case of default by any person who is primarily liable under Section 138, the
land revenue, including arrears, shall be recoverable from any person in
possession of the land :

Provided that such person shall be entitled to credit for the amount recovered from
him in account with the person who is primarily liable.

140. Dates on which land revenue falls due and is payable.

(1) The land revenue payable on account of a revenue year shall fall due on the
first day of that year.

(2) The State Government may make rules providing for the payment of land
revenue in instalments and on dates (hereinafter referred to as prescribed
dates) subsequent to the first day of the revenue year, and such rules may
prescribe the persons to whom and the places where at such instalments
shall be paid.

(3) The payment of land revenue to the person prescribed under subsection (2)
may be made in cash or may, at the cost of the remitter, be remitted by
money order.

(4) Any period elapsing between the first day of the revenue year and any date

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fixed for the payment of land revenue by such rules shall be deemed to be a
period of grace, and shall not affect the provisions of sub-section (1).

141. Definitions of "arrear" and "defaulter".

- Any land revenue due and not paid on or before the prescribed date becomes
therefrom an arrear, and the persons responsible for it, whether under the
provisions of Section 138 or Section 139 become defaulters.

142. Patel, Patwari, Gram Sabha or Gram Panchayat bound to give receipt.

(1) Where a Patel, Patwari, Gram Sabha or Gram Panchayat receives a payment
from any person on account of land revenue or on account of any sum of
money recoverable as an arrear of land revenue he/it shall grant a receipt
for such sum in the prescribed form.

(2) If any Patel, Patwari, Gram Sabha or Gram Panchayat fails to give a receipt
as required by sub-section (1) such patel, patwari or in the case of Gram
Sabha or Gram Panchayat the persons responsible for passing such receipt
on behalf of such Gram Sabha or Gram Panchayat as the case may be, shall,
on application of the payer, be liable by an order of the Thhsildar to pay a
penalty not exceeding double the amount paid.

143. Penalty for default of payment of land revenue.

- If any instalment of land revenue or any part thereof is not paid within one
month after the prescribed date the Sub-Divisional Officer may in the case of a
wilful defaulter, impose penalty not exceeding [***] [Omitted 'ten per cent' by C.G.
Act No. 32 of 2013, dated 16.8.2013.] of the amount not so paid :

Provided that no such penalty' shall be imposed for the non-payment of any
instalment, the payment of which has been suspended by the order of Government,
in respect of the period during which the payment remained suspended.

144. Remission or suspension of land revenue on failure of crops.

(1) The State Government may 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, and such remission or suspension shall be determined
in accordance with rules made under this Code.

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(2) No appeal or revision shall lie against any order passed by a Revenue Officer
under such rules and no suit shall lie in a Civil Court to contest any such
order.

145. Certified account to be evidence as to arrear and defaulter.

(1) A statement of account, certified by the Collector or by the Tahsildar shall,

for the purpose of this Chapter, be presumed to be correct statement of the
arrears payable to Government or its amount, and of the person who is the
defaulter, until the contrary is proved.

(2) No notice to defaulter shall be necessary before drawing up the statement

referred to in sub-section (1).

146. Notice of demand.

- A Tahsildar or Naib-Tahsildar may 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.

147. Process for recovery of arrear.

- An arrear of land revenue payable to Government or Gram Sabha may be

recovered by a Tahsildar by any one or more of the following processes :-

(a) by attachment and sale of movable property;

(b) by attachment and sale of the holding on which arrear is due and where
such holding consist of more than one survey number or plot number by
sale of one or more of such survey numbers, or plot numbers as may be
considered necessary to recover the arrears :

Provided that no holding shall be sold for the recovery of any dues of a co-
operative society without first exhausting the procedure prescribed in Section 154-
A.

(bb) by attachment of holding on which arrear is due and letting the same under
Section 154-A;

(bbb) by attachment of any other holding belonging to the defaulter which is used
for the purposes of agriculture and letting the same under Section 154-A;

(c) by attachment and sale of any other immovable property belonging to the

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defaulter :

Provided that the process specified in clauses (a) and (c) shall not permit the
attachment and sale of the following, namely :-

(i) the necessary wearing apparel, cooking vessels, beds and bedding of the
defaulter, his wife and children, and such personal ornaments, as, in
accordance with the religious usage, cannot be parted with by any woman;

(ii) tools of artisans and, if the defaulter is an agriculturist, his implements of

husbandry, except an implement driven by mechanical power and such
cattle and seed as may, in the opinion of the Tahsildar, be necessary to
enable him to earn his livelihood as such;

(iii) articles set aside exclusively for the use of religious endowments;

(iv) house and other buildings (with the materials and the sites thereof and the
land immediately appurtenant thereto and necessary for the enjoyment)
belonging to an agriculturist and occupied by him :

Provided further that the process specified in clause (b) shall not permit
attachment and sale of holding where the defaulter holds,-

(i) six hectares or less than six hectares of land in the Scheduled Area; or

(ii) four hectares or less than four hectares of land in other areas.

Explanation. - For the purpose of this proviso, "Scheduled Area" means any area
declared to be Scheduled Area within the State of Chhattisgarh under paragraph 6
of the Fifth Schedule to the Constitution of India.

148. Costs recoverable as part of arrear.

- The cost of serving a notice of demand under Section 146 or of issuing and
enforcing any process in Section 147 shall be recoverable as part of the arrear in
respect of which the notice was served or the process was issued.

149. Enforcement of processes in other districts.

- The processes specified in clauses (a) and (c) of Section 147 may be enforced
either in the district in which the default has been made or in any other district.

150. Payment under protest and suit for recovery.

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(1) 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 may, at the
same time, deliver a protest signed by himself or by his authorised agent to
the Revenue Officer taking such proceedings, and thereupon they shall be
stayed.

(2) Any person complying with the provisions of sub-section (1) may,
notwithstanding anything contained in Section 145, apply to the Sub-
Divisional Officer that nothing was due or that the amount due was less than
the amount for the recovery of which proceedings were taken and the Sub-
Divisional Officer shall decide the objection so raised.

(3) No appeal shall lie against the order of the Sub-Divisional Officer passed
under sub-section (2), but the person concerned may institute a civil suit for
the recovery of the sum or part thereof paid under protest.

151. Application of proceeds of sale.

(1) The proceeds of every sale under this Chapter shall be applied, firstly, in
satisfaction of the arrears on account of which the sale was held and of the
expenses of such sale, secondly, to the payment of any arrears of cesses due
by the defaulter under any law for the time being in force in the region
concerned, thirdly, to the payment of any other arrears payable to the State
Government by the defaulter, and fourthly to the payment of any arrears
due by the defaulter to a Co-operative Society, and the surplus, if any, shall
then be payable to him, or where there are more defaulters than one, to such
defaulters according to their respective shares in the property sold :

Provided that the surplus shall not be paid to the defaulter or defaulters until
after the expiry of two months from the date of the sale in the case of
movable property from the date of the confirmation of sale in the case of
immovable property.

(2) Notwithstanding anything in sub-section (1), the proceeds of sale under

clause (c) of Section 147 shall be applied first to the payment of arrears of
land revenue payable by the defaulter for the immovable property sold up to
the date of the sale, and the surplus, if any, shall be applied in accordance
with sub-section (1).

152. Land sold for arrears to be free from encumbrances.

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(1) Unless the Sub-Divisional Officer in ordering the sale otherwise directs,
purchaser of the land sold for arrears of land revenue due in respect thereof,
shall acquire it free of all encumbrances imposed on it, and all grants and
contracts made in respect of it, by any person other than the purchaser.

(2) Any transfer, grant or contract in respect of trees or the produce of trees
which are or at any time have been the property of the bhumiswami of the
land in which they stand, shall be deemed to be a grant or contract made in
respect of such land within the meaning of sub-section (1).

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 the property is sold and not from the time when the
sale becomes absolute.

154. Purchaser not liable for land revenue due prior to sale.

- Notwithstanding anything in Section 138, or Section 139, the person named in the
certificate of purchase shall not be liable for land revenue payable in respect of the
land for any period previous to the date of the sale.

154A. Powers of the Tahsildar to let out the holding in respect of which
arrear is due or any other holding of the defaulter.

(1) Where the arrear of land revenue is due in respect of a holding or where any
money is recoverable in the same manner as an arrear of land revenue
under Section 155, the Tahsildar may, notwithstanding anything contained in
this Code, after attachment of holding under clause (b) for the recovery of
dues of a Cooperative Society, or clause (bb) or clause (bbb) of Section 147 as
the case may be, let out the holding on which arrear is due or any other
holding belonging to the defaulter which is used for the purpose of
agriculture to any person other than the defaulter for a period not exceeding
ten years commencing from the first day of agricultural year next following
upon such terms and conditions as the Collector may fix :

Provided that the holding attached for the recovery of the dues of a Co-
operative Society shall be let out for a period not exceeding ten years :

Provided further that any land of a holding of a bhumiswami belonging to a

member of a tribe which has been declared to be an aboriginal tribe under

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sub-section (6) of Section 165, shall not be let out to any person other than a
member of such tribe.

(2) Nothing in this section shall affect the liability of any person who may be
liable under this Code for the payment of the arrears of land revenue or of
any money recoverable in the same manner as an arrear of land revenue
under Section 155.

(3) Upon the expiry of the period of lease the holding shall be restored to the
person concerned free of any claim on the part of the State Government for
the arrears in respect of such holding or free of any claim on the part of the
State Government or any other authority whatsoever for the moneys
recoverable in the same manner as an arrear of land revenue under Section
155 for the satisfaction whereof the same was let out under sub-section (1) :

Provided that nothing in this sub-section shall apply to the holding attached
and let out for the recovery of the dues of a Co-operative Society where the
dues for the satisfaction were of the same was let out under sub-section (1)
are not fully satisfied on the expiry of the period of lease.

155. Moneys recoverable as an arrear of land revenue.

- The following moneys may be recovered, as far as may be, under the provisions of
this Chapter in the same manner as an arrear of land revenue :-

(a) except such charges as are included in the land revenue under sub-section
(2) of Section 58, all rents, royalties, water rates, cesses, fees, charges, premia,
penalties, fines and cost payable or leviable under this Code or any other
enactment for the time being in force;

(b) all moneys falling due to the State Government under any grant, lease or
contract which provides that they shall be recoverable in the same manner
as an arrear of land revenue;

(bb) all moneys guaranteed by the State Government to the extent of

amount guaranteed under a contract of guarantee which provides that
they shall be recoverable in the same manner as an arrear of land
revenue;

(c) all sums declared by this Code, or any other enactment for the time being in
force to be recoverable in the same manner as an arrear of land revenue;
and

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(d) any sum ordered by a liquidator appointed under any law relating to Co-
operative Societies in force for the time being in any region of the State to be
recovered as a contribution to the assets of a society or as the cost of
liquidation :

Provided that no action shall be taken on application for recovery of a sum

specified in clause (d), unless such application is accompanied by a certificate
signed by the Registrar appointed under such law that the sum should be
recovered as an arrear of land revenue;

(e) all moneys becoming payable to the Chhattisgarh State Agro Industries
Development Corporation Limited-

(i) on account of penalty, cost of agricultural implements or other

materials sold by the Corporation to agriculturists for the purpose of
agriculture or improvement of land or otherwise, under any
agreement of sale of such implements or materials by the said
Corporation;

(ii) in repayment of any loan advanced by the said Corporation or of any

amount due to the said Corporation under any lease, contract, or
agreement with or any other dealing of the said Corporation :

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 Managing Director of the said Corporation that the sum should be
recovered as an arrear of land revenue;

(f) all moneys becoming payable to the Chhattisgarh Laghu Udyog Nigam
Limited and the Chhattisgarh Audyogik Vikas Nigam Limited-

(i) on account of service charge, penalty, interest, cost of machinery or

other materials sold by the said Nigams to entrepreneurs for the
purpose of establishing, expanding or running an industry or for any
other purpose ancillary to an industry under any agreement of sale on
hire purchase or otherwise of such machinery or materials by the said
Nigams;

(ii) on account of rent or cost of building hired out or sold, as the case may
be, by the said Nigams under any lease, contract or agreement;

(iii) in repayment of any loan advanced by the said Nigams, or of any

amount due to the said Nigams under any lease, contract or agreement
with or any other dealing of the said Nigams :

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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 Managing Director of the said Nigam that the said sum should be
recovered as an arrear of land revenue;

(g) all moneys becoming payable to the Chhattisgarh Lift Irrigation Corporation
Limited on account of-

(i) construction charges of the tube-wells;

(ii) water rates for the water supplied for the purpose of irrigation from
any Lift Irrigation Schemes;

(iii) any sum due to the said Corporation under any lease, agreement or
contract executed with the said Corporation : 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 Managing Director of the said corporation that the said sum
should be recovered as an arrear of land revenue.

156. Recovery of moneys from surety.

- Every person who may have become a surety under any of the provisions of this
Code or under any other enactment or any grant, lease or contract where under the
sum secured is recoverable from the principal as an arrear of land revenue shall,
on failure to pay the amount or any portion thereof which he may have become
liable to pay under the terms of his security bond, be liable to be proceeded against
under the provisions of this Code in the same manner as for an arrear of land
revenue.

Chapter-XII Tenure-Holders

157. Class of tenure.

- There shall be only one class of tenure-holders of land held from the State to be
known as bhumiswami.

158. Bhumiswami.

(1) Every person who at the time of coming into force of this Code, belongs to
any of the following classes shall be called a bhumiswami and shall have all
the rights and be subject to all the liabilities conferred or imposed upon a

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bhumiswami by or under this Code, namely

(a) every person in respect of land held by him in the Mahakoshal region
in bhumiswami or bhumidhari rights in accordance with the
provisions of the Chhattisgarh Land Revenue Code, 1954 (II of 1955);

(b) every person in respect of land held by him in the Madhya Bharat
region as a Pakka tenant or as a Muafidar, Inamdar or Concessional
holder, as defined in the Madhya Bharat Land Revenue and Tenancy
Act, Samvat, 2007 (66 of 1950);

(c) every person in respect of land held by him in the Bhopal region as an
occupant as defined in the Bhopal State Land Revenue Act, 1932 (IV of
1932);

(d) (i) every person in respect of land held by him in the Vindhya
Pradesh region as a pachapan paintalis tenant, pattedar tenant,
a grove holder or as a holder of tank as defined in the Vindhya
Pradesh Land Revenue and Tenancy Act, 1953 (III of 1955);

(ii) every person in respect of land (other than land which is a

grover or tank or which has been acquired or which is required
for Government or public purposes) held by him in the Vindhya
Pradesh region as a gair haqdar tenant and in respect of which
he is entitled to a patta in accordance with the provisions of sub-
section (4) of Section 57 of the Rewa State Land Revenue and
Tenancy Code, 1935;

(iii) every person in respect of land held by him as a tenant in the

Vindhya Pradesh region and in respect of which he is entitled to
a patta in accordance with the provisions of sub-sections (2) and
(3) of Section 151 of the Vindhya Pradesh Land Revenue and
Tenancy Act, 1953 (III of 1955), but has omitted to obtain such
patta before the coming into force of this Code,

(e) every person in respect of land held by him in Sironj region as a

khatedar tenant or as a grove holder as defined in the Rajasthan
Tenancy Act, 1955 (3 of 1955).

(2) A Ruler of an Indian State forming part of the State of Chhattisgarh who, at
the time of coming into force of this Code, was holding land or was entitled
to hold land as such Ruler by virtue of the covenant or agreement entered
into by him before the commencement of the Constitution, shall, as from the

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date of coming into force of this Code, be a bhumiswami of such land under
the Code and shall be subject to all the rights and liabilities conferred and
imposed upon a bhumiswami by or under this Code.

(3) Every person-

(i) who is holding land in bhumiswami right by virtue of a lease granted

to him by the State Government or the Collector or the Allotment
Officer on or before the commencement of the Chhattisgarh Land
Revenue Code (Amendment) Act, 1992 from the date of such
commencement, and (ii) to whom land is allotted in bhumiswami right
by the State Government or the Collector or the Allotment Officer after
the commencement of the Chhattisgarh Land Revenue Code
(Amendment) Act, 1992 from the date of such allotment, shall be
deemed to be a bhumiswami in respect of such land and shall be
subject to all the rights and liabilities conferred and imposed upon a
bhumiswami by or under this Code :

Provided that no such person shall transfer such land within a period of ten
years from the date of lease or allotment.

Explanation. - In this section, the expression "Ruler" and "Indian State" shall
have the same meanings as are assigned to these expressions in clauses (22)
and (15) respectively by Article 366 of the Constitution of India.]

159. Land revenue payable by bhumiswamis.

- Every person becoming a bhumiswami under Section 158 shall pay as land
revenue-

(a) if he was paying land revenue in respect of the lands held by him-such land
revenue; or

(b) if he was paying rent in respect of the lands held by him-an amount equal to
such rent.

160. Revocation of exemption from liability for land revenue.

(1) Every Muafi or Inam land, wherever situate, which was heretofore
exempted from payment of the whole or part of the land revenue by a
special grant from the Government or under the provisions of any law for
the time being in force or in pursuance of any other instrument shall,
notwithstanding anything contained in any such grant, law or instrument be

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liable from the commencement of the revenue year next following the
coming into force of this Code, to the payment of full land revenue assessable
thereon.

(2) Where any such Muafi or Inam land is held for the maintenance or upkeep
of any public, religious or charitable institution, the State Government may,
on the application of such institution, in the prescribed form and made
within such time as may be prescribed grant to it such annuity not exceeding
the amount of the exemption from land revenue enjoyed by it, as may be
considered reasonable for the proper maintenance or upkeep of such
institution or for the continuance of service rendered by it.

(3) The annuity granted under sub-section (2) shall be subject to such conditions
as may be prescribed and may from time to time be revised or withdrawn by
the State Government.

(4) Where an application is made under sub-section (2), the recovery of land
revenue from the institution concerned shall be stayed until the decision of
the application.

161. Reduction of revenue during the currency of settlement.

(1) At any time during the currency of the settlement the Collector may, in
accordance with such rules as may be made in this behalf, on the application
of a bhumiswami or of his own motion reduce the revenue in respect of any
land on any of the following grounds, namely :-

(i) that the land has been wholly or partially rendered unfit for
cultivation in consequence of floods or other cause beyond the control
of such bhumiswami;

(ii) that any irrigation source, whether new or old, constructed and
maintained at the cost of the State has fallen into disrepair and has
ceased to irrigate the whole or any part of his holding to which an
enhanced rate of revenue has been applied on account of irrigation;

(iii) that any private irrigation source has for any cause beyond the control
of bhumiswami, ceased to irrigate the whole or any part of the holding
which has been assessed to enhanced land revenue on account of
irrigation;

(iv) that the revenue payable by the bhumiswami in respect of the land is
more than the revenue calculated at the rate fixed at the last

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settlement or under any other law for such land;

(v) that the area of the holding of such bhumiswami has decreased for
any reason below the area on which the existing land revenue was
assessed.

(2) Where any reduction is ordered under sub-section (1), such reduction shall
take effect from the commencement of the revenue year next following the
date of the order.

(3) If the cause for which revenue has been reduced under sub-section (1)
subsequently ceases or is removed, the Collector may, after giving the
bhumiswami a reasonable opportunity of being heard, make an order
directing that such reduction shall cease to be in force and on such order
being passed, the reduction shall stand revoked from the commencement of
the revenue year next following the date of the order.

162.

xxx

163. Pending applications for conferral of bhumiswami rights.

- All applications by bhumidharis for conferral of bhumiswami rights pending

before any Revenue Court in the Mahakoshal region immediately before the
coming into force of this Code whether in appeal, revision, review or otherwise,
shall be filed and the amount, if any, deposited by such bhumidharis shall be
refunded to them.

164. Devolution.

- Subject to his personal law the interest of bhumiswami shall, on his death, pass by
inheritance, survivorship or bequest, as the case may be.

165. Rights of transfer.

(1) Subject to the other provisions of this section and the provision of Section
168 a bhumiswami may transfer x x x any interest in his land.

(2) Notwithstanding anything contained in sub-section (1)-

(a) no mortgage of any land by a bhumiswami shall hereafter be valid

unless atleast five acres of irrigated or ten acres of unirrigated land is

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left with him free from any encumbrance or charge;

(b) subject to the provisions of clause (a), no usufructuary mortgage of

any land by a bhumiswami shall hereafter be valid if it is for a period
exceeding six years and unless it is a condition of the mortgage that on
the expiry of the period mentioned in the mortgage deed, the
mortgage shall be deemed, without any payment whatsoever by the
bhumiswami to have been redeemed in full and the mortgagee shall
forthwith re-deliver possession of the mortgaged land to the
bhumiswami;

(c) if any mortgagee in possession of the land mortgaged does not hand
over possession of land after the expiry of the period of the mortgage
or six years whichever expires first the mortgagee shall be liable to
ejectment by the orders of the Tahsildar as trespasser and the
mortgagor shall be placed in possession of the land by the Tahsildar :

Provided that nothing in this sub-section shall apply in the case of a

mortgage of any land held by a bhumiswami for non-agricultural purpose.

(3) Where a bhumiswami effects a mortgage other than a usufructuary

mortgage of his land in pursuance of the provisions of sub-section (2), then
notwithstanding anything contained in the mortgage deed, the total amount
of interest accruing under the mortgage shall not exceed half the sum of the
principal amount advanced by the mortgagee.

(4) Notwithstanding anything contained in sub-section (1), no bhumiswami shall

have the right to transfer any land-

(a) in favour of any person who shall as a result of the transfer become
entitled to land which together with the land, if any, held by himself or
by his family will in the aggregate exceed such ceiling limits as may be
prescribed;

(b) xxx

Provided that-

(i) nothing in this sub-section shall apply-

(a)
(i) in the case of transfer in favour of an institution established for a
public, religious or charitable purpose or a transfer for industrial
purpose or a transfer by way of mortgage;

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(ii) in the case of transfer in favour of Co-operative Society for industrial

purpose or a transfer by way of mortgage subject, however, to the
condition that no mortgage for agricultural purposes shall authorise
sale for recovery of an advance in contravention of clause (b) of
Section 147;

(b) in the case of a transfer of land held for non-agricultural purposes:

Provided further that the transfer of land under sub-clause (a) of clause (i) of
the preceding proviso for an industrial purpose shall be subject to the
following conditions, namely :-

(i) if such land is to be diverted to a non-agricultural purpose, the

permission of the Sub-Divisional Officer under Section 172 for such
diversion is obtained prior to such transfer; and

(ii) the provisions of Section 172 shall apply to such transfer with the
modification that the period of three months and one month
mentioned in the proviso to sub-section (1) thereof shall, for the
purposes of an application for such diversion, be forty-five days and
one month respectively.]

(iii) [ There shall not be further transfer of land transferred for Industrial
purpose.] [Inserted by C.G. Act No. 18 of 2015, dated 24.4.2015.]

Explanation. - For the purposes of this sub-section, a person's family shall

consist of the person himself, the minor children and the spouse of such
person living jointly with him and if such person is a minor then his parents
living jointly with him.

[(4-A) (i) Notwithstanding anything contained in sub-section (1),

Bhumiswami shall not transfer his land held for agriculture to any person
who is not a bona fide agriculturist.

Explanation. - For the purpose of this sub-section, the expression "transfer"

shall not include the following, namely :-

(a) transfer by way of inheritance;

(b) transfer to legal heirs by way of will;

(c) land acquisition in public interest;

(d) transfer to or for any religious or charitable purpose, for trust, health,
culture purpose, educational institutions;

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(e) transfer to department of State Government and Central Government,

Units, Corporations and Companies, which are undertaking of the
Government;]

(f) land purchased by such person, who became land- less due to land
acquisition in public interest; or

(g) with the permission of the collector, for any person and to the extent
as may be prescribed by the Government in this behalf.

(ii) The State Government may, by notification, makes rules for

carrying out the provisions of this sub-section.]

(5) Notwithstanding anything to the contrary in any other enactment for the
time being in force, no land of a bhumiswami shall, in execution of a decree
or order of a Court, be sold to any person who as a result of such sale shall
become entitled to land which together with the land, if any, held by himself
or by his family will in the aggregate exceed such ceiling limits as may be
prescribed :

Provided that nothing in this sub-section shall apply in the case of a co-
operative society where any land is to be sold in execution of a decree or
order passed in favour of such society after exhausting the procedure
prescribed in Section 154-A.

Explanation. - For the purposes of this sub-section , the expression "a

person's family" shall have the same meaning as assigned to it in sub-section
(4).

(6) Notwithstanding anything contained in sub-section (1) the right of

bhumiswami belonging to a tribe which has been declared to be an
aboriginal tribe by the State Government by a notification in that behalf, for
the whole or part of the area to which this Code applies shall-

(i) in such areas as are predominately inhabited by aboriginal tribes and

from such date as the State Government may, by notification, specify,
not be transferred nor it shall be transferable either by way of sale or
otherwise or as a consequence of transaction of loan to a person not
belonging to such tribe in the area specified in the notification;

(ii) in areas other than those specified in the notification under clause (i),
not to be transferred or be transferable either by way of sale or
otherwise or as a consequence of transaction of loan to a person not
belonging to such tribe without the permission of a Revenue Officer

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not below the rank of Collector, given for reasons to be recorded in

writing [:] [Substituted '.' by C.G. Act No. 15 of 2014, dated 21.8.2014.]

[Provided that the provision of this sub-section shall not be applicable to the
land acquired under the Right to Fair Compensation and Transparency in
Land Acquisitions, Rehabilitation and Resettlement Act, 2013 (No. 30 of
2013).] [Added by C.G. Act No. 15 of 2014, dated 21.8.2014.]

Explanation. - For the purposes of this sub-section the expression "otherwise"

shall not include lease.

(6-a) Notwithstanding anything contained in sub-section (1), the right of a

bhumiswami other than a bhumiswami belonging to a tribe which has been
declared to be an aboriginal tribe under sub-section (6), in the land
excluding the agricultural land shall not be transferred or be transferable
either by way of sale or otherwise or as a consequence of transaction of loan
to a person not belonging to aboriginal tribe without the permission of the
Collector given for reasons to be recorded in writing :

Provided that every such transfer effected after the 9th day of June, 1980 but
before the 20th April, 1981 which is not in accordance with the provisions
herein contained shall, unless such transfer if ratified by the Collector in
accordance with the provisions hereinafter contained, be void and shall be
of no effect whatsoever, notwithstanding anything contained in this Code or
any other law for the time being in force.

(6-b) Notwithstanding anything contained in the Limitation Act, 1963 (No. 36

of 1963), the Collector may on his own motion at any time or on an
application made in this behalf within three years of such transaction in
such form as may be prescribed, make an enquiry as he may deem fit, and
may, after giving a reasonable opportunity of being heard to the persons
affected by the transfer, pass an order ratifying the transfer or refusing to
ratify the transfer.

(6-c) The Collector shall in passing an order under sub-section (6-a) granting
or refusing to grant permission or under sub-section (6-b) ratifying or
refusing to ratify the transaction shall have due regard to the following :-

(i) whether or not the person to whom land is being transferred is a

resident of the Scheduled Area;

(ii) the purpose to which land shall be or is likely to be used after the
transfer;

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(iii) whether the transfer serves, or is likely to serve or prejudice the social,
cultural and economic interest of the residents of the Scheduled Area;

(iv) whether the consideration paid is adequate;

(v) whether the transaction is spurious or benami; and

(vi) such other matters as may be prescribed.

The decision of the Collector granting or refusing to grant the permission

under sub-section (6-a) or ratifying or refusing to ratify the transaction of
transfer under sub-section (6-b), shall be final, notwithstanding anything to
the contrary contained in this Code.

Explanation. - For the purpose of this sub-section,-

(a) "Scheduled Area" means any area declared to be a Scheduled Area

within the State of Chhattisgarh under paragraph 6 of the Fifth
Scheduled to the Constitution of India;

(b) the burden of proving that the transfer was not spurious, fictitious or
benami shall lie on the person who claims such transfer to be valid.

(6-d) On refusal to grant the permission under sub-section (6-a) or

ratification under sub-section (6-b), the transferee, if in possession of the
land shall vacate the possession forthwith and restore the possession thereof
to the original bhumiswami.

(6-e) If the bhumiswami for any reason whatsoever fails or is unable to take
possession of the land of which the right of possession stands restored to him
under sub-section (6-d), the Collector shall cause the possession of land to be
taken and cause the land to be managed on behalf of the bhumiswami
subject to such terms and conditions as may be prescribed till such time as
the original bhumiswami enters upon his land :

Provided that if any resistance is offered in restoring possession, the

Collector shall use or cause to be used such force as may be necessary.

[* * *] [Omitted Sub-section (6-ee) 'The agricultural land transferred by the

bhumiswami other than a bhumiswami belonging to an aboriginal tribe
declared under sub-section (6) to a person not belonging to an aboriginal tribe
shall not be diverted for any other purpose before the expiry of period of ten
years from the date of transfer;' by C.G. Act No. 8 of 2006 (w.e.f. 25.1.2006).]

(6-f) The provisions of sub-section (6-a) to (6-ee) shall have effect,

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notwithstanding anything to the contrary contained in this Code or any other

law for the time being in force.

(7) Notwithstanding anything contained in sub-section (1) or in any other law

for the time being in force-

(a) where the area of land comprised in a holding or if there be more than
one holding the aggregate area of all holdings of a bhumiswami is in
excess of five acres of irrigated or ten acres of unirrigated land, then
only so much area of land in his holding or holdings shall be liable to
attachment or sale in execution of any decree or order as is in excess
of five acres of irrigated or ten acres of unirrigated land;

(b) no land comprised in a holding of a bhumiswami belonging to a tribe

which has been declared to be an aboriginal tribe under sub-section
(6) shall be liable to be attached or sold in execution of any decree or
order;

(c) no receiver shall be appointed to manage the land of a bhumiswami

under Section 51 of the Code of Civil Procedure, 1908 (V of 1908) nor
shall any such land vest in the Court or any receiver under the
Provincial Insolvency Act, 1920 (V of 1920), contrary to the provisions
of clause (a) or clause (b) :

Provided that nothing in this sub-section shall apply where a charge has
been created on the land by a mortgage.

(7-a) Notwithstanding anything contained in sub-section (1), no bhumiswami

specified in Section 33 of the Chhattisgarh Bhoodan Yagna Adhiniyam, 1968
(No. 28 of 1968) shall have the right to transfer any interest in his land
specified in the said section without the permission of the Collector.

(7-b) Notwithstanding anything contained in sub-section (1), a person who

holds land from the State Government or a person who holds land in
bhumiswami rights under sub-section (3) of Section 158 or whom right to
occupy land is granted by the State Government or the Collector as a
Government lessee and who subsequently becomes bhumiswami of such
land, shall not transfer such land without the permission of a Revenue
Officer, not below the rank of a Collector, given for reasons to be recorded in
writing.

(8) Nothing in this section shall prevent a bhumiswami from transferring any
right in his land to secure payment of, or shall affect the right of the State

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Government to sell such right for the recovery of an advance made to him
under the Land Improvement Loans Act, 1883 (XIX of 1883) or the
Agriculturist Loans Act, 1884 (XII of 1884).

(9) Nothing in this section shall-

(i) prevent a bhumiswami from transferring any right in his land by way
of mortgage to secure payment of an advance made to him by co-
operative society subject to the condition that the land shall not be
sold to secure recovery, without exhausting the procedure prescribed
in Section 154-A; or

(ii) affect the right of any such society to secure recovery or an advance
made to him, in accordance with the provisions of Section 154-A

(9-a) Nothing in this section shall prevent a bhumiswami who is a displaced

person from transferring any right in his land to secure payment of an
advance made to him by the Dandakaranya Development Authority or shall
affect the right of that Authority to sell such right for the recovery of such
advance.

Explanation. - In this sub-section "displaced person" means a person

displaced from the territories now comprised in East Pakistan who is
resettled in Chhattisgarh on or after the 1st day of April, 1957, under any
scheme of resettlement of displaced persons sanctioned by the Central
Government or the State Government.

(9-b) Nothing in this section shall prevent a bhumiswami from transferring

any right in his land to secure payment of an advance made to him by a
Commercial Bank for purpose of agriculture or improvement of holding or
shall affect the right of any such Bank to sell such right for the recovery of
such advance.

(10) Notwithstanding anything contained in the Indian Registration Act, 1908

(XVI of 1908), no officer empowered to register documents thereunder shall
admit to registration any document which purports to contravene the
provisions of this section.

(11) Nothing in this section shall-

(a) invalidate any transfer which was validly made; or

(b) validate any transfer which was invalidly made; before the coming
into force of this Code.

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Explanation. - For purposes of this section one acre of irrigated land shall be
deemed to be equal to two acres of unirrigated land and vice-versa.

166. Forfeiture in cases of certain transfers.

(1) If a transfer of land is made in contravention of the provisions of clause (a)

of sub-section (4) of Section 165 so much of the land as is in excess of the
prescribed ceiling limit with the transferee shall, after its selection by the
transferee within the prescribed period and demarcation by a Sub-Divisional
Officer in accordance with such rules as may be made in that behalf, stand
forfeited to the State Government :

Provided that if the transferee fails to make the selection within the
prescribed period such selection shall be made by the Sub-Divisional Officer.

(2) xxx

(3) The Sub-Divisional Officer shall in the cases referred to in sub-sections (1)
and (2) fix the land revenue in the prescribed manner in respect of the land
left with the transferee.

167. Exchange of land.

- Subject to the provisions of Section 165 bhumiswami may exchange by mutual

agreement the whole or any part of their holding for purposes of consolidation of
holdings or securing greater convenience in cultivation.

168. Leases.

(1) Except in cases provided for in sub-section (2), no bhumiswami shall lease
any land comprised in his holding for more than one year during any
consecutive period of three years :

Provided that nothing in this sub-section shall apply to the lease of any land-

(i) made by bhumiswami who is a member of a registered Cooperative

Farming Society to such Society;

(ii) hold by a bhumiswami for non-agricultural purposes.

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

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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 with bullocks belonging to or procured by such person
(lessee) and 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) the grant of a right merely to cut grass or to graze cattle or to grow
'signhara' or to propagate or collect lac, pluck or collect tendu leaves
shall not be deemed to be a lease of the land.

(2) A bhumiswami who is -

(i) a widow; or

(ii) an unmarried woman; or

(iii) a married woman who has been deserted by her husband; or

(iv) a minor; or

(v) a person subject to physical or mental disability due to old age or

otherwise; or

(vi) a person detained or imprisoned under any process of law; or

(vii) a person in the service of Armed Forces of the Union; or

(viii) a public, charitable or religious institution; or

(ix) a local authority or a Co-operative Society;

may lease the whole or any part of his holding :

Provided that where a holding is held jointly by more than one person the
provisions of this sub-section shall not be applicable unless all such persons
belong to any one or more of the classes aforesaid :

Provided further that any lease made in pursuance of this sub-section shall
cease to be in force after one year of the determination of the disability by
death or otherwise.

(3) xxx

(4) Where a lease is granted is pursuance of sub-section (2) the lessee shall hold

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the land on such terms and conditions as may be agreed upon between him
and the bhumiswami and may be ejected by an order of a Sub-Divisional
Officer on the application of the bhumiswami on the ground of
contravention of any material term or condition of the lease or on the lease
ceasing to be in force.

(5) Where on the coming into force of this Code any land is held on lease from a
bhumiswami who belongs to any one or more of the classes mentioned in
sub-section (2), such lease shall, on the coming into force of this Code, be
deemed to be a lease granted in pursuance of sub-section (2).

169. Unauthorised lease etc.

- If a bhumiswami-

(i) leases out for any period any land comprised in his holding in contravention
of Section 168; or

(ii) by an arrangement which is not a lease under sub-section (1) of Section 168
allows any person to cultivate any land comprised in his holding otherwise
than as his hired labour and under that arrangement such person is allowed
to be in possession of such land for a period exceeding two years without
being evicted in accordance with Section 250;

the rights of an occupancy tenant shall,-

(a) in the case of (i) above, thereupon accrue to the lessee in such land; and

(b) in the case of (ii) above, on the expiration of a period of two years from the
date of possession, accrue to such person in that land :

Provided that nothing in this section shall apply to a land comprised in the holding
of a bhumiswami belonging to a tribe which has been declared to be an aboriginal
tribe under sub-section (6) of Section 165 and which is leased out by him or in
respect of which he has made an arrangement as aforesaid, as the case may be.

170. Avoidance of transfer in contravention of Section 165.

(1) Where possession is transferred by a bhumiswami in pursuance of a transfer

which is in contravention of sub-section (6) of Section 165 any person who, if
he survived the bhumiswami without nearer heirs would inherit the
holding, may,-

(i) till the 31st December, 1978, in the case of transfer of possession prior

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to the 1st July 1976; and

(ii) within twelve years of such transfer of possession, in subsequent

cases,

apply to the Sub-Divisional Officer to be placed in possession subject so far as

the Sub-Divisional Officer may, in accordance with the rules made in this
behalf determine to his acceptance of the liabilities for arrears of land
revenue or any other dues which form a charge on the holding, and the Sub-
Divisional Officer shall dispose of such application in accordance with the
procedure as may be prescribed.

(2) Where any land of a bhumiswami is sold in contravention of subsection (3)

of Section 165, the Court by which such sale is ordered shall, on the
application of the bhumiswami or any person who, if he survived the
bhumiswami without nearer heirs would inherit the holding made within
two years of such sale, set aside the sale and place the applicant in
possession of the land subject to his accepting the liability for arrears of land
revenue or any other dues which form a charge on the land.

170A. Certain transfers to be set aside.

(1) Notwithstanding anything contained in the Limitation Act, 1963 (No. 36 of

1963), the Sub-Divisional Officer may, on his own motion or on an
application made by a transfers of agricultural land belonging to a tribe
which has been declared to be an aboriginal tribe under sub-section (6) of
Section 165 on or before the 31st December, 1978, enquire into a transfer
effected by way of sale, or in pursuance of a decree of a Court of such land to
a person not belonging to such tribe or transfer effected by way of accrual of
right of occupancy tenant under Section 169 or of bhumiswami under sub-
section (2-A) of Section 190 at any time during the period commencing on the
2nd October, 1959 and ending on the date of commencement of the
Chhattisgarh Land Revenue Code (Third Amendment) Act, 1976 to satisfy
himself as to the bona fide nature of such transfer.

(2) If the Sub-Divisional Officer on an enquiry and after giving a reasonable

opportunity to the persons owning any interest in such land, is satisfied that
such transfer was not bona fide, he may notwithstanding anything contained
in this Code or any other enactment for the time being in force,-

(a) subject to the provisions of clause (b), set aside such transfer if made
by a holder belonging to a tribe which has been declared to be an

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aboriginal tribe under sub-section (6) of Section 165 and restore the
land to the transfer; or

(a) subject to the provisions of clause (b), set aside such transfer if made
by a holder belonging to a tribe which has been declared to be an
aboriginal tribe under sub-section (6) of Section 165 and restore the
land to the transferor by putting him in possession of the land
forthwith; or

(b) where such land has been diverted for non-agricultural purposes, he
shall fix the price of such land which it would have fetched at the time
of transfer and order the transferee to pay the difference, if any,
between the price so fixed and the price actually paid to the transferer
within a period of six months.

170B. Reversion of land of members of aboriginal tribe which was

transferred by fraud.

(1) Every person who on the date of commencement of the Chhattisgarh Land
Revenue Code (Amendment), 1980 (hereinafter referred to as the
Amendment Act of 1980) is in possession of agricultural land which belonged
to a member of a tribe which has been declared to be an aboriginal tribe
under sub-section (6) of Section 165 between the period commencing on the
2nd October, 1959 and ending on the date of the commencement of
Amendment Act, 1980 shall, within two years of such commencement, notify
to the Sub-Divisional Officer in such form and in such manner as may be
prescribed, all the information as to how he has come in possession of such
land.

(2) If any person fails to notify the information as required by sub-section (1)
within the period specified therein it shall be presumed that such person has
been in possession of the agricultural land without any lawful authority and
the agricultural land shall, on the expiration of the period aforesaid revert to
the person to whom it originally belonged and if that person be dead, to his
legal heirs.

(2-A) If a Gram Sabha in the Scheduled area referred to in clause (1) of

Article 244 of the Constitution finds that any person, other than a member of
an aboriginal tribe, is in possession of any land of a bhumiswami belonging
to an aboriginal tribe, without any lawful authority, it shall restore the
possession of such land to that person to whom it originally belonged and if
that person is dead to his legal heirs :

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Provided that if the Gram Sabha fails to restore the possession of such land,
it shall refer the matter to the Sub-Divisional Officer, who shall restore the
possession of such land within three months from the date of receipt of the
reference.

(3) On receipt of the information under sub-section (1), the Sub-Divisional

Officer shall make such enquiry as may be deemed necessary about all such
transactions of transfer and if he finds that the member of aboriginal tribe
has been defrauded of his legitimate right he shall declare the transaction
null and void and pass an order revesting the agricultural land in the
transferor and, if he is dead, in his legal heirs.

(3) On receipt of the information under sub-section (1) the Sub-Divisional

Officer shall make such enquiry as may be necessary about all such
transactions , of transfer and if he finds that the member of aboriginal tribe
has been defrauded of his legitimate right he shall declare the transaction
null and void and-

(a) Where no building or structure has been erected on the agricultural

land prior to such finding pass an order revesting the agricultural land
in the transferer and if he be dead, in his legal heirs,

(b) Where any building or structure has been erected on the agricultural
land prior to such finding, he shall fix the price of such land in
accordance with the principles laid down for fixation of price of land
in the Land Acquisition Act, 1894 (No. 1 of 1894) and order the person
referred to in sub-section (1) to pay to the transferor the difference, if
any, between the price so fixed and the price actually paid to the
transferor :

Provided that where the building or structure has been erected after the 1st
day of January, 1984, the provisions of clause (b) above shall not apply :

Provided further that fixation of price under clause (b) shall be with
reference to the price on the date of registration of the case before the Sub-
Divisional Officer.

170C. Advocate not to appear in proceedings under Section 170-A or 170-B

without permission.

- Notwithstanding anything contained in the Advocates Act, 1961 (No. 25 of 1961)

no Advocate shall appear before a Revenue Officer under any proceeding under
Section 170-A or 170-B without the permission of such officer :

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Provided that if permission is granted to one party not belonging to a member of a

tribe which has been declared to be an aboriginal tribe under subsection (6) of
Section 165, similar assistance shall always be provided to the other party
belonging to such tribe at the cost of and through legal aid agency.

170D. Second appeal barred.

- Notwithstanding anything contained in this Code, no second appeal shall lie

against the orders passed on or after the 24th October, 1983 under Section 170-A
and Section 170-B.

171. Right to make improvements.

- A bhumiswami of land held for the purpose of agriculture is entitled to make any
improvement thereon for the better cultivation of the land or its more convenient
use for the purpose aforesaid.

172. Diversion of land.

(1) If a bhumiswami of land held for any purpose in-

(i) urban area or within a radius of five miles from the outer limits of
such area;

(ii) a village with a population of two thousand or above according to last

census; or

(iii) in such other areas as the State Government may, by notification,

specify;

wishes to divert his holding or any part thereof to any other purpose except
agriculture, he shall apply for permission to the [Competent Authority]
[Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.]
who may, subject to the provisions of this section and to rules made under
this Code, refuse permission or grant it on such conditions as he may think
fit :

Provided that should the [Competent Authority] [Substituted 'Sub-Divisional

Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] neglect or omit for three
months after the receipt of an application under sub-section (1) to make and
deliver to the applicant an order of permission or refusal in respect thereof,
and the applicant has by written communication called the attention of the

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[Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14

of 2011, dated 3.5.2011.] to the omission or neglect, and such omission or
neglect continues for a further period of one month, the [Competent
Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011,
dated 3.5.2011.] shall be deemed to have granted the permission without any
condition :

[Provided further that if a Bhumiswami of a land, which is reserved for a

purpose other than agriculture in the development plan but is used for
agriculture, wishes to divert his land or any part thereof to the purpose for
which it is reserved in the development plan, or land or any part thereof
which is assessed for agricultural purpose and situated in any area other
than an area covered by development plan to the purpose of industry, a
written information of his intention, given by Bhumiswami to the Competent
Authority shall be sufficient and no permission is required for such
diversion.] [Substituted by C.G. Act No. 32 of 2013, dated 16.8.2013.]

[Provided further that it shall be compulsory to establish micro, small and

medium industries within a period of three years and within a period of five
years in case of major industries, from the date of notice of diversion of land
diverted for Industrial purposes. If production after establishment of
industry does not start within above mentioned specified period then
diversion shall automatically be deemed to have become void:

Provided also further that the State Government may, for special reasons to
be recorded in writing, extend the said period:] [Inserted by C.G. Act No. 18 of
2015, dated 24.4.2015.]

Provided also that if a bhumiswami of a land wishes to divert his land or any
part thereof which is assessed for agriculture purpose and situated in any
area other than an area covered by development plan to the purpose of
industry, a written information of his intention given by bhumiswami to the
[Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14
of 2011, dated 3.5.2011.] shall be sufficient and no permission is required for
such diversion.

Provided also that if a competent authority undertakes the work of

regularisation of the illegal colony, the land of which is not diverted, then the
land, subject to the provisions of development plan, shall be deemed to have
been diverted and such land shall be liable for premium and revised land
revenue under Section 59.

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Explanation. - For the purpose of this section the competent authority shall
have the same meaning as assigned to it in the Chhattisgarh Nagar Palika
(Registration of Coloniser. Terms and Conditions) Rules, 1998 made under
the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) and the
Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961).

(2) Permission to divert may be refused by the [Competent Authority]

[Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.]
only on the ground that the diversion is likely to cause a public nuisance, or
the bhumiswami is unable or unwilling to comply with the conditions that
may be imposed under sub-section (3).

(3) Conditions may be imposed on diversion for the following objects and no
others, namely, in order to secure the public health, safety and convenience,
and in the case of land which is to be used as building sites, in order to
secure in addition that the dimensions, arrangement and accessibility of the
sites are adequate for the health and convenience of occupiers or are
suitable to the locality.

(4) If any land has been diverted without permission by the bhumiswami or by
any other person with or without the consent of the bhumiswami the
[Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14
of 2011, dated 3.5.2011.] on receiving information thereof, may impose on the
person responsible for the diversion a penalty not exceeding [one thousand
rupees] [Substituted 'two hundred rupees' by C.G. Act No. 14 of 2011, dated
3.5.2011.] and may proceed in accordance with the provisions of sub-section
(1) as if an application for permission to divert had been made.

(5) If any land has been diverted in contravention of an order passed or of a

condition imposed under any of the foregoing sub-sections, the [Competent
Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011,
dated 3.5.2011.] may serve a notice on the person responsible for such
contravention, directing him, within a reasonable period to be stated in the
notice, to use the land for its original purpose or to observe the condition;
and such notice may require such person to remove any structure, to fill up
any excavation, or to take such other steps as may be required in order that
the land may be used for its original purpose, or that the condition may be
satisfied. The [Competent Authority] [Substituted 'Sub-Divisional Officer' by
C.G. Act No. 14 of 2011, dated 3.5.2011.] may also impose on such person a
penalty not exceeding [one thousand rupees] [Substituted 'two hundred
rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] for such contravention, and
a further penalty not exceeding [one hundred rupees] [Substituted 'twenty

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rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] for each day during which
such contravention is persisted in.

(6) If any person served with the notice under sub-section (5) fails within the
period stated in the notice to take the steps ordered by the [Competent
Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011,
dated 3.5.2011.] under that sub-section, the [Competent Authority]
[Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.]
may himself take such steps of cause them to be taken; and any cost incurred
in so doing shall be recoverable from such person as if it were an arrear of
land revenue.

[***] [Deleted '(6-a) If any land has been diverted in contravention of sub-
section (6-ee) of Section 165, the Sub-Divisional Officer in addition to taking
action laid down in sub-sections (5) and (6), shall also impose a penalty not
exceeding five thousand rupees for such contravention and a further penalty
not exceeding one hundred rupees for each day during which such
contravention is persisted in' by C.G. Act No. 32 of 2013, dated 16.8.2013.]

(7) xxx

Explanation I.-Diversion in this section means using land assessed to one

purpose under Section 59 to any other purpose mentioned therein but using
land for the purpose of agriculture where it is assessed with reference to any
other purpose shall not be deemed to be diversion.

Explanation II. - For the purposes of this section the words 'development
plan' shall have the same meaning as assigned to it in the Chhattisgarh Nagar
Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973).

173. Relinquishments.

- [(1)] [Inserted by C.G. Act No. 18 of 2015, dated 24.4.2015.] Subject to rules made
under this Code, a bhumiswami may relinquish his rights, that is, resign them in
favour of the State Government, but subject to any rights, tenures, encumbrances
or equities lawfully subsisting in favour of any person, other than the State
Government or the bhumiswami, by giving notice in writing to the Tahsildar not
less than thirty days before the date of commencement of the agricultural year and
thereupon he shall cease to be a bhumiswami from the agricultural year next
following such date of such order. In case of the relinquishment of only a part of
the holding the bhumiswami shall apportion the assessment of the holding in
accordance with the rules made under this Code :

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Provided that the relinquishment of a holding or any part of a holding, which is

subject to an encumbrance or a charge, shall not be valid.

(2) [ Relinquishment of diverted land under Section 172 of the Code may be
made in accordance with sub-section (1) by giving written information to
Sub-divisional Officer.] [Added by C.G. Act No. 18 of 2015, dated 24.4.2015.]

174. Disposal of relinquished sub-division.

- If any sub-division of a survey number or plot number is relinquished under

Section 173, the Tahsildar shall offer the rights to occupy such sub-division at such
premium as he thinks fit to the bhumiswami of the other sub-divisions of the same
survey number or plot number and if there be competition among such
bhumiswami he shall sell such right to the highest bidder amongst them.

175. Right of way to relinquished land.

- If any person relinquishes his right to land, the way which lies through other land
retained by him any, future holder of the land relinquished shall be entitled to a
right of way through the land retained.

176. Abandonment of holding.

(1) If a bhumiswami ceases to cultivate his holding for two 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 three 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, the Tahsildar 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

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the bhumiswami for the arrears of revenue due from him in respect thereof
shall stand discharged.

177. Disposal of holdings.

(1) If a bhumiswami whose land has been assessed for the purpose of
agriculture under Section 59, or who holds land for dwelling purposes, dies,
without known heirs, the Tahsildar shall take possession of his land and may
lease it for a period of one year at a time.

(2) If within three years of the date on which the Tahsildar takes possession of
the land any claimant applies for the holding being restored to him, the
Tahsildar may, after such enquiry as he thinks fit, place such claimant in
possession of the land or reject his claim.

(3) The order of the Tahsildar passed under sub-section (2) shall not be subject
to appeal or revision but any person whose claim is rejected under sub-
section (2) may, within one year from the date of the communication of the
order of the Tahsildar file a civil suit to establish his title, and if such suit is
filed, the Tahsildar shall continue to lease out the land as provided in sub-
section (1) till the decision of the suit.

(4) If no claimant appears within three years from the date on which the
Tahsildar took possession of the land or if a claimant whose claim have been
rejected under sub-section (2) does not file a suit within one year as provided
in sub-section (3), the Tahsildar may sell the deceased bhumiswami's right in
the holding by auction.

(5) Notwithstanding anything contained in any law for the time being in force a
claimant who establishes his title in land which has been dealt with in
accordance with the provisions of this section, shall be entitled only to the
rents payable under sub-section (1) and the sale proceeds realized under
sub-section (4) less all sums due on the holding on account of land revenue
and the expenses of management and sale.

178. Partition of holding.

(1) If in any holding, which has been assessed for purpose of agriculture under
Section 59, there are more than one bhumiswami any such bhumiswami
may apply to a Tahsildar for a partition of his share in the holding :

Provided that if any question of title is raised the Tahsildar shall stay the

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proceeding before him for a period of three months to facilitate the

institution of a civil suit for determination of the question of title.

(1-A) If a civil suit is filed within the period specified in the proviso to sub-
section (1), and stay order is obtained from the Civil Court, the Tahsildar
shall stay his proceedings pending the decision of the Civil Court. If no civil
suit is filed within the said period, he shall vacate the stay order and proceed
to partition the holding in accordance with the entries in the record of rights.

(2) The Tahsildar, may, after hearing the co-tenure holders, divide the holding
and apportion the assessment of the holding in accordance with the rules
made under this Code.

(3) xxx

(4) xxx

(5) xxx

Explanation I. - For purposes of this section any co-sharer of the holding of a

bhumiswami who has obtained a declaration of his title in such holding from
a competent Civil Court shall be deemed to be a co-tenure holder of such
holding.

Explanation II. - x x x

178A. Partition of land in life time of bhumiswami.

(1) Whenever a bhumiswami wishes to partition his agricultural land amongst

the legal heirs during his life time, he may apply for partition to the
Tahsildar.

(2) The Tahsildar may, after hearing the legal heirs, divide the holding and
apportion the assessment of holding in accordance with the rules made
under this Code.]

179. Rights to trees in holding.

(1) Subject to the provisions of Sections 240 and 241 all trees standing in the
holding of a bhumiswami shall belong to him.

(2) Nothing in sub-section (1) shall affect any right in trees in the holding of a
bhumiswami in favour of any person existing on the date of the coming into
force of this Code, but the bhumiswami may apply to the Tahsildar to fix the

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value of such right and purchase the right through the Tahsildar in such
manner as may be prescribed.

180. Restriction on transfer of trees.

(1) The transfer by a bhumiswami of any trees standing in any land comprised
in his holding except the produce of such trees shall be void unless the land
itself is transferred.

(2) Trees standing in any land comprised in the holding of a bhumiswami shall
not be attached or sold in execution of a decree or order of a Civil Court or
under an order of a Revenue Officer or under an order made in pursuance of
any provisions of any law for the time being in force unless the land itself is
attached or sold.

Chapter-XIII Government Lessees and Service Land

181. Government lessees.

(1) Every person who holds land from the State Government or to whom a right
to occupy land is granted by the State Government or to Collector and who is
not entitled to hold land as a bhumiswami shall be called a Government
lessee in respect of such land.

(2) Every person who at the coming into force of this Code-

(a) holds any land in the Madhya Bharat region as an ordinary tenant as
defined in the Madhya Bharat Land Revenue and Tenancy Act, Samvat
2007 (66 of 1950); or

(b) holds any land in the Vindhya Pradesh region as a special tenant as
defined in the Vindhya Pradesh Land Revenue and Tenancy Act, 1953
(III of 1955), or as a gair haqdar tenant any grove or tank or land
which has been acquired or which is required for Government or
public purposes; or

(c) holds any land from the State Government in the Sironj region as a
gair khatedar tenant as defined in the Rajasthan Tenancy Act, 1955 (3
of 1955);

shall be deemed to be a Government lessee in respect of such land.

(3) xxx

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182. Rights and liabilities of a Government lessee.

(1) A Government lessee shall, subject to any express provisions in this Code,
hold his land in accordance with the terms and conditions of the grant,
which shall be deemed to be a grant within the meaning of the Government
Grants Act, 1895 (XV of 1895).

(2) A Government lessee may be ejected from his land by order of a Revenue
Officer on one or more of the following grounds, namely :-

(i) that he has failed to pay the rent for a period of three months from the
date on which it became due; or

(ii) hat he has used such land for purposes other than for which it was
granted; or

(iii) that the term of his lease has expired; or

(iv) that he has contravened any of the terms and conditions of the grant :

Provided that no order for ejectment of a Government lessee under this sub-
section shall be passed without giving him an opportunity of being heard in
his defence.

183. Service land.

(1) Any person holding land on the condition of rendering service as village
servant shall cease to be entitled to such land if he diverts such land to non-
agricultural purposes.

(2) A transaction by which a village servant attempts to transfer his interest in

his service land by sale, gift, mortgage, sub-lease or otherwise except by a
sub-lease for a period not exceeding one year, shall be void.

(3) If the holder of such land dies, resigns or is lawfully dismissed the land shall
pass to his successor in office.

(4) The right of the holder 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 (V of 1908).

184. Disposal of service land in Sironj Region when services no longer

required.

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- If the Collector declares that the services rendered by a village servant in any
village in the Sironj region are no longer required, such village servant shall
become a bhumiswami in respect of his service land and be liable to pay land
revenue accordingly.

Chapter-XIV Occupancy Tenants

185. Occupancy tenants.

(1) Every person who at the coming into force of this Code holds-

(i) in the Mahakoshal region -

(a) any land, which before the coming into force of the Chhattisgarh Land
Revenue Code, 1954 (II of 1955), was malik-makbuza and of which
such person had been recorded as an absolute occupancy tenant; or

(b) any land as an occupancy tenant as defined in the Chhattisgarh Land

Revenue Code, 1954 (II of 1955); or

(c) any land as an ordinary tenant as defined in the Chhattisgarh Land

Revenue Code, 1954 (II of 1955); or

(ii) in the Madhya Bharat region -

(a) any Inam land as a tenant, or as a sub-tenant or as an ordinary tenant;

or

Explanation. - The expression "Inam Land" shall have the same meaning as
assigned to it in the Madhya Bharat Muafi and Inam Tenants and Sub-
Tenants Protection Act, 1954 (32 of 1954).

(b) any land as ryotwari sub-lessee as defined in the Madhya Bharat

Ryotwari Sub-Lessees Protection Act, 1955 (29 of 1955); or

(c) any Jagir land as defined in the Madhya Bharat Abolition of Jagirs Act,
1951 (28 of 1951), as a sub-tenant or as a tenant of a sub-tenant; or

(d) any land of a proprietor as defined in the Madhya Bharat Zamindari

Abolition Act, 1951 (13 of 1951), as a sub-tenant or as a tenant of a sub-
tenant;

(iii) in the Vindhya Pradesh Region any land as a sub-tenant of a

pachpan paintalis tenant, pattedar tenant, grove holder or
holder of a tank as defined in the Vindhya Pradesh Land

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Revenue and Tenancy Act, 1953 (III of 1955); or

(iv) in the Bhopal region-

(a) any land as a sub-tenant as defined in the Bhopal State Sub-tenants

Protection Act, 1952 (VII of 1953); or

(b) any land as a shikmi from an occupant as defined in the Bhopal State
Land Revenue Act, 1932 (IV of 1932); or

(v) in the Sironj region-

(a) any land as a sub-tenant of a khatedar tenant or grove holder as

defined in the Rajasthan Tenancy Act, 1955 (3 of 1955); or

(b) any land as a sub-tenant or tenant of Khudkasht as defined in the

Rajasthan Tenancy Act, 1955 (3 of 1955);

shall be called an occupancy tenant and shall have all the rights and be
subject to all the liabilities conferred or imposed upon an occupancy tenant
by or under this Code.

(2) Where any land referred to in item (c) or (d) of clause (ii) of sub-section (1) is
at the time of coming into force of this Code, in actual possession of a tenant
of a sub-tenant, then such tenant and not the sub-tenant shall be deemed to
be the occupancy tenant of such land.

(3) Nothing in sub-section (1) shall apply to a person who at the coming into
force of this Code, holds the land from a bhumiswami who belongs to any
one or more of the classes mentioned in sub-section (2) of Section 168.

(4) Nothing in this section shall affect the rights of a sub-tenant of tenant of a
sub-tenant belonging to any of the categories specified in items (c) and (d) of
clause (ii) of sub-section (1) to acquire the rights of a pakka tenant in
accordance with the provisions of the Madhya Bharat Abolition of Jagirs Act,
1951 (28 of 1951), or of the Madhya Bharat Zamindari Abolition Act, 1951 (13
of 1951), as the case may be.

186. Maximum rent.

- Notwithstanding any agreement or usage or any decree or order of a Court or any

law to the contrary, the maximum rent payable by an occupancy tenant in respect
of the land held by him shall not exceed-

(a) in the case of any class of irrigated land-four times the land revenue assessed

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on such land;

(b) in case of bandh land in the Vindhya Pradesh region-three times the land
revenue assessed on such land; and

(c) in any other case-two times the land revenue assessed :

Provided that where such land is exempt from payment of land revenue under
Section 58-A, the maximum rent aforesaid shall be reduced by the amount of land
revenue so exempted under the said section.

Explanation. - Where any land has not been assessed to land revenue, the multiples
aforesaid shall be calculated on the basis of the land revenue assessable on such
land.

187. Commutation.

(1) Where an occupancy tenant pays his rent in kind, in terms of service, labour,
crop share or a specified quantity of gram, he may apply to the Sub-
Divisional Officer for commuting the same into cash.

(2) On receipt of an application under sub-section (1), the Sub-Divisional Officer

shall after holding an enquiry commute by an order in writing such rent into
cash, which shall not exceed the maximum rent laid down in Section 186.

188. Rent.

(1) The rent payable by an occupancy tenant shall, as from the commencement
of the agricultural year next following the date of the coming into force of
this Code, be the maximum rent laid down in Section 186 or if the rent
agreed upon between the tenant and his bhumiswami is less than the
maximum rent, then such agreed rent :

Provided that where the agreed rent is payable in kind, the tenant shall be
liable to pay, until such rent commuted into cash under Section 187 the
maximum rent laid down in Section 186.

(2) Every occupancy tenant shall pay the rent to his bhumiswami on or before
such date as may be prescribed in that behalf.

189. Resumption by bhumiswami in certain cases.

(1) A bhumiswami whose land is held by an occupancy tenant belonging to any

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of the categories specified in sub-section (1) of Section 185, except in items

(a) and (b) of clause (i) thereof may, if the area of land under his personal
cultivation is below twenty-five acres of unirrigated land, within one year of
the coming into force of this Code, make an application to the Sub-Divisional
Officer for resumption to land held by his occupancy tenant for Ms personal
cultivation.

(2) On receipt of the application, the Sub-Divisional Officer shall, after hearing
the parties and making such further enquiry as may be necessary decide the
application :

Provided that the right of resumption shall be limited to the area which
together with the area already under the personal cultivation of the
bhumiswami shall not exceed twenty-five acres of unirrigated land :

Provided further that no resumption shall be allowed so as to reduce the

total area of land in possession of the occupancy tenant below :

(i) twenty-five acres of unirrigated land if the occupancy tenant has been
holding such land from a bhumiswami not belonging to any of the
classes mentioned in sub-section (2) of Section 168, for more than five
years prior to the coming into force of this Code;

(ii) ten acres in any other case.

(3) Where under an order passed under sub-section (2) the bhumiswami is
allowed to resume a part of the land held by the occupancy tenant from such
bhumiswami, the Sub-Divisional Officer shall select and demarcate the land
allowed to he resumed in accordance with such rules as may be made in that
behalf. The resumption shall be allowed only if the bhumiswami agrees to
pay (he occupancy tenant such compensation as the Sub-Divisional Officer
may, after hearing the parties, fix for the improvement effected by the
occupancy tenant for the land allowed to be resumed by the bhumiswami.
The Sub-Divisional Officer shall also in such a case fix the rent in the
prescribed manner in respect of the land left with the occupancy tenant.

(4) Every order allowing resumption shall take effect from the agricultural year
next following the date of the order and the tenancy of the occupancy tenant
in respect of the land resumed shall stand terminated.

Explanation. - For the purpose of this section-

(1) the land under the personal cultivation of bhumiswami shall include-

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(a) any land transferred by him by sale or otherwise on or after the 1st
January, 1959; and

(b) any land allowed by him to lie fallow.

(2) One acre of irrigated land shall be deemed to be equal to two acres of
unirrigated land and vice versa.

190. Conferral of bhumiswami rights on occupancy tenants.

(1) Where a bhumiswami whose land is held by an occupancy tenant belonging

to any of the categories specified in sub-section (1) of Section 185 except in
items (a) and (b) of clause (i) thereof fails to make an application under sub-
section (1) of Section 189 within the period laid down therein, the rights of a
bhumiswami shall accrue to the occupancy tenant in respect of the land held
by him from such bhumiswami with effect from the commencement of the
agricultural year next following the expiry of the aforesaid period.

(2) Where an application is made by a bhumiswami in accordance with the

provision of sub-section (1) of Section 189, the rights of a bhumiswami shall
accrue to the occupancy tenant in respect of the land remaining with him
after resumption if any allowed to the bhumiswami with effect from the
commencement of the agricultural year next following the date on which the
application is finally disposed of.

(2-A) Where the land of a bhumiswami is held by an occupancy tenant other

than an occupancy tenant referred to in sub-section (1), the rights of a
bhumiswami shall accrue to the occupancy tenant in respect of such land-

(a) in the case of occupancy tenants of the categories specified in items (a)
and (b) of clause (i) of sub-section (1) of Section 185, with effect from
the commencement of the agricultural year next following the
commencement of the Principal Act;

(b) in any other case, with effect from the commencement of the
agricultural year next, following the date on which the rights of an
occupancy tenant accrue to such tenant.

(3) Where the rights of a bhumiswami accrue to an occupancy tenant under

sub-section (1), sub-section (2) or sub-section (2-A) such occupancy tenant
shall be liable to pay to his bhumiswami compensation equal to fifteen times
the land revenue payable in respect of the land in five equal annual
instalments, each instalment, being payable on the date on which the rent

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payable under Section 188 for the corresponding year falls due, and if
default is made in payment, it shall be recoverable as an arrear of land
revenue :

Provided that if from any cause the land revenue is suspended or remitted in
whole or in part in any area in any year, the annual instalment of
compensation payable by an occupancy tenant holding land in such area in
respect of that year shall be suspended and shall become payable one year
after the last of the remaining instalments.

(4) Any occupancy tenant may at his option pay the entire amount of
compensation in a lump sum and where an occupancy tenant exercise this
option, he shall be entitled to a rebate at the rate of ten per cent.

(5) The amount of compensation, whether paid in lump sum or in annual

instalments, shall be deposited in such manner and form as may be
prescribed by the occupancy tenant with the Tahsildar, for payment to the
bhumiswami.

(6) Where the rights of a bhumiswami in any land accrue to an occupancy

tenant under this section, he shall be liable to pay the land revenue payable
by the bhumiswami in respect of such land with effect from the date of
accrual of such rights.

191. Restoration of occupancy tenant.

(1) If the bhumiswami in whose favour an order of resumption is passed under

sub-section (2) of Section 189 fails to cultivate such land personally during
the agricultural year next following the date on which the order is passed,
the occupancy tenant may within such time as may be prescribed, make an
application to the Sub-Divisional Officer for restoration of such land to him :

Provided that the occupancy tenant shall not be entitled to make the
application if he in any way obstructs the bhumiswami in taking possession
of or cultivating such land.

(2) On receipt of the application, the Sub-Divisional Officer may, after giving to
the bhumiswami an opportunity of being heard and making such further
enquiry as may be deemed necessary, pass an order restoring possession of
the land in question to the occupancy tenant, and where such order is
passed, the occupancy tenant shall be placed in possession of the land at the
commencement of the agricultural year next following the date of the order
and the rights of bhumiswami shall then accrue to him and the provisions of

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Section 190 except sub-section (2) thereof shall apply accordingly.

(3) If there is any dispute regarding the rent payable for the land restored under
sub-section (2), it shall be decided by the Sub-Divisional Officer.

(4) Where any land is restored to an occupancy tenant under sub-section (2), the
bhumiswami against whom restoration is ordered, shall for ever be
debarred from claiming resumption of any land of such occupancy tenant
under Section 189.

192. Devolution of rights of occupancy tenants.

- The interest of an occupancy tenant in his holding shall, on his death, pass by
inheritance or survivorship in accordance with his personal law.

193. Termination of tenancy.

(1) The tenancy of an occupancy tenant in his holding shall be liable to

terminate by an order of the Sub-Divisional Officer made on any of the
following grounds, namely,-

(a) he has failed to pay on or before the due date in any agricultural year
the rent of such land for that year; or

(b) he has done any act which is destructive or permanently injurious to

the land; or

(c) he has used such land for a purpose other than agriculture; or

(d) he has transferred his interest in the land in contravention of Section

195.

(2) No order for the termination of his rights in the land on the ground specified
in clause (a) of sub-section (1) shall be passed unless the Sub-Divisional
Officer has by notice called upon the occupancy tenant to tender the rent due
together with cost of proceedings within such period as may be specified by
the Sub-Divisional Officer in the notice and the tenant has failed to deposit
the required amount within the said period.

(3) No proceedings on the ground specified in clause (b) of sub-section (1) shall
lie unless the bhumiswami of such land has served on the occupancy tenant
a notice in writing specifying the act of destruction or injury complained of
and the tenant has failed within a period of six months from the date of
service of notice or within such further period as the Sub-Divisional Officer

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may grant to restore the land to the condition in which it was before such
destruction or injury.

194. Provisions applicable to occupancy tenant whose tenancy is terminated.

(1) The following provisions shall be applicable in the case of every occupancy
tenant whose tenancy is terminated, namely :-

(a) if the occupancy tenant has, before the date of termination, sown or
planted crops in any land comprised in the holding he shall be
entitled, at the option of the bhumiswami of such land, either to retain
possession of such land and to use it for the purpose of tending and
gathering in the crops, or to receive from the bhumiswami of such
land, the value of the labour and capital expended by him in
preparing such land and sowing, planting and tending such crops,
together with reasonable interest thereon;

(b) if the occupancy tenant has, before the date of termination prepared
for sowing any land comprised in his holding, but has not sown or
planted crops thereon, he shall be entitled to receive from the
bhumiswami of such land the value of the labour and capital
expended by him in preparing such land together with reasonable
interest thereon :

Provided that-

(i) an occupancy tenant shall not be entitled to retain his land or receive
any sum in respect thereof under this section if, after the
commencement of proceedings by the bhumiswami of such land for
termination, he has cultivated or prepared such land contrary to local
usage;

(ii) the rent, if any payable to the bhumiswami of such land by the
occupancy tenant at the time of termination may be set off against any
sum payable to the occupancy tenant under this section;

(c) if the occupancy tenant has, before the date of termination, effected
any improvement of any land comprised in his holding, he shall be
entitled to receive from the bhumiswami of such land compensation
for it as the Revenue Officer may, after hearing the parties, determine.

(2) The Revenue Officer terminating the tenancy shall determine the amount, if
any, payable under sub-section (1).

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195. Occupancy tenant's rights of transfer.

(1) No occupancy tenant shall be entitled to transfer by way of sale, gift,

mortgage, sub-lease or otherwise his right in the land or any portion thereof,
and every such sale, gift, mortgage, sub-lease or other transfer shall be
voidable as provided in Section 197 :

Provided that a sub-lease may be granted by or on behalf of an occupancy

tenant if such person belongs to any of the categories mentioned in sub-
section (2) of Section 168.

Explanation. - For the purposes of this section the expression 'sub-lease' shall
be construed as having the same meaning as assigned to lease' in Section
168.

(2) Nothing in sub-section (1) shall prevent an occupancy tenant from

transferring his holding or any part thereof by sale or gift to any co-tenant or
any person who, if he survived the tenant without nearer heirs, would
inherit the holding.

(3) Nothing in this section shall prevent an occupancy tenant from transferring
any right in his land to secure payment of, or shall affect the right in his land
to secure payment of, or shall affect the right of the State Government to sell
such right for the recovery of an advance made to him under the Land
Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists' Loans Act,
1884 (XII of 1884).

(4) Nothing in this section shall prevent an occupancy tenant from transferring
any right in his holding to secure payment of an advance made to him by a
Co-operative Society or shall affect the right of such society to sell such right
for the recovery of such advance.

(5) Except in pursuance of a transfer permitted under any of the foregoing

provisions, or in the case of proceedings for recovery of arrears of any
annual instalment of compensation, no decree or order shall be passed for
the sale of the interest of an occupancy tenant in his holding nor shall such
interest be attached or sold in execution of any decree or order nor shall a
receiver be appointed to manage such holding under Section 51 of the Code
of Civil Procedure, 1908 (V of 1908), nor shall such interest vest in the Court
or in a receiver under the Provincial Insolvency Act, 1920 (V of 1920).

196. Right of occupancy tenant to make improvement.

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- An occupancy tenant of land held for the purpose of agriculture is entitled to

make any improvement thereon for the better cultivation of the land or its more
convenient use for the purpose aforesaid.

197. Right of certain persons to apply to set aside transfers by occupancy

tenants.

(1) If an occupancy tenant transfers his rights in his holding or any portion
thereof in contravention of Section 195, any co-tenant or any person who, if
he survived the tenant without nearer heirs, would inherit the holding or the
bhumiswami of whom such person holds the land, may apply to the Sub-
Divisional Officer to be placed in possession and the Sub-Divisional Officer,
may in accordance with the rules made under Section 258 place the
applicant in possession subject to his acceptance of the liabilities of the
occupancy tenant for arrears of rent and for advance for necessary expenses
of cultivation.

(2) Where more persons than one apply under sub-section (1), they shall be
entitled to be placed in possession in the following order of priority :-

(i) any person who if he survived the tenant would inherit the holding;

(ii) co-tenant; and

(iii) bhumiswami of whom the occupancy tenant holds the land.

198. Surrender.

(1) Any occupancy tenant may, by executing in favour of the bhumiswami not
less than thirty days before the commencement of the agricultural year a
registered document, surrender his rights and thereupon he shall cease to be
an occupancy tenant from the agricultural year next following such date. No
surrender shall be valid unless effected by a registered instrument.

(2) Notwithstanding anything to the contrary in the Indian Stamps Act, 1899 (II
of 1899), or the Indian Registration Act, 1908 (XVI of 1908), instruments of
surrender executed by occupancy tenants in pursuance of the provisions of
this section, shall be exempted from payment of stamp duty and registration
fee chargeable thereon.

(3) On a surrender being executed under sub-section (1), a bhumiswami shall be

entitled to take possession of land only to the extent of his right of
resumption under Section 189 and the excess land, if any, shall vest in the

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State Government and the bhumiswami shall be paid compensation for such
excess land, which shall be equal to two times the rent payable therefor
under Section 188.

(4) Where any land vests in the State Government under sub-section (3), the
bhumiswami shall specify such land within the prescribed period and in the
prescribed manner and on his failure to do so within such period, such land
shall be specified by the Sub-Divisional Officer.

(5) After such land has been specified in accordance with the provisions of sub-
section (4), the Sub-Divisional Officer shall demarcate it in accordance with
such rules as may be made in that behalf and also fix the land revenue in
respect of land resumed by the bhumiswami.

199. Receipt.

- Every bhumiswami shall give a written receipt for the amount of rent at the time
when such amount is received by him in respect of any land in such form and in
such manner as may be prescribed.

200. Penalty for failure to give receipt or for excess recovery.

- If any bhumiswami fails to give a receipt as required by Section 199 or receives by

way of rent any amount in excess of the rent payable under this Code, he shall, on
the application of the occupancy tenant be liable by an order of the Tahsildar to
refund the excess amount recovered and to pay as penalty a sum not exceeding
[two thousand] [Substituted 'two hundred' by C.G. Act No. 32 of 2013, dated
16.8.2013.] rupees, not exceeding twice such amount and the Tahsildar may direct
that the whole or part of such sum shall be adjusted towards the amount of
compensation payable by the occupancy tenant.

201. Remission and suspension of rent consequent on like treatment of land

revenue.

(1) If from any cause the payment of the whole or any part of the land revenue
payable in respect of any land is remitted or suspended, the Collector may,
by general or special order, remit or suspend, as the case may be, the
payment of the rent, of such land, to an amount which would bear the same
proportion to the whole of the rent payable in respect of the land as the land
revenue of which the payment has been remitted or suspended, bears to the
whole of the land revenue payable in respect thereof, and may distribute the

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amount so remitted or suspended amongst the occupancy tenants holding

such land in such manner as may seem to him to be equitable having regard
to the effect on their holdings of the cause which has led to the remission or
suspension of the land revenue.

(2) If the payment of rent has been suspended, the period of suspension shall be
excluded in the computation of the period of limitation prescribed for the
recovery of such rent.

(3) The provisions of sub-sections (1) and (2) shall apply to land of which the
land revenue has been wholly or in part released, compounded for or
redeemed, in any case in which if the land revenue in respect of the land had
not been released, compounded for or redeemed, the whole or any part of it
might in the opinion of the Collector, have been remitted or suspended.

202. Reinstatement of wrongfully ejected occupancy tenant.

(1) If any person who immediately before the coming into force of this Code
held land in any region in any of the capacities mentioned in Section 185, has
been ejected or dispossessed of any land held by him during the three years
immediately preceding the coming into force of this Code, otherwise than by
process of law, may within two years from the date of coming into force of
this Code, apply to the Tahsildar for his reinstatement in such land.

(2) If any person who on the coming into force of this Code, holds land as an
occupancy tenant has been ejected from or dispossessed of any land held by
him, after the coming into force of this Code in contravention of its
provisions may within two years from the date of such ejectment or
dispossession, apply to the Tahsildar for his reinstatement in such land.

(3) On receipt of an application under sub-section (1) or (2), the Tahsildar shall,
after making an enquiry into the respective claims of the parties, decide the
application and when he orders the restoration of the possession to the
occupancy tenant, put him in possession of the land.

(4) The Tahsildar may, at any stage of enquiry pass under sub-section (3) an
interim order for handing over the possession of the land to the applicant, if
he finds that he was ejected or dispossessed by the opposite party within six
months prior to the submission of the application under sub-section (1) or
(2), and the opposite party shall, if necessary, be ejected under his order.

(5) When an interim order has been passed under sub-section (4), the opposite
party may be required by the Tahsildar, to execute a bond for such sum as he

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may deem fit for abstaining from taking possession of land until the final
order is passed by him.

(6) 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.

(7) If the order passed under sub-section (3) is in favour of the applicant, the
Tahsildar shall also award a reasonable compensation to be paid to the
applicant by the opposite party :

Provided that the amount of compensation shall not exceed ten times the
revenue of the land for each year's occupation.

(8) The compensation awarded under this section shall be recoverable as an

arrear of land revenue.

(9) The Tahsildar shall have the power to review suo motu cases of wrongful
ejectment, or dispossession, whether by surrender or otherwise of
occupancy tenants in any areas to be notified by the State Government in
this behalf. Where action is taken under this sub-section, the provisions of
the foregoing sub-sections shall, as far as may be, apply.

Chapter-XV Alluvion and Diluvion

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 during the current term of settlement, unless the area added to his
holding exceeds one acre.

(2) When the area of the alluvial land added to a holding exceeds one acre and it
appears to the Sub-Divisional Officer that such land may, with due regard to
the interest of the public convenience and public revenue, be disposed of, he
shall offer such land in bhumiswami rights to the bhumiswami of such
holding at a premium which shall not exceed twenty times the fair
assessment of the land so formed. If the said bhumiswami shall refuse the
offer, the Sub-Divisional Officer may dispose of the land in the prescribed
manner.

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(3) Where any holding is diminished in area by diluvion to an extent greater

than one acre, the land revenue payable on such holding shall be reduced.

204. Power to make assessment and decide disputes.

(1) The Sub-Divisional Officer shall have power, subject to rules made under this
Code, to assess all increase and reduction in land revenue which are
required or permitted under this Chapter.

(2) The Sub-Divisional Officer shall also have power to decide any dispute which
may arise relating to the distribution of alluvial land among the various
bhumiswamis claiming such land.

Chapter-XVI Consolidation of Holdings

205. Definitions.

- In this Chapter-

(i) "Consolidation of holding" means the redistribution of all or any of the land
in a village, so as to allot to the bhumiswami continuous plots of land for the
convenience of cultivation;

(ii) "Consolidation Officer" means a Revenue Officer, not below the rank of a
Tahsildar, appointed by the State Government for any district or districts to
exercise the powers, and to perform the duties of a Consolidation Officer
under this Code.

206. Initiation of consolidation proceedings.

(1) Any two or more bhumiswamis in a village holding together not less than the
minimum area of land prescribed by rules made under Section 221, may
apply in writing stating such particulars as may be prescribed by rules made
under Section 221, to the Consolidation Officer for the consolidation of their
holdings.

(2) The Collector may of his own motion direct the Consolidation Officer to make
an enquiry into the feasibility of consolidation of holdings in any village.

(3) If two-thirds of the bhumiswamis in a village apply for consolidation of their

holdings or if in the course of an enquiry into an application made under
sub-section (1) or sub-section (2) two-thirds of the bhumiswamis of the
village make an application agreeing to the consolidation of their holdings,

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such application shall be deemed to be the application on behalf of all the

bhumiswamis of the village.

(4) If in a case falling under sub-section (3), any scheme of consolidation of

holdings is confirmed, it shall be binding on all the bhumiswamis of the
village, and on any person who may subsequently be entitled to hold or
occupy the land.

(5) In any other case, if any scheme of consolidation of holdings is confirmed, it

shall be binding on the applicants and those who have agreed to the
consolidation of their holdings and on any person who may subsequently be
entitled to hold or occupy the land affected by the scheme.

207. Rejection of application.

(1) If on receipt of any such application or at any stage of the proceedings

thereon, there appears to be good and sufficient reason for disallowing the
application or for excluding the case of any applicant from consolidation, the
Consolidation Officer may submit the application to the Collector with a
recommendation that the application be rejected in whole or in part, or that
the proceedings be quashed.

(2) The Collector, on receipt of the recommendation, may accept it and pass
orders accordingly or may order further inquiry.

208. Admission of application.

- If the Consolidation Officer admits the application, he shall proceed to deal with
the same in accordance with the procedure laid down by or under this Code.

209. Preparation of scheme for consolidation of holdings.

(1) If the bhumiswamis making the application under Section 206 submit a
scheme of consolidation of holdings mutually agreed to, the Consolidation
Officer, shall, in the manner laid down by rules made under Section 221
examine it and, if necessary, modify it.

(2) If no scheme is submitted with the application, the Consolidation Officer

shall prepare a scheme for the consolidation of holdings in the manner laid
down by rules made under Section 221.

(3) If the Consolidation Officer is of the opinion that the re-distribution of land

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in accordance with a scheme of consolidation will have the result of allotting

to any bhumiswami a holding or land of a less market or productive value
than that of his original holding or land, the scheme may provide for the
payment of compensation to such bhumiswami by such person or persons as
the Consolidation Officer may direct.

(4) Where the scheme of consolidation is complete, the Consolidation Officer,

after considering and as far as possible removing the objections, if any, made
to the scheme, shall submit it for confirmation to the Collector.

(5) When the scheme of consolidation is complete, and if all the bhumiswamis
affected by such scheme, agreed to enter into possession of the holdings
allotted to them thereunder, the Consolidation Officer may allow them to
enter into such possession from a date to be mentioned in the scheme.

210. Confirmation of scheme.

- The Collector may either confirm the scheme with or without modification or
refuse to confirm it after considering the objection or objections, if any, to the
scheme of consolidation and the recommendation of the Consolidation Officer. The
decision of the Collector, subject to any order that may be passed in revision by the
Settlement Commissioner under Section 50, shall be final.

211. Procedure on confirmation.

(1) Upon confirmation of the scheme of consolidation, the Consolidation Officer

shall, if necessary, demarcate the boundaries of the holdings and shall
proceed to announce the decisions finally made and cause to be prepared in
accordance with the scheme, a new field map, record-of-rights, other records
prescribed under Section 114, Nistar Patrak and Wajib-ul-arz.

(2) The new records prepared under sub-section (1) shall be deemed to have
been prepared under Chapter IX or XVII, as the case may be.

212. Right of bhumiswamis to possession of holdings.

- The bhumiswami affected by the scheme of consolidation, if they have not

entered into possession under sub-section (5) of Section 209, shall be entitled to
possession of the holdings allotted to them under the scheme, from the
commencement of the agricultural year next following confirmation; and the
Consolidation Officer shall, if necessary, put them, by warrant in possession of the
holdings to which they are entitled :

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Provided that if all the bhumiswamis agree, they may, after confirmation, be put
into possession of their holdings by the Consolidation Officer from any earlier date.

213. Transfer of rights of bhumiswamis in holdings.

(1) Notwithstanding anything contained in this Code, the rights of bhumiswamis

in their holdings shall, for the purpose of giving effect to any scheme of
consolidation affecting them, be transferable by exchange or otherwise and
no person shall be entitled to object to or interfere with any transfer made
for the said purpose.

(2) The Consolidation Officer may also transfer by exchange or otherwise any
land belonging to the State Government where such transfer is necessary for
the purpose of giving effect to any scheme of consolidation.

214. No instrument necessary to effect transfer.

- Notwithstanding anything contained in any law for the time being in force-

(a) no instrument in writing shall be necessary in order to give effect to a

transfer involved in carrying out any scheme of consolidation of holdings;
and

(b) no such instrument, if executed, shall require registration.

215. Costs of carrying out scheme.

(1) The Consolidation Officer shall, unless the State Government for sufficient
reasons directs otherwise, recover from the bhumiswamis whose holdings
are affected by the scheme for consolidation of holdings, the cost of carrying
out the scheme, which shall be assessed in accordance with rules made
under Section 221.

(2) The Consolidation Officer shall apportion the costs among the bhumiswamis
liable to pay them according to occupied area of the holdings affected by the
scheme.

216. Recovery of compensation and cost.

- Any amount payable as compensation under sub-section (3) of Section 209, or as

costs under Section 215, may be recovered as an arrear of land revenue.

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217. Suspension of partition proceedings during currency of consolidation

proceedings.

- When an application for the consolidation of holdings has been admitted under
Section 208, no proceedings for partition of the holdings which will affect the
scheme of consolidation shall be commenced and all such proceedings pending
shall remain in abeyance during the continuation of the consolidation proceedings.

218. Transfer of property during proceedings.

- When an application for the consolidation of holdings has been admitted, no

bhumiswami upon whom the scheme will be binding shall have power, during the
continuance of the consolidation proceedings, to transfer or otherwise deal with
any part of his original holding or land so as to affect the rights of any other
bhumiswami thereto under the scheme of consolidation.

219. Rights of bhumiswamis after consolidation same as before.

- A bhumiswami shall have the same rights in the holding or land allotted to him in
pursuance of a scheme of consolidation as he had in his original holding.

220. Encumbrances of bhumiswamis.

(1) If the holding of any bhumiswami brought under the scheme of

consolidation is validly burdened with any lease, mortgage or other
encumbrance, such lease, mortgage or other encumbrance, shall be
transferred and shall attach to the holding allotted to him under the scheme
or to such part of it as the Consolidation Officer, subject to any rules that may
be made under Section 221, may have appointed in preparing the scheme;
and thereupon, the lessee, mortgagee or other encumbrancer, as the case
may be, shall cease to have any right in or against the land from which the
lease, mortgage or other encumbrance has been transferred.

(2) Notwithstanding anything contained in sub-section (1) or any other

enactment for the time being in force the Consolidation Officer shall, if
necessary, put any lessee or any mortgagee or other encumbrancer entitled
to possession, by warrant, into possession of the holding or part of a holding
to which his lease, mortgage or other encumbrance has been transferred
under sub-section (1).

221. Power to make rules.

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(1) The State Government may make rules for the purpose of carrying into effect
the provisions of this Chapter.

(2) In particular and without prejudice to the generality of the foregoing power,
the State Government may make rules-

(a) prescribing the minimum area of land to be held by the persons

making an application under sub-section (1) of Section 206;

(b) providing for the particulars to be contained in any application made

under Section 206;

(c) providing for the procedure to be followed by the Consolidation

Officer in dealing with applications for the consolidation of holdings
and for the appointment and constitution of any Advisory Committee
or Panchayat to assist the Consolidation Officer in the examination or
preparation of the scheme;

(d) for determining the compensation to be paid in cases falling under

sub-section (3) of Section 209;

(e) for regulating the assessment of costs under Section 215;

(f) for determining the market or productive value of the different

holdings and lands brought under any scheme of consolidation;

(g) for the guidance of the Consolidation Officer in respect of the transfer
of encumbrances and leases under Section 220; and

(h) generally for the guidance of the Consolidation Officer and other
officers and persons in all proceedings under this Chapter.

222. Appointment of patels.

(1) Subject to rules made under Section 258, the Collector may appoint for each
village or group of villages one or more patels.

(2) When there are two or more patels in a village, the Collector may distribute,
subject to rules made under Section 258, duties of the office of patel in such
manner as he may think fit.

(3) Where in the Vindhya Pradesh region, patwari has been performing the
duties imposed on a patel under this Code immediately before the
commencement of this Code, he shall continue to perform such duties and
shall be deemed to be patel for purposes of this Code, until a Patel is

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appointed under sub-section (1).

223. Remuneration of patels.

- The remuneration of patels shall be fixed by the Collector in accordance with

rules made by the State Government.

224. Duties of patels.

- It shall be the duty of every patel -

(a) to collect and pay into the -

(i) 'Gram Kosh' the collection of land revenue and other related taxes and
cesses payable through him after deducting the collection charges as
may be determined by the State Government from time to time.

(ii) Government Treasury the collection charges under sub-clause (i) and
such other Government dues ordered to be collected by him.

(b) to furnish reports regarding the state of his village at such places and times
as the Collector may fix in this behalf;

(c) as far as possible to prevent encroachments on waste land, public paths, and
roadways in the villages;

(d) to preserve such stations and boundary marks erected in his village by
surveyors in the service of Government as may be made over to his care and
to report any damage caused to such marks;

(e) subject to rules made under Section 258, to keep the village in good sanitary
condition;

(f) to prevent unauthorised cutting of wood or unauthorised removal of any

minerals or other properties belonging to the State Government;

(g) to control and superintend the kotwar, to report his death or absence from
his duty and to take such steps as may be necessary to compel him to
perform his duties;

(h) to perform such other duties as may be prescribed by rules made under
Section 258.

225. Duties imposed under any law upon land holders deemed to be imposed

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on patels.

- If by any enactment for the time being in force, any public duties are imposed on
or public liabilities are declared to attach to landholders, their managers or agents,
such duties shall be deemed to be imposed upon and such liabilities shall be held to
attach to patels appointed under this Code :

Provided that nothing herein contained shall discharge the land-holders, their
managers or agents from any duties or liabilities otherwise imposed upon them by
law.

226. Removal of patels.

- Subject to rules made under Section 258, the Collector may remove from office
any patel.

227. Punishment of patels.

- A Patel who is found negligent in the performance of any duty assigned to him
under Section 224 or 225, shall be liable under the order of the Tahsildar to a fine
which may extend to [one thousand] [Substituted 'twenty' by C.G. Act No. 32 of 2013,
dated 16.8.2013.] rupees.

228. Appointment of substitute patel.

- Where a patel is temporarily unable to perform his duties the Sub-Divisional

Officer may, on his application or otherwise, appoint a substitute for a period of not
exceeding, six months and the substitute so appointed shall, for all the purposes of
this Code, be deemed to be a patel.

229. Entrustment of village management.

- Notwithstanding anything contained in this Code, the State Government may

entrust the management of a village or the performance of the duties entrusted to
a patel, to a Gram Panchayat or where a Gram Panchayat has not been constituted,
to a Gram Sabha constituted in accordance with the provisions of Section 232.

B-Kotwars

230. Appointment of kotwars and their duties.

(1) Tor each village or group of villages, there shall be appointed, in accordance

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with rules made under Section 258, one or more kotwars for the
performance of such duties as may be prescribed :

Provided that in the Madhya Bharat region the duties of kotwars under this
section shall be performed by the Police Chowkidars who shall, on the
coming into force of this Code, be deemed to be kotwars under this section,
and be subject in all respects to the control of Revenue Officers.

(2) Every person who at the coming into force of this Code holds the post of a
village watchman in the Bhopal and Sironj regions or of a chowkidar in the
Vindhya Pradesh region shall be deemed to be a kotwar under this section.

231. Remuneration of kotwars.

- The State Government may, by general order, subject to such restrictions, terms
and conditions as may be mentioned therein, fix the remuneration of Kotwars
either prospectively or retrospectively but such retrospective effect shall not be
from a date earlier to the 1st March, 1982.

C-Gram Sabha

232. Gram Sabha.

(1) For the purpose of the management of a village, the State Government may
establish a Gram Sabha for a village or a group of villages for which a Gram
Panchayat has not been constituted under the law in force relating to
panchayats.

(2) The Gram Sabha shall consist of one Chairman, one Secretary and not less
than three other members who shall be elected in the prescribed manner by
the adult residents of the village or group of villages for which the Gram
Sabha is established.

(3) The term of the office of members shall be five years.

(4) Every Gram Sabha shall be a body corporate and shall have perpetual
succession and common seal and shall, by its name, sue and be sued. Subject
to any rules made in this behalf, it shall also have power to acquire, hold or
transfer property movable and immovable, to enter into contracts and do all
thing necessary for the purposes of performing the duties entrusted to it.

(5) Every Gram Sabha shall establish and maintain a fund and into such fund
shall be paid -

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(i) all sums recovered as grazing fees and such other fees and income
arising from the management of the village as the State Government
may prescribe; and

(ii) all sums contributed by the State Government or any local body or any
private person.

Such funds shall be applicable to the payment of charges and expenses

incidental to the several matters under the control and administration of the
Gram Sabha.

(6) The Collector shall exercise supervision over the working of the Gram Sabha
and may for sufficient cause dissolve any Gram Sabha and appoint any
person to perform its functions until it is reconstituted.

(7) In any village or group of villages for which a Gram Panchayat under the law
in force relating to panchayats has been established, such Gram Panchayats
shall perform the duties imposed upon and exercise the rights of a Gram
Sabha under this Code, and the Gram Sabha shall cease to exist.

(8) The State Government may, by notification, delegate to the Gram Sabha, such
of the duties of the Patel or any other function in connection with
agricultural or industrial development of a village as it may think fit.

Chapter XVIII
Rights in Abadi and Unoccupied Land and Its Produce

233. Record of unoccupied land.

- A record of unoccupied land shall, in accordance with rules made in this behalf be
prepared and maintained for every village showing separately-

(a) unoccupied land set apart for exercise of nistar rights under Section 237; x x
x.

(b) Omitted.

234. Preparation of Nistar Patrak.

(1) The Sub-Divisional Officer shall, consistently with the provisions of this Code
and the rules made thereunder, prepare a Nistar Patrak embodying a
scheme of management of all unoccupied land in a village and all matters
incidental thereto and more particularly matters specified in Section 235.

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(2) [ A draft of the Nistar Patrak shall be published in the village and after
ascertaining the wishes of the Gram Sabha, as prescribed, it shall be finalised
by the Sub-Divisional Officer.] [Substituted by C.G. Act No. 32 of 2013, dated
16.8.2013.]

(3) [ A copy of the Nistar Patrak so finalised shall be kept in the office of the
Gram Panchayat] [Substituted by C.G. Act No. 32 of 2013, dated 16.8.2013.] [:]
[Substituted '.' by C.G. Act No. 15 of 2014, dated 21.8.2014.]

[Provided that the provision of this section shall not apply in case of
notification of any revenue village as an urban area and adoption of a
development scheme.] [Added by C.G. Act No. 15 of 2014, dated 21.8.2014.]

(4) [ On a resolution passed by the Gram Sabha by a majority of not less than
two third of members present and voting, the Sub-Divisional Officer with the
prior sanction Of the Collector and after making such enquiry, may amend
the Nistar Patrak.] [Added by C.G. Act No. 32 of 2013, dated 16.8.2013.]

235. Matters to be provided for in Nistar Patrak.

- The matter which shall be provided for in the Nistar Patrak shall be as follows,
namely

(a) terms and conditions on which grazing of cattle in the village will be
permitted;

(b) the terms and conditions on which and the extent to which any resident may
obtain-

(i) wood, timber, fuel or any other forest produce;

(ii) mooram, kankar, sand, earth, clay, stones or any other minor mineral;

(c) instructions regulating generally the grazing of cattle and the removal of the
articles mentioned in paragraph (b);

(d) any other matter required to be recorded in the Nistar Patrak by or under
this Code.

236. Provision in Nistar Patrak for certain matters.

- In preparing the Nistar Patrak as provided in Section 235, the Collector shall, as
far as possible, make provision for-

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(a) free grazing of the cattle used for agriculture;

(b) removal free of charge by the residents of the village for their bona fide
domestic consumption of-

(i) forest produce;

(ii) minor minerals;

(c) the concessions to be granted to the village craftsmen for the removal of the
articles specified in clause (b) for the purpose of their craft.

237. Collector to set apart land for exercise of Nistar rights.

(1) Subject to the rules made under this Code, the Collector may set apart
unoccupied land for the following purposes, namely,-

(a) for timber or fuel reserve;

(b) for pasture, grass bir or fodder reserve;

(c) for burial ground and cremation ground;

(d) for gaothan;

(e) for encamping ground;

(f) for threshing floor;

(g) for bazar;

(h) for skinning ground;

(i) for manure pits;

(j) for public purposes such as schools, play grounds, parks, road, lanes,
drains and the like; and

(k) for any other purposes which may be prescribed for the exercise of
right of Nistar.

[***] [Omitted '(2) Lands set apart specially for any purpose mentioned in sub-
section (1), shall not otherwise be diverted without the sanction of the
Collector' by C.G. Act No. 4 of 2012, dated 9.1.2012.].

(3) [ Subject to the rules made under this Code, the Collector after securing the
land mentioned in clause (b) of sub-section (1) to minimum two percent of

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the total agriculture land of that village, may divert such excess land as
mentioned in clause (b) of sub-section (1) into any other purpose]
[Substituted by C.G. Act No. 4 of 2012, dated 9.1.2012.] [as agriculture, abadi,
residential projects, construction of roads, canals, tanks, hospitals, schools,
colleges, Government offices, public godowns, power system, gaushalas,
excavation of clay by potters, minor minerals or any other public utility
projects as may be determined, by the State Government.] [Substituted by
C.G. Act No. 1 of 2013, dated 27.12.2012.]

[(3-a) Where the land kept for the purposes mentioned under clause (b) of
sub-section (1) is found within the area identified for any industrial,
commercial or mining project, then the collector may divert such land for
the above mentioned purposes, but such diversion can be made only when
equivalent land is provided for the purpose of clause (b) of sub-section (1)
within the same village.] [Inserted by C.G. Act No. 18 of 2016, dated 25.4.2016.]

(4) [ When it becomes indispensable to divert the land set apart for the purposes
mentioned in sub-section (1) for such projects which are owned or approved
by the State Government, but not covered under sub-section (3), the
Collector, after satisfying himself that alternative land of equivalent area has
been made available for fulfilling the same Nistar Rights, may divert the land
for such purposes by passing a reasoned order to this effect.] [Inserted by
C.G. Act No. 4 of 2012, dated 9.1.2012.]

238. Rights in waste land of another village.

(1) Where the Collector is of the opinion that the waste land of any village is
insufficient and it is in public interest to proceed under this section, he may,
after such enquiry as he deems fit, order that the residents of the village
shall have a right of nistat or a right of grazing cattle, as the case may be, in
the neighbouring village to the extent specified in the order.

(2) The residents of a village having a right of grazing cattle in the neighbouring
village under sub-section (1) or Government forest may make an application
to the Collector for recording their right of passage for the purpose of
exercising the rights.

(3) If, on enquiry, into an application made under sub-section (2), the Collector
finds that the right of passage is reasonably necessary to enable such
residents to exercise a right to graze their cattle in any other village or in the
Government forest, he shall pass an order declaring their right to such
passage and shall state the conditions upon which it shall be exercised.

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(4) The Collector shall further determine the route of passage, and shall restrict
such route in such manner as to cause minimum inconvenience to the
residents of the village through which it passes.

(5) The Collector may, if he thinks fit, demarcate such route.

(6) Orders passed by the Collector under this section shall be recorded in the
Nistar Patrak.

(7) Where the villages mentioned in sub-section (1) lie in different districts the
following provisions shall apply, namely :-

(a) the orders specifying the right of nistar or the right of grazing cattle
shall be passed by the Collector in whose district the village over
which such right is claimed lies;

(b) any orders regarding route of passage shall be passed by the Collector
in whose respective jurisdiction the area over which passage is
allowed lies;

(c) the Collector passing an order in accordance with clauses (a) and (b)
shall consult in writing the other Collector concerned.

239. [Rights in fruit bearing trees and other trees planted in unoccupied land
and Bhata Land and Bade Jhad/ Chhote Jhad Ka Jungle.] [Substituted 'Rights
in fruit bearing trees and other trees planted in unoccupied land.' by C.G.
Act No. 31 of 2002 (w.e.f. 3.11.2002).]

(1) Where, before coming into force of this Code any fruit bearing tree was
planted by any person in the unoccupied land [and Bhata Land and Bade
Jhad/ Chhote Jhad Ka Jungle] [Inserted by C.G. Act No. 31 of 2002 (w.e.f.
3.11.2002).] of any village, and is so recorded, then notwithstanding that such
land vests in the State Government, such person, and his successor-in-
interest shall from generation to generation be entitled to possession and
usufruct of such trees without payment of any royalty or other charge
whatsoever therefor.

(2) The State Government or any Revenue Officer not below the rank of
Tahsildar as may be authorised by the State Government in this behalf, may
permit any person or persons to plant and grow fruit bearing or other
species of trees as may be specified in this behalf on unoccupied land of a
village that may be earmarked for the purpose and grant tree planting
permit and tree pattas to such person or persons in accordance with the

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provisions of this section and the rules made thereunder.

(3) The tree planting permit and the tree patta granted under this section shall
be, in such form and subject to such terms and conditions as may be
prescribed.

(4) The right conferred under this section shall be transferable but permit or
patta holder or his successor-in-interest shall have no right to the land on
which such tree stands except the right to grow trees on such land and enjoy
the usufructuary rights on such trees including the right in corpus of the tree
subject to the terms and conditions of the permit and patta :

Provided that no transfer by sale or by lease shall be made except with the
previous permission in writing of the officer authorised by the State
Government under sub-section (2).

(5) If any of the terms and conditions of tree planting permit or tree patta are
breached, the permit or patta shall be liable to be cancelled after affording a
reasonable opportunity of being heard to the holder thereof.

[(5-A) Permanent lease for such, Bhata Land, on which the provisions of the
Forest Conservation Act, 1980 (No. 69 of 1980) shall not apply, may be
granted.

(5-B) An agreement can be executed for plantation on Bade Jhad/ Chhote

Jhad Ka Jungle. No bhumiswami right shall accrue to the agreement holder
or of his/her heir of the land of Bade Jhad/ Chhote Jhad Ka Jungle and on the
trees planted on the above land. The agreement holder or his/her heir shall
be entitled to only usufruct of the trees.] [Inserted by C.G. Act No. 31 of 2002
(w.e.f. 3.11.2002).]

(6) The State Government may make rules for carrying out the purposes of this
section.

240. Prohibition of cutting of certain trees.

(1) If the State Government is of the opinion that the cutting of any tree is
detrimental to public interest or that it is necessary to prohibit or regulate
the cutting of certain trees for preventing erosion of soil, it may, by rules
made in this behalf, prohibit or regulate the cutting of such trees whether
such trees stand on the land belonging to bhumiswami or on land belonging
to State Government.

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(2) In framing rules under sub-section (1), the State Government may provide
that all or any of the rules shall apply only to such area as the State
Government may, by notification, specify.

(3) The State Government may make rules regulating the control, management,
felling or removal of the forest growth on the lands belonging to the State
Government.

241. Measures to prevent theft of timber from Government forest.

(1) If the State Government is satisfied that in order to prevent the theft of
timber from any Government forest it is necessary in the public interest to
regulate the felling and removal of timber in the villages comprised in any
area adjoining such forests, the State Government may, by an order
published in the Gazette, declare such area to be notified area for the
purposes of this section.

(2) Every order published under sub-section (1) shall be proclaimed in the
prescribed manner in all the villages comprised in the notified area.

(3) Notwithstanding anything contained in Section 179 but subject to the

provisions of sub-section (5), when an order has been proclaimed in any
village under sub-section (2), no person shall in pursuance of a transaction of
sale or for purposes of trade or business fell any timber tree in any holding
in such village or remove the corpus of any such tree from any such holding
except in accordance with such rules as may be made in that behalf.

(4) Any person who contravenes or attempts to contravene or abets the

contravention of the provisions of sub-section (3) or of any rule made
thereunder, shall, without prejudice to any other action that may be taken
against him, be liable on the order in writing of the Sub-Divisional Officer, to
pay a penalty not exceeding [twenty five thousand rupees] [Substituted 'five
thousand rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] as may be
imposed by him and the Sub-Divisional Officer shall further order
confiscation of any timber trees felled in contravention of the provisions of
this sub-section.

(5) Nothing in sub-sections (3) and (4) shall apply to the felling or removal up to
two cubic metres of timber from trees by any person from his land during a
period of one year for his bona fide agricultural or domestic purposes, if
such felling or removal is otherwise in accordance with the other provisions
of this Code. [However such person shall be required to get his land

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demarcated by the competent authority and to inform in writing the

Revenue Officer and Range Forest Officer having jurisdiction, at least 10 days
before felling or removal of such trees.] [Inserted by C.G. Act No. 31 of 2002
(w.e.f. 3.11.2002).]

242. Wajib-ul-arz.

(1) As soon as may be after this Code comes into force, the Sub-Divisional Officer
shall, in the prescribed manner, ascertain and record the customs in each
village in regard to-

(a) the right to irrigation or right of way of other easement;

(b) the right to fishing;

in any land or water not belonging to or controlled or managed by the State

Government or a local authority and such record shall be known as the
Wajib-ul-arz of the village.

(2) The record made in pursuance of sub-section (1), shall be published by the
Sub-Divisional Officer in such manner as may be prescribed.

(3) Any person aggrieved by any entry made in such record may, within one
year from the date of the publication of such record under sub-section (2),
institute a suit in a Civil Court to have such entry cancelled or modified.

(4) The record made under sub-section (1) shall, subject to the decision of the
Civil Court in the suit instituted under sub-section (3), be final and
conclusive.

(5) The Sub-Divisional Officer may, on the application of any person interested
therein or on his own motion, modify an entry or insert any new entry in the
Wajib-ul-arz on any of the following grounds

(a) that all persons interested in such entry wish to have it modified; or

(b) that by a decree in a civil suit it has been declared to be erroneous; or

(c) that being founded on a decree or order of a Civil Court or on the

order of a Revenue Officer it is not in accordance with such decree or
order; or

(d) that being so founded, such decree or order has subsequently been
varied on appeal, revision or review; or

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(e) that the Civil Court has by a decree determined any custom existing in
the village.

243. Abadi.

(1) Where the area reserved for abadi is in the opinion of the Collector
insufficient, he may reserve such further area from the unoccupied land in
the village as he may think fit.

(2) Where unoccupied land for purposes of abadi is not available, the State
Government may acquire any land for the extension of abadi.

(3) The provisions of the Land Acquisition Act, 1894 (1 of 1894), shall apply to
such acquisition and compensation shall be payable for the acquisition of
such land in accordance with the provisions of that Act.

244. Disposal of abadi sites.

- Subject to rules made in this behalf the Gram Panchayat or where a Gram
Panchayat has not been constituted, the Tahsildar shall dispose of sites in the abadi
area.

245. Rights to hold house site free of land revenue.

- A building site of reasonable dimensions in the abadi shall not be liable to the
payment of land revenue if such site is occupied by a kotwar or a person who holds
land or works as an agricultural artisan or an agricultural labourer in such village
or in a village usually cultivated from such village.

246. Right of persons holding house sites in abadi.

- Subject to the provisions of Section 244 every person who at the coming into force
of this Code lawfully holds any land as a house site in the abadi or who may
hereafter lawfully acquire such land shall be a bhumiswami in respect of such land
:

Provided that the allotment of house site under Gramin Avas Yojna to a landless
person on or after the commencement of the Chhattisgarh Land Revenue Code
(Amendment) Act, 1973 shall be subject to the following conditions :-

(i) that the allottee shall build a house on such land within a period of five years
from the date of allotment;

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(ii) that the allottee shall not transfer the land allotted to him or his interest
therein during a period of ten years from the date of allotment;

(iii) that in case of breach of any of the above conditions the land shall vest in the
State Government with effect from the date of breach.

Explanation. - For the purpose of this section "Gramin Avas Vikas Yojna" means the
scheme sponsored by the Government of India for the provision for house sites in
rural areas whereunder, on 100% grant assistance from the Government of India,
the State Government are to provide house sites free of cost to families of landless
workers in rural areas who do not already own a house site or a built-up house or
a hut on land of their own.

247. Government's title to minerals.

(1) Unless it is otherwise expressly provided by the terms of a grant made by the
Government, the right to all minerals, mines and quarters shall vest in the
State Government which shall have all powers necessary for the proper
enjoyment of such rights.

(2) The right to all mines and quarries includes the right of access to land for the
purpose of mining and quarrying and the right to occupy such other land as
may be necessary for purpose subsidiary thereto, including the erection of
offices, workmen's dwellings and machinery, the stacking of minerals and
deposit of refuse, the construction of roads, railways or tram-lines, and any
other purposes which the State Government may declare to be subsidiary to
mining and quarrying.

(3) If the Government has assigned to any person its right over any minerals,
mines or quarries, and if for the proper enjoyment of such right, it is
necessary that all or any of the powers specified in sub-sections (1) and (2)
should be exercised, and the Collector may, by an order in writing, subject to
such conditions and reservations as he may specify, delegate such powers to
the person to whom the right has been assigned :

Provided that no such delegation shall be made until notice has been duly
served on all persons having rights in the land affected, and their objections
have been heard and considered.

(4) If, in the exercise of the right herein referred to over any land, the rights of
any person are infringed by the occupation or disturbance of the surface of
such land, the Government or its assignee shall pay to such persons
compensation for such infringement and the amount of such compensation

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shall be calculated by the Sub-Divisional Officer or, if his award is not

accepted, by the Civil Court, as nearly as may be, in accordance with the
provisions of the [Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013)]
[Substituted 'Land Acquisition Act, 1894 (1 of 1894)' by C.G. Act No. 15 of 2014,
dated 21.8.2014.].

(5) No assignee of the Government shall enter on or occupy the surface of any
land without the previous sanction of the Collector, and unless the
compensation has been determined and tendered to the persons whose
rights are infringed.

(6) If an assignee of the Government fails to pay compensation as provided in

sub-section (4), the Collector may recover such compensation from him on
behalf of the persons entitled to it, as if it were an arrear of land revenue.

(7) Any person who without lawful authority extracts or removes minerals from
any mine or quarry, the right to which vests in, and has not been assigned by,
the Government shall, without prejudice to any other action that may be
taken against him be liable, on the order in writing of the Collector, to pay
penalty not exceeding a sum calculated at double the market value of the
minerals so extracted or removed :

Provided that if the sum so calculated is less than [twenty five thousand
rupees] [Substituted 'one thousand rupees' by C.G. Act No. 14 of 2011, dated
3.5.2011.], the penalty may be such larger sum not exceeding [twenty five
thousand rupees] [Substituted 'one thousand rupees' by C.G. Act No. 14 of
2011, dated 3.5.2011.] as the Collector may impose.

(8) Without prejudice to the provisions in sub-section (7) the Collector may seize
and confiscate any mineral extracted or removed from any mine or quarry
the right to which vests in, and has not been assigned by the Government.

Explanation. - In this section, "minerals" include any sand or clay which the
State Government may declare to have a commercial value or to be required
for any public purpose.

248. Penalty for unauthorisedly taking possession of land.

(1) Any person who unauthorisedly takes or remains in possession of any

unoccupied land, abadi, service land or any other which has been set apart
for any special purpose under Section 237 or upon any land which is the
property of Government, or any authority, body corporate, or institution

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constituted or established under any State enactment, may be summarily

ejected by order of the Tahsildar and any crop which may be standing on the
land and any building or other work which he may have constructed
thereon, if not removed by him within such time as the Tahsildar may fix
shall be liable to forfeiture. Any property so forfeited shall be disposed of as
the Tahsildar may direct and the cost of removal of any crop, building or
other work and of all works necessary, to restore the land to its original
condition shall be recoverable as an arrear of land revenue from him. Such
person shall also be liable at the discretion of the Tahsildar 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 a fine which may extend to
[twenty five thousand rupees] [Substituted 'five thousand rupees' by C.G. Act
No. 14 of 2011, dated 3.5.2011.] and to a further fine which may extend to
[two hundred rupees] [Substituted 'twenty rupees' by C.G. Act No. 14 of 2011,
dated 3.5.2011.] for every day on which such unauthorised occupation or
possession continues after the date of first ejectment. The Tahsildar may
apply the whole or any part of the fine to compensate persons, who may in
his opinion have suffered loss or injury from the encroachment :

Provided that the Tahsildar shall not exercise the powers conferred by this
sub-section in regard to encroachment made by buildings or works
constructed-

(i) in the Mahakoshal region-

(a) in areas other than the merged States before the first day of
September, 1917;

(b) in the merged States, before the third day of April, 1950;

(ii) in the Madhya Bharat region, before the fifteenth day of August, 1950;

(iii) in the Vindhya Pradesh region, before the first day of April, 1955;

(iv) in the Bhopal region, before the eighth day of November, 1933; and

(v) in the Sironj region, before the first day of July, 1958.

Explanation. - For the purposes of this sub-section "Merged States" shall have
the meaning assigned to it in the Chhattisgarh Merged States Laws (State)
Act, 1950 (XII of 1950).

(1-A) On a resolution duly passed by the Gram Panchayat in respect of any

unauthorised possession, the Tahsildar shall start and complete the

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proceedings under this section within thirty days from the date of receipt of
the information of such resolution and shall communicate the action taken
by him to the Gram Panchayat.

(2) It shall not be competent to the Tahsildar to impose a fine of amount

exceeding [ten thousand rupees] [Substituted 'one thousand five hundred
rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] but if in any case he
considers that circumstances of the case warrant imposition of a higher fine,
he may refer the case to the Sub-Divisional Officer who shall, then, after
giving the party concerned an opportunity of being heard, pass such orders
in respect of line as he may deem fit.

(2-A) If any person continues in unauthorised occupation or possession of

land for more than seven days after the date of order of ejectment under
sub-section (1), then without prejudice to the fine that may be imposed
thereunder 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 ejectment and three months in case of
second or subsequent ejectment :

Provided that no action under this sub-section shall be taken-

(i) 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;

(ii) in respect of encroachments on Government and Nazul lands for the

settlement of which the Government have issued orders from time-to-
time :

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 unauthorised possession has been vacated :

Provided also that no woman shall be arrested or detained under this sub-
section.

(2-B) The State Government may make rules for the purpose of carrying into
effect the provisions of sub-section (2-A).

(3) xxx

(4) xxx

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249. Regulation of fishing, hunting etc.

(1) The State Government may make rules for regulating-

(a) fishing in Government tanks;

(b) catching, hunting or shooting of animals in villages; and

(c) the removal of any materials from lands belonging to the State
Government.

(2) Such rules may provide for the issue of permits, the conditions attaching to
such permits and the imposition of fees therefor and other incidental
matters.

250. Reinstatement of bhumiswami improperly dispossessed.

(1) For the purpose of this section and Section 250-A bhumiswami shall include
occupancy tenant and Government lessee.

(1-a) If a bhumiswami is dispossessed of the land otherwise than in due

course of law or if any person unauthorisedly continues in possession of any
land of the bhoonmiswami to the use of which such person has ceased to be
entitled under any provision of this Code, the bhumiswami or his successor-
in-interest may apply to the Tahsildar for restoration of the possession,-

(a) in case of bhumiswami belonging to a tribe which has been declared

to be an aboriginal tribe under sub-section (6)of Section 165-

(i) before the 1st July, 1978 in cases of unauthorised dispossession

prior to the 1st July, 1976; and

(ii) in any other cases within five years from the date of
dispossession or from the date on which the possession of such
person becomes unauthorised, as the case may be;

(b) in case of a bhumiswami not covered by clause (a), within two years
from the date of dispossession or from the date on which possession of
such person becomes unauthorised, as the case may be.

(1-b) The Tahsildar shall on coming to know that a bhumiswami has been
dispossessed of his land otherwise than in due course of law, suo motu start
proceedings under this section.

(2) The Tahsildar shall, after making an enquiry into the respective claims of the

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parties, decide the application and when he orders the restoration of the
possession to the bhumiswami, put him in possession of the land.

(2-a) The proceedings started under this section shall after receipt of reply
from the other party, continue from day to day unless for reasons to be
recorded in writing a longer adjournment is considered necessary and in
that case a copy of the order sheet containing the reasons for such
adjournment shall be sent to the Collector.

(3) The Tahsildar may at any stage of the enquiry pass an interim order for
handing over the possession of the land to the bhumiswami, occupancy
tenant or Government lessee, as the case may be, if he finds that he was
dispossessed by the opposite party within six months prior to the submission
of the application or commencement of suo motu proceedings under this
section. In such case the opposite party shall, if necessary, be ejected under
orders of the Tahsildar.

(4) When an interim order has been passed under sub-section (3) the opposite
party 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.

(5) 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.

(6) If the order passed under sub-section (2) is in favour of the applicant the
Tahsildar shall also award compensation to be paid to the applicant by the
opposite party which shall be at the prorata rate of [one thousand rupees]
[Substituted 'two hundred and fifty rupees' by C.G. Act No. 14 of 2011, dated
3.5.2011.] per hectare per year.

(7) The compensation awarded under this section shall be recoverable as an

arrear of land revenue.

(8) When an order has been passed under sub-section (2) for the restoration of
the possession 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.

(9) Where an order has been passed under sub-section (2) for the restoration of
the possession of the bhumiswami, the opposite party shall also be liable to

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fine which may extend to [ten thousand rupees] [Substituted 'five thousand
rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] :

Provided that it shall not be competent to the Tahsildar to impose a fine of

amount exceeding [five thousand rupees] [Substituted 'one thousand five
hundred rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] but if in any case
he considers that circumstances of the case warrant imposition of a higher
fine, he may refer the case to the Sub-Divisional Officer who shall, after
giving the party concerned an opportunity of being heard, pass such orders
in respect of fine as he may deem fit.

250A. Confinement in civil prison on failure to restore possession under

Section 250.

(1) 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 Section 250, then without prejudice to the compensation payable
under sub-section (6) or the fine under sub-section (9) of the said section 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 unauthorised possession has been vacated :

Provided also that no woman shall be arrested or detained under this

section.

(2) The State Government may make rules for the purpose of carrying into effect
the provisions of sub-section (1).

250B. Failure to vacate land in favour of allottee of land to be an offence.

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(1) If a person to whom land has been allotted in bhumiswami rights or as a

Government lessee under a Patta granted to him in accordance with a
scheme of distribution or disposal or allotment of land under executive
powers of the State Government as may from time to time be adopted or
sponsored by the State Government or any such scheme under any
enactment for the time being in force and such person has not been able to
take actual possession of the land so allotted to him, he may apply to the
Tahsildar for putting him in actual possession of the land allotted to him
under the Patta granted to him.

(2) On receipt of the application, the Tahsildar shall by an order in writing, issue
a direction-

(i) to the person in possession of the land to vacate the same forthwith; or

(ii) in the event of any person obstructing the taking over of possession or
delivery of possession, to such person to remove such obstruction to
enable delivery of possession, and on his vacating the land or
removing the obstruction, deliver actual possession thereof to the
bhumiswami or the Government lessee, as the case may be, entitled to
hold the land under the Patta.

(3) The Tahsildar may, if necessary, use such force including Police force as may
be necessary to put the allottee in actual possession of the land.

(4) If the person to whom direction is issued under sub-section (2) fails to
comply with the direction, he shall be punishable with imprisonment for a
term which may extend to three years and with fine or with both, and such
non-compliance of direction is a continuing one, with further fine which
may extend to [five hundred rupees] [Substituted 'one hundred rupees' by C.G.
Act No. 14 of 2011, dated 3.5.2011.] for everyday after the first during which
the non-compliance is proved to have been persisted in.

(5) The offence under this section shall be cognizable and non-bailable.

251. Vesting of tanks in State Government.

(1) All tanks situated on unoccupied land on or before the date of coming into
force of the Act, providing for the abolition of the rights of intermediaries in
the area concerned and over which members of the village community were,
immediately before such date, exercising rights of irrigation or nistar, shall,
if not already vested in the State Government, vest absolutely in the State
Government with effect from the 6th April, 1959 :

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Provided that nothing in this section shall be deemed to affect any right of a
lessee in the tank under a lease subsisting on the date of vesting of the tank
which shall be exercisable to the extent and subject to the terms and
conditions specified in the lease :

Provided further that no tank shall vest in the State Government, unless-

(i) after making such enquiry as he deems fit, the Collector is satisfied
that the tank fulfils the conditions laid down in this sub-section; and

(ii) notice has been served on the parties interested and opportunity-given
to them for being heard.]

(2) Any person claiming in any such tank any interest other than the right of
irrigation or nistar, may, within a period of four years from the date of
vesting under sub-section (1), make an application in the prescribed form to
the Collector for compensation in respect of his interest.

(2-a) The provisions of Section 239 shall apply to trees standing on the
embankments of tank vested in the State Government under sub-section (1)
as they apply to trees planted in an unoccupied land.

(3) Such compensation shall be fifteen times the land revenue assessable on the
land covered by the tank and for purposes of assessment such land shall be
treated as irrigated land of the same quality as the adjoining land.

(4) The compensation as determined under sub-section (3) shall be paid by the
Collector to the person or persons proved to his satisfaction to be owning
interest in the tank concerned.

(5) The payment of compensation under sub-section (4) shall be a full discharge
of the State Government from all liability for compensation in respect of the
tank concerned, but shall not prejudice any right in respect of such tank to
which any other person may be entitled by due process of law to enforce
against the person or persons to whom compensation has been paid as
aforesaid.

(6) The State Government may make rules providing for the regulation of the
use of water from such tanks.

(7) The vesting of any tank under sub-section (1) shall not affect the rights of
irrigation and nistar in such tank to which any person is entitled
immediately before the date of vesting.

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Explanation. - For the purposes of this section, tank includes the trees
standing on the embankments of the tank but does not include buildings,
temples or other constructions standing on the embankments thereof.

252. Maintenance of works of public utility.

(1) It shall be the duty of the Gram Sabha to maintain and keep in proper
repairs the works of public utility in the village. '

(2) Subject to the rules made under this Code, the Gram Sabha may, by order in
writing, call upon adult males residing in the village (except those who are
old and infirm or subject to any physical disability) to perform such labour
as it may specify in the order for keeping in a proper state of repairs such
works of public utility in the village as may be notified by the State
Government in that behalf.

(3) No order under sub-section (2) shall be passed unless the works are of public
utility and are likely to benefit generally the persons against whom the order
is being passed.

(4) A person required to perform labour under the provisions or sub-section (2),
may have it performed by another on his behalf or pay for its performance
at such rate as may be determined by the Tahsildar.

(5) Any person who neglects or refuses to perform the labour referred to in sub-
section (2) or fails to pay for the performance of labour as provided in sub-
section (4) shall, on the order of the Tahsildar, be liable to pay an amount
equal to the value of the labour at the rates determined by the Tahsildar
under sub-section (4), and such amount shall be recoverable as an arrear of
land revenue.

253. Punishment for contravention of provisions.

(1) Except as otherwise provided in this Code, any person who acts in
contravention of the provisions of this chapter or rules made thereunder or
who contravenes or fails to observe, any rules or custom entered in the
Wajib-ul-arz or commits a breach of any entry entered in the Nistar Patrak
shall be liable to such penalty not exceeding [twenty five thousand rupees]
[Substituted 'one thousand rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.]
as the Sub-Divisional Officer may, after giving such person an opportunity to
be heard, deem fit and the Sub-Divisional Officer may further order
confiscation of any timber, forest produce, or any other produce which such

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person may have appropriated or removed from lands belonging to the State
Government.

(2) Where any contravention, breach or non-observance punishable under sub-

section (1) has been committed by the Gram Sabha, every office bearer of the
Gram Sabha shall be liable under that sub-section unless he proves that the
contravention, breach of non-observance took place without his knowledge
or that he exercised all due diligence to prevent such contravention, breach
or non-observance.

(3) Where the Sub-Divisional Officer passes an order imposing a penalty under
this section, he may direct that the whole or any part of the penalty may be
applied to meet the cost of such measures as may be necessary to prevent
loss or injury to the public owing to such contravention, breach or non-
observance.

254. Performance of duties of Gram Sabha by Patel.

- Any function assigned to a Gram Sabha under this chapter shall be performed by
the patel until a Gram Sabha is duly constituted under Section 232.

Chapter-XIX Miscellaneous

255. Prescription of standards of cultivation and management.

(1) With a view to bring agricultural economy to a higher level of efficiency, the
Government may, by rules, regulate standards of efficient cultivation and
management.

(2) Such rules may provide for the issue of directions as regards the methods of
agriculture to be adopted, the use of improved seeds, conservation and
proper utilisation of manure, sale of surplus foodgrains, and for ensuring
proper wages and terms of employment of agricultural workers, and such
other directions as may be necessary or desirable for the efficient utilisation
of lands.

(3) Such rules shall apply to agriculturists who cultivate personally land in
excess of such limits as may be prescribed.

(4) If any agriculturist to whom such rules apply under sub-section (3) fails to
carry out the directions issued under sub-section (2), the State Government
may have the directions carried out by any other agency in such manner as
it deems fit and recover from him all such cost as may be incurred,.

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256. Inspection and copies of maps and land records.

- Subject to such conditions and to the payment of such fees as may be prescribed
by rules made under this Code, all revenue record, maps and land records which
have been prepared or are required to be prepared or kept under this Code or any
other enactment for the time being in force, shall be open to the inspection of the
public at reasonable hours, and certified extracts therefrom, or certified copies
thereof, shall be given to all persons applying for the same.

257. Exclusive jurisdiction of revenue authorities.

- Except as otherwise provided in this Code, or in any other enactment for the time
being in force, no Civil Court shall entertain any suit instituted or application made
to obtain a decision or order on any matter which the State Government, the
Board, or any Revenue Officer is by this Code, empowered to determine, decide or
dispose of, and in particular and without prejudice to the generality of this
provision, no Civil Court shall exercise jurisdiction over any of the following
matters :-

(a) [ any decision regarding any right under sub-section (1) of Section 57
between the State Government and any person.] [Inserted by C.G. Act No. 32
of 2013, dated 16.8.2013.]

[(a-1)] [Renumbered '(a)' by C.G. Act No. 32 of 2013, dated 16.8.2013.] any decision
regarding the purpose to which land is appropriated under Section 59;

(b) any question as to the validity or effect of the notification of a revenue

survey or any question as to the term of a settlement;

(c) any claim to modify a decision determining abadi made by a Settlement

Officer or Collector;

(d) any claim against the State Government to hold land free of land revenue, or
at less than the fair assessment, or to be assigned in whole or in part the land
revenue assessed on any land;

(e) the amount of land revenue assessed or reassessed under this Code or any
other enactment for the time being in force;

(f) any claim against the State Government to have any entry made in any land
records or to have any such entry omitted or amended.

(g) any question regarding the demarcation of boundaries or fixing of boundary

marks under Chapter X;

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(h) any claim against the State Government connected with or arising out of, the
collection of land revenue or the recovery of any sum which is recoverable
as land revenue under this Code or any other enactment;

(i) any claim against the State Government or against a Revenue Officer for
remission or suspension of land revenue, or for a declaration that crops have
failed in any year;

(j) any decision regarding forfeiture in cases of certain transfers under Section
166;

(k) ejectment of a lesser of a bhumiswami under sub-section (4) of Section 168;

(l) any claim to set aside transfer by a bhumiswami under subsection (1) of
Section 170 and clauses (a) and (b) of sub-section (2) of Section 170-A;

(l-1) any matter covered under Section 170-B.

(m) ejectment of a Government lessee under Section 182;

(n) resumption by a bhumiswami of land held by an occupancy tenant under

Section 189 and the fixation of rent of land left, if any, with the occupancy
tenant;

(o) claims by occupancy tenants for conferral of the rights of bhumiswami

under Section 190;

(p) restoration of possession to an occupancy tenant under Section 191,

(q) termination of tenancy of an occupancy tenant under Section 193;

(r) any claim to set aside transfer by an occupancy tenant under Section 197;

(s) the imposition of penalty on a bhumiswami under Section 200;

(t) suspension and remission of rent under Section 201,

(u) any decision regarding reinstatement of wrongfully ejected occupancy

tenant under Section 202;

(v) amount payable as compensation under sub-section (3) of Section 209,

confirmation of the scheme for consolidation of holdings under Section 210,
transfers of rights in carrying out the scheme under Section 213 and
assessment and apportionment of costs of consolidation of holdings under
Section 215;

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(w) any claim to modify any entry in the Nistar Patrak;

(w-i) any decision regarding penalty under Section 248, for unauthorisedly taking
possession of land.

(x) any decision regarding reinstatement of a bhumiswami improperly

dispossessed under Section 250;

(x-i) any decision regarding confinement in civil prison under Section 250-A;

(x-ii) any decision regarding delivery of actual possession of land to the

bhumiswami or the Government Lessee under Section 250 B.

(y) any decision regarding vesting of tanks in State Government under Section
251 and any claim against the State Government arising thereunder;

(z) any claim against the State Government to set aside or modify any premium,
penalty, cess or rate imposed or assessed under the provisions of this Code or
any other enactment for the time being in force;

(z-1) any claim against the State Government arising under Section 255 regarding
prescription of standard cultivation and management;

(z-2) any claim to compel the performance of any duty imposed by this Code on any
Revenue Officer or other officer appointed under this Code.

257A. Burden of proof and bar of legal practitioners in certain proceedings.

- In any proceedings under sub-section (6) of Section 165, or under the proviso to
Section 169 or under sub-section (1) of Section 170 or under Section 170-A or under
Section 250 in which one of the parties is a bhumiswami belonging to a tribe which
has been declared to be an aboriginal tribe under sub-section (6) of Section 165, the
burden of proving the validity of transfer thereunder shall, notwithstanding
anything contained in this Code or in any other law for the time being in force, lie
on the person who claims such transfer to be valid.

(2) No legal practitioner shall appear, plead or act on behalf of any party in any
proceedings specified in sub-section (1) in which one of the parties is a
bhumiswami belonging to a tribe which has been declared to be an
aboriginal tribe under sub-section (6) of Section 165 except with the written
permission of the Revenue Officer/Court before whom the case is pending.

258. General rule making power.

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(1) The State Government may make rules generally for the purpose of carrying
into effect the provisions of this Code.

(2) In particulars and without prejudice to the generality of the foregoing

powers such rules may provide for-

(i) the terms and conditions of service of the President and members of
the Board of Revenue constituted under Section 3;

(ii) the prescription of the duties of Superintendents of Land Records and

Assistant Superintendents of Land Records;

(iii) regulation of assessment of land revenue on diversion of land to other

purposes and imposition of premium under Section 59;

(iv) assessment on unassessed land under Section 60;

(v) formation of survey numbers and villages under Section 68 and the
minimum extent of survey numbers comprising land used for
agricultural purposes;

(vi) division of survey numbers into sub-divisions and apportionment of

the assessment of survey number among the sub-divisions of a survey
number under Section 70;

(vii) prescription of records in which area and assessment of survey

numbers and sub-divisions of survey numbers shall be entered under
Section 71;

(viii) the manner of dividing a village into two or more villages or uniting
two or more villages into one or constituting village or altering the
limits of a village under Section 73;

(ix) the necessary inquiry which shall be completed and the form in which
and the particulars with which the proposals for assessment rate shall
be forwarded under Section 77;

(x) the manner in which notice of assessment shall be given under Section
82;

(xi) the manner of inquiry into the profits of agriculture and into the value
of land used for agriculture and non-agricultural purposes under
Section 87;

(xii) the regulation of the conduct of revenue survey or settlement under

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Section 91-A;

(xiii) regulation of division of lands in urban areas into plot numbers,

recognition of existing survey numbers as plot numbers,
reconstitution of plot numbers or formation of new plot numbers
under Section 93;

(xiv) the manner of dividing plot numbers into sub-divisions and

apportioning the assessment of plot number among the sub-divisions;
and the limits either of area or of land revenue or both in any local
area for recognition of sub-divisions under Section 94;

(xv) prescription of records under Section 95;

(xvi) prescription of other special purposes under Section 96;

(xvii) the manner of publishing the standard rates under Section 97;

(xviii)
(a) the manner of keeping record of all registered sales and leases of
lands under Section 98(1), and

(b) determination of the average annual letting value of lands under

Section 98(2);

(xix) prescription of other duties of patwaris under sub-section (2) of

Section 104;

(xx) prescription of other duties of Revenue Inspectors under Section 106;

(xxi) prescription of other particulars under Section 107 (2);

(xxii) the prescription of the form of, and the additional particulars to be
entered in the papers to be included in the record of rights under
Section 108;

(xxiii) form of acknowledgement to be given by patwari under Section 109;

(a)
(xxiv) prescription of register under Section 110(1) for entering acquisition
of rights reported under Section 109;

(b) prescription of other persons and authorities to whom written

intimation shall be given under Section 110(3);

(a)
(xxv) prescription of other land records under Section 114(1).

(b) prescription of fee on the payment of which Rasid Bahi shall be

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provided under Section 114(2) and the prescription of entries which it

shall contain;

(xxvi) the regulation of requisition of assistance under Section 120;

(xxvii) preparation, maintenance and revision of land records under Section

121;

(xxvii-a) manner in which objection shall be disposed of by Tahsildar under

Section 123 (3);

(xxviii)
(a) specification of, and manner of construction and maintenance of,
boundary marks of villages and survey numbers or plot numbers
under Section 124(3); and

(b) the manner of distribution of the cost of construction of new

boundary marks among the holders of lands under Section 124 (4);

(xxix) the manner of demarcating boundary marks between a village road,

village waste or land reserved for communal purposes and the land
adjoining it and the manner in which they shall be kept in repair and
renewed;

(xxx) the procedure of demarcating the boundaries of survey numbers, sub-

divisions, or plot numbers, the nature of boundary marks' and the levy
of fees under Section 129;

(xxxi) the dates on which and the instalments in which land revenue shall be
payable and the persons to whom and the places whereat such
instalments shall be paid under Section 140;

(xxxii) the form in which receipt shall be given under Section 142;

(xxxiii) the regulation of remission or suspension of land revenue under

Section 144(1);

(xxxiv) the guidance of Revenue Officers in issuing notices of demand under

Section 146 and executing the processes specified in Section 147

(xxxv) prescription of the form of application1 for grant of annuity, the time
within which such application shall be made and the conditions of
such grant under Section 160;

(xxxvi) the regulation of reduction of revenue during the currency of

settlement under Section 161;

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(xxxvii) x x x

(xxxviii) prescription of the ceiling limits of land under Section 165,

(xxxix) prescription of the manner in which land forfeited under Section 166
shall be selected and demarcated and land revenue fixed on land left
with transferee;

(xl) regulation of the procedure in disposing of claims to be placed in

possession of a holding under Section 170;

(xl-a) the form and manner in which information shall be notified to Sub-
Divisional Officer under sub-section (1) of Section 170-B,

(xli) regulation of grant or refusal of permission to a bhumiswami for

diversion of his holding or any part thereof under Section 172,

(xlii) regulation of relinquishment of rights by a bhumiswami under Section

173;

(xliii) prescription of the terms and conditions on which a person may be

put in possession of an abandoned holding under Section 176(2);

(a)
(xliv) regulation of partition of holdings sand apportionment of assessment,
under Section 178(2); and

(b) xxx

(xlv) guidance of Revenue Officers with regard to applications for purchase

of right in trees under Section 179 (2);

(xlvi) x x x

(xlvii) prescription of the manner of selection and demarcation of land

allowed to be resumed by a bhumiswami under Section 189 and the
fixation of land revenue on it and fixation of rent in respect of land
left with the occupancy tenant;

(xlviii) prescription of the manner and the form in which amount of

compensation shall be deposited by an occupancy tenant payable to
his bhumiswami under Section 190(5);

(xlviii-A) prescription of time within which an application under subsection

(1) of Section 191 shall be made;

(xlix) the regulation of the procedure in disposing of claims to be placed in

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possession of an occupancy holding which has been transferred under

Section 197;

(l) prescription of the manner of selection and demarcation of land

vesting in the State Government and the fixation of land revenue on
the land reserved by the bhumiswami under Section 198 (4);

(li) the form and the manner in which the receipt for rent shall be given
under Section 199;

(lii) the regulation of assessment of increase and reduction in land

revenue required or permitted under Chapter XV;

(liii) the regulation of appointment of patels under Section 222(1), the

manner of distribution of duties of the office of patel where there are
two or more patels in a village, fixation of remuneration of a patel,
and prescription of additional duties of patel under Section 224 and
his removal from office under Section 226 and the appointment of a
substitute under Section 228;

(liv) the regulation of the sanitation of villages, the burial of the carcasses
of animals, the protection and fencing of wells, the upkeep of village
roads and like matters of village self-government for villages not
included within the area of a municipality or a municipal corporation,
or a notified area committee or a Gram Panchayat;

(a)
(lv) the appointment punishment, suspension and dismissal of Kotwars,

(b) the prescription of the duties and mode of supervision of Kotwars;

(a)
(lvi) the regulation of procedure for the establishment of a Gram Sabha
under Section 232,

(b) the manner in which a Gram Sabha shall acquire, hold or transfer
property movable and immovable, enter into contracts, etc., under
Section 232(4), and

(c) sums to be recovered as fees and other incomes by a Gram Sabha;

(lvii) prescription of the record to be maintained under Section 233;

(lviii) the manner in which the wishes of the villagers shall be ascertained
under Section 234 (2);

(a)
(lix) regulation of setting apart of unoccupied land for the exercise of nistar

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rights under Section 237 (1); and

(b) other purposes for the exercise of nistar rights under Section 237 (l)(k);

(c) regulation of diversion of unoccupied land under Section 237 (3).

(i)
(lx) The categories of persons for whom priority will be given for granting
of tree planting and tree pattas;

(ii) the manner of selection of such persons to whom tree planting permit
and tree pattas to be granted;

(iii) the extent of land to be earmarked;

(iv) the terms and conditions for granting of tree planting permit and tree
pattas;

(v) the form of the tree planting and the tree patta;

(vi) the extent of usufructuary rights under the tree planting permit and
the tree patta.

(lxi) the regulation of the cutting of trees under Section 240 (1), and of
control, management, felling or removal of the forest growth under
Section 240 (3);

(lxii) prescription of the manner of proclaiming an order published under

Section 241 and regulation of the felling or removal of trees
thereunder;

(a)
(lxiii) the manner of ascertaining and recording the customs in regard to
matters specified in Section 242 (1); and

(b) the manner of publication of record of customs under Section 242 (2);

(lxiv) prescription of the manner of disposal of sites in the abadi area under
Section 244;

(lxv) regulation of fishing, catching hunting or shooting of animals in

villages and removal of any materials from land belonging to the State
Government under Section 249;

(a)
(lxvi) prescription of the form of application under Section 251 (2); and

(b) the regulation of the use of water from tanks under Section 251 (6);

(lxvii) the regulation of procedure of the Gram Sabha in calling upon persons

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residing in the village to perform labour under Section 252;

(Ixviii) prescription of standards of cultivation and management under

Section 255;

(lxix) prescription of conditions for inspection and grant of copies of

records, maps and land records under Section 256;

(lxx) generally for the guidance of Revenue Officers and all other persons in
proceedings under this Code;

(lxxi) any other matter which has to be or may be prescribed.

(3) All rules made under this section shall be subject to the condition of previous
publication.

(4) All rules made under this Code shall be laid on the table of the Legislative
Assembly and shall be subject to such modifications as the Legislative
Assembly may make.

259. Reference to certain tenures.

- Any reference in any enactment to,-

(a) A bhumiswami or a bhumidhari in the Mahakoshal region;

(a-i) a pakka tenant, muafidar, inamdar or a concessional holder in the Madhya

Bharat region;

(b) a pachpan paintalis tenant, pattedar tenant, grove holder or a holder of a

tank in the Vindhya Pradesh region;

(c) a khatedar tenant or a grove holder in the Sironj region; and

(d) an occupant in the Bhopal region;

shall be deemed to be reference to a bhumiswami.

260. Reference to laws not in force in any region.

- Any reference in this Code to a Central Act which is not in force in any region of
the State shall in relation to that region be construed as a reference to the
corresponding law in force in that region.

Explanation. - For purposes of this section the expression "Central Act" shall have
the same meaning as assigned to it in Section 3 (7) of the General Clauses Act, 1897

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(X of 1897).

261. Repeal and savings.

- The enactments specified in Schedule II are hereby repealed to the extent

mentioned in the 4th column thereof :

Provided that the repeal shall not affect-

(a) the previous operation of any law so repealed or anything duly done or
suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred

under any law so repealed; or

(c) any penalty, forfeiture or punishment incurred in respect of any office

committed against any law so repealed; or

(d) any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted,
constituted or enforced, and any such penalty, forfeiture or punishment may
be imposed as if this Act had not been passed :

Provided further that subject to the preceding proviso, anything done or any action
taken (including any rules, assessment, appointments and transfers made,
notifications and powers conferred, forms and leases granted, record-of-rights, and
other records framed or confirmed, rights acquired, liabilities incurred and times
and places appointed), under any such enactment shall be deemed to have been
done or taken under the corresponding provision of this Code and shall continue to
be in force accordingly unless and until superseded by anything done or action
taken under this Code.

262. Transitory provisions.

(1) Save as otherwise expressly provided in this Code, all cases pending before
the State Government or any Revenue Court in any region immediately
before the coming into force of tins Code, whether in appeal, revision,
review or otherwise shall be decided in accordance with the provisions of
the appropriate law, which would have been applicable to them had this
Code not been passed.

(2) Any case pending in Civil Court at the coming into force of this Code, which

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would under this Code be exclusively triable by a Revenue Court, shall be

disposed of by such Civil Court according to the law in force prior to the
commencement of this Code.

(3) All proceedings under any of the laws described in Schedule III pending
before the State Government immediately before the commencement of this
Code shall, on such commencement, stand transferred to the Board, and
shall thereupon be disposed of by the Board as if they were proceedings
entertained by the Board under this Code.

Explanation. - For the purpose of this sub-section "State Government shall

include Governor, Council of Ministers or a Minister.

263. Power to remove difficulties.

(1) If any difficulty arises in giving effect in any region to the provisions of this
Code, the State Government may, by order notified in the Gazette, make such
provisions or give such directions as appear to it to be necessary for the
removal of the difficulty.

(2) A copy of the order passed under sub-section (1) shall as soon as may be
after it is passed be laid before the Legislative Assembly.

264. Code not to apply in certain cases.

- Nothing contained in this Code shall apply to a person who holds land from the
Central Government.

I
(See Section 41)

Rules of Procedure of Revenue Officers and Revenue Courts issue of Summons

1. Every summons shall be in writing, in duplicate and shall be signed and

sealed by the officer issuing it or by such person as he empowers in his
behalf, and it shall specify the time and place at which the person
summoned is required to attend, and also whether he is required to give
evidence or to produce a document.

2. Every summons to a party shall be accompanied by a concise statement

about the subject-matter of the proceedings.

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3. A summons to produce documents may be for the production of certain

specified documents or for the production of all documents of a certain
description in the possession or power of the person summoned.

Mode of Service of Summons

4. Every summons shall be served by tendering or delivering a copy of it to

the person summoned personally or to his recognised agent.

5. Where the person summoned cannot be found and has no recognised

agent, service may be made on any adult male member of the family of the
person summoned, who is residing with him.

Explanation. - A servant is not a member of the family within the meaning of this
rule.

6. Where the serving officer delivers or tenders a copy of the summons to the
person summoned personally or to his recognised agent or other person on
his behalf, he shall require the signature of the person, to whom the copy is
delivered or tendered to an acknowledgement of service endorsed on the
original summons.

7. If service of the summons cannot be effected in the manner provided in

Rules 4, 5 and 6 a copy thereof should be affixed at the last known place of
residence of the person summoned or at some place of public resort in such
village.

8. Where a copy of the summons is affixed as provided in Rule 7, the serving

officer shall return the original copy of the summons to the Court from
which it was issued with a report endorsed thereon or annexed thereto
stating that he has affixed the copy, the circumstances under which he did so
and the name and the address of the person in whose presence the copy was
affixed and where the copy is affixed at the last known place of residence of
the person summoned, the report shall also contain the name and address of
the person, if any, by whom the house was identified.

9. If the person summoned resides in another district, the summons may be

sent by post to the Collector of such district for service.

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Mode of Compliance with Summons

10. Subject to the provisions of the Code whoever is summoned to appear

before a Revenue Officer to give evidence shall attend at the time and place
named in the summons for that purpose, and whoever is summoned to
produce a document, shall either attend to produce it, or cause it to be
produced, at such time and place.

Mode of Serving Notice

11. Every notice shall be served by tendering or delivering a copy of it to the

person concerned personally or to his recognised agent :

Provided that, where the recognised agent of the person concerned is a pleader, the
notice may be served by leaving a copy thereof at his office or at the place of his
ordinary residence, and such service shall be deemed to be as effectual as service
on the recognised agent personally.

12. Where the person concerned cannot be found and has no recognised
agent, service may be made on any adult male member of the family of the
person concerned, who is residing with him.

Explanation. - A servant is not a member of the family within the meaning of this
rule.

13. Where the serving officer delivers or tenders a copy of the notice to the
person concerned personally or to an agent or other person on his behalf, he
shall require the signature of the person, to whom the copy is delivered or
tendered to an acknowledgement of service endorsed on the original notice.

14. If service of the notice cannot be effected in the manner provided in

Rules 11, 12 and 13 a copy thereof may be affixed at the last known place of
residence of the person concerned or at some place of public resort in the
village in which the land to which the notice relates is situate or from which
the land is cultivated.

15. Where a copy of the notice is affixed as provided in Rule 14, the serving
officer shall return the original copy of the notice to the officer who issued
it, with a report endorsed thereon or annexed thereto stating that he has so

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affixed the copy, the circumstances under which he did so, the name and
address of the person in whose presence the copy was affixed and where the
copy is affixed at the last known place of residence of the person noticed, the
report shall also contain the name and address of the person by whom the
house was identified.

16. If the person to whom a notice is to be served resides in another district,

the notice may be sent by post to the Collector of such district for service.

Mode of Issuing Proclamations

17. Whenever a proclamation is issued under this Code, copies thereof shall
be posted on the notice board of the office of the Revenue Officer issuing it,
at the headquarters of the tahsil within which the land to which it refers is
situate, and at some place of public resort on or adjacent to the land to
which it refers, and unless the officer issuing it otherwise directs, the
proclamation shall be further published by beat of drum on or near the land
to which it refers.

Order

18. Every original order passed by a Revenue Officer in any proceedings

shall contain a concise statement of the case, the points for decision, the
decision thereon and the reasons for such decision.

Attachment

19. Attachment of movable property other than agricultural produce in

possession of defaulter-(1) Where the property to be attached is movable
property other than agricultural produce, in the possession of the defaulter,
the attachment shall be made by actual seizure, and the attaching officer
shall keep the property in his own custody or in the custody of any of his
subordinates and shall be responsible for the due custody thereof :

Provided that, when the property seized is subject to speedy and natural decay or
when the expense of keeping it in custody is likely to exceed its value, the attaching
officer may sell it at once :

Provided further that when the property attached consists of live-stock,

agricultural implements or other articles which cannot be conveniently removed,
and the attaching officer does not act under the first proviso to this rule, he may at

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the instance of the defaulter or any person claiming to be interested in such

property, leave it in the village or at the place where it has been attached -

(a) in the charge of the defaulter, or of the station pound-keeper, if any; or

(b) in the charge of the person claiming to be interested in such property or of

such respectable person as will undertake to keep such property, on his
entering into a bond with one or more sureties in an amount not less than
the value of the property, that he will take proper care of such property and
produce it when called for.

(2) The attaching officer shall make a list of the property attached and shall
obtain thereto the acknowledgement of the person in whose custody the
property is left, and if possible, of the defaulter and of at least one
respectable person in attestation of the correctness of the list. If the property
attached includes both live-stock and other articles a separate list of the live-
stock shall similarly be prepared and attested.

20.

(1) Where the property to be attached is agricultural produce, the attachment

shall be made by affixing a copy of the warrant of attachment-

(a) where such produce is a growing crop, on the land on which such crop
has grown; or

(b) where such produce has been cut or gathered, on the threshing floor
or place for treading out gain or the like or fodder-stack on or in which
it is deposited;

and another copy on the outer door or on some other conspicuous part of the
house in which the defaulter ordinarily resides or if there is no such house,
on the outer door or on some other conspicuous part of the house in which
he carries on business or personally works for gain or in which he is known
to have last resided or carried on business or personally worked for gain;
and the produce shall thereupon be deemed to have passed into the
possession of the Court.

(2) The attaching officer shall make such arrangements for the custody of the
agricultural produce as he may consider sufficient and also to tend, cut,
gather and store the produce and do any other act necessary for maturing or
preserving it.

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(3) The costs incurred under sub-rule (2) shall be borne by the defaulter.

21.

(1) Where the live-stock attached is not left in the charge of the defaulter, the
expenses for feeding and watering it shall be charged at such rate as the
Collector may, by general or special order, fix.

(2) Where the property attached is movable property other than agricultural
produce or live-stock, and is not left in the charge of the defaulter the
expenditure for its safe custody shall be charged at such rate as the Collector
may, by general or special order, fix.

(3) The costs incurred under sub-rules (1) and (2) shall be first charge on the
sale-proceeds of the property.

22. The provisions of Order XXI, Rules 46 to 53 of the Code of Civil

Procedure, 1908 (V of 1908) regarding the attachment of the several classes
of movable property dealt with in those rules shall as far as may be, apply to
the attachment made under this Code.

23.

(1) Where the property is immovable, the attachment shall be made by an order
prohibiting the defaulter from transferring or charging the property in any
way, and all persons from taking any benefit from such transfer or charge.

(2) The order shall be proclaimed at some place on or adjacent to such property
by beat of drum or other customary mode, and a copy of the order shall be
affixed on a conspicuous part of the property and then on the notice board of
the office of the Revenue Officer.

(3) The order shall take effect as against purchasers for value in good faith from
the date when a copy of the order is affixed on the property and against all
other transferees from the defaulter from the date on which such order is
made.

24.

(1) If any claim is set up by a third person to the property attached or proceeded
against under the provisions of this Code, the Revenue Officer shall enquire
into the claim and may admit or reject it.

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(2) The person against whom an order is made under sub-rule (1) may, within
one year from the date of the order, institute a suit to establish the right
which he claims to the property attached or proceeded against; but subject to
the result of such suit, if any, the order shall be conclusive.

Sale Generally

25. Every sale shall be conducted by an officer or other person appointed by

a general or special order in this behalf and shall be made by public auction.

26.

(1) The Revenue Officer shall cause a proclamation of the intended sale to be
made stating the time and place of sale and specifying as fairly and
accurately as possible-

(a) the property to be sold;

(b) the land revenue assessed upon the land where the property to be sold
is an interest in land paying revenue to the Government;

(c) the amount for the recovery of which the sale is ordered; and

(d) every other thing which the Revenue Officer considers materials for a
purchaser to know in order to judge the nature and the value of the
property.

(2) A copy of the proclamation issued under sub-rule (1) where it relates to the
sale of any holding shall be sent to the Co-operative and the Land Mortgage
Bank operating within that area in which the holding is situate.

27. The Revenue Officer may, if he considers this necessary, summon the
defaulter and examine him with respect to any matters to be included in the
sale proclamation.

28. Save in the case of property of the kind described in the first proviso to
Rule 19, no sale hereunder shall, without the consent in writing of the
defaulter take place-

(i) on Sunday or on any authorised Civil Court holidays or on any day declared
as a local holiday for the area in which the sale is to be held; and

(ii) until after the expiration of at least thirty days from the date on which the

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proclamation thereof was made.

29.

(1) The Revenue Officer may, in his discretion, adjourn any sale hereunder to a
specified day and hour and the officer conducting any such sale may, in his
discretion, adjourn the sale recording his reasons for such adjournment :

Provided that where the order of the Revenue Officer can be obtained in
time, no such adjournment shall be made without such order.

(2) Where a sale is adjourned under sub-rule (1) for a longer period than fifteen
days, a fresh proclamation shall be made unless the defaulter consents to
waive it.

(3) Every sale shall be stopped if, before the lot is knocked down, the amount
due and costs are tendered to the officer conducting the sale, or proof is
given to his satisfaction that the amount of such dues and costs have been
paid to the Revenue Officer who ordered the sale.

30. Any deficiency of price which may happen on a resale by reason of the
purchaser's default shall be recoverable from the defaulting purchaser as if
it were an arrear of land revenue.

31. No officer or other person having any duty to perform in connection with
any sale shall, either directly or indirectly, bid for, acquire or attempt to
acquire any interest in the property sold.

Sale of Movable Property

32.

(1) Where the property to be sold is agricultural produce, the sale shall be held-

(a) if such produce is a growing crop, on or near the land on which such
crop has grown; or

(b) if such produce has been cut or gathered, at or near the threshing
floor or place for treading out grain or the like or fodder stack :

Provided that the Revenue Officer may direct the sale to be held at the
nearest place of public resort, if he is of opinion that the produce is thereby
likely to sell to greater advantage.

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(2) Where, on the produce being put up for sale-

(a) a fair price, in the estimation of the person holding the sale, is not
offered for it; and

(b) the owner of the produce or a person authorised to act in his behalf
applies to have the sale postponed till the next day or, if a market is
held at the place of sale, the next market day.

The sale shall be postponed accordingly and shall be then completed,

whatever price may be offered for the produce.

33.

(1) Where the property to be sold is a growing crop and the crop from its nature
admits of being stored but has not yet been stored, the day of the sale shall
be so fixed as to admit of its being made ready for storing before the arrival
of such day, and the sale shall not be held until the crop has been cut or
gathered and is ready for storing.

(2) Where the crop from its nature does not admit of being stored, or where it
appears to the Revenue Officer that the crop can be sold to greater advantage
in an unripe state, it may be sold before it is cut and gathered, and the
purchaser shall be entitled to enter on the land and to do all that is necessary
for the purpose of tending and cutting or gathering it.

34.

(1) Where movable property is sold by public auction, the price of each lot shall
be paid at the time of sale or as soon after as the officer or other person
holding the sale directs, and in default of payment the property shall
forthwith be resold.

(2) On payment of the purchase money, the officer or other person holding the
sale shall grant a receipt for the same, and the sale shall become absolute.

(3) Where the movable property to be sold is a share in goods belonging to the
defaulter and a co-owner, and two or more persons, of whom one is such co-
owner, respectively bid the same sum for such property or for any lot, the
bidding shall be deemed to be the bidding of the co-owner.

35. No irregularity in publishing or conducting the sale of movable property

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shall vitiate the sale; but any person sustaining any injury by reason of such
irregularity at the hand of any other person may institute a suit against him
for compensation or (if such other person is the purchaser) for the recovery
of the specific property and for compensation in default of such recovery.

36.

(1) Where the property sold is movable property of which actual seizure has
been made, it shall be delivered to the purchaser.

(2) In the case of any other movable property, the Revenue Officer may make an
order vesting such property in the purchaser or as he may direct; and such
property shall vest accordingly.

Sale of Immovable Property

37. On every sale of immovable property the person declared to be the

purchaser shall pay immediately after such declaration a deposit of twenty-
five per cent on the amount of his purchase money to the officer or other
person conducting the sale, and in default of such deposit, the property shall
forthwith be resold.

38. The full amount of purchase money payable shall be paid by the
purchaser within fifteen days from the date of the sale of the property.

39. In default of payment within the period mentioned in Rule 38, the deposit
may, if the Revenue Officer thinks fit after defraying the expenses, of the
sale, be forfeited to the Government, and the property shall be resold and
the defaulting purchaser shall forfeit all claims to the property or to any
part of the sum for which it may subsequently be sold.

40.

(1) Where immovable property has been sold under this Code, any person,
either owning such property or holding an interest therein by virtue of a title
acquired before such sale may, at any time within thirty days from the date
of sale, apply, to the Revenue Officer to have the sale set aside on his
depositing-

(a) for payment to the purchaser, a sum equal to five per cent of the
purchase money;

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(b) for payment on account of the arrear, the amount specified in the
proclamation of sale as that for the recovery of which the sale was
ordered less airy amount which may have been paid since the date of
the sale on this account; and

(c) the cost of the sale.

(2) If such deposit is made within thirty days from the date of the sale the
Revenue Officer shall pass an order setting aside the sale:

Provided that, if a person applies under Rule 41 to have such sale set aside,
he shall not be entitled to make an application under this rule.

41. At any time within thirty days from the date of sale, any person whose
interests are affected by such sale may apply to the Revenue Officer to set
aside the sale on the ground of some material irregularity or mistake in
publishing or conducting it, and the Revenue Officer may, after giving notice
to the persons affected thereby, pass an order setting aside the sale and may
order resale; but no sale shall be set aside on such grounds unless the
applicant proves to the satisfaction of the Revenue Officer that he has
sustained substantial injury by such irregularity or mistake.

42. Except in a case where land has been sold for arrears, which form a
charge on the land, the purchaser may, at any time within thirty days from
the date of sale, apply to the Revenue Officer to set aside the sale on the
ground that the defaulter had no saleable interest in the property sold and
the Revenue Officer shall, after due inquiry, pass such orders on such
application as he deems fit.

43. No resale under Rule 41 shall be made until a fresh proclamation has
been published as laid down in Rule 26.

44. On the expiry of thirty days from the date of sale, if no application has
been made under Rule 40, 41 or 42 or if such application has been made and
rejected, the Revenue Officer shall pass an order confirming the sale :

Provided that, if the Collector has reason to think that the sale ought to be set aside-

(i) notwithstanding that no such application has been made; or

(ii) on grounds other than those alleged in any application which has been made

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and rejected; or

(iii) notwithstanding that a period of thirty days from the date of sale has
expired;

he may, after recording his reasons in writing, set aside the sale at any time before
making an order confirming the sale.

45.

(1) If no application under Rule 41 is made within the time allowed therefor, all
claims on the grounds of irregularity or mistake shall be barred.

(2) Nothing in sub-rule (1) shall bar the institution of a suit in the Civil Court to
set aside a sale on the ground of fraud or on the ground that the arrear for
which the property is sold is not due or on the ground that the defaulter had
no saleable interest in the property sold.

46. If the sale of any property is set aside under Rule 40, 41, 42 or 44 the
amount of purchase money deposited by the purchaser shall be refunded to
him.

Certificate of Purchase and Delivery of Possession

47. If the sale of any immovable property has been confirmed, the Revenue
Officer shall grant a certificate to the purchaser specifying the date on which
the sale is confirmed, the property sold, and the name of the purchaser and
shall put the purchaser in possession of such property.

48.

(1) Where the purchaser is resisted or obstructed by any person is obtaining

possession of the property, he may make an application to the Revenue
Officer complaining of such resistance or obstruction.

(2) The Revenue Officer shall fix a date for investigating the matter and shall
summon the party against whom the application is made to appear and
answer the same.

49. Where the Revenue Officer is satisfied that the resistance or obstruction
was occasioned -

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(a) by the defaulter or some other person at his instigation; or

(b) by any person in the case of a purchase of land sold for arrears of land
revenue due in respect thereof;

he shall direct that the purchaser be put into possession of the property.

50. Where in any case to which Rule 49 does not apply, the Revenue Officer is
satisfied that the resistance or obstruction was caused by any person
claiming in good faith to be in possession of the property on his own account
or on account of some person other than the defaulter, the Revenue Officer
shall make an order dismissing the application.

51.

(1) Where any person other than the defaulter is dispossessed of immovable
property by the purchaser of such property, he may make an application to
the Revenue Officer complaining of such dispossession.

(2) The Revenue Officer shall fix a date for investigating the matter and shall
summon the purchaser to appear and answer the same.

52. Where the Revenue Officer is satisfied that the applicant was in
possession of the property on his own account, or on account of some person
other than the defaulter, he shall direct that the applicant be put into
possession of the property.

53. Any party not being a defaulter against whom an order is made under
Rule 49, 50 or 52 may institute a suit to establish the right which he claims to
the present possession of the property but subject to the result of such suit,
if any, the order shall be conclusive.

Commissions to Examine Witnesses

54. Any Revenue Officer may in any proceedings issue a commission for the
examination on interrogatories or otherwise of any person who is exempted
from attending the Court or who is from sickness or infirmity unable to
attend it.

55. An order for the issue of a commission for the examination of a witness

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may be made by the Revenue Officer either of his own motion or on the
application, supported by affidavit or otherwise, of any party to the
proceedings or of the withing to be examined.

56. Any Revenue Officer may, in any proceedings issue a commission for the
examination of-

(a) any person resident beyond the local limits of his jurisdiction;

(b) any person who is about to leave such limits before the date on which he is
required to be examined in Court;

(c) any person in the service of the Central or the State Government who cannot,
in the opinion of such Revenue Officer, attend without detriment to the
public service.

57.

(1) A commission for the examination of a person may be issued to any person
whom the Court thinks fit to execute it, or to any other Revenue Officer who
can conveniently examine such person.

(2) Every Revenue Officer receiving a commission for the examination of any
person shall examine him or cause him to be examined pursuant thereto.

(3) The Revenue Officer on issuing any commission under this rule shall direct
whether the commission shall be returned to himself or to any Revenue
Officer subordinate to him.

58. Where a commission has been duly executed, it shall be returned

together with the evidence taken under it, to the Revenue Officer by whom it
was issued, unless the order for issuing the commission has otherwise
directed, in which case the commission shall be returned in terms of such
order; and the commission and the return thereto and the evidence taken
under it shall (subject to the provisions of the next following rule) form part
of the record of the proceedings.

59. Evidence taken under a commission shall not be read as evidence in the
proceeding without consent of the party against whom the same is offered,
unless-

(a) the person who gave the evidence is beyond the jurisdiction of the Court, or

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dead or unable from sickness or infirmity to attend to be personally

examined, or exempted from personal appearance in Court, or is a person in
the service of the Central or the State Government who cannot, in the
opinion of the Revenue Officer, attend without detriment to the public
service.

(b) the Revenue Officer in his discretion dispenses with the proof of any of the
circumstances mentioned in clause (a) and authorises the evidence of any
person being read as evidence in the proceedings, notwithstanding proof
that the cause for taking such evidence by commission has ceased at the time
of reading the same.

60. Before issuing any commission under these rules, the Revenue Officer
may order such sum (if any) as he thinks reasonable for the expenses of the
commission to be, within a time to be fixed, paid by the party at whose
instance or for whose benefit the commission is issued.

61.

(1) The provisions of this Code relating to the summoning, attendance and
examination of witnesses, and to the remuneration of, and penalties to be
imposed upon witness, shall apply to persons required to give evidence or to
produce documents under these rules and for the purposes of this rule the
Commissioner shall be deemed to be a Revenue Court.

(2) A Commissioner may apply to any Revenue Officer within the local limits of
whose jurisdiction a witness resides for the issue of any process which he
may find it necessary to issue to, or against, such witness, and such Revenue
Officer may in his discretion, issue such process as he considers reasonable
and proper.

62.

(1) Where a commission is issued under these rules, the Revenue Officer shall
direct that the parties to the proceedings shall appear before the
Commissioner in person or by their agents or pleaders.

(2) Where all or any of the parties do not so appear, the Commissioner may
proceed in their absence.

Proceeding by or Against Minors and Persons of Unsound Mind

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63. Every application by a minor shall be filed in his name by a person acting
as the guardian, of the minor.

64. Where the non-applicant is a minor the Revenue Officer, on being

satisfied of the fact of his minority, shall appoint a proper person to be the
guardian of such minor for the purpose of the proceedings.

65. Any person who is of sound mind and has attained majority and whose
interest is not adverse to that of the minor may act as guardian for a minor
party in the proceedings.

66. In the case where a non-applicant is a minor and the guardian appointed
has no funds to meet the necessary expenses, the Revenue Officer may direct
the applicant to deposit a sufficient sum for the purpose. The costs so
incurred by the applicant shall be adjusted in accordance with the final
order passed in respect of the costs.

67.

(1) No guardian shall, without the leave of the Revenue Officer, expressly
recorded in the proceedings, enter into any agreement or compromise on
behalf of a minor with reference to the proceedings in which he acts as his
guardian.

(2) Any such agreement or compromise entered into without the leave of the
Revenue Officer so recorded, shall be voidable against all parties other than
the minor.

68. The provisions contained in Rules 63 to 67, shall apply mutatis mutandis
to persons of unsound mind.

II
(See Section 261)

Year Number Short title Extent of repeal

(1) (2) (3) (4)
1942 VI The Central Provinces and Berar The whole
Hindu Women's Rights to

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Property (Extension to Agricultural

Land) Act, 1942.
1955 II The Chhattisgarh Land Revenue Code, The whole
1954.
1957 VI The Chhattisgarh Creation of The whole
Commissioners Act, 1957.
1931 I Indore Land Revenue and Tenancy The whole
Act, 1931.
1940-41 Barwani State Resolution No. 67. The whole
1941 VIII Indore Restitution of Pattedar Tenants The whole
Mortgaged Land Act,

1941.
1941-42 Dhar Land Revenue and Tenancy Act, The whole
1941-42. Qawayad Tarashi

wa Ataya Chakook Parti Qabil Kast

Gwalior, Sam vat 1983.
1949 25 Madhya Bharat Jagir Land Records The whole
Management Act, Samvat 2006.
1949 26 Madhya Bharat Jagir Tenants The whole
Restoration of Land Act, Samvat

2006.
1950 66 Madhya Bharat Land Revenue and
Tenancy Act, Samvat 2007.
1954 32 Madhya Bharat Muafi and Inam
Tenants and Sub-tenants

Protection Act, 1954.

1955 29 Madhya Bharat Ryotwari Sub-lessee
Protection Act, 1955.
1946 The Rewa State Pre-emption Act, 1946. So far as it relates to
agricultural lands.

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1955 III Vindhya Pradesh Land Revenue and The whole

Tenancy Act, 1953.
1932 IV The Bhopal State Land Revenue Act, The whole
1932.
1953 VII The Bhopal State Sub-Tenants The whole
Protection Act, 1952.
1955 I The Bhopal State Sub-Tenants (of The whole
Occupants) Protection Act,

1954.
1951 I The Rajasthan Revenue Courts The whole
(Procedure and Jurisdiction)

Act, 1951.
1952 V The Rajasthan Public Demands The whole
Recovery Act, 1952.
1953 XIX The Rajasthan Lands Summary The whole
Settlement Act, 1953.
1954 IX The Rajasthan Rent Rates The whole
Determination and Validation Act,

1954.
1954 XXVI The Rajasthan Holdings The whole
(Consolidation and Prevention of

Fragmentation) Act, 1954.

1954 XXVII The Rajasthan Colonisation Act, 1954. The whole
1955 3 The Rajasthan Tenancy Act, 1955. The whole
1956 15 The Rajasthan Land Revenue Act, The whole
1956.
1956 16 The Rajasthan Review and Validation The whole
of Rent Rates (Revival)

Act, 1956.

III

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[See Section 262(3)]

Name of Law

(1) The Indore Land Revenue and Tenancy Act.

(2) Indore Jagirdar Manual.

(3) Qawaid Jagirdaran, Gwalior.

(4) Qawaid Muafidaran Jauzwe Arazi Riyasat, Gwalior.

(5) Jagir and Muafi Rules of the Rajgarh State.

(6) Dhar Land Revenue Act.

(7) Muafi Rules of the Dhar State.

(8) Inam Rules of the Dewas (Senior).

(9) Land Revenue and Tenancy Act of Dewas (Junior).

(10) Muafi Rules of Dewas (Junior).

(11) Qawaid Muafi Rules of the Jhabua State.

(12) Nazarana Rules of the Barwani State.

Notifications

Chhattisgarh Land Revenue Code, 1959, Section 3 and read with Section 4(1).
- In exercise of the powers conferred by Section 3 and read with sub-section
(1) of Section 4 of the Chhattisgarh Land Revenue Code, 1959, the State
Government, hereby, constitutes Board of Revenue of Chhattisgarh and
appoints the Principal seat of Board of Revenue at Bilaspur. [Vide
Notification No. F 4941/Revenue/2002 dated the 2nd December, 2002,
published in Chhattisgarh Rajpatra (Asadharan), dated 2.12.2002, page 637.]

(1) [ Notification No. F-4-185/Rev./2003, dated 14.8.2003.] [Published in C.G.

Rajpatra (Asadharan), dated 18.8.2003 page 416.] - In exercise of the powers
conferred by sub-section (1) of Section 24 of the Chhattisgarh Land Revenue
Code, 1959 (No. 20 of 1959), the State Government hereby confers the
powers, namely :-

1. On the as Special Superintendent Land Records deputed in the work of

correction of settlement records the powers of :-

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(i) The Collector under Section 107,

(ii) The Tahsildar under Sections 115,116,129, and

(iii) Under Section 108 of the said Code.

2. On the as Special Assistant Superintendent of Land Records deputed in the

work of correction of settlement records the powers of the Tahsildar in the
case regarding disputed mutation under Section 110 of the said Code.

(2) [ Notification No. F 4-105/Revenue/03, dated 11.11.2003.] [Published in C.G.

Rajpatra (Asadharan), dated 11.11.2003, page 550.] - In exercise of the powers
conferred by sub-section (1) of Section 24 of the Chhattisgarh Land Revenue
Code, 1959 (No. 20 of 1959), the State Government hereby confers, powers,
namely :-

On the Superintendent of Land Records as Special Superintendent of Land

Records deputed in the work of the preparation of the revenue village maps
and Land Records papers with updation in the metric system the powers of

(1) Under Section 243 of Chhattisgarh Land Revenue Code, of the Collector,

(2) Sections 68, 70, 72 and 73 of the Settlement Officer,

(3) Sections 113, 234 and 242 of Sub-Divisional Officer,

(4) Sections 109, 114-A, 118, 119, 124, 125, 130, 131, 132, 178 and 239 of the
Tahsildar, and

(5) Section 120 of the Revenue Officer.

The exercise of the powers conferred shall be made by previous Department

Notified vide Notification No. F-4/105/Revenue/03, dated 14.8.2003.

[Schedule-IV] [Added by C.G. Act No. 13 of 2012, dated 16.4.2012.]

[See Section 59 (2)]

S. Name of Authority/ S. Name of Scheme

No. Corporate Body No.
(1) (2) (3) (4)
A. Naya Raipur Development 1. Naya Raipur
Authority

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B. Raipur Development 1. Kamal Vihar Integrated

Authority Township Planning.
C. Chhattisgarh Housing Board 1. Atal Vihar Planning.

[Inserted by C.G. Act No. 32 of 2013, dated 16.8.2013.]

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