ALIGARH MUSLIM UNIVERSITY

MURSHIDABAD CENTRE
SESSION: 2020-21

PROJECT

SUBJECT - UP LAND LAW

TOPIC = GRAM SABHA UNDER UP REVENUE CODE

2006

SUBMITTED TO SUBMITTED BY

Dr. Asif Shah M. DANIYAL SIRAJ

(Asst. Professor) 18BALLB55
GL0749
4TH YEAR
7th SEMESTER
 ACKNOWLEDGEMENT
The success and final outcome of this Project (Home Assignment) required a lot of
guidance and assistance from many people and I am extremely privileged to have
got this all along the completion of my Project (Home Assignment). All that I have
done is only due to such supervision and assistance and We would not forget to
thank them.

I respect and thank Dr. Asif Shah for providing me an opportunity to do the
Project (Home Assignment) work in “GRAM SABHA UNDER UP REVENUE
CODE 2006” and giving me all support and guidance which made me
complete the Project (Home Assignment) duly. I am extremely thankful to
him for providing such a nice support and guidance, although he had busy
schedule managing the academic affairs.

I owe my deep gratitude to our Project (Home Assignment) guide seniors, who
took keen interest on our Project (Home Assignment) work and guided me all
along, till the completion of my Project (Home Assignment)work by providing all
the necessary information for developing a good system.

THANK YOU.
 TABLEOFCONTENT
1. INTRODUCTION………………………………………………………………….04

2. CONSTITUTION OF GRAM SABHA……………………………………………04

3. JURISDICTION OF GRAM SABHA…..........................................................…...06

4. PROPERTIES OF GRAM SABHA AND ITS MANAGEMENT……………….06

5. FUNCTIONS, DUTIES AND POWERS OF GRAM SABHA…………………..07

6. LAND MANAGEMENT COMMITTEE…………………………........................07

7. POWER OF LAND MANAGEMENT COMMITTEE…………………………...09

8.

8. ACCOUNTABILITY OF LAND MANAGEMENT COMMITTEE................................10

9. CONCLUSION.......................................................................................................................10

10. BIBLIOGRAPHY.................................................................................................................11
GRAM SABHA UNDER UP REVENUE CODE 2006

Introduction

The Uttar Pradesh Panchayat Raj Act, 1947 established two institutions at the village level, the
Gram Sabha and the Gram Panchayat. The U.P Zamindari Abolition and Land Reforms Act 1950
established two new institutions the Gram Sabha and the Land Management Committee also
called the ‘Bhumi Prabandhak Samiti’. After the 1994 amendment to the U.P Panchayat Raj Act,
changes in the powers, rights and duties within these institutions were incorporated. The Gram
Sabha or the Gaon Sabha was established under Section 3 of the Panchayat Raj Act 1947. The
gaon sabha is an elected body that has a perpetual succession and common seal. The gram sabha
has been vested with the power to acquire the property by purchase, gift or through any other
legal provision. It has the authority to hold, administer and transfer the movable or immovable
property. It can enter into a contract, it can sue and can be sued.

Section 117 of the U.P Zamindari Abolition and Land Reform Act gives vesting of certain lands
in the gram sabha. The said section also gives the state government the power to revest all or any
land in gram sabha by declaration through a notification in the Official Gazette. Following lands
have been vested in the gaon sabha by the state government:

1. Lands (cultivable or not);

2. Any forest land that comes within the area of gaon sabha;
3. Scattered trees, which are not on anyone’s holdings;
4. Fisheries;
5. With the exception of those vested with Zila Panchayat under Section 119 and those
belonging to bhumidars or other owners of the land, all the huts, bazaars and melas are
vested in gaon sabha.
6. All the water tanks, ponds, water channels, private ferries, Abadi sites and pathways.

which had vested in the State under this Act, shall vest in a Gaon Sabha or any other local
authority established for the whole or part of the village in which the said things are situate or
partly in one such local authority (including a Gaon Sabha) and partly in another : Provided
that it shall be lawful for the State Government to make the declaration aforesaid subject to
such exceptions and conditions as may be [specified in such order].

Constitution of Gram Sabha and its Bhumi Prabandhak Samiti

Gram Sabha--
[Sections 3 and 16 of U.P. Panchayat Raj Act, 1947]--Gram Sabha is a group of one village or
many villages. It is known by that name to which the State Government declare it by notification
such name and its jurisdiction which is published in the Government Gazette. Such notification
may be issued by that authority to whom he has been assigned by the State Government.

Circle [Section 3 (3-A) of U.P.Z.A. and L.R. Act].--

'Circle' means any area for which a Gram Sabha has been established under the U. P.
Panchayat Raj Act, 1947. [See Section 2(d), U.P. Panchayat Raj Act, 1947].

Members of Gram Sabha [Section 5, U.P. Panchayat Raj Act, 1947]--

Every person, whose name is for the time being is included in the electoral roll of the
Gram Sabha, shall be a member of that Gram Sabha.

Gram Sabha a legal person [Section 4, U.P. Panchayat Raj Act, 1947].--
Every Gram Sabha shall, by the name notified in the official Gazette under Section 3 of
U.P. Panchayat Raj Act, 1947, be a body corporate, having perpetual succession and a common
seal and shall, subject to any restriction or condition imposed by the U. P. Panchayat Raj Act,
1947 or by any other Act, have power to acquire, by purchase, gift, or otherwise, to hold,
administer, and transfer property, both movable and immovable, and to enter into any contract,
and shall, by the said name, sue or be sued.

A Gram Panchayat as is defined in Section 2(h) of the Panchayat Raj Act means the Gram
Panchayat constituted under Section 12 of the Act which is extracted below:

"Section 12. Gram panchayat.--(1) (a) There shall be [constituted] for every Panchayat area, a
Gram Panchayat bearing the name of the Panchayat area.

(b) Every Gram Panchayat shall be a body corporate.

(c) A Gram Panchayat shall consist of a Pradhan and, in the case of a Panchayat area having a
population of-

(I) [upto one thousand] nine members;

(II) more than one thousand but not more than two thousand, eleven members; (III) more

than two thousand but not more than three thousand, thirteen members, or

(IV) more than three thousand, fifteen members.

The Gram Panchayat is also the Bhumi Prabandhak Samiti. The functions of the Bhumi
Prabandhak Samiti are enumerated in Section 28-B, sub-section (h) of Section 28-B provides that
the Bhumi Prabandhak Samiti is authorized to perform functions assigned to it under the U.P.
Zamindari Abolition and Land Reforms Act or any other enactment.
Sub-section 2 of Section 28-B provides that the Bhumi Prabandhak Samiti shall function subject
to the provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950.

The procedure for admitting persons to land has been provided under Section 198 of the U.P.
Zamindari Abolition and Land Reforms Act and Rules.

Jurisdiction of Gram Sabha

The jurisdiction of gram sabha expands over all public property situated within its territorial
limits. The state government has the power to give public prosperities to a gram sabha which is
not situated within its territorial limits. In such a case, gram sabha or it’s land management
property has the power to administer that land. It can exercise all its functions and duties on that
land as given by the U.P Zamindari Abolition and Land Reform Act or the U.P Panchayat Act.
But these powers are subject to modifications or conditions according to the provisions of the
Act.

Properties of Gram Sabha and its Management

26. Properties of Gram Sabha [Section 122-A, U.P.Z.A. & L.R. Act].- Gram Sabhas have been
charged with management and settlement of the following properties, which have either vested in
it or settled with them or have come into their possession-

(A) Properties, which have vested in the State as a consequence of Zamindari Abolition under U.P.
Zamindari Abolition and Land Reforms Act:

(1) All lands situated within the halquas of Gram Sabha except lands for the time being comprised in any
holding or grove.

(2) All forests falling in the halquas of the Gram Sabha, except forests entrusted to the Forest Department.

(3) All trees in jungle and all trees standing on the lands of public utility except the trees entrusted to the
Forest Department.

- Trees of grove [Section 6 (a), 8, 9 and 228, U.P.Z.A. & L.R. Act].

(4) Abadi sites (except building, whether situated in abadi or outside it, and land appurtenant thereto).

(5) Hats, bazars and melas held on the holdings, in the groves or land appurtenant to building of
bhumidhar belong to the tenure-holder or owner of the building.

(6) Tanks, ponds, fisheries and water channels, except those, which have been entrusted to the Irrigation
and Animal Husbandry Department.
(7) All pathways (in which the Kachcha road is included), which are in length less than five Miles and are
vested in Gram Sabha.

All the kachchi and pakki roads, which are in length more than five miles, are vested in the State
Government.

(8) The management of all the the private ferries, which yield income of more than Rs. 2,000 except
those, which have been entrusted to Zila Panchayat, will be performed by the Gram Sabha.

Functions, duties and powers of Gram Sabha

The functions of the Gram Sabha can be divided into two categories:

1. Duties related to land.

2. General powers and duties.

The entrustment of general acts other than that of land which is vested in Gram Sabha is taken by
the gram sabha and the gram panchayat. The land management committee is responsible for the
functions and duties related to land.

Land Management Committee

Section 28 A of U.P. Panchayat Raj Act 1947, the gram sabha should work in coordination with
the Land Management Committee and assist the committee in its duty to protect and supervise
all the property that is vested in the gaon sabha through Section 117 of U.P. Zamindari
Abolition and Land Reforms Act or any provision of the Act. Section 122, 122A and 122B define
the composition and powers of the Land Management Committee. All the members of the Land
management committee are also members of gaon sabha. The Lekhpal of the Gram Sabha is
secretary of the land management committee. The committee also consists of members from
gram or gaon panchayat. The Land Management Committee consists of all the members of gaon
panchayat. The Pradhan of the gram sabha is the ex- officio pradhan of the gram panchayat and
also the chairman of the land management committee.

Where any village or a part of a village situated within the territorial limits of any other local
authority, not being Gram Sabha, the State Government may, by geneal or special order to be
published in the manner prescribed, direct that in relation to the holding area within any such
village or part thereof or, such local authority, as may be specified in such order, shall perform,
discharge and exercise, subject to such exceptions, conditions and modifications, if any, as may
be specified in this behalf, the functions, duties and powers assigned, imposed or conferred by or
under the U. P. Zamindari Abolition and Land Reforms Act, 1950 or U. P. Panchayat Raj Act,
1947 on a Gram Sabha or Bhumi Prabandhak Samiti.
According to Section 60, Superintendence, management and control by Bhumi Prabandhak
Samiti. –

(1) Subject to the provisions of this Code, every Bhumi Prabandhak Samiti shall be charged,
for and on behalf of the Gram Panchayat, with the superintendence, preservation, management
and control of all land and other things entrusted or deemed to be entrusted to that Gram
Panchayat under section 59 or over which such Gram Panchayat is entitled to take possession
under this Code or any other law for the time being in force.

(2) Without prejudice to the generality of the foregoing provisions, the functions and duties
of the Bhumi Prabandhak Samiti shall include:-

(a) the settlement and management of land;

(b) the preservation, maintenance and development of forests and trees;

(c) the maintenance and development of abadi sites and village communications;

(d) the management of hats, bazaars and melas;

(e) the maintenance and development of fisheries and tanks;

(f) the development of cottage industries;

(g) the development and improvement of agriculture;

(h) the conduct and prosecution of suits and proceedings by or against the Gram Panchayat; and
(i) such other matters as may be prescribed

Para 36-A of the U.P. Land Record Manual provides that a Lekhpal shall work as Secretary of
the Land Management Committee (Bhumi Prabandhak Samiti) and it reads as follows:

Lekhpal to work as Secretary, Land Management Committee.--The Lekhpal shall work as the
Secretary of the Land Management Committees of his halka and shall work under the direction
of the chairman in all matters relating to such committees. He shall attend all the meetings of
committees and give any information in respect of the entries in the land records asked for by
them and also get the leases granted by the committee in respect of admissions to land duly
executed and registered or attested within the prescribed period. The Lekhapal shall also be
responsible for the proper maintenance of the accounts and registers of the committees including
register of case showing entries about all cases filed by or against the [Gram Sabha] and thereof1.

1 Lal Bahadur & Others v. State of Uttar Pradesh & Others

Powers vested in the Land Management Committee

 The committee can admit any person as the owner of land or tenure holder of any land
that is vested with the gram sabha or any other land that is a possession of the committee
through the provision of law.
 The committee has the right to initiate suit in case any of the property of the gram sabha
has been damaged or misappropriated, with approval from the assistant district collector.
The Assistant collector will initiate the proceedings for recovery and compensation for
the damages.
 Under Section 212 of the U.P Zamindari Abolition and Land Reforms Act any land that
can either be used for “public utility” or can be ejected by the Land management
committee. Any member of the committee may make an application under the said
section.
 The state government might give the power to the land management committee to collect
land revenue. The committee will receive a commission of 6.25% on the land revenue
collected and realized by it.
 The committee has the power to admit an Asami on behalf of a bhumidhar with
nontransferable rights, in case the bhumidhar is a minor, or a lunatic or has not used the
land for agriculture, animal husbandry, horticulture, poultry farming and pisciculture for
two consecutive fasli years.[According to Section 3 of Uttar Pradesh Tenancy Act 1939,
Agricultural year means the year commencing on the first day of July and ending on the
30th day of June. The term has been interpreted to be synonymous with Fasli year.] 
The land management committee has the right to take possession of property:

 In a case where a bhumidhar with transferable rights dies without a legal heir
and without making a legal will.
 In a case where a bhumidhar with non-transferable rights dies without an heir.
In case of a bhumidhar, who has non-transferable rights, decides to surrender
his holding or decides to abandon his holdings.
 In case a bhumidar has been ejected from his property in accordance with the
provisions laid down in this Act or any other provision in the law.
 In case an Asami tenure holder has been ejected or dies without an heir.

 The committee also has the power to allot land for building houses for the members of
the scheduled caste or scheduled tribes or landless labourers or village artisans, but the
committee has to get prior approval of the Assistant Collector of the sub-division.
 The possession and disposal of any wasteland, forest land and scattered trees in the
village are given to the Land management committee.
Accountability of Land management Committee

Section 123 A of the U.P Zamindari and Land Reform Act makes each member liable for their
actions. The said section provides that any member found guilty of any misconduct or neglect,
which leads to a loss or misapplication shall be held liable for that loss. The Gram Sabha and the
committee has the right to initiate a suit for compensation against the faulting member with
permission from the district collector.

Conclusion

The State Government may, by general or special order to be published in the manner prescribed,
entrust all or any of the things, which vest in the State Government, to a Gram Sabha or other
local authority for the purposes of superintendence, preservation, management and control in
accordance with the provisions of this Code. Subject to the provisions of this Code, every Bhumi
Prabandhak Samiti shall be charged, for and on behalf of the Gram Sabha, with the
superintendence, preservation, management and control of all land and other things entrusted or
deemed to be entrusted to that Gram Sabha or over which such Gram Sabha is entitled to take
possession.

BIBLIOGRAPHY: -
1. UTTAR PRADESH REVENUE CODE, 2006

2. https://blog.ipleaders.in/rehabilitation-grant-compensation-u-p-zamindari-abolition-
landreforms/
3. https://www.lawteacher.net/modules/land-law/Gram-Sabha/lecture.php

4. https://vlex.in/vid/uttar-pradesh-gram-sabha-545555090

5. http://www.upati.gov.in/MediaGallery/POINT_14.pdf

6. R. N. Chaudhary and S.K.Chaudhary, Commentary on UP Land Law, EBC Publication,

2017.