Land Laws

GAON SABHA, GRAM PANCHAYAT, AND BHUMI PRABANDHAK SAMITI

Raghvendra Kumar Chaudhary

Guest Faculty
Faculty of Law
University of Lucknow
Lucknow

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 1. Gaon Sabha:

Section 3, U.P. Panchayat Raj Act, 1947 defines Gram Sabha: The State Government
shall by notification establish a Gram Sabha for a village or group of villages having a
population of one thousand or more. Villages having population of less than one
thousand are grouped with another neighbouring village and the Gram Sabha is
established for that group of villages. Where a Gram Sabha is established for a group
of villages. The name of the village having the largest population shall be specified as
the name of the Gram Sabha. Gram Sabha shall consist of all adults aged 18 years or
above ordinarily resident within its area.

2. Gram Panchayat:

Section 2(h), U.P. Panchayat Raj Act, 1947 defines that Gram Panchayat means the
Gram Panchayat constituted under Section 12.
Section 12 defines the Gram Panchayat as: There shall be constituted for every
Panchayat area, a Gram Panchayat bearing the name of the Panchayat area. Every
Gram Panchayat shall be a body corporate and shall consist of a Pradhan and for the
Panchayat area having a population of:

i. Up to one thousand- 9 members

ii. More than one thousand but not more than two thousand- 11 members

iii. More than two thousand but not more than three thousand – 13 members

iv. More than three thousand – 15 members, shall be elected.

They shall be elected directly by the persons registered in the electoral rolls of the
territorial constituency of the Gram Panchayat.

3. Land Management Committee (Bhumi Prabandhak Samiti)

Section 28-A, U.P. Panchayat Raj Act, 1947 defines the Land Management
Committee as:

The Gram Panchayat shall also be the Land Management Committee and as such
discharge the duties of upkeep, protection and supervision of all property belonging to
or vested in or held by the Gram Panchayat under Section 117 of the repealed, 1950
Act (now under S. 59 of the Code). The State Government may by order to be

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published in manner prescribed, entrust all or any of the things specified in sub-
section (2) Section 59 of the Code to the Gram Sabha or any other local authority for
the purposes of superintendence, preservation, management and control in accordance
with the provisions of this Code.
Before passing of U.P. Village Local Self Government Laws (Amendment)
Act, 1973, the members of the Land Management Committee were elected from
amongst the members of the Gram Panchayat and were limited from five to nine only.
Members thus, elected to the Bhumi Prabandhak Committee ceased to be members of
the Gaon Sabha. But after the above amendment, all the members of the Gaon
Panchayat also became the members of the Land Management Committee. In 1972,
the U.P. Panchayat Raj Rules were modified and the number of the members of the
Gram Panchayat was reduced considerably and thus, it was considered that all the
members should be members of the Land Management Committee as it is
unnecessary to constitute the Land Management Committee of different personnel. At
present all the members of Gram Panchayat are the members of the Land
Management Committee. In other words the Land Management Committee is
constituted with all the members of the Gram Panchayat.
Under the provisions of the U.P. Panchayat Raj Act, 1947 the Gram Panchayat
is a body corporate with perpetual succession having capacity to sue and being sued.
The Lekhpal of the area of the Gram Panchayat is Secretary and Pradhan of the Gram
Panchayat is Chairman of the Land Management Committee.

3.1 Difference between Gram Panchayat and Land Management Committee:

The Land Management Committee is constituted with all the members of the Gram
Panchayat. In other words, each member of the Gram Panchayat is the member of the
Land Management Committee with the Chairman as the Pradhan of the Gram
Panchayat. The difference lies as the Gram Panchayat is a body corporate whereas the
Land Management Committee is only a statutory body. The Land Management
Committee discharges all its functions for the things entrusted or vested in the Gram
Panchayat under the Code or the repealed 1950 Act. The Secretary of the Land
Management Committee is the Lekhpal, an employee of the Revenue Department
whereas the Secretary of the Gram Panchayat is the Gram Panchayat Adhikari, an
employee of the Panchayat Raj Department. The Gram Panchayat can sue and can be

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sued. The Land Management Committee under the Code can also sue and be sued
through its Chairman.

3.2 Functions and duties of the Land Management Committee:

The Land Management Committee (Bhumi Prabandhak Samiti) shall, for and on
behalf of the Gaon Sabha, be charged with the general superintendence, management,
preservation and control of all the land, etc entrusted or deemed to be entrusted to a
Gaon Sabha.

3.2.1 Functions and Duties under Section 60 of the code

(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 proceeding by or against the gram
Panchayat; and

(i) Such other matters as may be prescribed.

3.2.2 Letting out of village tank

Section 61 provides for management of village tanks which includes talab, pond,
pokhar and other land covered with water, and where the area of the tank exceeds 0.5
acre, it will be let out by the Land management committee with the previous approval
of the sub-divisional officer.

3.2.3 Conduct of suit or legal proceedings [S. 62]

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Subject to the provisions of this Code, the Chairman or such members of Land
Management Committee as may be authorised in this behalf by such Committee, may
sign any document and do all things for the proper con duct and prosecution of suits
and other proceedings for and on behalf of the Gram Panchayat.
No suit or other proceedings to which any Gram Panchayat is a party shall be
compromised or withdrawn, unless such compromise or withdrawal is approved by a
resolution of the Land Management Committee and prior sanction of the Sub-
Divisional Officer is obtained.

3.2.4 Allotment of abadi sites [S. 63]

The Land Management Committee may with the previous approval of the Sub-
Divisional Officer, allot the following classes of land for the purpose of building
houses:

1. Any vacant land earmarked by Sub-Divisional Officer on his own motion or on the
resolution of the Land Management Committee for the allotment of abadi sites.
2. Any land earmarked for abadi sites under the U.P. Consolidation of Holdings Act,
1953.
3. Any land acquired under the provisions of the Land Acquisition Act, 1894 and the
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.

Powers of Land Management Committee:

1. Powers to admit persons in land.

With the previous approval of the Assistant Collector in charge of the Sub-division
the Land Management Committee has the right to admit any person in land vested in
the Gaon Sabha or coming into its possession under any provision of the law. If the
land is such which is enumerated under Section 77 of the Act, the person admitted
shall be an Asamis. If the land is other than the land mentioned in Section 77, the
person admitted shall be “a bhumidhar with non-transferable right”. In admitting a
person in land, the Land Management Committee must follow the order of preference
mentioned under Section 126 of Code.

2. Power to prevent, eject trespasser and recover compensation for damage or

misappropriation

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Where any property vested under the provisions of the U.P. Revenue Code, 2006 in a
Gaon Sabha is damaged or misappropriated or where any Gaon Sabha is entitled to
take or retain possession of any land under the provisions of the Code and such land is
occupied otherwise than in accordance with the provisions of the Code either on
report of Lekhpal or any other authority the Land Management Committee shall
inform the Assistant Collector concerned. The Assistant Collector shall initiate
proceedings for the ejectments of trespasser and for recovery of compensation for the
damage or misappropriation of property as land revenue.
In case, the Assistant Collector finds that charged person is not in illegal
possession of Gaon Sabha land or has not caused any damage or misappropriation
towards the land, the notice shall be discharged in view of reply of the person
concerned. But, where the charged person was proved guilty from the report and
records in respect of illegal occupation and possession of the land of Gaon Panchayat,
the person shall be charged as damages to the rate of 5% of the circle rate of market
value. Such aggrieved person has the legal right to file appeal within 30 days from the
date of order before the collector.
The proceedings contemplated under Section 67 read with Rule 67 shall be
completed as far as possible within 90 days from the date of issuance of notice and in
case Assistant Collector/Sub-Divisional Officer fails to do the full exercise within
stipulated period, he shall record the reason in writing.

3. Power to eject a person from the land of public utility.

The Chairman, Secretary (Lekhpal) or member of the Land Management Committee

may make an application to the Collector for the ejectment from the land of public
utility mentioned under Section 136 of the Code
The Land Management Committee have neither power to change the nature of
public utility of land reserved in consolidation proceedings, nor such land can be
allotted to any person of the village. No bhumidhari right will accrue under the Code
in the land earmarked for public utility.

4. Power to collect land revenue.

Section 136 read with Rule 127 of Code empowers the State Government to charge a
Land Management Committee with the duty of collecting and realising the land

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revenue. The State Government has, by general notification in the Official Gazette,
delegated this power to Collector to charge a Land Management Committee the duty
of collecting and realising the land revenue. Being authorised by the Collector, the
Land Management Committee shall be empowered to collect and realise land revenue
from bhumidhars.
The Land Management Committee shall be paid a commission of 6.25 per cent on
the land revenue collected and realized by it.

5. Power to let vacant land of minor, idiot or lunatic.

Where a bhumidhar with non-transferable rights, being a minor, idiot or lunatic has
not used his holding for a purpose connected with agriculture, horticulture or animal
husbandry which includes pisciculture and poultry farming for two consecutive Fasli
years, the Land Management Committee may admit on behalf of the said bhumidhar
any person as an asami.

6. Power to take possession over land.

The Land Management Committee is entitled to take possession over land under the
following cases:

(a) when a bumidhar with transferable rights dies heirless and without making a valid
will (Section 115);

(b) when a bhumidhar with non-transferable rights dies heirless (Section 115);

(c) when a bhumidhar and bhumidhar with non-transferable rights surrenders his
holding or his holding is declared abandoned Sections 118 to 124);

(d) when a Bhumidhar is ejected from the holding in accordance with the provisions
of the code (Section 134); or

(e) when an asami of Gaon Sabha is ejected or dies heirless (Section 136)

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