U.

P LAND REVENUE CODE,2006

Introduction :

Uttar Pradesh Revenue Code,2006 is a code applicable in Uttar Pradesh dealing with the matters
related to land revenue, tenures, reforms, etc. This Act consists of 16 chapters, 234 Sections and
4 Schedules. It minimizes the procedural complications prevailing in old laws.

It has repealed the Uttar Pradesh Zamindari Abolition and Land Reform Act 1950, UP Land
Revenue Act, 1901 and other 37 enactments which had become obsolete and were too
complicated to adhere to or comply as a whole. This new Code provides a fine balance between
the conservation of natural heritages and the demand of land for developmental activities. This
Act was assented by President of India on 29th of November, 2012 as Act No. 8 of 2012.

History :

The land revenue department was continuously facing various problems in implementation of
different laws connected with land and at the time there was 39 enactments including Uttar
Pradesh Zamindari Abolition and Land Reform Act and UP Land Revenue Act. But some of the
laws were,either contrary to another or being applied for specific area and it was creating lot of
problems to the lawmakers as well as revenue officers. Therefore, the Uttar Pradesh government
thought that all these old laws shall be abolished and new combined Code should be introduced
within the state boundaries, which can be simplified, easier and provide immediate justice to the
landholders and all other persons who are completely dependent on the agriculture and related
works for their livelihood with their families. In order to achieve these goals ,the legislators
considered and introduced a new law namely UP Revenue Code,2006 ( Act No. 8 of 2012)
receiving the assent of President of India and got published in UP Gazette on 12th of December,
2012. This Code become completely applicable on 11.02.2016.

It has brought milestone changes in land law and provided a lot of benefits to the peasants,
landless persons, rural poor persons, artisans , who are completely indulged in the agricultural
and its related activities. The State government also take initiative to reduce the number of
disputes among landholders and right of every tenure holder can be determined at initial stage by
adopting the procedure of GIS mapping for all villages.

Salient Features :

The new Code has provided benefits to all landowners , cultivators to upgrade the status in
several ways, by uplifting the economic and social standards in every phase of life specially to
the weaker sections of society and remove their economical backwardness.

Some salient features of this code are :

 1. It has repealed 39 Acts which were either unused or ineffective and not used presently in
the state
2. It provides proper division of land in map and revenue records using “ Minjumla
number”, (Section 2(29))
3. It mentions complete Constitution of revenue divisions and separate cadre od revenue
officers by State Government.
4. It also provides for separate Judicial Revenue officers; (Section 11(5), 12(5), 13(b))
5. Code provides provisions for early disposal of revenue cases;(Section 13(6));
6. Determination maintenance of boundaries, settlement of boundary disputes (Section 20 to
24) and right to recover the damages for destruction of boundary marks (Section 227)
7. Mutation of names on basis of succession or transfer by sale/will/gift(Section 33 to 35)
8. Issuance of record of rights named as kisanbahi to every tenure holder by the revenue
officer (Section 41) so that everyone can have their records of land
9. It also provides provisions for protection of usufructuary and hereditary rights of persons
who has planted trees on land of public purpose or panchayat land;
10. It also limits the propriety of land in Uttar Pradesh only in four classes : Bhumidhar with
transferable rights, Bhumidhar with non transferable rights, Asami, Government lessee;
11. The non transferable rights of bhumidhar shall acquire bhumidhar rights after 5
years( Section 76(2&3))
12. It provides exclusive right to use land by bhumidhar and get the declaration for
residential,, commercial or industrial purpose from competent authority (Section 80)
13. It provides opportunity to bhumidhar to let out his land or part thereof on lease in favour
of person, registered company, firm , trust, agricultural institution, etc. for agriculture or
installation of generate the solar electricity
14. It provides provisions for settlement of abadi sites in favour of SC/ST/OBC/EWS whose
house was existing on the date of enforcement of UP Revenue Code, 2006 (Section 64)
15. It also give protection to rights of unmarried daughters and third gender issue in
Succession (Section 108 to 110)
16. It disqualifies the murderers from inheritance (Section 114)
17. It also tries to empower widow or physically disabled person at the time of grant of
agricultural lease by the Land Management Committee (Section 126)
18. It also paves way to constitution of Village Panchayat Committee
19. For recovery of land revenue it also give powers to attach bank accounts and bank
lockers
20. In case of failure to deposit fees for more than 6 months related to government lease
property, eviction procedure is also provided in the code, etc.

Conclusion :

By giving these special, specific and easy provisions in the UP Revenue Code, 2006, legislators
have changed the whole land revenue and management system in the state. This Code is enacted
having the aim of immediate doorstep justice to the poor rustic villagers who are not familiar
with the technicalities of law and runs from pillar to post to get the justice from one court to
another court.

AIMS & OBJECTIVES:

The Uttar Pradesh Land Revenue Code Act, 2006 aims to provide a comprehensive framework
for the administration of land revenue in the state of Uttar Pradesh, India. The objectives of the
Act can include the following:

1. Streamlining Land Revenue Administration: One of the primary objectives of the Land
Revenue Code Act is to streamline and modernize the administration of land revenue. It
aims to establish a clear and transparent system for the assessment, collection, and
management of land revenue in Uttar Pradesh.
2. Land Revenue Assessment: The Act seeks to provide a standardized and fair method for
the assessment of land revenue. It aims to establish procedures for determining the value
of land, fixing appropriate rates of revenue, and ensuring that the assessments are
regularly reviewed and updated.
3. Land Records Management: The Act aims to improve the management of land records
and establish a reliable land record system. It seeks to ensure the proper maintenance of
cadastral maps, accurate recording of ownership and transfer of land, and easy
accessibility of land records to the public.
4. Protection of Rights: The Land Revenue Code Act may aim to protect the rights of
landowners, tenants, and other stakeholders. It can provide provisions for the recognition
and enforcement of property rights, mechanisms for resolving disputes related to land
revenue, and safeguards against unauthorized or illegal actions affecting land rights.
5. Land Use Planning: The Act may include provisions related to land use planning and
development. It can establish guidelines for the classification of land based on its use,
productivity, and other factors, and provide a framework for regulating land use changes,
land development, and land use conversions.
6. Revenue Generation: Another objective of the Land Revenue Code Act can be to
generate revenue for the government. It aims to ensure the efficient collection of land
revenue and prevent revenue leakage, thereby contributing to the financial resources of
the state.
7. Simplification and Consolidation: The Act aims to simplify and consolidate the laws
relating to land revenue in Uttar Pradesh. It integrates various provisions and procedures
from earlier legislations into a single comprehensive code. This simplification and
consolidation help in ensuring clarity, uniformity, and ease of implementation.
8. Land Revenue Collection Efficiency: The Act seeks to improve the efficiency of land
revenue collection processes. It establishes mechanisms for timely and accurate
collection of land revenue, including provisions for the use of modern technology and
electronic methods of payment.
 9. Land Revenue Management and Planning: The Act may have provisions for effective
land revenue management and planning. It aims to assist in the formulation and
implementation of policies related to land use, land development, and land management.
This can include measures to promote sustainable land use practices, conservation of
natural resources, and balanced regional development.
10. Encouraging Agricultural Productivity: The Act can have objectives related to promoting
agricultural productivity and rural development. It may provide incentives and support
for agricultural activities, such as the provision of credit facilities, irrigation
infrastructure, and other forms of assistance to farmers.
11. Transparency and Accountability: The Act aims to promote transparency and
accountability in land revenue administration. It may establish mechanisms for public
access to land records, grievance redressal, and monitoring of revenue collection and
utilization. This helps in reducing corruption, ensuring fairness, and building trust among
stakeholders.
12. Integration of Technology: The Act may encourage the integration of technology in land
revenue administration. It seeks to leverage digital platforms, automation, and online
services to improve efficiency, accuracy, and accessibility of land revenue-related
processes. This can include online land record management systems, e-payment facilities,
and digitization of land-related documents.
13. Social Welfare: The Act may have social welfare objectives, aiming to protect the
interests of marginalized and vulnerable sections of society. It can include provisions for
the protection of land rights of Scheduled Castes, Scheduled Tribes, and other
disadvantaged groups, as well as measures to address land-related disputes and conflicts.

CLASS OF TENURE HOLDER:

Under the Uttar Pradesh Land Revenue Code, 2006, there are various classes of tenure holders
recognized. These classes reflect different rights and responsibilities associated with land
ownership or occupation. Here are some of the main classes of tenure holders:

 Bhumidhar: Bhumidhar refers to the owner of agricultural land. Bhumidhars have full
ownership rights over the land they cultivate, subject to certain restrictions and conditions
as specified in the Code.
 Sirdar: Sirdar is a class of tenure holder who holds land directly from the government and
has rights akin to a Bhumidhar. Sirdars have ownership rights over the land they
cultivate, but the land may have been granted to them under certain special circumstances
or historical reasons.
 Asami: An asami is a tenant who holds land from a Bhumidhar or Sirdar. Asamis have
the right to cultivate the land and enjoy the produce, but they do not have ownership
rights over the land itself. The rights and obligations of asamis are governed by the
provisions of tenancy laws and agreements.
  Adhivasi: Adhivasi refers to a tribal person or a member of a Scheduled Tribe who has
been granted land for cultivation or settlement under special provisions. Adhivasis may
have specific rights and protections under the Code to safeguard their interests.
 Bhumidhar with Transferable Rights: Bhumidhars with transferable rights are landowners
who have been granted the right to transfer their land to others through sale, gift,
mortgage, or lease. This class of tenure holders has the ability to transfer their land to
other individuals.
 Government Lessee: A government lessee is a person or entity that holds land on lease
from the government. They have temporary rights to use and occupy the land for
specified purposes, subject to the terms and conditions of the lease agreement.

REVENUE COURT & HIERARCHY OF COURTS:

Introduction

In each district of India, there are various types of subordinate or lower courts. Subordinate
courts have a very consistent structure and operation across the country. The names of the courts
denote their functions. Civil courts, criminal courts, and revenue courts are the three types of
such courts. These courts consider civil, criminal, and revenue cases, respectively.

As per the powers bestowed on them, these courts deal with civil and criminal matters. These
Courts were primarily derived from two significant Codes regulating, namely, the Code of
Criminal Procedure, 1973, and were further enhanced by local statutes. A revenue court is one
that has original jurisdiction under this Code to try suits or proceedings relating to the rent,
revenue, or profits of land used for agricultural purposes. It does not include a civil court that has
original jurisdiction under this Code to try such suits or proceedings as civil suits or proceedings.
Revenue courts in India

Revenue courts deal with cases of land revenue in the state. The Board of Revenue is the
district’s highest revenue court, followed by the Commissioners’, Collectors’, Tehsildars’, and
Assistant Tehsildars’ Courts. The Board of Revenue is in charge of hearing final appeals from
the lower revenue courts. The primary goal of these courts is to address all issues relating to land
revenue, as well as issues affecting agricultural land boundaries and tenancy. Suits referred to
here include succession, land transfer, the partition of holdings, demarcation of boundaries,
removal of encroachments, eviction of trespassers, and declaratory suits (specifically in Uttar
Pradesh) in several states. In any case, such lawsuits do not fall under the jurisdiction of civil
courts.

The different types of revenue courts are provided hereunder;

1. Board of Revenue
2. Commissioner’s Court
3. Collectors’ Court
 4. Tehsildar’s Court

A uniform designation has been brought about in the subordinate judiciary’s Judicial Officers all
over the country, by means of:

District or Additional District Judge, Civil Judge (Senior Divisions) and Civil Judge (Junior
Division) on the Civil side, and

On the criminal side, Sessions Judge, Additional Sessions Judge, Chief Judicial Magistrate and
judicial magistrates made in existing posts by indicating their equivalent with any of these
categories by all state Government/Union Territories Administrations.

The administrative control over members of the subordinate judicial service is vested in the
concerned high court under Article 235 of the Indian Constitution. In addition, in the execution
of the powers entrusted to the appropriate designated individual, the state government shall
create rules and regulations in consultation with the high court exercising jurisdiction in
connection to Article 309 read with Articles 233 and 234 of the Constitution.

Constitution of revenue courts

The constitution of revenue courts varies from one state with another other. The general
composition of revenue courts has been listed hereunder:

1. Board Members (Both admin and judicial): This board usually consists of a Chairman
and any other members are chosen by the state government. The principal duty of this
board is to act as the ultimate decision-maker in instances involving disposition, appeals,
or modification. Also, in all other issues provided in separate state codes, subject to the
supervision, direction, and control of the state Government.
2. Commissioners or Additional Commissioners: Each division will have a commissioner
nominated by the State Government. One or more extra commissioners may be appointed
by the State Government in one or more divisions.
3. Collectors or Additional Collectors: The person in charge of revenue administration is
known as a collector. As a result, a state government must appoint a commissioner in
each district, as well as one or more additional commissioners in one or more districts.
4. Assistant Collectors: The state Government has the ability to appoint as many people as it
sees fit for the positions of first and second-class assistant collectors. In addition, if
necessary, the state government may designate an assistant-collector first class to serve as
extra sub-divisional officials for one or more tehsils in a district.
5. Chief Revenue Officers: A revenue inspector’s job is to ensure that village records are
properly maintained, supervised, and corrected, among other things. Each district’s
collector has the authority to designate one or more tehsils.
6. Settlement Officers and Assistant Settlement Officers: They have generally involved
settling disputes between parties to a suit.
 7. Record Officers and Assistant Record Officers: These officers are responsible for
maintaining all official records that are required in day to day activities of the revenue
board or courts in general.
8. Tahsildars and Tahsildar (Judicial): A tax officer accompanied by revenue inspectors is
known as a tehsildar. They are responsible for collecting taxes on land revenue from a
tehsil. A tehsildar is often referred to as the tehsil’s Executive Magistrate.
9. Naib Tahsildar: The state Government has the authority to appoint as many Naib
Tehsildars as it sees fit in each district.

Powers of revenue courts in India

Although powers of revenue courts in India varies from one state to that of the other taking into
account the distribution and subject matter of the concerned work, a list of general powers that
are vested on revenue courts in India have been provided hereunder:

1. Power to ask for records: The board or commissioner has the authority to request any
records relating to any kind of suit or proceeding that is being judged by any subordinate
revenue court in which no appeal has been filed, or even if an appeal has been filed, it is
to be deemed that the same has not been filed yet. The purpose behind the same is to
ensure the satisfaction of board members, legality or propriety, of any such order passed
in a particular suit or proceeding referred to by the Board member.
2. Power to review: A revenue board has the power to review any of the order passed by
itself or pass any such order as it may think fit on the basis of any applications made to it
by an interested party or board can do so, of its own motion.
3. Power to transfer cases: A revenue board has the authority to transfer cases from one
revenue court to another revenue court of a higher or equivalent rank, in the same district
or any other district, but only if it is convenient and practicable for the goals of justice.

Revenue courts in Uttar Pradesh

Revenue Court means all or any of the following authorities in Uttar Pradesh, as defined by
Section 4(16) of the Uttar Pradesh Revenue Code, 2016;

The Board and all members thereof,

1. Commissioners,
2. Additional Commissioners,
3. Additional Collectors,
4. Assistant Collectors,
5. Settlement Officers,
6. Assistant Settlement Officers,
7. Record Officers,
8. Assistant Record Officers,
 9. Tehsildar and Naib Tahsild

The primary goal of these courts is to address all issues relating to land revenue, as well as issues
affecting agricultural land boundaries and tenancy. Suits referred to here include succession, land
transfer, the partition of holdings, demarcation of boundaries, removal of encroachments,
eviction of trespassers, and declaratory suits in several states, including Uttar Pradesh. In any
case, such lawsuits do not fall under the jurisdiction of civil courts.

The goal of computerising all of the state’s revenue courts is to ensure 100 percent transparency
in the revenue courts’ proceedings and to make information related to cases, such as due dates,
court orders, and all information about the court’s proceedings, available to litigants, advocates,
and the general public.

Presently, 15.58 million cases have been adjudicated by the revenue courts across Uttar Pradesh,
among which 13.82 Million have been disposed of, while 1.76 million cases are pending. The
revenue court list with the level and name of the court located in the largest State of Uttar
Pradesh are listed hereunder:

Name of the District: Mau

Magistrates

Additional District Magistrate, Finance and Revenue

Additional District Magistrate (Judge)

Chief revenue officer

Assistant Inspector General, Stamp

Town magistrate

Additional deputy collector

Name of Tehsil: Maunath Bhanjan

Sub-collector Tehsildar

Tehsildar, judicial

Naib Tehsildar

Naib Tehsildar, Maunath Bhanjan

Name of Tehsil: Ghosi

Sub-collector Tehsildar
Tehsildar, judicial

Naib Tehsildar

Name of Tahsil: Madhuban

Sub-collector Tehsildar

Naib Tehsildar

Name of Tahsil: Mohammadabad Gohana

Sub-collector Tehsildar

Naib Tehsildar.

Uttar Pradesh Revenue Code, 2006

To consolidate and update the law relating to land tenures and land revenue in the State of Uttar
Pradesh, the Uttar Pradesh Revenue Code, 2006 was enacted. Amendments to the said Code
were required in order to ensure smooth availability of land for the purpose of industrialisation,
to reduce the amount of fine for regularisation of an acquisition or purchase done without
obtaining prior approval of the state government, to promote investment in the state, remove
difficulties in the establishment of industries, and for better implementation of government
schemes. It was determined to revise the aforementioned Code to include the aforementioned
changes. Since the state legislature was not in session and immediate legislative action was
necessary to implement the aforesaid decision, the Uttar Pradesh Revenue Code (Amendment)
Ordinance, 2020 (UP Ordinance no. 22 of 2020) was promulgated by the Governor on December
28, 2020.

Powers of the revenue courts in Uttar Pradesh

Under U.P. Revenue Code, 2006 following powers are available to revenue courts:

1. Power to call for the records (Section 210): According to this Section, the board or
commissioner has the authority to request any records relating to any kind of suit or
proceeding that is being judged by any subordinate revenue court in which no appeal has
been filed or, if an appeal has been filed, it has not been filed yet. The purpose of this is
so that board members can satisfy themselves as to the legality or propriety of any such
order passed in a particular suit or proceeding being referred to them and if such
subordinate courts appeal to have:
2. Exercised any such jurisdiction not empowered to it by law; or
3. Failed to exercise any such power vested by law;
 4. Also, if it is discovered that such jurisdiction has been exercised illegally or involves
material irregularities of any kind, the appropriate commissioner or board member,
whoever appears fit to the situation, may issue whatever order they deem or agree to be
valid in the particular scenario.
5. Power to restrict applicants from applying(Section 210): If a person has already filed an
application with the board of directors or the commissioner, that person will not be
allowed to file another application with any of the revenue court members.
6. Power to refuse from hearing (Section 210): No further orders shall be heard under this
section after 30 days have passed from the introduction of the Code or from the date of
the order sought to be changed.

Boards power of review (Section 211):

This clause gives the court the authority to examine any of its own orders or to make any other
order it sees fit on the basis of any applications submitted to it by an interested party or on its
own motion.

Only those orders that fall under the following grounds will be reviewed under subsection 1 of
Section 211:

If any new or significant information or evidence is discovered;

Any type of error or omission seen on the act of record; and

Any other justification is sufficient.

Orders that have been passed on review will not be reviewed again.

Power to transfer cases (Section 212):

Under this provision, a board has the authority to transfer cases from one revenue court to
another revenue court of a higher or equivalent rank, in the same district or any other district, but
only if it is convenient and practicable for the goals of justice.

It also gives the Commissioner, the Collector, or the Sub-Divisional Officer the authority to
delegate any case or class of cases arising under the provisions of this Code or any other
enactment in force, for a decision from his own file, to any revenue officer subordinate to him
and competent to decide such case or class of cases, or to withdraw any case or class of cases
from any such revenue officer and deal with such case or class of cases himself.

Members of the Uttar Pradesh Board of Revenue

The Board of Revenue is made up of a Chairman and two administrative members, as well as
seven judicial members. It is in charge of overseeing and controlling all administrative and
judicial land records, settlement, and revenue proceedings in the state.
Jurisdiction of revenue courts

Section 206 of the U.P. Revenue Code, 2006 discusses the jurisdiction of civil courts and
revenue courts in the State of Uttar Pradesh. It states the following:

No civil court shall entertain any suit, application, or proceeding to obtain a decision or order on
any matter which the state government, the Board, any revenue court, or any revenue officer is
empowered to determine, decide, or dispose of by or under the 2006 Code, notwithstanding
anything contained in any law currently in force, but subject to the provisions of the
aforementioned Code.

Except as otherwise specifically allowed by or under this Code, and without prejudice to the
generality of the provisions of sub-section (1):

Any of the matters listed in the Second Schedule is outside the jurisdiction of a civil court; and

Any suit application or procedure indicated in Column 3 shall be heard by the revenue Court or
the revenue officer specified in Column 4 of the Third Schedule.

Any appellate, revisional, or executing court shall not entertain an objection that a Court or an
officer mentioned in sub-section (2)(b) had or had no jurisdiction with respect to any suit,
application, or proceeding, unless the objection was brought before the court or officer of first
instance, at the earliest opportunity, and in all cases where issues are settled at or before such
settlement, and unless there has been a finding of fact.

First appeal (Section 207)

If a party is dissatisfied with a judgement or decree entered in a suit or proceeding specifically

mentioned in Column 3 of the III Schedule, it may file a first appeal with the court or the officer
specified against it in Column 5, provided that such an order or decree is entered by the court or
the officer specified against it in Column 4.

First appeal may also be filed against the order of the nature specifically mentioned:

In Section 47 of the Code of Civil Procedure, 1908;

In Section 104 of the U.P. Revenue Code, 2006;

Also, in Order XLIII of the I Schedule of U.P. Revenue Code, 2006

Second appeal (Section 208)

If a party is aggrieved by a judgment or decree entered in a first appeal filed under Section 207
of the said Code in any suit, application, or action listed in Column 3 of the III Schedule, that
party may file a second appeal in the court listed in Column 6.
The appellate court will only hear a second appeal if they consider there is a special reason or if
they are persuaded that the issue raises a serious point of law.

There is a time restriction for filing an appeal, according to this provision, the time limit is 90
days from the date of the order or decree being appealed against.

Bar against certain appeals

No appeal can be made against an order or decree, regardless of what is stated in Sections 207
and 208:

Enacted under Chapter V of the U.P. Revenue Code, 2006.

Granting or denying a request for a delay condonation under Section 5 of the Limitation
Act of 1963.

An application that has been turned down for evaluation.

When a request for a delay is granted or denied.

Transferring the case to a lower court.

Where the nature of order or decree is interim.