MP Land Revenue Bare Act 1959 Download PDF (Notes)

Overview: Madhya Pradesh land revenue code 1959 is an important piece of legislation for Judiciary Aspirants who are targetting MP Judiciary. An aspirant must make sure that they read the entire bare act to get a complete understanding of the act. You can refer to this article to understand the important concepts of the act. 

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The Act delineates the procedure for the collection of land revenue, designating revenue officers responsible for imposing and collecting such revenue. Additionally, it provides a clear definition of agricultural tenures for the purpose of determining revenue assessment periods. The primary objective of this act is to consolidate the rights and responsibilities of individuals, or Bhoomiswamis, in relation to their land holdings. This includes matters such as land income payments, land transfers, and land utilization for activities associated with these holdings, all within a unified framework.

Under this Act, "land" is defined as an account in which the account holder is recognized as the Bhoomiswami. The Bhoomiswami holds exclusive rights and liabilities related to the land, as well as ownership of the account through which land revenue is paid. Furthermore, the Bhoomiswami possesses the authority to sell, lease, or mortgage the land as deemed necessary.

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As articulated in the preamble of the Acts:

"The Act seeks to consolidate and amend the legal framework governing land revenue, delineating the powers of Revenue Officers, elucidating the rights and obligations of landholders under the State Government, addressing agricultural tenures, and encompassing other matters related to land, along with the associated liabilities, in the region of Madhya Pradesh."

The Code outlines the specific responsibilities of Revenue Officers while also delineating boundaries to prevent them from delving into matters beyond their jurisdiction. Notably, a prerequisite for workmen to survey and demarcate an occupier's property is the issuance of a 24-day notice by Revenue Officers to the resident. Both the Board and Officers are vested with the authority of a Court, serving as guardians to ensure the prevention of any potential misuse of the judicial system. To uphold the principles of justice, the Board and Commissioner possess the power to transfer cases between Revenue Officers, either to one of the same or higher rank, in pursuit of their objectives.

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The Land Revenue Code encompasses the following key aspects:

Structure of Revenue Administration:

• Under Section 3, the State Government appoints members to a Board of Revenue explicitly designated for the purposes outlined in this act. The Board is led by a designated President and comprises two other members.
• The government's official gazette will announce the location of the Board's headquarters, which, at present, is situated in Bhopal. The Board serves as the highest authority, endowed with powers and functions as prescribed by this law or through notifications issued by the state government. One of its primary responsibilities is the collection of revenue.

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Revenue Collection and Oversight:

• The Board not only oversees revenue collection but also functions as an appellate body for revenue-related matters.
• The statute defines a category of officers known as Revenue Officials. This category encompasses Collectors, Sub-Divisional Officers, Tehsildars, Settlement Officers, and Superintendents of Land Records.

Land Revenue and Usage Categories:

• The term "land revenue" encompasses all payments owed to the State Government for land.
• Notably, land used for agricultural purposes is exempt from the provisions of this Act.
• The quantum of land revenue payable is contingent on the land's designated usage, which may fall under categories such as agricultural, residential, educational, industrial, or commercial.

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STATUTORY PROVISIONS

The Act (Section 157) defines only one type of land tenure holder, known as a Bhoomiswami. Those who meet the Act's requirements for land possession are termed Bhoomiswamis, including those holding government leases for over ten years. The Bhoomiswami is responsible for paying the land revenue for the land they hold, whether it is through ownership or as rent.

Additionally, the Act grants the State Government the authority to determine exemptions from land revenue payments. Under this Act, the Bhoomiswami also possesses the right to transfer land.

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The Code outlines the specific responsibilities of Revenue Officers and restricts them from investigating matters beyond their jurisdiction. A prerequisite for workmen to survey and demarcate an occupier's property is that the resident has received a prior 24-day notice from Revenue Officers. Both the Board and Officers are accorded the status of a Court, serving as guardians to prevent any misuse of the judicial system. In pursuit of justice, the Board and the Commissioner have the authority to transfer cases between Revenue Officers of the same or higher rank.

The Board is authorized to establish regulations consistent with the Code's provisions regarding the powers of Revenue Officers, including summoning and adjournment procedures. Such regulations must receive approval from the State Government before being published in an official notification. Unless otherwise specified, procedures adhere to those outlined in the Code of Civil Procedure, 1908.

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Section 138 of the Code provides a list of those obligated to pay land revenue, including Bhoomiswamis or lessees. If a holding is occupied by multiple occupants falling under these categories, they are jointly and severally liable for payment. Land revenue is paid in installments on the first day of the fiscal year, following the norms of the State. Defaulters, individuals who fail to meet payment deadlines, are liable for arrears and may incur penalties if payment is not made within one month of the due date.

Government lessees, as defined in Section 180 of the Code, pertain to individuals holding State Government property or those granted the right to occupy it. The term "government lessee" encompasses individuals who hold land as regular tenants, special tenants, or "gair khatedar tenants" as specified in the relevant Madhya Bharat Land Revenue and Tenancy Act, 2007, Vindhya Pradesh Land Revenue and Tenancy Act, or Rajasthan Tenancy Act.

In the case of The State of Madhya Pradesh v. Sabal Singh[5], where Section 158(1)(a)[6] stipulated that a pakka tenant or a Maufidar, Inamdar, or Concessional holder defined in the Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (66 of 1950), would be referred to as a Bhumiswami if they met the criteria. Bhumiswami rights were conferred upon tenants or Muafidars, etc., under Section 158(1)(a) of the M.P. Land Revenue Code, 1959.

In the event that they qualified as pakka tenants or Maufidars, Inamdars, or Concessional holders as defined in Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (66 of 1950), Section 158(1)(b) provided that such "pakka tenants" would be referred to as Bhumiswamis in the M.P. Land Revenue Code, 1959.

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ANALYSIS

The term "land revenue" encompasses all payments due to the State Government for land. Importantly, land used for agricultural purposes is exempt from the provisions of this Act. The quantum of land revenue payable is contingent upon the land's designated usage, which may fall under categories such as agricultural, residential, educational, industrial, or commercial.

Consequently, the Code consolidates all legislation related to revenue into a single code, referred to as the Madhya Pradesh Land Revenue Code, 1959. These provisions comprehensively cover major aspects of revenue administration in Madhya Pradesh, simplifying the land revenue system. The current Consolidation Officer is responsible for demarcating the holding's boundaries, creating a new field map, and updating the record of rights. The rights of the Bhoomiswami are established through this consolidation process.

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Revenue Board Under Madhya Pradesh Land Revenue Code

The Board of Revenue functions as the superior revenue court responsible for adjudicating all appeals against the Commissioner's rulings. To fulfill the objectives set forth in the Madhya Pradesh Land Revenue Code (MPLRC), the Board of Revenue has been endowed with a range of powers.

The character of the Board of Revenue is quasi-judicial in nature. Sections 3 to 10 of the Madhya Pradesh Land Revenue Code, 1959, encompass provisions pertaining to the establishment, authority, and functions of the Board of Revenue.

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Establishment of the Board of Revenue

The formation or constitution of the Board of Revenue is detailed in section 3 of the Madhya Pradesh Land Revenue Code, 1959. This section stipulates that the Board of Revenue must comprise a President and a minimum of two members, all appointed by the state government at the discretion of the President.

Moreover, section 3 specifies that any pre-existing Board of Revenue operating in multiple areas prior to the MPLRC's enactment is deemed to be the Board of Revenue for Madhya Pradesh from the date of the MPLRC's commencement.

Eligibility criteria for members are outlined in section 5 of the MPLRC, which states that to serve on the Board, an individual must either be eligible for appointment as a High Court Judge or possess a minimum of five years of experience as a Revenue Officer holding the rank of not less than Collector.

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Conditions of Service

Section 5 of the MPLRC also delineates the conditions of service for members of the Board of Revenue. In the event a Board member is unable to fulfill their duties due to absence or other reasons, the state government holds the authority to appoint a temporary replacement through a notification.

The terms and conditions of service, including those of the President and members of the Board, are prescribed by the state government and remain in effect until modified or superseded.

Salaries and Allowances

Section 6 of the MPLRC empowers the state government to determine the salaries and allowances for members of the Board. These remunerations are financed from the consolidated funds of the state.

Jurisdiction and Powers of the Revenue Board

The Board of Revenue is mandated to exercise powers and perform functions as entrusted by the Madhya Pradesh Land Revenue Code. Additionally, it must carry out functions assigned by either the state government or central government through notifications.

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The following powers are conferred upon the Revenue Board under the MPLRC:

1. Power of Superintendence of the Board

Section 8 of the Madhya Pradesh Land Revenue Code bestows the Board with the power of superintendence over authorities, regardless of their duration of involvement in a particular matter. The Board is also authorized to call for returns, although this authority is subject to its appellate and revisional jurisdiction.

2. Power to Make Rules

Section 9 of the MPLRC grants the Board of Revenue the authority to formulate rules governing the exercise of its powers and functions. These rules may be established by benches consisting of one or more members, with decisions made by such benches considered as decisions of the Board.

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3. Power to Transfer Cases

According to section 29 of the MPLRC, the Board possesses the capability to direct the transfer of specific cases from one revenue officer to another, provided that the receiving officer holds an equal rank to the previous officer.

4. Power to Hear Appeals

Section 44 of the Madhya Pradesh Land Revenue Code empowers the Board of Revenue to adjudicate appeals against orders issued by the Commissioner, effectively granting it appellate jurisdiction in such cases.

5. Power of Revision

Under section 50 of the MPLRC, the Revenue Board can scrutinize any case's record or proceedings in which an order has been issued by the Commissioner. This authority can be exercised either at the Board's own initiative (suo moto) or in response to applications submitted by concerned parties.

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6. Power to Review Orders

Section 51 of the Madhya Pradesh Land Revenue Code authorizes the Board of Revenue to review and modify any order passed by itself or any of its predecessors-in-office. Like the power of revision, this can be initiated suo moto or in response to applications by involved parties.

7. Conferral of Court Status

Section 31 of the MPLRC specifies that the Board of Revenue assumes the status of a revenue court when investigating or adjudicating disputes between the state government and individuals or between parties in proceedings under the MPLRC or other prevailing laws.

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Appeal, Revision and Review Under MPLRC

An appeal is a procedure by which any party or parties dissatisfied with a decision rendered by a lower court or authority can petition a higher court or authority to reconsider and potentially reverse the lower court's decision. Appeals serve as a means to rectify errors or provide further elucidation and interpretation of the law by the higher court.

On the other hand, revision is a process through which cases characterized by faulty conclusions, non-exercise, or improper exercise of jurisdiction are re-evaluated and potentially rectified. It represents the authority vested in a higher-level court to review and revise the judgments issued by its subordinate courts.

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Provisions Pertaining to Appeals

Chapters V, Sections 44 to 49, of the Madhya Pradesh Land Revenue Code, 1959 encompass provisions concerning appeals, with the exception of Section 45, which has been omitted.

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Appeals and Appellate Authorities

Section 44 of the MPLRC delineates the grounds for appeals and identifies the appropriate appellate authorities. It outlines the following hierarchy for appeals against original orders:

1. If an order is issued by a revenue officer subordinate to the sub-divisional officer, the appeal is directed to the sub-divisional officer.
2. If an order is issued by a revenue officer subordinate to the deputy survey officer, the appeal is directed to the deputy survey officer.
3. If an order is issued by a sub-divisional officer, assistant collector, joint collector, or deputy collector, the appeal is addressed to the collector.
4. If an order is issued by the deputy survey officer, the appeal is made to the district survey officer.
5. If an order is issued by the collector or district survey officer, the appeal is made to the commissioner.
6. If an order is issued by the commissioner, the appeal is made to the revenue board.

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Additionally, Section 44 permits second appeals against orders rendered in the first appeal, with the following provisions:

1. If the first appeal order is issued by the sub-divisional officer, deputy survey officer, collector, or district survey officer, the second appeal is directed to the commissioner.
2. If the first appeal order is issued by the commissioner, the second appeal is addressed to the revenue board.

Furthermore, clause (3) of Section 44 lists the conditions under which second appeals are admissible. Second appeals can be made if the original order in the first appeal has been altered or overturned, except in matters of costs; if the order contradicts established law or customary practices with the force of law; if the order fails to resolve significant legal issues or established practices with the force of law; or if there has been a substantial error or procedural flaw as specified by the MPLRC, which may have impacted the case's merits.

Lastly, appeals against revision orders follow the same procedure as those against original orders.

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Exceptions (Orders Not Subject to Appeal)

Section 46 of the Madhya Pradesh Land Revenue Code, 1959, enumerates orders against which no appeal can be filed. Appeals cannot be made against the following orders:

1. Decisions on applications for condonation of delay based on the grounds stipulated in Section 5 of the Limitation Act.
2. Rejection of applications for review.
3. Decisions on applications for stay.
4. Interim orders.
5. Orders issued under the provisions of Sections 29, 30, 104, 106, 114A, 127, 146, 147, 267, 208, 210, 212, 215 of the MPLRC.

Moreover, second appeals cannot be filed against orders issued in the first appeal under the provisions of Sections 131(1), 134, 173, 234, 239, 240, 241, 242, and 248 of the MPLRC.

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Limitation Period for Appeals

Section 47 of the MPLRC establishes the limitation period for appeals. In the case of the first appeal, the application must be submitted within forty-five days from the date of the original order. For second appeals, the application must be filed within forty-five days from the order issued in the first appeal.

In summary, the period of limitation for filing an appeal, whether it is a first or second appeal, is forty-five days from the date of the order under consideration.

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Powers of the Appellate Authority

The appellate authority possesses the following powers:

1. The authority may either accept or reject the appeal after reviewing the records and affording the appellant an opportunity to present their case.
2. If the appeal is admitted, the appellate authority is responsible for scheduling the hearing date and notifying the respondent.
3. The appellate authority can confirm, reverse, or modify the order being appealed, but this can only be done after hearing both parties.
4. The appellate authority also has the power to receive necessary evidence before issuing a decision.

Provisions Related to Revision

Section 50 of Chapter V of the MPLRC addresses the provisions concerning revision. According to this section:

1. The revenue board has the authority to request the records of any case decided by the commissioner, either on its own initiative or in response to an application from any party involved.
2. The commissioner can similarly request records for any case or proceeding in which an order has been issued by the collector or the district survey officer.
3. The collector or district survey officer can request records for any case decided by a revenue officer subordinate to them.

Furthermore, Section 50 specifies conditions under which revision applications are not entertained. Revision applications are not accepted:

1. If the application seeks revision of an order that is appealable.
2. If the application seeks revision of an order issued in a second appeal.
3. If the order was issued by the commissioner.

Prior to initiating a revision of an order, a notice must be served to both parties. An order cannot be overturned unless both parties have received prior notice and had an opportunity to be heard.

Limitation Period for Revision

Section 50 of the MPLRC also outlines the limitation period for filing a revision application. The application for revision must be submitted within forty-five days from the date of the order being challenged.

Provisions Related to Review

Section 51 of the MPLRC contains provisions concerning the review of orders. It grants the revenue board the authority to review any order issued by itself or its predecessors-in-office. This review can be initiated either suo moto (on its own motion) or upon application by any interested party. Similarly, revenue officers have the power to review any order issued by themselves or their predecessors-in-office. Both the board and revenue officers can issue appropriate orders following the review, as they deem necessary.

Section 51 further stipulates that if the commissioner, collector, or district survey officer wishes to review an order not issued by them, they must obtain the board's consent. Similarly, if an officer subordinate to the collector or district survey officer wishes to review an order, they must obtain consent from the collector or district survey officer to whom they report.

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Exceptions (Orders Not Subject to Review)

While individuals have the right to apply for a review, certain orders are exempt from review. These orders include:

1. Orders that are subject to appeal.
2. Orders arising from revision proceedings.
3. Orders involving disputes over rights between private individuals (though an application for review is permissible in such cases if filed by the party whose rights are affected).
4. Any application for review submitted after forty-five days from the date of the order being challenged.

Understand Revenue Officers and Their Powers Under the Madhya Pradesh Land Revenue Code, 1959 for Judiciary

Revenue officers are individuals designated to gather taxes on behalf of the government or another entity. These officers are appointed by the State Government. According to Section 2(1)(u) of the Madhya Pradesh Land Revenue Code, 1959, any officer listed in Section 11 of the MPLRC is classified as a revenue officer. Section 11 outlines 19 distinct categories of revenue officers, including:

• Principal Revenue Commissioner
• Commissioner Additional
• Commissioner
• Commissioner Land Records
• Additional Commissioner Land Records
• Collector
• Additional Collector
• District Survey Officer
• Sub-Divisional Officer
• Deputy Survey Officer
• Assistant Collector
• Joint Collector
• Deputy Collector
• Tahsildar Additional
• Tahsildar
• Assistant Survey Officer
• Superintendent of Land Records
• Nasib Tahsildar
• Assistant Superintendent of Land Records

Powers of Revenue Officers Revenue officers possess various powers under the Madhya Pradesh Land Revenue Code, including:

1. Authority to Enter Upon and Survey Land: Section 28 of the MPLRC grants revenue officers, along with their subordinates and workers under their supervision and control, the following powers:

• The power to enter upon and survey land.
• The authority to demarcate or define boundaries.
• The ability to perform other duties as prescribed by the MPLRC or other applicable laws. This section also imposes limitations, preventing revenue officers and their staff from causing excessive damage beyond what is necessary for carrying out their duties. It prohibits entry into buildings or enclosed gardens attached to dwelling houses without the occupier's consent and without providing at least twenty-four hours' notice.

2. Conferment of Court Status: Section 31 of the MPLRC outlines the circumstances under which revenue officers are accorded the status of a revenue court. This status is conferred when exercising their powers to inquire into or decide questions arising between the state government and individuals or between parties involved in proceedings under the MPLRC or any other prevailing law.

3. Authority to Require Attendance and Compel Witness Attendance: Section 33 of the MPLRC provides revenue officers with the following powers:

• The power to take evidence.
• The ability to summon individuals deemed necessary for:
  • Examination as a party.
  • Providing testimony as a witness.
  • Producing documents in support of inquiries or cases. However, these powers are subject to the provisions of sections 132 and 133 of the Civil Procedure Code and rules established under section 258 of the MPLRC.

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Additionally, section 34 of the MPLRC stipulates that if a summoned person fails to comply with the summons, the issuing officer can:

• Issue a bailable arrest warrant.
• Order the person to provide security for their testimony.
• Impose a fine of up to 1000 rupees.

1. Power to Adjourn Hearings: Section 36 of the MPLRC empowers revenue officers to adjourn case or proceeding hearings, provided that reasons for the adjournment are recorded. However, no party should be granted more than three adjournments during the course of the hearing, and each adjournment should be accompanied by costs.
2. Authority to Award Costs: Under section 37 of the MPLRC, revenue officers have the authority to award costs incurred in a case or proceeding as they see fit. Legal practitioners' fees, however, are not allowed as costs unless deemed necessary and recorded in writing by the officer.
3. Reversal or Alteration of Orders: Orders issued by revenue officers can be reversed or altered in appeal or revision if errors, omissions, or irregularities in summons, warrants, notices, or orders exist, provided that such issues result in a miscarriage of justice.

Provision Related to Conducting Inquiries Section 27 of the Madhya Pradesh Land Revenue Code addresses the conduct of inquiries by revenue officers. It prohibits them from investigating or hearing cases outside their local jurisdiction, except when reasons are recorded in writing. Sub-Divisional Officers, however, have broader discretion and can inquire or hear cases anywhere within the district.

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Who Can Submit Applications to Revenue Officers Section 39 of the Madhya Pradesh Land Revenue Code specifies that appearances and applications can be submitted to revenue officers by the parties themselves, their recognized agents, or legal practitioners.

Provisions Related to Village Officers (Patels & Kotwars) Under MPLRC

In accordance with regulations established under the Madhya Pradesh Land Revenue Code (MPLRC), Revenue Officers are vested with the authority to designate certain village officers, including Patels and Kotwars. These appointed village officers are responsible for tasks such as the collection of land taxes, the upkeep of boundary demarcations, village sanitation, and the execution of other duties as assigned by Revenue Officers. Chapter XVII of the MPLRC encompasses a comprehensive set of provisions pertaining to Village Officers.

Below is a legal overview that provides an in-depth examination of the provisions concerning Village Officers under the MPLRC, including Patels and Kotwars.

Patels Under MPLRC

Patels, under the Madhya Pradesh Land Revenue Code (MPLRC), serve as village officers responsible for collecting and remitting land revenue to the Gram Kosh. The relevant provisions governing their appointment, remuneration, duties, and more are outlined in sections 222 to 229 of the MPLRC.

Appointment of Patels

Section 222 of the MPLRC stipulates the procedure for appointing Patels. The Collector is tasked with appointing one or more Patels for each village or a group of villages, subject to rules established in section 258 of the MPLRC. In cases where multiple Patels are appointed in a village, the Collector has the discretion to assign their duties as deemed appropriate.

Eligibility criteria for Patel appointments include:

• Age not less than 21 years.
• Not recorded as a Bhumiswami in the concerned village's Land Records.
• Not an undischarged insolvent.
• No disqualification due to financial status.
• No prior conviction for any offense.
• Physically and mentally fit for Patel duties.
• Literate and capable of maintaining accurate records.
• No willful non-payment of land revenue or other dues.

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Remuneration or Salary of Patels

Section 223 of the MPLRC empowers the Collector to determine the remuneration or salary of Patels in accordance with rules and regulations set forth by the state government.

Duties of Patels

Section 224 of the MPLRC outlines the responsibilities of Patels, including:

• Collection of land revenue, taxes, and government dues.
• Reporting village conditions to the Collector.
• Prevention of encroachments on public land.
• Preservation of boundary marks.
• Maintenance of village sanitation.
• Regulation of activities such as woodcutting and mineral removal.
• Supervision of Kotwars.

Removal and Punishment of Patels

Section 226 allows the Collector to remove a Patel from office. Additionally, Section 227 empowers the Tahsildar to impose fines of up to twenty rupees on Patels found negligent in performing their duties.

Appointment of Substitute Patels

Section 228 authorizes the Sub-Divisional Officer to appoint substitute Patels in cases of temporary unavailability, with appointments lasting up to six months.

Kotwar Under MPLRC

Kotwars serve as village watchmen, safeguarding residents' properties and assisting government officers. Relevant provisions are covered in sections 230 and 231 of the MPLRC.

Appointment and Remuneration of Kotwars

Section 230 defines Kotwars as those holding the status of village watchmen in certain regions at the time of MPLRC's enactment. Section 231 addresses their remuneration, which may include service land or other benefits determined by the state government.

In summary, Patels are responsible for land revenue collection, while Kotwars act as village watchmen. Patels are appointed and removed by the Collector, with their salary determined by the Collector. Kotwars' remuneration is set by the state government.

Conclusion:

The MP land revenue code 1959 has good weightage in the MPCJ Exam.Therefore all the aspirants must take it seriously. Make notes of all the important sections and important case laws.

• Make your own notes from day one.
• Target important sections but read the entire act.
• Focus on key amendments of the act.
• Make notes of the landmark case laws for Judiciary preparation.

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