All about the Act

Madhya Pradesh Land Revenue Code

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This Blog is written by Anusuya Ghosh from KIIT School of Law, Odisha. Edited by Prakriti Dadsena.

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ABSTRACT

The Act specifies the mechanism for collecting land revenue, as well as the revenue officers who will have the ability to impose and collect land revenue, and the definition of an agriculture tenure for the purposes of computing revenue assessment periods. The act’s purpose is to consolidate a person’s or Bhoomiswami’s rights and responsibilities in relation to their land holdings, as well as the payment of land income, the transfer of land, and its land use for activities related to those holdings, into a single account. The Act defines “land” as a bank account in which the account holder is known as Bhoomiswami. The Bhoomiwami is the single holder of the land’s rights and liabilities, as well as the account on which the land revenue is paid. The Bhoomiswami also has the ability to sell, lease, or mortgage the land.

INTRODUCTION

As the preamble of the Acts[1] states:

“An Act 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 Madhya Pradesh”

The Code establishes the scope of Revenue Officers’ responsibilities and prohibits them from investigating things that are not within their purview. Only if the resident has received prior 24-day notice from the Revenue Officers can the workmen survey and demarcate the occupier’s property. The Board and Officers have been given the status of Court and act as a guardian to prevent the Court from being abused. In order to fulfill the goals of justice, the Board and the Commissioner have the authority to transfer cases from one Revenue Officer to another of the same or higher level.

SIGNIFICANCE OF THE DEVELOPMENT

The Board has the authority to make regulations that are consistent with the Code’s provisions on the powers of Revenue officers to summon, adjourn, and other matters. The State Government must approve such rules before they can be published in official notification. Unless the CPC specifies otherwise, the procedures follow the procedure outlined in the Code of Civil Procedure, 1908, unless expressed by code. The Code also demonstrates the appellate body’s authority to accept or reject an appeal after hearing the appellant. When an appeal is accepted, the appellate authority hears both parties and then makes a decision, either reversing the appeal ruling or directing additional inquiry. The Code also establishes the authority of the appellate body to approve or reject an appeal after hearing the appellant. When an appeal is accepted, the appellate authority hears both sides and renders a conclusion, either overturning the appeal judgment or requiring further investigation.

IMPACT

The Act establishes the system under which land revenue would be collected, the revenue officers who will have the authority to levy and collect land revenue, and the definition of an agriculture tenure for calculating revenue assessment periods. The act’s purpose is to consolidate a person’s or Bhoomiswami’s rights and responsibilities in relation to their landholdings, as well as the payment of land income, the transfer of land, and its land use for activities related to those holdings, into a single account.

MADHYA PRADESH’S LAND REVENUE MODEL

The following points can be modeled using the Land Revenue Code:

Revenue Officers and the Revenue Board.

Under Section 3, the State Government appoints members to a Board of Revenue for the purposes of this act, which is led by a designated President and includes two other members.

The Board’s seat shall be determined by the government’s announcement in the official gazette; the Board is currently based in Bhopal. The Boards serve as the highest authority, with powers and functions granted by this law or by notification from the state government. The Board is in charge of revenue collection.

The Board is in charge of revenue collection.

In revenue actions, the Board also serves as a revision and review authority. The Revenue Officials, as defined by the statute, are the next group of officers. Collectors, Sub-Divisional Officers, Tehsildars, Settlement Officers, and Superintendents of Land Records are the three types of Revenue Officers.

STATUTORY PROVISIONS

Only one type of tenure holder, known as Bhoomiswai, is defined by the Act (S.157)[2]. Those who possess the land according to the requirements of this legislation are referred to as Bhoomiswamis, as are those who hold a government lease for more than ten years. The land revenue payable shall be borne by the person becoming a Bhoomiswami to the land he holds, and he shall pay revenue for the land he holds or revenue for the rent he pays.

The Act also establishes an exemption from land revenue payment, which will be determined by the State Government. The Bhoomiswami also has transfer rights under the Act.

The Code establishes the scope of Revenue Officers’ responsibilities and prohibits them from investigating things that are not within their purview.

Only if the resident has received prior 24-day notice from the Revenue Officers can the workmen survey and demarcate the occupier’s property. The Board and Officers have been given the status of Court and act as a guardian to prevent the Court from being abused. In order to fulfill the goals of justice, the Board and the Commissioner have the authority to transfer cases from one Revenue Officer to another of the same or higher level.

The Board has the authority to make regulations that are consistent with the Code’s provisions on the powers of Revenue officers to summon, adjourn, and other matters.

The State Government must approve such rules before they can be published in official notification. Unless the CPC, specifies otherwise, the procedures follow the procedure outlined in the Code of Civil Procedure, 1908.[3]

The list of those obligated to pay the revenue, which includes a Bhumiswami or a lessee, is found in Section 138 of the Code[4]. If a holding is occupied by more than one such occupant, the occupants will be jointly and severally liable for payment. The revenue is paid in installments on the first day of the fiscal year, according to the State’s norms. A defaulter is a person who fails to meet the deadlines for payment forms and is responsible for the arrears. A penalty is imposed on the defaulter if the payment is not made within one month of the due date.

The holding of the State Government’s property or the person to whom the government has granted the right to occupy is defined as a Government lessee under section 180 of the Code. The term “government lessee” refers to those who own land as an ordinary tenant, special tenant, or “gair khatedar tenant” 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] provided that a pakka tenant or a Maufidar, Inamdar, or Concessional holder as defined in Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (66 of 1950) shall be called Bhumiswami in case he was a pakka tenant or a Maufidar, Inamdar, or Concessional holder as defined in Madhya Bharat Land Revenue and Tenancy Act,. Bhumiswami rights were granted on a tenant or Muafidar, etc., under Section 158(1)(a) of the M.P. Land Revenue Code, 1959.

In case he was a pakka tenant or a Maufidar, Inamdar, or Concessional holder as defined in Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (66 of 1950), provisions of section 158 (1)(b) provided that “pakka tenant” shall be called Bhumiswami in M.P. Land Revenue Code, 1959, in case he was a pakka tenant or a Maufidar, Inamdar.

ANALYSIS

All money payable to the State Government for the land is referred to as “land revenue.” Land used for agricultural purposes is likewise exempt from the Act’s provisions. The amount of land income payable will depend on whether the land is used for agricultural, residential, educational, industrial, or commercial uses. As a result, the Code consolidates all revenue-related legislation into one code, which we refer to as the Madhya Pradesh Land Revenue Code, 1959. The provisions cover all major components of revenue in order to make the land revenue system in Madhya Pradesh easier to administer. The scheme’s current Consolidation Officer will demarcate the holding’s borders and develop a new field map and record-of-rights. The Bhoomiswami’s rights will be established according to the consolidation system.

CONCLUSION

REFERENCES

(1) The M. P. Land Revenue Code, 1959.

URL:

(1) https://legalshashtra.wordpress.com/2019/05/17/land-revenue-code-in-brief/.

(2) https://www.latestlaws.com/latest-caselaw/2019/october/2019-latest-caselaw-968-sc/.

(3) https://blog.ipleaders.in/madhya-pradesh-land-revenue-code-1959-glance/.

In-text Citations:

[1] THE M. P. LAND REVENUE CODE, 1959.

[2] THE M. P. LAND REVENUE CODE, 1959.

[3] Diganth Raj Sehgal, Madhya Pradesh Land Revenue Code, 1959: At A Glance, (4^th June 2021). https://legalshashtra.wordpress.com/2019/05/17/land-revenue-code-in-brief/.

[4] Id at “1”.

[5] The State Of Madhya Pradesh vs Sabal Singh (Dead) By Lrs 2019 SCC Online SC 1340.

[6] M.P. Land Revenue Code, 1959.