A Brief Introduction to Authorities under the UP Revenue Code, 2006
- shrey singh
- Sep 9, 2020
- 7 min read
The Uttar Pradesh Revenue Code 2006 (hereafter referred to as the Code) which received presidential assent in November 2012 has been enacted with the objective to consolidate and amend the law relating to land tenures (the UP Zamindari Abolition and Land Reforms Act, 1950) (ZA and LR Act) and land revenue (the UP Land Revenue Act, 1901) along with simplifying the accompanying legal rules and procedures appended with the Act.
Reason for Delayed Enacted
The process of amending the law was set in motion by the Samajwadi Party (SP) government and the bill was passed by the UP assembly in September 2006. But at the time, it could not get presidential assent and remained pending with the central government. In 2007, the Bahujan Samaj Party (BSP) assumed power and the bill was consigned to the back-burner. But while it halted the amendments, the BSP missed the opportunity to resuscitate the pro-poor, pro-dalit provisions of the old law. When the SP was voted back to power in 2012, the amended bill was once again pursued and this time, it received presidential assent. The new Act was notified in November 2012. But, the Act already assented to by the President, came to highlight again when a writ petition was filed before the Lucknow Bench of the Allahabad High Court in 2014, when Court sought the Government’s response over its reluctance towards implementing the much needed legislation. The Government, finally having furnished deadline for implementation before the Court, enforced the Act on 18-12-2015. The provision of Act came into force in 2 parts. Some of the provision was enforced then and there on 18-12-2015 while some other provision came into force on 11th February 2016.
Object Behind Enactment
This Act is of great importance for the state as it repeals a number of obsolete laws, almost 32 legislation in number, enacted during the British regime; many of which are inconsistent with one another. Acting as a uniform code, the Act consolidates and amends the laws relating to land-tenures, i.e. The U.P. Zamindari Abolition and Land Reforms Act, 1950, and land revenue, UP Land Revenue Act, 1901, in the State and speeds up the disposal of the revenue cases by creating a Revenue Court for disposal of cases relating to matters provided under this Act.
The new revenue regime is promising in a number of ways, opening up new dimensions for the economic prosperity of the state, especially benefiting the dalits who had failed to secure buyers among their class given their economical backwardness. Now, they are free to sell their lands to whoever they want, they are free to mortgage their property with whomsoever they wish; gift the properties or lease them to people irrespective of their class and realize the worth of their assets.
Discussion on Authorities under this Code
The Land Revenue administration in the State of Uttar Pradesh is under the control of 2 authorities: Revenue Courts and Revenue Officers.
The definition of Revenue Court is stated, under S.4 (16) of the Code, as
“Revenue Court” means[1] all or any of the following authorities (that is to say) the Board and all members thereof, Commissioners, Additional Commissioners, Collectors, Additional Collectors, Chief Revenue Officers, Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant Record Officers, Tahsildars, Tahsildars (Judicial) and Naib Tahsildars;
The definition of Revenue Officer is stated, under S. 4(17) of this Code, as
“Revenue Officer” means the Commissioner, an Additional Commissioner, the Collector, an Additional Collector, the Chief Revenue Officer, the Sub-Divisional Officer, an Assistant Collector, the Settlement Officer, an Assistant Settlement Officer, the Record Officer, an Assistant Record Officer, the Tahsildar, the Tahsildar (Judicial), the Naib Tahsildar and the Revenue Inspector;
The legislature deviated from the definition which was given in UP Land Revenue Act,1901 (now repealed) and the deviation is as follows:
Uttar Pradesh Revenue Code 2006
UP Land Revenue Act,1901
S. 4(17) “Revenue Officer” means the Commissioner, an Additional Commissioner, the Collector, an Additional Collector, the Chief Revenue Officer, the Sub-Divisional Officer, an Assistant Collector, the Settlement Officer, an Assistant Settlement Officer, the Record Officer, an Assistant Record Officer, the Tahsildar, the Tahsildar (Judicial), the Naib Tahsildar and the Revenue Inspector;
S. 4(9) “Revenue Officer” means any officer employed under this Act in maintaining revenue records, or in tire business of tire land revenue;
From the above definition of ‘revenue court’ and ‘revenue officer’ it is clear that there are some persons who are revenue court as well as revenue officer. When an authority deals with judicial matter, it becomes Revenue Court which is under control of Board of Revenue. When the authority deals with non-judicial matter including ministerial work it is called Revenue Officer.
The distinction between non-judicial and judicial matter is dealt in detail by Allahabad High Court in the case of Ram Swaroop v. Board of Revenue[2]. The relevant paragraph is reproduced as under:
Section 234 of U.P. Land Revenue Act[3] prior to its amendment also provided for framing of rules consistent with this Act in respect of all matters enumerated therein. It is in exercise of this power under clause ‘Y’ that the State Government made an amendment in para-graph 911 which finds place in the Revenue Manual Part VII providing for rules and procedure for revenue officers. Prior to its amendment mentioned above which was made in the year 1979, paragraph 911 made reference to the arrears of land revenue as realisation and these proceedings were till then to be taken as non-judicial proceedings. Paragraph 911 of the Revenue Manual as it stood before amendment reads as under:—
“911. Judicial and non-judicial matters under Section 234(Y) of the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901).
Proceedings and orders as well as appeals, revisions and references in the following cases under the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901), shall be deemed judicial for the purposes of the said Act—
(a) Mutations in cases of succession or transfer under Sections 35 and 40.
(b) Specification of the land and fixation of the rent of ex-proprietary holdings under Sections 36, 74(b), 76(2), 186 and 187.
(c) Setting of boundary disputes under Sections 41 and 51.
(d) Other disputed cases relating to entries in the record of rights and annual registers under Sections 39, 40, 42, 43 and 54.
(e) Decision of disputes concerning dasturdehis (wajibularz) under Section 84, sub-section (2).
(f) Determination and fixation of rent of ex-proprietary, occupancy and hereditary tenants under Section 87 by way of enhancement, abatement or otherwise.
(g) Determination in Oudh under S. 79 of the rent to be paid by under-proprietors and holders of heritable non-transferable leases holding under a judicial decision.
(h) Partition and Union of mahals under Chapter VII except the following matters:
(i) taking a mahal under direct management under Section 115;
(ii) order of the Provincial Government under Section 135 directing division of complete mahals, and
(iii) sanction of the Provincial Government under Section 138, sub-section (5), to the partition of taluqdari mahals.
(i) Deleted.
(j) Appointment and removal of lambardars except in Kumaun Division.
(k) Proceedings taken before the Commissioner or others passed by him in matters relating to recovery of arrears of land revenue or sums of money recoverable as arrears of land revenue.
912(1). All cases, proceedings and other matters under the United Provinces Land Revenue Act, not covered by the preceding paragraph, shall be deemed non-judicial.
(2) In cases of doubt whether a matter is of a judicial or non-judicial nature, a report shall be submitted to Government for orders.”
The Authorities under UP Revenue Code,2006 is given in Chapter III of the Code with the heading ‘Board and the Revenue Officers’.
Authorities
Corresponding Section
Important information
1.
Board of Revenue
S.7
Board consist of Chairman and such other members as the State Government appoint.
The Board shall by virtue of S.8 shall be the Chief Controlling Authority- (a) in all matters relating to disposal of cases, appeals or revisions; and (b) subject to the superintendence, direction and control of the State Government, in all other matters provided in this Code.
2.
Commissioners and Additional Commissioners
S.11
The State Government shall appoint in each division a Commissioner and may appoint one or more Additional Commissioners in one or more Divisions.
3.
Collectors and Additional Collectors.
S.12
The State Government shall appoint, in each district, a Collector who shall be in-charge of the revenue administration and may appoint one or more Additional Collectors in a district.
4.
Sub-Divisional Officers and Additional Sub-Divisional Officers
S.13
The State Government may appoint in each district as many persons as it thinks fit to be Assistant Collectors of the first or second class.
Assistant Collector first class incharge of one or more sub-divisions of a district shall be called the Assistant Collector first class in-charge of a sub-division or a SubDivisional Officer.
The State Government may designate an Assistant Collector first class appointed to a district to be an Additional Sub-Divisional Officer for one or more tahsils of the district.
5.
Tahsildars and Tasildars Judicial.
S.14
The State Government may appoint in each district as many persons as it thinks fit to be Tahsildars and Tahsildar Judicial
6.
Naib-Tahsildars.
S.15
The State Government may appoint in each district as many persons as it thinks fit to be Naib-Tahsildars
7.
Revenue Inspectors and Lekhpals.
S.16
The Collector may appoint in each tahsil one or more Revenue Inspectors for the proper supervision, maintenance and correction of the village records, and for such other duties
Conclusion
The authorities under the new Code are almost similar to the Revenue Act, 1901 with almost similar functions with some deviation here and there. The deviation in functioning is fringe but appreciable and one could find these deviation if he closely compare and contrast the provision of both the act.
[1] The use of word ‘means’ in the definition makes it restrictive and exhaustive.
[2] Ram Swaroop v. Board of Revenue, 1990 SCC OnLine All 682 : 1990 All LJ 924 : 1990 RD 291
[3] Section 234 of U.P. Land Revenue Act,1901 is now S. 234 of UP Revenue Code, 2006 and the Revenue Manual enacted under Revenue Act,1901 is still in force by virtue of S. 234(3) of UP Revenue Code, 2006.
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