Land Laws - Post Mid Sem

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CHAPTER X: BOUNDARIES AND BOUNDARY MARKS, SURVEY MARKS

 Section 124: Construction of boundary marks of villages and survey numbers or plot
numbers.
- Boundaries of all villages shall be fixed and demarcated by permanent boundary
marks.
- The state government may, in respect of any village by notification, order that the
boundaries of all survey numbers or plot numbers shall also be fixed and demarcated
by boundary marks.
- Such boundary marks shall be of such specification and shall be constructed and
maintained in such manner as may be prescribed.
- Where the rules prescribed boundary marks of a specification different from that
prevailing in any village, the new specification shall not be enforced in such village
except upon application to a Tahsildar made by not less than half the number of
holders of land in village. When such application is made, the Tahsildar shall have
new boundary marks constructed throughout the village and shall distribute the cost
thereof proportionately among the holders of land in the village. The share of each
holder shall be recoverable as an arrear of land revenue.
- Every holder of land shall be responsible for the maintenance and repair of the
permanent boundary and survey marks erected thereon.
 Section 125: Disputes regarding boundaries between villages, survey number and plot
numbers.
All disputes regarding boundaries of villages, survey numbers and plot numbers where
such boundaries have been fixed under the provisions of Section 124, shall be decided by
the Tahsildar after local enquiry at which all persons interested shall have an opportunity
of appearing and producing evidence.
 Section 126: Ejectment of persons wrongfully in possession
- When a boundary has been fixed under the provisions of Section 124, the Tahsildar
may summarily eject any person who is wrongfully in possession of any land which
has been found not to appertain to his holding or to the holding of any person through
or under whom he claims.
- Where any person has been ejected from any land under the above provision, he may,
within the period of one year from the date of the ejectment, institute a civil suit to
establish his title thereto. Provided that the Tehsildar, or any Revenue Officer as such,
shall not be made a party to such suit.
- The tahsildar may at any time make an order for re-distribution of land revenue
which, in his opinion, should be made as a result of the decree in a civil suit instituted
under the above provision and such redistribution shall take effect from the beginning
of the revenue year following the date of the order.
 Section 127: Demarcation and Maintenance of Boundary lines.
- Every holder of the land adjoining a village road, village waste or land reserved for
communal purposes, shall at his own cost and in the manner prescribed.
1. Demarcate the boundary between his land and village road, village waste or
land reserved for communal purposes adjoining it by boundary marks.
2. Repair and renew such boundary marks from time to time.
- If the holder fails to demarcate the boundary or to repair or renew the boundary
marks, the Tahsildar may, after such notice as he deems fit, cause the boundary to be
demarcated and the boundary marks to be repaired or renewed and may recover the
cost incurred as an arrear of land revenue.
- In the event of any dispute regarding the demarcation of the boundary or the
maintenance of the boundary marks in proper state of repair, the matter shall be
decided by the Collector whose decision shall be final.
 Section 128: Enforcement of repair of boundary or survey marks.
- After the end of November in each year the Patel of the village shall give written
notice to every holder on whose land the boundary or survey marks are defective
calling upon him to put them into proper repair before the first day of March
following.
- After the first day of March in any year, the Tahsildar or any other Revenue officer
empowered to act may cause any defective boundary or survey marks to be property
repaired and shall recover the costs of such repair from the holder or holders
responsible for the maintenance of such boundary or survey marks, together with a
penalty which may extend to 1000 for every boundary mark so repaired. This will be
recoverable as arrear
 Section 129: Demarcation of Boundaries of survey number or sub-division or plot
number
- The Tahsildar or any other Revenue officer empowered to act may, on the application
of a party interested, demarcate the boundaries of a survey number or of a sub
division or of a plot number and construct boundary marks thereon.
- The state government may make rules regulating the procedure to be followed by the
Tahsildar or any other Revenue officer in doing the above mentioned, and authorizing
the levy of fees from the holders of land in a demarcated survey number or sub
division or plot numbers.
 Section 130: Penalty for destruction, injury or removal of boundary or survey marks.
- If any person willfully destroys or injures, or without lawful authority removes, a
boundary or survey mark lawfully constructed, he may be ordered by the Tahsildar or
any other Revenue Officer empowering to act to pay such fine, not exceeding 5000
for each mark so destroyed, injured or removed, as may, in the opinion of the
Tahsildar or any other Revenue Officer empowered to act be necessary to defray the
expense of restoring the same and of rewarding the informant.
 Section 131: Rights of way and other private easements.
- In the event of a dispute arising as to the route by which a cultivator shall have access
to his fields or to the waste or pasture lands of the village, otherwise than by the
recognized roads, paths or common land, including those road and paths recorded in
the village Wajib-ul-arz prepared under 242 or as to the source from or course by
which he may avail himself of water, a Tahsildar may, after local enquiry, decide the
matter with reference to the previous custom in each case and with due regard to the
conveniences of all the parties concerned.
 Section 132: Penalty for obstruction of way, etc
Any person who encroaches upon, or causes any obstruction to the use of a recognized
road, path or common land of a village including those raods and paths recorded in the
village Wajib-ul-arz ow who disobeys the decision of a Tahsildar under 131, shall be
liable under the written order of a tahsildar stating the facts and circumstances of the
case, to a penalty which may extend to 10000.
 Section 133: Removal of obstruction
If a Tahsildar finds that any obstacle impedes the free use of a recognized road, path or
common land of a village or impedes the road or source of water which has been the
subject of a decision under 131, he may order the person responsible for such obstacle to
remove it and if such person fails to comply with the order, he may cause the obstacle to
be removed and may recover from such person the cost of removal thereof and such
person shall be liable, under the written orders of Tahsildar stating the facts and
circumstances of the case, to a penalty which may extend to 10000.
 Section 134: Execution of bond for abstaining from repetition of certain acts.
Any person who encroaches upon or causes any obstruction under 131, 132, 133 may be
required by the Tahsildar to execute a personal bond for such sum not exceeding 500
rupees, as he may deem fit, for abstaining from repetition of such act.
 Section 135: Acquisition of land for road, paths etc.,
- If, on the application of the villagers or otherwise, the Collector is, after enquiry
satisfied that it is expedient to acquire any land for the purpose of providing a road
not exceeding 10 feet cart track of path for the use of the village community in such
village, he may call upon the residents of the village to deposit the amount of
compensation, payable in respect of such land within a specified period. On such
deposit being made the Collector may, by order published in the prescribed manner,
acquire such land and upon the making of such order, such land shall vest absolutely
in the State Government.
- Any person claiming any interest in any such land may within period of one year
from the date of vesting under the above provision make an application to the
Collector for compensation in respect of his interest.
- The compensation payable in respect of such land shall be 15 times the land revenue
assessed or assessable thereon.
CHAPTER XI: REALISATION OF LAND REVENUE

 S. 137: Land Revenue first charge on land


- Land revenue assessed on any land shall be the first charge on that land and on the
rents and profits thereof.
 S. 138: Responsibility for payment of land revenue
- In a Bhumiswami’s holding, the Bhumiswami and in a holding consisting of land
leased by the State Government the lessee thereof shall be primarily liable for the
payment of the land revenue assessed on the holding.
- When there are more than one Bhumiswami or lessee in a holding, all such
Bhumiswami or lessee, as the case maybe, shall be severally and jointly liable for the
payment of the land revenue on such holding.
 S. 139: Land revenue recoverable from any person, in possession
- In the case of default by any person who is primarily liable under Section 138, the
land revenue, including arrears, shall be recoverable from any person in possession of
the land.
- Provided that such person shall be entitled to credit for the amount recovered from
him in account with the person who is primarily liable.
 S. 140: Dates on which land revenue falls due and is payable.
- The land revenue payable on account of a revenue year shall fall due on the first day
of that year.
- State Govt may make rules providing for the payment of land revenue in instalments
and on dates subsequent to the first day of the revenue year, and such rules may
prescribe the persons to whom and the places where at such instalments shall be paid.
- The payment of land revenue to the persons prescribed above may be made in cash or
may, at the cost of the remitter, be remitted by money order.
- Any period elapsing between the first day of the revenue year and any date fixed for
the payment of land revenue by such rules shall be deemed to be a period of grace.
 S. 141: Definition of “arrear” and “defaulter”
- Any land revenue due and not paid on or before the prescribed date becomes
therefrom an arrear, and the persons responsible for it, whether under the provisions
of section 138 or section 139 become defaulters.
 S. 142: Patel, Patwari, Gram Sabha or Gram Panchayat bound to give receipt
- Where a Patel, Patwari, Gram Sabha or Gram Panchayat receives a payment from any
person on account of land revenue or on account of any sum of money recoverable as
an arrear of land revenue he/it shall grant a receipt for such sum in the prescribed
form.
- If any patel, patwari, gram sabha or gram panchayat fails to give a receipt as required
above such patel, patwari or in the case of Gram Sabha or Gram Panchayat the
persons responsible for passing such receipt on behalf of such gram sabha or gram
panchayat, shall, on application of the payer, be liable by an order of the Tahsildar to
pay a penalty not exceeding double the amount paid.
 S. 143: Penalty for default of payment of land revenue
- If any instalment of land revenue or any part thereof is not paid within one month
after the prescribed date the SDO may in the case of a willful defaulter impose
penalty not exceeding the amount not so paid.
- No such penalty shall be imposed for the non payment of instalment, where the
payment has been suspended by the orders of the Government, in respect of the
period during which the payment remains suspended.
 S. 144: Remission or Suspension of land revenue on failure of crops
- The State Government may grant remission or suspension of land revenue in years in
which (i) crops have failed in any area or (ii) in which crops could not be grown in
any area in consequence of any order made under any law by a competent authority.
- No appeal or revision shall lie against any order passed by a Revenue Officer under
such rules and no suit shall lie in a Civil Court to contest such order.
 S. 145: Certified account to be evidence as to arrear and defaulter
- A statement of account certified by the Collector or by the Tehsildar shall, for the
purpose of this Chapter, be presumed to be correct statement of the arrears payable to
Government or its amount and of the person who is the defaulter, until the contrary is
proved.
- No notice to defaulter shall be necessary before drawing up the statement referred
above.
 S. 146: Notice of demand
- A Tahsildar or Naib Tahsildar may cause a notice of demand to be served on any
defaulter before the issue of any process under Section 147 for the recovery of any
arrear.
 S. 147: Process for recovery of arrear
An arrear of land revenue payable to Government may be recovered by a Tahsildar by
any one or more of the following processes –
- By attachment and sale of movable property
- By attachment and sale of the holding on which arrear is due and where such holding
consists of more than one survey number or plot number by sale of one or more of
such survey numbers, or plot numbers as may be considered necessary to recover the
arrears. Provided that no holding shall be sold for the recovery of any dues of a
cooperative society without first exhausting the procedure prescribed in 154A
- By attachment of holding on which arrear is due and letting the same under Section
154-A
- By attachment of any other holding belonging to the defaulter which is used for the
purposes of agriculture and letting the same under 154A
- By attachment and sale of any other immovable property belonging to the defaulter.
Provided that the process specified above shall not permit the attachment and sale of the
following namely

- Necessary wearing apparel, cooking vessels, beds and bedding of the defaulter, his
wife and children, and such personal ornaments, as, in accordance with the religious
usage, cannot be parted with by any woman.
- Tools of artisans and, if the defaulter is an agriculturist, his implements of husbandry,
except an implement driven by mechanical power and such cattle and seed as may, in
the opinion of the Tehsildar, be necessary to enable him to earn his livelihood as
such.
- Articles set aside exclusively for the use of religious endowments.
- House and other buildings (with the materials and the sites thereof and the land
immediately appurtenant thereto and necessary for the enjoyment) belonging to an
agriculturist and occupied by him.

There can be no attachment and sale of holding where the defaulter holds-

- Six hectares or less than six hectares of land in the Scheduled Area; or
- Four hectares or less than four hectares of land in other areas.
 S. 148: Costs recoverable as part of arrear
- The cost of serving a notice of demand under Section 146 or of issuing and enforcing
any process in Section 147 shall be recoverable as part of the arrear in respect of
which the notice was served or the process was issued.
 S. 149: Enforcement of processes in other districts
- The process specified in section 147 may be enforced either in the district in which
the default has been made or in any other district.
 S. 150: Payment under protest and suit for recovery
- If proceedings are taken under this Chapter against any person for the recovery of any
arrear of land revenue, he may, at any time before the property is knocked down at a
sale, pay the amount claimed and may, at the same time, deliver a protest signed by
himself or by his authorized agent to the Revenue Officer taking such proceedings
and thereupon they shall be stayed.
- Any person complying with the provision of sub section (1) may, notwithstanding
anything contained in Section 145, apply to the Sub-Divisional Officer that nothing
was due or that the amount due was less than the amount for the recovery of which
proceedings were taken and the Sub-Divisional Officer shall decide the objection so
raised.
- No appeal shall lie against the order of the Sub Divisional Officer passed under sub
section (2) but the person concerned may institute a civil suit for the recovery of the
sum or part thereof paid under protest.
 S. 151: Application of proceeds of sale
- The proceeds of every sale under this Chapter shall be applied, firstly, in satisfaction
of the arrears on account of which the sale was held and of the expenses of such sale,
secondly, to the payment of any arrears of ceases due by the defaulter under any law
for the time being in force in the region concerned, thirdly, to the payment of any
other arrears payable to the State Government by the defaulter, and fourthly to the
payment of any arrears due by the defaulter to a Co-operative society, and the surplus,
if any shall then be payable to him, or where there are more defaulters than one, to
such defaulters according to their respective shares in the property sold.
- Provided that the surplus shall not be paid to the defaulter or defaulters until after the
expiry of two months from the date of the sale in case of movable property from the
date of the confirmation of sale in the case of immovable property.
 S. 152: Land sold for arrears to be free from encumbrances
- Unless the SDO otherwise directs, the purchaser of the land sold for arrears of land
revenue due in respect thereof, shall acquire it free of all encumbrances imposed on it,
and all grants and contracts made in respect of it, by any person other than the
purchaser.
- Any transfer, grant or contract in respect of trees or the produce of trees which are or
at any time have been the property of the Bhumiswami of the land in which it stand,
shall be deemed to be a grant or contract made in respect of such land.
 S. 153: Purchaser’s title
- Where immovable property is sold under the provisions of this chapter and such sale
has become absolute, the property shall be deemed to have vested in the purchaser
from the time when the property is sold and not from the time when the sale becomes
absolute.
 S. 154: Purchaser not liable for land revenue due prior to sale
- The person named in the certificate of purchase shall not be liable for land revenue
payable in respect of the land for any period previous to the date of the sale.
 S. 154-A: Powers of the Tehsildar to let out the holding in respect of which arrear is due
or any other holding of the defaulter
- Where the arrear of land revenue is due in respect of a holding or where any money is
recoverable in the same manner as an arrear of land revenue under 155, the Tehsildar
may, notwithstanding anything contained in this code, after attachment of holding as
provided for under section 147, let out the holding on which arrear is due or any other
holding belonging to the defaulter which is used for the purpose of agriculture to any
person other than the defaulter for a period not exceeding ten years commencing from
the first day of agricultural year next following upon such terms and condition as the
Collector may fix. Provided that the holding attached for the recovery of dues of a
cooperative society shall be let out for a period not exceeding 10 years.
Provided further that any land of a holding of Bhumiswami belonging to a member of
tribe which has been declared to be an aboriginal tribe under 165(6), shall not be let
out to any person other than a member of such tribe.
- Nothing in this section shall affect the liability of any person who may be liable under
this Code for the payment of the arrears of land revenue or of any money recoverable
in the same manner as an arrear of land revenue under 155.
- Upon the expiry of the period of lease the holding shall be restored to the person
concerned free of any claim on the part of the State Government for the arrears in
respect of such holding or free of any claim on the part of the State Government or
any other authority whatsoever for the moneys recoverable in the same manner as an
arrear of land revenue under 155 for the satisfaction where of the same was let out.
Provided that nothing shall apply to the holding attached and let our for the recovery
of the dues of a cooperative society where the dues for satisfaction were of the same
was let out are not fully satisfied on the expiry of the period of lease.
 Section 155: Moneys recoverable as an arrear of land revenue
The following moneys may be recovered, as far as may be under the provisions of this
Chapter in the same manner as an arrear of land revenue.
- Except such charge as are included in the land revenue under 58(2), all rents,
royalties, water rates, cesses, fees, charges, premia, penalties, fines and cost payable
or leviable under this Code or any other enactment for the time being in force.
- All moneys failing due to the State Government under any grant, lease or contract
which provides that they shall be recoverable in the same manner as an arrear of land
revenue.
- All moneys guaranteed by the State government to the extent of amount guaranteed
under a contract of guarantee which provides that they shall be recoverable in the
same manner as an arrear of land revenue.
- All sums declared by this Code, or any other enactment for the time being in force to
be recoverable in the same manner as an arrear of land revenue.
- Any sum ordered by a liquidator appointed under any law relating to cooperative
societies in force for the time being in any region of the State to be recovered as a
contribution to the assets of a society or as the cost of liquidation.
Provided that no action shall be taken unless such application is accompanied by a
certificate signed by the Registrar appointed under such law that the sum should be
recovered as an arrear of land revenue.
- All moneys becoming payable to the State Agro-Industries Development Corporation
Limited
1. On account of penalty, cost of agricultural implements or other materials sold
by the Corporation to agriculturists for the purpose of agriculture or
improvement of land or otherwise, under any agreement of sale of such
implements or materials by the said corporation.
2. In repayment of any loan advanced by the said Corporation or of any amount
due to the said Corporation under any lease, contract, or agreement with or
any other dealing of the said corporation.

Provided that no action shall be taken on application for recovery of a sum


specified in this clause, unless such application is accompanied by a certificate
signed by the Managing Director of the said Corporation that the sum should be
recovered as an arrear of land revenue.

- All moneys becoming payable to the Madhya Pradesh Laghu Udyog Nigam Limited
and the Madhya Pradesh Audyogik Vikas Nigam Limited.
- All moneys becoming payable to the Chhattisgarh Lift Irrigation Corporation
Limited.
 Section 156: Recovery of moneys from surety
Every person who may have become a surety under any of the provisions of this Code or
under any other enactment or any grant, lease or contract where under the sum secured is
recoverable from the principal as an arrear of land revenue shall, on failure to pay the
amount or any portion thereof which he may have become liable to pay under the terms
of his security bond, be liable to be proceeded against under the provisions of this Code
in the same manner as for an arrear of land revenue.
EPIROLHBH: Every
Person in respect of
land held by him

CHAPTER XII: TENURE HOLDERS

 Section 157: Class of Tenure


- There shall be only one class of tenure holders of lands held from the state to be
known as Bhumiswami.
 Section 158: Bhumiswami
Person belonging to the following classes shall be called as Bhumiswami and shall have
all the rights and be subject to all the liabilities conferred or imposed upon a
Bhumiswami by or under this Code, namely—
- EPIROLHBH in Mahakosh Region as Bhumiswami or Bhumidhari Rights.
- EPIROLHBH in Madhya Bharat Region as a Pakka tenant or as a Muafidar, Inamdar
or Concessional holder.
- EPIROLHBH in Bhopal Region as an occupant.
- EPIROLHBH in Vindhya Pradesh region as a 55(hindi mein) 45 (hindi mein) tenant,
pattedar tenant, a grove holder or as a holder of a tank.
- EPIROLHBH in Vindhya Pradesh region as a gair haqdar tenant and in respect of
which he is entitled to a patta.
- EPIROLHBH as a tenant in the Vindhya Pradesh region and in respect of which he is
entitled to a patta.
- EPIROLHBH in Sironj Region as a Khatedar tenant or as a grove holder.

A Ruler of an Indian State forming part of the State of MP who, at the time of coming
into force of this Code, was holding land or was entitled to hold land as such Ruler by
virtue of the covenant or agreement entered into by him before the commencement of
Constitution, shall as from the date of coming into force of this Code, be a Bhumiswami
of such land under this Code.

Every person who is holding land in Bhumiswami right by virtue of a lease granted to
him by the State Government or the Collector or the Allotment Officer on or before the
commencement of the Land Revenue Code.

To whom land is allotted in Bhumiswami right by the State Government or the Collector
or the Allotment Officer after the commencement of the Chhattisgarh LRC.

Provided that no such person shall transfer such land within a period of ten year from the
date of lease or allotment.

 Section 159: Land Revenue payable by Bhumiswamis


- Every person becoming a Bhumiswami under the above provision shall pay as land
revenue if he was paying land revenue in respect of the lands held by him such land
revenue; or if he was paying rent in respect of the lands held by him an amount equal
to such rent.
 Section 160: Revocation of exemption from liability for land revenue
Every Muafi or Inam land, wherever situated, which was heretofore exempted from
payment of the whole or part of land revenue by a special grant from the Government or
under the provisions of any law for the time being in force or in pursuance of any other
instrument shall, notwithstanding any contained in any such grant, law or instrument be
liable from the commencement of the revenue year next following the coming into force
of this Code, to the payment of full land revenue assessable thereon.
Where any such muafi or inam land is held for the maintenance or upkeep of any public,
religious or charitable institution the State Government may, on the application of such
institution, in the prescribed form grant to it such annuity not exceeding the amount of the
exemption from land revenue enjoyed by it, as may be considered reasonable for the
proper maintenance or upkeep of such institution or for the continuance of service
rendered by it.
The annuity granted shall be subject to such conditions as may be prescribed and may
from time to time be revised or withdrawn by State Government.
 Section 161: Reduction of Revenue during the currency of settlement.
At any time during the currency of the settlement the collector may on the application of
Bhumiswami or of his own motion reduce the revenue in respect of any land on any of
the following grounds, namely
- That the land has been wholly or partially rendered unfit for cultivation in
consequence of floods or other cause beyond the control of such Bhumiswami.
- That any irrigation source, whether new or old, constructed and maintained at the cost
of the State has fallen into disrepair and has ceased to irrigate the whole or any part of
his holding to which an enhanced rate of revenue has been applied on account of
irrigation.
- That any private irrigation source has for any cause beyond the control of
Bhumiswami, ceased to irrigate the whole or any part of the holding which has been
assessed to enhanced land revenue on account of irrigation.
- That the revenue payable by the Bhumiswami in respect of the land is more than the
revenue calculated at the rate fixed at the last settlement or under any other law for
such land.
- That the area of the holding of such Bhumiswami has decreased for any reason below
the area on which the existing land revenue was assessed.

If any reduction is ordered, such reduction takes effect from the commencement of the
revenue year next following the order.

If the cause for which revenue has been reduced subsequently ceases or is removed, the
Collector may, after giving the Bhumiswami a reasonable opportunity of being heard,
make an order directing that such reduction shall cease to be in force and on such order
being passed, the reduction shall stand revoked from the commencement of the revenue
year next following the date of the order.

 Section 163: Pending application for conferral of bhumiswami right.


 Section 164: Devolution
Subject to his personal law the interest of Bhumiswami shall, on his death, pass by
inheritance, survivorship or bequest, as the case may be.
 Section 165: Rights of Transfer.
- a Bhumiswami may transfer any interest in his land.

Mortgage

- No mortgage be valid unless atleast 5 acres of irrigated or 10 acres of unirrigated land


is left with him free from any encumbrance or charge.
- Subject to above, no usufructuary mortgage of any land by a Bhumiswami shall be
valid if its for a period exceeding 6 years and unless it is a condition of the mortgage
that on the expiry of the period mentioned in the mortgage deed, the mortgage shall
be deemed, without any payment by Bhumiswami to have been redeemed in full and
mortgagee shall forthwith re-deliver possession of the mortgaged land to the
Bhumiswami.
- If any mortgagee in possession of the land mortgaged does not hand over possession
of land after the expiry of the mortgage or 6 years whichever expires first the
mortgagee shall be liable to ejectment by the orders of the Tahsildar as trespasser and
the mortgagor shall be placed in possession of the land.
- Nothing of the above mentioned shall apply in the case of a mortgage of any land
held by a Bhumiswami for non-agricultural purposes.
- Where a Bhumiswami effects a mortgage other than a usufructuary mortgage of his
land, then notwithstanding anything contained in the mortgage deed, the total amount
of interest accruing under the mortgage shall not exceed half the sum of the principal
amount advanced by the mortgagee.

Land Ceiling

No bhumiswami shall have the right to transfer any land

- In favour of any person who shall as a result of the transfer become entitled to land
which together with the land if any, held by himself or by his family will in the
aggregate exceed such ceiling limits as may be prescribed.
- Provided that nothing above mentioned shall apply
1. In the case of transfer in favour of an institution established for a public,
religiour or charitable purpose or a transfer for industrial purpose or a transfer
by way of a mortgage.
If such land is to be diverted to a non agricultural purpose, the permission of
the SDO under section 172 is obtained prior to such transfer. Furthermore,
there shall not be further transfer of land transferred for industrial purpose.
2. In the case of transfer in favour of cooperative society for industrial purpose
or a transfer by way of mortgage subject however, to the condition that no
mortgage for agricultural purposes shall authorize sale for recovery of an
advance in contravention of section 147.
3. In the case of transfer of land held for non-agricultural purposes.

For the purpose of this sub section, a person’s family shall consist of the person
himself, the minor children and the spouse of such person living jointly with him
and if such person is a minor then his parents living jointly with him.

Bonafide agriculturist.

Bhumiswami shall not transfer his land held for agriculture to any person who is not a bonafide
agriculturist. The expression transfer shall not include the following, namely:

1. Transfer by way of inheritance.


2. Transfer to legal heirs by way of will.
3. Land acquisition in public interest.
4. Transfer to or for any religious or charitable purpose for trust, health,
culture purpose, educational institution.
5. Transfer to department of State Government and Central Government,
Units, Corporations and Companies which are undertaking of the
Government.
6. Land purchased by such person, who became landless due to land
acquisition in public interest.
7. With the permission of the collector, for any person and to the extent as
may be prescribed by Government in this behalf.

Land Ceiling 2

No land of a Bhumiswami shall, in execution of a decree or order of a court, be sold to any


person who as a result of such sale shall become entitled to land which together with the land, if
any, held by himself or by his family, will in the aggregate exceed such ceiling limits as may be
prescribed.

Nothing in the above shall apply in the case of a cooperative society where any land is to sold in
execution of a decree or order passed in favour of such society after exhausting the procedure
prescribed in Section 154 A.

Bhumiswami: Aboriginal Tribe


The right of Bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe
by the State Government by a notification in that behalf, for the whole or part of the area to
which this code applies shall

1. In such areas as are predominantly inhabited by aboriginal tribe and from such date as the
State Government may, by notification, specify, not be transferred nor it shall be
transferrable either by way of sale or otherwise or as a consequence of transaction of loan
to a person not belonging to such tribe in the area specified.
2. In areas other than those specified in the notification, not to be transferred or transferable
either by way of sale or otherwise or as a consequence of transaction of loan to a person
not belonging to such tribe without the permission of a Revenue Officer not below the
rank of Collector, given for reasons to be recorded in writing.

The above mentioned shall not apply in the case of land acquired under LARR act, 2013.

(6a) The right of a Bhumiswami other than a Bhumiswami belonging to a tribe which has been
declared to be an aboriginal tribe, in the land excluding the agricultural land shall not be
transferred or be transferable by way of sale or otherwise or as a consequence of transaction of
loan to a person not belonging to aboriginal tribe without the permission of the Collector given
for reasons to be recorded in writing.

The collector shall in passing an order under above granting or refusing to grant permission shall
have due regard to the following:

1. Whether or not the person to whom land is being transferred is a resident of the
Scheduled Area.
2. The purpose to which land shall be or is likely to be used after the transfer.
3. Whether the transfer serves, or is likely to serve or prejudice the social, cultural and
economic interest of the residents of the Scheduled Area.
4. Whether the consideration paid is adequate.
5. Whether the transaction is spurious or benami.
6. Such other matters as may be prescribed.

The decision of the collector shall be final.

On refusal to grant the permission under 6a if in possession of the land shall vacate the
possession forthwith and restore the possession thereof to the original Bhumiswami. If the
Bhumiswami fails or is unable to take possession of the land of which the right of possession
stands restored to him, the collector shall cause the possession of the land to be taken and caused
the land to be managed on behalf of the Bhumiswami subject to such terms and conditions as
may be prescribed till such time as the original Bhumiswami enters upon his land.

Something
Where the area of land comprised in a holding or if there be more than one holding, the
aggregate area of all holdings of a Bhumiswami is in excess of five acres of irrigated or ten acres
of unirrigated land, then only so much area of land in his holding or holdings shall be liable to
attachment or sale in execution of any decree or order is in excess of five acres of irrigated or ten
acres of unirrigated land.

No land comprised in a holding of a Bhumiswami belonging to a tribe which has been declared
to be an aboriginal tribe shall be liable to be attached or sold in execution of any decree or order.

No receiver shall be appointed to manage the land of a Bhumiswami under Section 51 of CPC.

Nothing in the above mentioned shall apply where a charge has been created on the land by a
mortgage.

A person who holds land from the State Government or a person who holds land in Bhumiswami
rights under 158(3) or whom right to occupy land is granted by the State Government or the
Collector as a Government lessee who subsequently becomes Bhumiswami of such land, shall
not transfer such land without the permission of the revenue officer, not below the rank of a
Collector.

Nothing shall prevent a Bhumiswami from transferring any right in his land by way of mortgage
to secure payment of an advance made to him by cooperative society subject to the condition that
the land shall not be sold to secure recovery without exhausting 154A; or affect the right of any
such society to secure recovery of an advance made to him, in accordance with 154A

Nothing in this section shall invalidate any transfer which was validly made; or validate any
transfer which was invalidly made before the coming into force of this code.

 Section 166: Forfeiture in case of certain transfers


If a transfer of land is made in contravention of 165 (land ceiling part) so much of the
land as is in excess of the prescribed ceiling limit with the transferee shall, after its
selection by the transferee within the prescribed period and demarcation by the SDO
stand forfeited to the State Government. If the transferee fails to make the selection
within the prescribed period such selection shall be made by the SDO.
 Section 167: Exchange of land
Subject to 165 Bhumiswami may exchange by mutual agreement the whole or any part of
their holding for purposes of consolidation of holdings or securing greater convenience in
cultivation.
 Section 168: Leases
No bhumiswami shall lease any land comprised in his holding for more than one year
during any consecutive period of 3 years. Nothing in this sub section shall apply to the
lease of any land-
- Made by a Bhumiswami who is a member of a registered cooperative farming society
to such society.
- Held by a Bhumiswami for non agricultural purposes.

the grant of a right merely to cut grass or to graze cattle or to grow ‘singhara’ or to
propagate or collect lac, pluck or collect tendu leaves shall not be deamed to be a lease.
Whereas any arrangement whereby a person cultivates any land of a Bhumiswami with
bullocks belonging to or procured by such person (lessee) and on condition of his giving
a specified share of the produce of the land to the Bhumiswami shall be deemed to be a
lease.

A Bhumiswami who is

- Widow
- An umarried woman
- A married woman who has been deserted by her husband
- A minor
- A person subject to physical or mental disability due to old age or otherwise.
- A person detained or imprisoned under any process of law
- A person in the service of the Armed Forces of the Union
- Public, charitable or religious institution
- A local authority or a cooperative society

May lease the whole or any part of his holding. Provided that where a holding is held
jointly by more than one person the provisions of this sub section shall not be applicable
unless all such persons belong to any one or more of the classes aforesaid. Also, any lease
made in pursuance of this sub section shall cease to be in force after one year of the
determination of the disability by death or otherwise.

Where a lease is granted in pursuance of the above provision, the lessee shall hold the
land on such terms and conditions as may be agreed upon between him and the
Bhumiswami and may be ejected by an order of the SDO on the application of the
Bhumiswami on the ground of contravention of any material term or condition or the
lease or on the lease ceasing to be in force.

 Section 172: Diversion of Land


If a bhumiswami of land held for any purpose in
- Urban area or within a radius of five miles from the outer limit of such area
- A village with a population of two thousand or above according to last census
- In such other areas as the State Government may, by notification, specify

Wishes to divert his holding or any part thereof to any other purpose except agriculture,
he shall apply for permission to the Competent Authority who may subject to the
provisions of this section refuse permission or grant it on such conditions as he may think
fit.

Should the Competent Authority neglect or omit for three months after the receipt of an
application under the above section to make and deliver to the applicant an order of
permission or refusal in respect thereof, and the applicant has by written communication
called the attention of the Competent authority to the omission or neglect and such
omission or neglect continues for a further period of six months, the competent authority
shall be deemed to have granted the permission without any conidition.

If a Bhumiswami of a land, which is reserved for a purpose other than agriculture in the
development plan but is used for agriculture, wishes to divert his land or any part thereof
to the purposes for which it is reserved in the development plan, or land or any part
thereof which is assessed for agricultural purpose and situated in any area other than an
area covered by development plan to the purpose of industry, a written information of his
intention, given by Bhumiswami to the Competent authority shall be sufficient and no
permission is required for such diversion.

It shall be compulsory to establish micro, small and medium industries within a period of
three years and within a period of five years in case of major industries, from the date of
notice of diversion of land diverted for industrial purpose. If production after
establishment does not start within above mentioned specified period then diversion shall
automatically be deemed to have become void.

If a competent authority undertakes the work of regularization of illegal colon, the land of
which is not diverted, then the land subject to the provisions of the development plan,
shall be deemed to have been diverted and such land shall be liable for premium and
revised land revenue.

Permission to divert may be refused by the Competent authority on the ground that the
diversion is likely to cause a public nuisance,, or the Bhumiswami is unable or unwilling
to comply with the next mentioned conditions. Conditions may be imposed on diversion
for the following objects and no other, namely, in order to secure the public health, safety
and convenience, and in the case of land which is to be used as building sites. In order to
secure in addition that the dimensions, arrangement and accessibility of the sites are
adequate for the health and convenience of occupiers or are suitable to the locality.

If any land has been diverted without permission by the Bhumiswami or by any other
person with or without the consent of the Bhumiswami the Competent Authority on
receiving information thereof, may impose on the person responsible for the diversion a
penalty not exceeding one thousand rupees and may proceed as if an application for
permission to divert has been made.
If any land has been diverted in contravention of an order passes or of a condition
imposed under any of the foregoing sub sections, the competent authority may serve a
notice on the person responsible for such contravention, directing him, within a
reasonable period to be stated in the notice, to use the land for its original purpose or to
observe the condition and such notice may require such person to remove any structure,
to fill up any excavation, or to take such steps as may be required in order that the land
may be used for its original purpose, or that the condition may be satisfied.

If any person served with the notice mentioned above fails within the period stated in the
notice to take the steps ordered by the Competent Authority under that sub section the
Competent Authority may himself take such steps or cause them to be taken and any cost
incurred in so doing shall be recoverable from such person as if it were an arrear of land
revenue.

 Section 173: Relinquishments


A Bhumiswami may relinquish his rights, that is, resign them in favour of the State
Government, but subject to any rights, tenures, encumbrances or equities lawfully
subsisting in favour of any person, other than the State Government or the Bhumiswami,
by giving notice in writing to the Tahsildar not less than 30 days before the
commencement of the agricultural year and thereupon he shall cease to be a Bhumiswami
from the agricultural year next following such date of such order. In case of the
relinquishment of only a part of the holding the Tahsildar shall apportion the assessment
of the holding. Provided that the relinquishment of a holding or any part of a holding
which is subject to an encumbrance or a charge shall not be valid.
 Section 176: Abandonment of holding
- If a bhumiswami ceases to cultivate his holding for two years either by himself or by
some other person, does not pay land revenue and has left the village in which he
usually resides, the Tahsildar may after such enquiry as he may deem necessary, take
possession of the land comprising the holding and arrange for its cultivation by letting
it out on behalf of the Bhumiswami for a period of one agricultural year at a time.
- Where the Bhumiswami or any other person lawfully entitled to the land claims it
within a period of three years from the commencement of the agricultural year next
following the date on which the Tahsildar took possession of the land, it shall be
restored to him on payment of the due, if any, and on such terms and conditions as the
Tahsildar may think fit.
- Where no claim is preferred under the above sub section or if a claim is preferred and
disallowed, the Tahsildar shall make an order declaring the holding abandoned and
the holding shall vest absolutely in the State Government, from such date.
- Where a holding is declared abandoned, the liability of the Bhumiswami for the
arrears of revenue due from him in respect thereof shall stand discharged.
 Section 177: Disposal of holdings
- If a Bhumiswami whose land has been assessed for the purpose of agriculture under
Section 59, or who holds land for dwelling purposes, dies, without known heirs, the
Tahsildar shall take possession of his land and may lease it for a period of one year at
a time.
- If within three years of the date on which the Tahsildar takes possession of the land
any claimant applies for the holding being restored to him, the Tahsildar may after
such enquiries as he thinks fit, place such claimant in possession of the land or reject
his claim.
- The order of the Tahsildar passed above shall not be subject to appeal or revision but
any person whose claim is rejected may, within one year from the date of
communication of the order of the Tahsildar file a civil suit to establish his title, and
if such suit is filed the Tahsildar shall continue to lease out the land as provided in
sub section 1
- If no claimant appears within three years from the date on which the Tahsildar took
possession of the land or if a claimant whose claim have been rejected does not file a
suit within one year as provided, the Tahsildar may sell the deceased Bhumiswami’s
right in the holding by auction.
- A claimant who establishes his title in land which has been dealt with in accordance
with the provisions of this section, shall be entitled only to the rents payable under
sub section 1 and the sale proceeds realized under 4 less all sums dues on the holding
on account of land revenue and the expenses of management and sale.

CHAPTER XIII: GOVERNMENT LESSEES AND SERVICE LAND

 Section 181: Government lessees


Every person who holds land from the State Government or to whom a right to occupy
land is granted by the State Government or to Collector and who is not entitled to hold
land as a Bhumiswami shall be called a Government lessee in respect of such land.
Every person who
- Holds any land in the Madhya Bharat region as an ordinary tenant
- Holds any land in the Vindhya Pradesh Region as a special tenant or as a gair haqdar
tenant any grove or tank or land which has been acquired or which is required for
Government of public purposes; or
- Holds any land from the State Government in the Sironj region as a gair haqdar tenant

Shall be deemed to be a Government lessee in respect of such land.

 Section 182: Rights and liabilities of a Government lessee


A government lessee shall, subject to any express provisions in this Code, hold his land
in accordance with the terms and conditions of the grant, which shall be deemed to be a
grant within the meaning of the Government Grants Act, 1895.
A Government lessee may be ejected from his land by order of a Revenue Officer on one
or more of the following grounds, namely:
- That he has failed to pay the rent for a period of three months from the date on which
it became due; or
- That he has used such land for purposes other than for which it was granted
- That the term of his lease has expired
- That he has contravened any of the terms and conditions of the grant.

Provided that no order for ejectment of a Government lessee under this sub section shall
be passed without giving him an opportunity of being heard in his defence.

CHAPTER XIV: OCCUPANCY TENANT

 Section 185: Occupancy Tenant


Every person who holds
- In the Mahakoshal Region
1. Any land which before the coming into force of the MPLRC was
malikmakbuza and of which such person had been recorded as an absolute
occupancy tenant; or
2. Any land as an occupancy tenant as defined in MPLRC
3. Any land as an ordinary tenant as defined in MPLRC
- In the Madhya Bharat region
1. Any Inam land as a tenat, or as a sub tenant or as an ordinary tenant.
2. Any land as ryotwari sub lessee.
3. Any jagir land as a sub tenant or as a tenant of a sub tenant.
4. Any land of a proprietor as a sub tenant or as a tenant of a sub tenant.
- In the Vindhya Pradesh region any land as a sub tenant of a 55 45 tenant, pattedar
tenant, grove holder or holder of a tank.
- In the Bhopal region
1. Any land as a sub tenant.
2. Any land as a shikmi from an occupant.
- In the Sironj region
1. Any land as a sub tenant of a Khatedar tenant or grove holder.
2. Any land as a sub tenant or tenant of Khudkasht

Shall be called an occupancy tenant and shall have all the rights and be subject to such liabilities
conferred or imposed upon an occupancy tenant by or under this Code.

 Section 186: Maximum Rent


Notwithstanding any agreement or usage or any decree or order of a court or any law to
the contrary, the maximum rent payable by an occupancy tenant in respect of the land
held by him shall not exceed:
- In the case of any class of irrigated land- four times the land revenue assessed on such
land
- In case of bandh land in the Vindhya Pradesh region- three times the land revenue
assessed on such land; and
- In any other case- two times the land revenue assessed.

Where such land is exempt from payment of land revenue under Section 58A, the
maximum rent aforesaid shall be reduced by the amount of land revenue so exempted
under the said section.

 Section 187: Commutation


Where an occupancy tenant pays his rent in kind, in terms of service, labour, crop share
or a specified quantity of grain, he may apply to the SDO for commuting the same into
cash.
On receipt of an application under sub section 1, the SDO shall after holding an enquiry
commute by an order in writing such rent into cash, which shall not exceed the maximum
rent laid down in section 186.
 Section 188: Rent
The rent payable by an occupancy tenant shall, as from the commencement of the
agricultural year next following the date of the coming into force of this Code, be the
maximum rent laid down in Section 186 or in the rent agreed upon between the tenant
and his Bhumiswami is less than the maximum rent, then such agreed rent.
Where the agreed rent is payable in kind, the tenant shall be liable to pay, until such rent
commuted into cash under Section 187 the maximum rent laid down in Section 186.
Every occupancy tenant shall pay the rent to his Bhumiswami on or before such date as
may be prescribed in that behalf.
 Section 189: Resumption by Bhumiswami in certain cases
- A bhumiswami whose land is held by an occupancy tenant may if the area of land
under his personal cultivation is below 25 acres of unirrigated land, within one year
of the coming into force of this code, make an application to the SDO for resumption
of land held by his occupancy tenant for his personal cultivation.
- On receipt of the application, the SDO shall, after hearing the parties and making
such further enquiries as may be necessary decide the application. Provided that the
right of resumption shall be limited to the area which together with the area already
under the personal cultivation of the Bhumiswami shall not exceed 25 acres of
unirrigated land.
Provided further that no resumption shall be allowed so as to reduce the total area of
land in possession of the occupancy tenant below:
1. 25 acres of unirrigated land if the occupancy tenant has been holding such
land from a Bhumiswami not belonging to any of the classes mentioned in
168(2), for more than 5 years prior to the coming into force of this code.
2. Ten acres in any other case.
- Where under an order passed under the above sub section the Bhumiswami is allowed
to resume a part of the land held by the occupancy tenant from such Bhumiswami, the
SDO shall select and demarcate the land allowed to be resumed. The resumption shall
be allowed only if the Bhumiswami agrees to pay the occupancy tenant such
compensation as the SDO may, after hearing the parties, fix for the improvement
effected by the occupancy tenant for the land allowed to be resumed by the
Bhumiswami. The SDO shall also in such a case fix the rent in the prescribed manner
in respect of the land left with the occupancy tenant.
- Every order allowing resumption shall take effect from the agricultural year next
following the date of the order and the tenancy of the occupancy tenant in respect of
the land resumed shall stand terminated.
 Section 191: Restoration of occupancy tenants.
- If the Bhumiswami in whose favour an order of resumption is passed under 189 fails
to cultivate such land personally during the agricultural year next following the date
on which the order is passed, the occupancy tenant may, within such time as may be
prescribed, make an application to the SDO for restoration of such land to him.
Provided that the occupancy tenant shall not be entitled to make the application if he
in any way obstructs the Bhumiswami in taking possession of or cultivating such
land.
- On receipt of the application, the SDO may, after giving to the Bhumiswami an
opportunity of being heard and making such further enquiry as may be deemed
necessary, pass an order restoring possession of the land in question to the occupancy
tenant, and where such order is passed, the occupancy tenant shall be placed in
possession of the land at the commencement of the agricultural year next following
the date of the order and the rights of Bhumiswami shall then accrue to him.
- If there is any dispute regarding the rent payable for the land restored, it shall be
decided by the SDO.
- Where any land is restored to an occupancy tenant under the above sub section, the
Bhumiswami against whom restoration is ordered, shall ever be debarred from
claiming resumption of any land of such occupancy tenant under 189.
 Section 192: Devolution of rights of occupancy tenants
The interest of an occupancy tenant in his holding shall, on his death, pass by inheritance
or survivorship, in accordance with his personal law.
 Section 193: Termination of tenancy
- The tenancy of an occupancy tenant in his holding shall be liable to terminate by an
order of the SDO made on any of the following grounds
1. He has failed to pay on or before the due date in any agricultural year the rent
of such land for that year; or
2. He has done any act which is destructive or permanently injurious to the land.
3. He has used such land for a purpose other than agriculture.
4. He has transferred his interest in the land in contravention of section 195.
- No order for the termination of his right in the land on the ground 1 specified above
shall be passed unless the SDO has by notice called upon the occupancy tenant to
tender the rent due together with cost of proceedings within such period as may be
specified in the SDO in the notice and the tenant has failed to deposit the required
amount within the said period.
- No proceeding on the ground 2 specified above shall lie unless the Bhumiswami of
such land has served on the occupancy tenant a notice in writing specifying the act of
destruction or injury complained of and the tenant has failed within a period of 6
months from the date of service of notice or with such further period as the SDO may
grant to restore the land to the condition in which it was before such destruction or
injury.

CHAPTER XVI: CONSOLIDATION OF HOLDINGS

 Section 205: Definitions


- “consolidation of holdings” means the redistribution of all or any of the land in a
village, so as to allot to the Bhumiswami continuous plots of land for the convenience
of cultivation
- “consolidation officer” means a Revenue Officer, not below the rank of a Tahsildar,
appointed by the State Government for any district or districts to exercise the powers,
and to perform the duties of a Consolidation Officer under this Code.
 Section 206: Initiation of Consolidation proceedings
- Any two or more Bhumiswamis in a village holding together not less than the
minimum area of land prescribed, may apply in writing to the Consolidation Officer
for the consolidation of their holdings.
- The Collector may of his own motion direct the Consolidation Officer to make an
enquiry into the feasibility of consolidation of holdings in any village.
- If 2/3 of the Bhumiswamis in a village apply for consolidation of their holdings or if
in the course of an enquiry into the application made under sub section 1 or 2, 2/3 of
the Bhumiswamis of the village make an application agreeing to the consolidation of
their holdings, such application shall be deemed to be the application on behalf of all
the Bhumiswamis of the village.
- If in a case falling under sub section 3, any scheme of consolidation of holdings is
confirmed, it shall be binding on all the Bhumiswamis of the village and on any
person who may subsequently be entitled to hold or occupy the land.
- In any other case, if any scheme of consolidation of holdings is confirmed, it shall be
binding on the applicants and those who have agreed to the consolidation of their
holdings and on any person who may subsequently be entitled to hold or occupy the
land affected by the scheme.
 Section 207: Rejection of application
- If on receipt of any such application or at any stage of the proceedings thereon, there
appears to be good and sufficient reason for disallowing the application or for
excluding the case of any applicant from consideration, the Consolidation Officer
may submit the application to the Collector with a recommendation that the
application be rejected in whole or in part, or that the proceedings be quashed.
- The collector, on receipt of the recommendation, may accept it and pass orders
accordingly or may order further enquiry.
 Section 208: Admission of Application
If the Consolidation Officer admits the application, he shall proceed to deal with the same
in accordance with the procedure laid down by or under this Code.
 Section 209: Preparation of scheme for consolidation of holdings
- If the Bhumiswamis making the application under 206 submit a scheme of
consolidation of holdings mutually agreed to, the Consolidation Officer, shall, in the
manner laid down under 221 examine it and, if necessary, modify it.
- If no scheme is submitted with the application, the Consolidation Officer shall
prepare a scheme for the consolidation of holdings in the manner laid down under
221.
- If the Consolidation Officer is of the opinion that the redistribution of land in
accordance with a scheme of consolidation will have the result of allotting to any
Bhumiswami a holding or land of a less market or productive value than that of his
original holding or land, the scheme may provide for the payment of compensation to
such Bhumiswami by such person or person as may be directed.
- Where the scheme of consolidation is complete, the Consolidation Officer, after
considering and as far as possible removing the objections, if any, made to the
scheme shall submit it for confirmation to the Collector.
- When the scheme of consolidation is complete, and if all the Bhumiswamis affected
by such scheme, agree to enter into possession of the holdings allotted to them
thereunder, the Consolidation Officer may allow them to enter into such possession
from a date to be mentioned in the scheme.
 Section 210: Confirmation of scheme
The collector may either confirm the scheme with or without modification or refuse to
confirm it after considering the objections, if any, to the scheme of consolidation and the
recommendation of the Consolidation Officer. The decision of the Collector, subject to
any order that may be passed in revision by the Settlement Commissioner under Section
50, shall be final.
 Section 211: Procedure on confirmation
- Upon confirmation of the scheme of consolidation, the Consolidation Officer shall, if
necessary, demarcate the boundaries of the holdings and shall proceed to announce
the decisions finally made and cause to be prepared in accordance with the scheme, a
new field map, record-of-rights, other records prescribed under 114, Nistar Patrak and
Wajib-ul-arz.
 Section 212: Right of Bhumiswamis to possession of holdings
The Bhumiswamis affected by the scheme of consolidation, if they have not entered into
possession under 209(5), shall be entitled to possession of the holdings allotted to them
under the scheme, from the commencement of the next agricultural year, and the
consolidation officer shall, if necessary, put them, by warrant in possession of the
holdings to which they are entitled.
Provided that if all the Bhumiswamis agree, they may, after confirmation, be put into
possession of their holdings by the Consolidation Officer from any earlier date.
 Section 213: Transfer of Rights of Bhumiswamis in holdings.
- The rights of Bhumiswami in their holdings shall, for the purpose of giving effect to
any scheme of consolidation affecting them, be transferable by exchange or otherwise
and no person shall be entitled to object to or interfere with any transfer made for the
said purpose.
- The Consolidation Officer may also transfer by exchange or otherwise any land
belonging to the State Government where such transfer is necessary for the purpose
of giving effect to any scheme of consolidation.
 Section 215: Costs of carrying out scheme
- The Consolidation officer shall, unless the state government for sufficient reasons
directs otherwise, recover from the Bhumiswamis whose holdings are affected by the
scheme for consolidation of holdings, the cost of carrying out the scheme, which shall
be assessed in accordance with rules made under 221.
- The consolidation officer shall apportion the costs among the Bhumiswamis liable to
pay them according to occupied area of the holdings affected by the scheme.
 Section 218: Transfer of Property during proceedings
When an application for the consolidation of holdings has been admitted, no
Bhumiswami upon whom the shceme will be binding shall have power, during the
continuance of the consolidation proceedings, to transfer or otherwise deal with any part
of his original holding or land so as to affect the rights of any other Bhumiswami thereto
under the scheme of consolidation.
 Section 219: Rights of Bhumiswamis after consolidation same as before
A bhumiswami shall have the same rights in the holding or land allotted to him in
pursuance of a scheme of consolidation as he had in his original holding.
 Section 221: Power to make rules
- The state government may make rules for the purpose of carrying into effect the
provisions of this chapter.
- In particular and without prejudice to the generality of the foregoing power, the state
government may make rules
1. Prescribing the minimum area of land to be held by the person making the
application under 206
2. Providing for the particulars to be contained in any application made under
206
3. Providing for the procedure to be followed by the Consolidation Officer in
dealing with applications for the consolidation of holdings and for the
appointment and constitution of any Advisory Committee or Panchayat to
assist the consolidation officer in the examination or preparation of the
scheme.
4. For determining the compensation to be paid in cases falling under 209
5. For determining the market or productive value of the different holdings and
lands brought under any scheme of consolidation.
6. For the guidance of the consolidation officer in respect of the transfer of
encumbrances and leases under section 220
7. Generally for the guidance of the Consolidation Officer and other officers and
persons in all proceedings under this chapter.

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