MODULE 1

HISTORY OF LAND REVENUE

“Land” – area within earth’s surface; everything above and below it
“Property” – bundle of rights – Ownership, Possession, Right of enjoyment, Right to
dispose, Right to destruct, etc. – includes all objects above and below in its natural state
(restricted to such height as necessary for ordinary use and enjoyment) – may be private or
public – valid title of owner (upon fulfilling conditions set by law)
Evolution of Property rights:
● Started with agrarian revolution (didn’t exist till hunter-gatherer era)
● Land owner evolved to become basis of social order.
● State started playing dominant role in property (as opposed to customs)
● Industrial revolution made land even more important.
● Mughals and other pre-British regimes – state was sole owner of land – right to land
produce and collected land revenue – parasitic intermediaries (Zamindars, Jagirdars,
etc.) led to huge inequality
● British continued with the system of non-cultivating intermediaries, since it made it
easier to rule –Land ownership was concentrated on few hands – Leasing out was
common practice with exploitation of tenants – Poorly maintained land records,
leading to excessive litigation – Tried to maximise was leasing out very small part of
land for farming; leading to inefficient use of the soil, labour, etc. - Rights became
major issue during independence struggle – “Land to the Tiller”
● Post-independence; Kumarappa Committee – recommended agrarian reform
measures (many flaws and was not properly implemented though)
● Article 17 of Universal Declaration of Human Rights (1948) – recognised right to
private property – India is signatory
● Section 299 of Government of India Act, 1935 – precursor to Constitution –
affirmed “right to property” – also included safeguards against State acquiring private
property without adequate compensation and for non-public use
● Constitution of India – recognises individual’s right to property as well as State’s
power to acquire property – tried balance between the two with right to compensation
for acquisition – also made ‘Land’ a State (provincial) subject (State list); only State
legislatures have power to enact and implement land-reform laws.
● There are around 200 central legislations relating to Land; along with additional state
laws.

OVERVIEW OF INDIAN LAND REFORMS MEASURES

o “Land Reforms” – broad term – institutional measure to alter existing pattern of
ownership, tenancy and management of land – redistribution of the rights of
ownership and/or use of land away from large landowners and in favour of
cultivators with very limited or no landholdings
o Kumarappa Committee’s Report – 4 main components of land reforms:
i. Abolition of intermediaries/Zamindari system – took away their superior rights
over land and weakened their economic and political power – strengthened the
 cultivators (the actual landholders) through distribution by Government – Cultivable
wasteland and private forests also taken over by State.
ii. Tenancy reforms – problem of exorbitant rent existed – reforms to regulate rent,
provide security of tenure and confer ownership to tenants.
iii. Fixed ceilings on landholdings – Land Ceiling Acts – maximum size of landholding
or individual farmer or farm household - to prevent concentration of land ownership -
ceiling limits varied from region to region – surplus land was identified and
redistributed to landless farers, SC, ST, etc.
iv. Consolidation of landholdings – reorganisation of fragmented lands into one plot –
to make irrigation, cultivating, personal supervision, etc. easier

o Bhoodan Movement – Vinoba Bhave, 1951 – urged landed classes to voluntarily

surrender part of their land to the landless
o Gramdan Movement – 1952 - persuaded landowners and leaseholders in each
village to renounce their land rights and all the lands would become the property of a
village association for an egalitarian redistribution and joint cultivation. - Under this
movement, a village was declared as “Gramdan” when at least 75% of its residents
with 51% of the land signified their approval in writing for Gramdan.
o Land rights is still a major issue because Land provides a measure of security
unmatched by other economic resources - Land disputes form a majority of civil
cases and clogs the system with high pendency rates (takes about 20 years on average
if case goes all the way to SC)
o All land, unless explicitly exempted, is liable to payment of revenue to the State
government. – called “Land Revenue”
o Land revenue for Agriculture land – at rates fixed at time of settlement.
o When Agriculture Land is converted to residential/commercial purpose – Diversion
Rent and Premium assessed by Sub-Divisional Officer (SDO).
o Nazul/Government land allotted on permanent/temporary lease – Nazul rent,
premium, interest levied by government department.
o In Panchayat areas – Panchayat cess also.

THE CHHATTISGARH LAND REVENUE CODE, 1959

Objective (in Preamble): Consolidate and amend laws regarding land revenue, rights and
liabilities of landholders, powers of Revenue officers in Chhattisgarh.
Applicability: Whole of Chhattisgarh except reserved or protected forests under Indian
Forest Act, 1927.
Definitions (Section 2):
● “Abadi” – same as “village site” or “gaonsthan” – area reserved in villages/non-urban
places for residence of inhabitants, or other ancillary purposes.
● “Agriculture” – (i) Raising of annual or periodical crops, (ii) Horticulture, (iii)
Planting and upkeep of Orchards, (iv) Land for grazing/fodder/thatching grass
(used to build huts), (v) Poultry, Fisheries, Animal husbandry; more than 5 kms
away from periphery of urban areas
● “Agriculture year” – from 1st July (or any other date decided by State government)
 ● “Bonafide Agriculturist” – Person who cultivates his land personally or reasonable
belief of personal cultivating.
● “Government Lessee” – Person holding land under Section 181 (just the government
lessees section)
● “Holding” – (i) Parcel of land held under one tenure, and separately assessed for
land revenue, (ii) For Tenant – land held from a bhumiswami under lease or set of
conditions.
● “Improvement” – Any work which adds materially to the value of the holding with
respect to the purpose for which it is held.
Includes:
(i) Construction of tanks, wells, water channels, etc. – storage/supply/distribution of
water for agriculture purposes
(ii) Construction of drains – protection from floods, erosion, etc.
(iii) Planting of trees – reclaiming/clearing/enclosing/levelling/terracing of land.
(iv) Erection of buildings in or near the holding, but outside abadi or urban area,
which makes the occupation of the holding more convenient or profitable.
(v) Renewal/Reconstruction/Alterations/Additions to holding.
Does not include:
(a) Temporary wells, channels, etc. made in ordinary course of agriculture
(b) Any work which substantially diminishes value of the holding.
[If a work benefits multiple holdings, then it an “improvement” to each such holding]
● “Land” – portions of earth’s surface above or below water and all things attached
to/permanently fastened to such land.
● “Landless Person” – Bonafide agriculturist who individually and jointly with
family(spouse, children and parents) hold no land.
● “Rent” – whatever is paid or payable in money or in kind: (i) by occupant or lessee
to bhumiswami, (ii) by government lessee to the government.
● “Survey Number” – non-urban area land – recognised in previous revenue survey or
by the Collector – indicative number for area and land revenue payable in land
records
● “Plot Number” – urban area land – same as above
● “Timber Trees” – Sagwan, Bija, Shisham, Sal, Tinsa, etc.
● “To cultivate personally” – (i) Own labour, (ii) Family member’s labour, (iii)
Servant’s labour; but should not be paid in crop share, (iv) Hired labour under
personal supervision (or supervision of family)

BOARD OF REVENUE/ REVENUE COURT AND REVENUE OFFICERS

- Revenue Board – Highest Court of Appeal/Revision in revenue cases – Chief
Revenue Controlling Authority
- Revenue courts deal with cases of land revenue in the State. The highest revenue
court in the district is the Board of Revenue. Under it are the Courts of
Commissioners, Collectors, Tehsildars and Assistant Tehsildars. The Board of
Revenue hears the final appeals against all the lower revenue courts under it.
- Section 3 – Constitution of the Board – President and as many members as the
State govt. deems fit to appoint.
- Principal Seat of the Board – Bilaspur
POWERS of the Board:
 i. Power of superintendence (Section 8) – All pervasive power over all matters
ii. Power to make rules (Sections 9 & 41) – Regarding exercise of powers and functions
iii. Power to transfer cases (Section 29(1)) – from one Revenue officer to another; equal
to superior rank within same district or another district.
iv. Power to hear appeals (Section 44) – Highest revenue Court in a district
v. Power of revision (Section 50)
vi. Power of review (Section 51)

Main ADMINISTRATIVE FUNCTIONS of the Board:

- Supervision, direction, control and inspection of the work of Divl. Commissioners,
Collectors, S.D.O.s and Tahsildars; along with submission of annual remarks to Govt.
- Establishment of Tahsildars and Naib Tahsildars
- Establishment of district and divisional offices.
- Administration of Government Estates.
- Survey, settlement and Record operations.
- Maintenance of Land records.
- Collection, compilation and publication of statistics relating to land agriculture.
- Supervision, direction and implementation of land reforms measures.
- Work relating to abolition of Zamindari in urban areas of the state.
- Work relating to payment of compensation.
- Land Acquisition work including establishment of special Land Acquisition Officers.
- Direction and supervision of work relating to collections of land Revenue and Land
Development Tax, Irrigation dues and other Government dues which includes :–
(a) Consolidation costs.
(b) Forest dues
(c) Excise dues.
(d) Trade Tax
(e) Motor vehicle taxes
(f) Development loans
(g) Industrial loans
(h) Agriculture seed store
(i) Electricity dues.
(j) Such other dues as are recoverable as arrears of Land Revenue.
- Assisting Government in the Administration and supervision of the flood, drought,
scarcity and relief measures. .
- Administration and maintenance of revenue building.
- Supervision of all revenue court working in the state.
- Work relating to Agriculture and live-stock census.
- Supervision of work relating Evacuee property.

QUALIFICATION of Board Members:

a) Eligible for appointment as a Judge of the High Court; or
b) Has been a Revenue Officer, and has held, for at least five years, an office not
lower in rank than that of a Collector.

REVENUE OFFICERS:- (hierarchy top down)

 i. Commissioners – includes Additional Commissioners and Settlement Commissioner
(including Additional Settlement Commissioner)
ii. Collectors – (including Additional Collectors)
iii. Settlement Officers – (including Deputy and Assistant Settlement Officers)
iv. Sub-divisional officers (SDO)
v. Assistant Collectors
vi. Joint Collectors – (including Deputy Collectors)
vii. Tahsildars – (including Additional Tahsildars)
viii. Superintendent of Land Records
ix. Naib Tahsildars
x. Assistant Superintendent of Land Records

PATWARI:
- Though working at the lowest rung of land revenue administration, Patwari is one of
the most important officers directly dealing with the land matters.
- A Patwari is assigned a particular tehsil (a unit of administrative division), and he is
responsible for the maintenance of land records of the area.

Appointment of Revenue Inspectors and Patwaris:

- Patwari is an important official at the village level. He is often known by different
names in different areas.
- He can also be referred to as lekhpal or as karamchari or a village officer.
- A patwari has three chief duties:
1. Maintenance of record of the crop grown at every harvest
2. Maintaining and updating the record of rights that is, who owns which field in the
village and who would inherit it,
3. And measuring land and organizing the collection of land revenue from the
farmers.
- He also provides information to the government about crops based on harvest
inspection.
- It is the responsibility of patwari to report at all serious calamities affecting the land
or the crops and all severe outbreaks of disease amongst men and beasts. He must aid
the headman in revenue collection. He keeps up a diary and a workbook. The entries
should be made on the day on which the events come to the notice of the patwari.
- The patwari is responsible for the safe custody of all the records, maps, and
equipment of the area that are in his charge. In the workbook, he enters the work done
by him each day. Farmers may change the crops cultivated by them or facilities like
wells or tube wells may be dug at places where they did not exist earlier.
- One such record is the khasra. It is a register of harvest inspections (parhtaal). The
patwari conducts the field harvest inspections in the month of October, February, and
April, wherein he records facts regarding crop grown, soil classification, the
cultivable capacity of the cultivators.
- The first six-monthly inspection starting from 1 October is called Kharif parhtaal
while the second commencing from 1 February is called rabi parhtaal. In the month of
 April, the zaid parhtaal is done. The khasra number is the plot number given to a
specific piece of land in the village.
- The khasra numbers in a village are created once a settlement of the village starts. The
settlement officials take the village as a whole and on its map start from north-east
and allot a number to each and every plot in direction and reach the north-east
direction again after allotting a number to each plot in all directions.
- Patwari is the person whose main task is to measure land and keep land records.
- He also updates these records.
- Each Patwari is responsible for a group of villages.
- The Patwari is also responsible for organising the collection of land revenue from the
farmers and providing information to the government about the crops grown in this
area.

The primary duties of a patwari are as follows:

i. Maintenance of village land accounts and records
ii. Measurement of agricultural and fallow land
iii. Collection of revenue information
iv. Land dispute management
v. Maintenance of crop yield records
vi. Collection of tax revenue and irrigation dues
vii. Keeping the land records up to date

SECTION 104 - FORMATION OF PATWARIS' CIRCLES AND APPOINTMENT OF

PATWARIS THERETO:
1) The Collector shall from time to time arrange the villages of the tahsil in patwari
circle and may, at any time, alter the limits of any existing circle and may create new
circles or abolish existing ones.
2) The Collector shall appoint one or more patwaris to each patwari circle for the
maintenance and correction of land records and for such other duties as the State
Government may prescribe.
3) Notwithstanding any usage or anything contained in any treaty, grant, or other
instrument, no person shall have any right or claim to continue or to be appointed as a
patwari on the ground of right to succeed to such office by inheritance.

REVENUE INSPECTOR (RI):

- A Revenue Inspector is the next officer in hierarchy after a Patwari. He is in charge of
a group of tehsils/mandals. He primarily assists the Tehsildar and Naib Tehsildar in
carrying out the duties related to land matters.
- His primary duties are supervision of Patwaris, periodical checking and verification of
land records, to report to higher authorities about the condition of crops, rainfall, and
water, to conduct land measurement surveys, report the damages caused by hailstorms
or calamities, report the cases of diversion of agricultural land to non-agricultural use,
to certify mutation in case of encumbrances, and to prepare boundary marks
inspection register, among others.
THEORY OF EMINENT DOMAIN
- Called “Eminent domain” in USA, Philippines, “Land acquisition” in India,
Malaysia, Singapore, “Compulsory Purchase” in UK, Ireland, etc.
- “Eminent Domain” = Permanent domain = Supreme power of the State to take
over property of any person in the interest of the general public/public use, with
adequate compensation to owner. – Consent not necessary; but fair
compensation.
- “Welfare of the people is the paramount law”; “Public necessity is greater than the
private necessity”
- Land Acquisition Act contains the power of eminent domain.
- Section 57 (CGLRC, 1959) – State Ownership in all Lands - including standing and
flowing water, mines, quarries, minerals and forests reserved or not, and all rights in
the sub-soil of any land are the property of the State Government

ASSESSMENT AND REALIZATION OF LAND REVENUE

ASSESSMENT OF LAND REVENUE:
- “Assessment” is the process of estimating the potential of land for payment of
land revenue.
- The term ‘settlement' is applied in Indian revenue affairs to the “Process of assessing
the land revenue demand”.
- The basis of land revenue assessment in some States is net assets of the estate, while
in others, it is net produce or gross produce. Still in another set of States, capital
value or rental value determines the basis of assessment.
- Factors considered:-
1. Agricultural factors:
i. Quality of soil and level or position of the land
ii. Type of crops raised
iii. Possibilities of natural or artificial watering
iv. Manuring, and land improvements

2. Economic factors:
i. Nearness to the village habitation and market
ii. Transport and communication facilities
iii. Prices of crops raised
iv. Economic condition of the tenants

- Principles of Assessment:
1. No regards to claim in privileged land. (i.e. no assessment of lands to which
privileged terms are attached
2. Regard shall be had in: (i) Agricultural land, and (ii) Non-Agricultural land
(i) Agricultural land:
a) Profits of agriculture
b) Consideration paid for leases
c) Sale prices of land
 d) Principal moneys on mortgages
(ii) Non-Agricultural land:
a) The value of the land
b) The purpose for which it is held

REALISATION OF LAND REVENUE:

Section 137 - Land revenue shall be FIRST CHARGE on land – The land revenue assessed
on any land shall be first charge on that land and on the rents and profits thereof.
- A first charge ensures that the charge (i.e. LR) is first to be paid back upon the sale of
the property or if the property goes into default. Hence it is known as a secured
charge.

LANDHOLDING, LAND REVENUE, AND ITS LIABILITY

● “Holding” – (i) Parcel of land held under one tenure, and separately assessed for
land revenue, (ii) For Tenant – land held from a bhumiswami under lease or set of
conditions.
[“Bhumiswami” = tenure holder; owner of the rights of the land which he holds under
the State.]
● “LANDHOLDING” is defined as the area of land which a person or a family owns.
It could be one piece of land or a number of small scattered pieces of land.
● Categories:
i. Marginal farmers: less than 1 hectare; (75% of total farmers in India)
ii. Small farmers: 1-2 hectares; (10%)
iii. Semi-medium farmers: 2-4 hectares;
iv. Medium farmers: 4-10 hectares;
v. Large farmers: More than 10 hectares; (0.24%)

“LAND REVENUE”
- means all sums and payments in money or in kind received or claimable by, or on
behalf of Government, from any person on account of land held by, or vested in,
him, and includes any tax, cess, rate or other impost payable under the provisions of
any law for the time being in force.
- Land revenue is tax or revenue levied on agricultural production on land. It is
either collected as a percentage of the share of total crop or a monetary value is fixed
on the land to be paid by the farmer. It has been the major source of revenue for
empires.
- It is the annual or periodical yield of taxes, excise and custom duties and other sources
of income that a nation, state or municipality collects and deposits into treasury for
public use.
 - It is first charge on the land; upon the rents, profits and produce.

OBJECTIVES of Land Revenue Administration:

i. To assess and collect of land revenue, collection of local cess on behalf of local
bodies, collection of court fees, recovery of loans and advances, other dues of various
departments, and all other dues recoverable as arrears of land revenue.
ii. To prepare and maintain "Land Records" related to revenue accounts
iii. To exercise the statutory powers endowed under various land reform enactments. (like
Land Acquisition Act, State Land Revenue Codes, etc.)

HISTORY: Land revenue was major source of income for Kingdoms; British adopted it in a
much harsher way; peasants and cultivators had to bear all the costs of the Company’s
administration, wars, conquests, etc.

Section 58 of CGLRC, 1959 – All land is liable to the payment of revenue to the State
government.
Section 58A – Exemptions - no land revenue shall be payable in respect of an uneconomic
holding used exclusively for the purpose of agriculture. – not more than 5 acres.

Section 59 - Variation of land revenue according to purpose for which land is used:
The assessment of land revenue on any land shall be made with reference to the use of land
a) for the purpose of agriculture or such farm house, which is situated on holding of one
acre or more;
b) as sites for dwelling houses;
c) for purposes other than those specified in item (a), (b), (d) or (e)];
d) for industrial or commercial purpose;
e) for the purpose of mining under a mining lease.
Where land for use for any one purpose is diverted to any other purpose, and land revenue
is assessed thereon under the provisions of this section, the Sub-Divisional Officer shall also
have power to impose a premium on the diversion in accordance with rules made under this
Code: Provided that no premium shall be imposed for the diversion of any land for
charitable purposes.

LIABILITY OF LAND REVENUE

WHO PAYS Land Revenue Tax/Land tax/Property tax?
Section 138 - Responsibility for payment of land revenue:
(1) The following person shall be primarily liable for the payment of the land revenue
assessed on a holding – (a) in a bhumiswami's holding the bhumiswami; – (b) in a holding
consisting of land leased by the State Government the lessee thereof.
(2) When there are more than one bhumiswami or lessee in a holding, all such
bhumiswamis or lessees, as the case may be, shall be jointly and severally liable to the
payment of the land revenue on such holding.
Basically, Bhumiswami’s holding = Bhumiswami has liability to pay land revenue, and
Land leased by the Govt. = Lessee has the liability
If more than one Bhumiswami or Lesse, all will be jointly and severally liable.

HOW IS IT CALCULATED?
1. Annual Rental System - Based on the annual rental value of the property, a certain
percentage of the earning is paid as land tax.
2. Unit Area Value System - Based on the carpet area of the property, its usage and
location, and expected returns on the property, tax is calculated.
3. Capital Value Based System - Based on the market value of the property, the civic
body revises the taxes annually.

SECTION 139 - LAND REVENUE RECOVERABLE FROM ANY PERSON, IN

POSSESSION:
- In 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.

SECTION 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.
- The State Government may make rules providing for the payment of land revenue in
INSTALLMENTS and on dates (hereinafter referred to as prescribed 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 installments shall be paid.
- The payment of land revenue to the person prescribed under sub- section (2) 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,
and shall not affect the provisions of sub-section (1).
SECTION 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 by subsection (1) 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 as the case may be, shall, on application of the payer, be
liable by an order of the Tahsildar to pay a penalty not exceeding double the amount
paid.

SECTION 143 - PENALTY FOR DEFAULT OF PAYMENT OF LAND REVENUE:

- If any installment of land revenue or any part thereof is not paid within one month
after the prescribed date the Sub-Divisional Officer may in the case of a willful
defaulter, impose penalty not exceeding ten per cent of the amount not so paid :
- Provided that no such penalty shall be imposed for the non-payment of any
installment, the payment of which has been suspended by the order of
Government, in respect of the period during which the payment remained suspended.

SECTION 144 - REMISSION OR SUSPENSION OF LAND REVENUE ON FAILURE

OF CROPS:
(1) The State Government may grant remission or suspension of land revenue in years in
which crops have failed in any area or in which crops could not be grown in any area in
consequence of any order made under any law by a competent authority, and such
remission or suspension shall be determined in accordance with rules made under this Code.
(2) 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 any such order.

THE LEGAL PROCESSES FOR THE RECOVERY OF ARREARS ARE:

a) by service of a writ of demand on the defaulter
b) by distress and sale of his movable property and uncut or ungathered crops
c) by transfer of the holding in respect of which the arrear is due
d) by attachment of the estate or holding in respect of which th earrear is due
e) by annulment of the assessment of that estate or holding
f) by sale of that estate or holding
g) by proceeding against other immovable property of the defaulter
NOTICE OF DEMAND:
- A notice of demand is issued on or after the day following that on which the arrear
became payable. The form and contents of the notice of demand, the cost recoverable
for such notice from the defaulter as an arrear of land revenue and the officers by
whom such notices should be issued is to be as prescribed.
FORFEITURE OF OCCUPANCY OR ALIENATED HOLDING:
- The Tahsildar is empowered to declare the land liable for arrear of land revenue is to
be forfeited and sell or otherwise dispose of the same and credit the proceeds to the
defaulter’s account.
DISTRAINT & SALE OF MOVABLE PROPERTY:
- The Tahsildar has the power to order the distraint and sale of the defaulter’s moveable
property and such distraint and sale is to be carried out by the prescribed procedure
and officers or class of officers. However any article kept exclusively for religious use
or whatever is exempt from distraint or sale of any property under Code of Civil
Procedure, 1908 in execution of a decree is also exempt from the aforesaid process.
ATTACHMENT AND SALE OF IMMOVABLE PROPERTY:
- In addition to or instead of the methods provided for the recovery of land revenue if
the Tahsildar feels then he is empowered to cause any immoveable property of the
defaulter to be attached and sold. But the property of a minor descended to him by the
regular course of inheritance is exempt from such attachment and sale.

SECTION 147 - PROCESS FOR RECOVERY OF ARREAR:

An arrear of land revenue payable to Government or Gram Sabha] may be recovered by a
Tahsildar by any one or more of the following processes:
(a) by attachment and sale of movable property;
(b) by attachment and sale of the holding on which arrear is due and where such holding
consist 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.
(bb) by attachment of holding on which arrear is due
(bbb) by attachment of any other holding belonging to the defaulter which is used for the
purposes of agriculture
(c) by attachment and sale of any other immovable property belonging to the defaulter :
NO attachment and sale of the following:
i. the necessary wearing apparel,
ii. cooking vessels,
iii. beds and bedding,
iv. personal ornaments (religious usage)
v. tools of artisans
 vi. if the defaulter is an agriculturist, his implements; except implimnets druven by
mechanical power
vii. Cattle and seed; if necessary to earn livelihood
viii. Articles set aside exclusively for use of religious endowments
ix. Houses 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

SECTION 152 - LAND SOLD FOR ARREARS TO BE FREE FROM

ENCUMBRANCES

SECTION 155 - MONEYS RECOVERABLE AS AN ARREAR OF LAND REVENUE:

i. all rents, royalties, water rates, cesses, fees, charges, premium, penalties, fines and
cost payable or leviable under this Code or any other enactment
ii. all moneys falling due under any grant, lease or contract, which provides that, they
shall be recoverable in the same manner as an arrear of land revenue.
iii. amount guaranteed under a contract of guarantee
iv. any sum ordered by a liquidator
v. construction charges

SECTION 157 - CLASS OF TENURE:

There shall be only one class of tenure-holders of land held from the State to be known as
bhumiswami

SECTION 159 - LAND REVENUE PAYABLE BY BHUMISWAMIS:

Every person becoming a bhumiswami under Section 158 shall pay as land revenue
a) if he was paying land revenue in respect of the lands held by him-such land revenue;
or
b) if he was paying rent in respect of the lands held by him - an amount equal to such
rent.

SECTION 161 - REDUCTION OF REVENUE DURING THE CURRENCY OF

SETTLEMENT:
When?:
(i) land has been rendered unfit;
(ii) that any irrigation source has fallen into disrepair and has ceased to irrigate;
(iii) that any private irrigation source ceased to irrigate
(iv) that the revenue payable by the bhumiswami in respect of the land is more than the
revenue calculated;
(v) area of the holding has decreased.

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.
- Inheritance - refers to the assets that an individual bequeaths to their loved ones after
they pass away.
- Survivorship - the right of a surviving owner or owners of property held as under
joint tenancy to undivided ownership upon the death of either or any of them.
- Bequest - the act of giving or leaving something by will
 MODULE 2
Land records
Land record is a generic term which is used to refer to a number of records.
These include:-
– Records of Rights (RoRs),
– register of the lands,
– crop inspection register,
– tenancy, mutation register,
– Khasra/Khatauni
– Field map
– Record of rights
– Kisan Kitab.
• Land record also includes certain geological information in regard to the land such as the
shape and size of the land, type of soil on the land.
• It can also include the economic information in relation to the irrigation and crops.
Land ownership can be determined through a set of documents:-
THE RECORD OF RIGHTS (ROR): which captures details such as the name of the land
holder, the number and size of the plot area, and revenue rate (for agricultural land).
REGISTERED SALE DEED: to prove that the property has been sold from one person to
the other, and the taxes on the sale have been paid.
SURVEY DOCUMENTS: to record a property’s boundaries and area, and prove that the
property is listed in government records
PROPERTY TAX RECEIPTS:
LAND REFORMS OR LAND-RECORD REFORMS?
• Land reforms cannot even be initiated if the land records are not reformed.
• Without updating the land records there is no point in talking digitization of records, which
means scanning the defective documents with thousands of wrongful entries and manipulated
names.
• For updating records one need to survey the land, involve the people, consult the neighbours
and finalize in an authentic manner.
The evolution of land records:
Prior to independence, land mostly concentrated with landlords and zamindars- had
permanent property rights-collected rent from given territory- paid a fixed revenue to the
government-although rent paid to the zamindars and landlords were unregulated-landlord
made profits by charging in excess of the amount to be paid for revenue.
landlords were primarily interested in maximising rent collection, a system of land records
was created and maintained to facilitate this process- they furnished important records
required for this process like area of property, details of the person in possession etc.
post independence the zamindari system was abolished but land owners and state continued
to follow this sytem of collective revenue. the records were collected and maintained
manually by the respective revenue department.
Maintenance of land records
Land administration essentially involves recording, processing and dissemination of
information about the ownership, value, and use of land. The system of land records
management varies across states, depending on factors such as historical evolution and local
traditions. Broadly, such information can be classified as details of the property (such as tax
documents, rental documents), spatial records (such as maps, boundary limits), and
transaction records (registered sale deeds).
The Digital India Land Records Modernization Programme (DILRMP)
The main components of the system are:
● entry of ownership records,
● continuous Mutations updating,
● digitization of maps and integration of textual and spatial data,
● survey/re- survey and updating of all survey and settlement records including creation
of original cadastral records wherever necessary,
● computerization of registration and its integration with the land records,
● Development of core Geographical Information System (GIS) and capacity building.
Reforms undertaken to improve the system of land records:
● Around 1988-89, the central government started the Computerisation of Land Records
scheme to computerise all land records.
● In 2008, all these schemes were merged into a centrally sponsored scheme, the
NATIONAL LAND RECORDS MODERNIZATION PROGRAMME (NLRMP).
The scheme has now been renamed as the Digital India Land Records Modernization
Program
Benefits:
– Real-time land ownership records will be available to the citizen.
– Free accessibility to the records will reduce interface between the citizen and the
Government
functionaries, thereby reducing rent seeking and harassment. • Public-Private Partnership
(PPP) mode of service delivery will further reduce citizen interface with Govt. machinery,
while adding to the convenience.
– The single-window service or the web-enabled “anytime-anywhere” access will save the
citizen time and effort in obtaining RoRs (Record of Rights), etc.
– Automatic and automated mutations will significantly reduce the scope of fraudulent
property deals.
– Conclusive titling will also significantly reduce litigation.
– Certificates based on land data (e.g., domicile, caste, income, etc.) will be available to the
citizen through computers.
– This method will permit e-linkages to credit facilities.
– Information on eligibility for Government programs will be available, based on the data

Various land records

1. Field map: (Section 107)
● Shall be prepared a map showing boundaries of survey numbers/plot numbers
and wastelands called field maps for every village except otherwise stated by
State Government
● Must be prepared for abadi of each village a map showing the area that has
been occupied by private holders and the one not so occupied by private
holders and other prescribed particulars
● If State Government considers that in case of any village- necessary to show
separately in map prepared u/s 2 privately occupied plots- may direct the
collector to prepare such a map or revise.
● If gram panchayat passes resolution-to show the population of village abadi
showing separately lands occupied by private holders- is willing to contribute
to the cost of the survey- in proportions as may be prescribed-State
government may undertake preparation of such a map
● Such maps shall be prepared at all times and under all circumstances by the
settlement officer or collector as the case may be
In addition to the particulars mentioned in sub-section (2) of Section 107 of the
Chhattisgarh Land Revenue Code, 1959, the map shall show, in respect of the area not
occupied by private holders, the following particulars, namely:
i) Open sites/site available for building purposes-if site <75sq meters shall not be
considered for the same
ii) Reserved plots for
a) Government building occupied plot
b) Plot reserved for specific purposes or government works
c) Important roads and lands
d) Important places like schools temples playground, dispensaries, bazaars
etc.
e) i and ii plots should be serially numbered
Department Functions Documents Officers
maintained

REVENUE Collection of land Record of Rights · District –

revenue (RoR) Collector
• khasra · Block - Tehsildar
· Village - Patwari
 Updating and •· Mutation register
maintaining
revenue records

SURVEY AND Maintaining spatial Village map · City · District - Deputy

SETTLEMENT land records survey maps inspector
· Block - Town
surveyor
· Village - Village
Administrative
Officer

REGISTRATION · Registration of Encumbrance District - Registrar

AND STAMP property certificate · Block - Sub-
REVENUE documents and registr
deeds · Sale deed

· Evaluation and
collection of stamp
duty

2. Record of Rights(ROR)
● Maintained in every estate
● Gives various information about the particulars land
● Assessment of land revenue payable and land disputes determined in light of
such records.
● Collection of various revenue papers regarding an estate
● Maintained in every village- contain info about revenue matters rent payable,
cessess, names of landowner and tenant, their obligation and right, etc
Necessary in the land revenue system
Government always claimed a share in the produce of the land- from persons whose
permanent right to occupy and tillage is recognised- this share is called land revenue-
valuable property created on the land necessitates to determine who benefits from it- likewise
necessity of record showing personal responsibility for payment of land revenue from the
government-Accurate records necessary to ensure sound system of assessment and collection
of land revenue- if absent, impossible to determine liability of payment of revenue over any
particular land-difficult to settle disputes between various claimants of land- present act
presumes truth attached to the entries in record of right.
Primary object
Collection of revenue of land from whoever is liable under the act
Record of rights (Section 108)
must be prepared and maintained for every village in accordance with rules and shall include
 (a) Names of bhumiswamis-together with survey numbers, plot numbers held by them
irrigated or unirrigated
(b) Occupancy tenants and government lessee(names)- with survey numbers of plot held
by them irrigated or unirrigated
(c) Nature and extent, conditions and liabilities (if any) of the respective interests of such
persons
(d) Rent/land revenue(if any) payable by such persons.
(e) Other particulars as prescribed
Note: record-of-rights mentioned in sub-section (1) shall be prepared during a [revenue
survey]3 or whenever the State Government may, be notification, so direct.]
Acquisation of rights to be reported (Section 109)
● Any person lawfully acquiring any right or interest in land- report orally/writing to
patwari-within 6 months from date of such acquisition
● Patwari shall give a writing acknowledgement of such report at once to the person
making it in prescribed form.
● Provided- when person acquiring is a minor/otherwise dis qualified- guardian
/anyone in charge of his property shall make the report
● Right mentioned doesn’t include an easemenat/charge not amounting to a
mortgage (kind specified in S.100 of TPA)
● Person whoch favour mortgage is redeemed/paid-off or lease in determined,
acquires a right within the meaning of this section.
● Patwari- includes any person appointed to perform the duties of a Patwari
● Intimation in writing required to be given to the patwari- may be given through a
messenger or handed over in person or sent by registered post
● Any person referred to in (1) may rwport his acquisition is writing to the Tahsildar
within six months
3. Kisan Kitab S.114A
Obligatory-every bhumiswami whose name is entered into the khasra or field book-
prepared u/s 114- to maintain a Kisan Kitab- with respect to all his holding in the
village-shall be provided to him on payment of prescribed fee
Shall be in two parts- I🡪Rights over holding and encumbrances on holding
II🡪 rights over holding and the recovery of land revenue with respect of holding+
encumbrances on the holding and shall conatain:-
● Entries of khasra/fieldbook pertaining to holding of bhumiswamy as may be
prescribed
● Particulars🡪 recovery of land revenue/government loans/non-government
loans with respect of such holdings
● Other prescribed particulars
If any conflict between entry in the fieldbook/ khasra and the Kisan Kitab- Tehsildar , may
decide the same- either on application or his own motion or application made in behalf of
someone.
S.115- Correction of wrong entry in khasra and any other land records by superior
office-tehsildar may direct necessary changes to be made there in red ink after making such
enquiry from the person a he may deem fit after due written notice.
Section 116 - Disputes regarding entry in khasra or any other land records- If person
aggrieved by any entry made in the land records made u/s 114 with respect to matter except
these in S.108-he shall apply to the Tehsiladar for it’s correction- within one year of date of
such entry-Tehsildar after making such enquiry pass necessary orders.
4. Nistar Patrak
What is Nistar Patrak?
Who knows?

Matters to be provided for in Nistar patrak

(a) terms and conditions on which GRAZING OF CATTLE in the village will be
permitted
(b) the terms and conditions on which and the extent to which any resident may
obtain-wood, timber, fuel or any other forest produce, mooram, kankar, sand,
earth, clay, stones or any other minor mineral.
(c) instructions regulating a and b
(d) any other matter
Special Provisions for certain matters
Collector to make as far as possible provisions for
(a) ) free grazing of the cattle used for agriculture
(b) removal free of charge by the residents for their bona fide domestic consumption
of forest produce and minor minerals
(c) concessions granted to the village craftsman for removal of article in clause (b) for
their craft
Unoccupied land to be used collectively for:
(a) timber/fuel reserve
(b) pasture/grass bir/fodder reserve
(c) burial ground/cremation ground
(d) gaothan
(e) encamping ground
(f) threshing floor
(g) bazar
(h) skinning ground
(i) manure pits
(j) public purposes such as schools, play grounds, parks, road, lanes, drains.
(k) other purposes which may be prescribed for the exercise of right of Nistar
PROHIBITION OF CUTTING OF CERTAIN TREE
No tree shall be cut, felled, girdled or otherwise damaged:
(a) within 30 meters of water course/spring/tank
(b) 15 meters of center of road/cart track and 6 meters of footpath
(c) ) over an area covered by a grove within a radius of 30 metres of a sacred place
(d) area under plantation of tree species under Van mahotsav program or similar
(e) area set apart for an encamping ground, burial or burning ground, gothan,
threshing floor, bazar or abadi
(f) hilly and undulating ground
 cutting of trees only in the circumstances enumerated below:
(a) trees likely to cause any harm or damage to life and property.
(b) likelihood of pollution of drinking water
(c) trees are dead or dying.
(d) Removal likely to beautify or increase amenities in apublic place or place of
public utility
(e) Fruit bearing tree which have become sterile, dried tree.
(f) required to be cut for the growth of other plant/tree
(g) which are required to be cut in public interest
5. Section 242 - Wajib-ul-arz
Wajib-ul-arz or village administration paper- record of existing laws not expressly
provided by law- mentioned only through customs and usages- regarding rights and
liabilities of the estate.
Customs ascertained and recorded in each village in prescribed manner by Sub-
Divisional Officer- in prescribed manner with regard to:-
(a) ) the right to irrigation or right of way of other easement
(b) the right to fishing ;in any land or water not belonging to or controlled or managed
by the State
Customs to be ascertained and recorded in the Wajib-ul-ar:
(a) Right to irrigation;
(b) Rights of persons of other villages over the lands of the village
(c) Rights of way, village roads, paths, drains and the like
(d) Right to fishing;
(e) Other water-rights
(f) Rights of the villagers over the lands of other villages
Other easements include:
(a) Burial and cremation ground,
(b) Gaothan,
(c) Encamping-ground,
(d) Threshing-floor,
(e) Bazars,
(f) Skinning-grounds,
(g) Rights to graze and take fuel
(h) Manure and rubbish
(i)Other misc. rights
Procedure for ascertaining and recording the customs:
i. Sub-Divisional Officer examines Wajib-ul-arz prepared at the last settlement-
prepare draft of the Wajib-ul-arz incorporating the existing customs
 ii. Sub-Divisional officer publish the draft in the village along with a
proclamation-asking for claims and objections from the villagers- by specified
date-not more than 15 days after the date of proclamation- either objection to
any custom or desire for any custom to be recorded in it
iii. After the expiry of the last date for objections- he shall on a date to announced
by a beat of drum- make such enquiry in village as he may deem fit
iv. He shall then make a record of customs so ascertained-such records to be
shown as Wajib-ul-arz of the village.
v. After the Wajib-ul-arz is prepared- read out to the village or at suitable
centres-copy to be posted in the office of gram panchayat/gram sabha/ other
such suitable places.
Sub-Divisional Officer may, on the application of any person interested therein or on
his own motion, modify an entry or insert any new entry in the Wajib-ul-arz:
a. all persons interested in such entry wish to have it modified.
b. by a decree in a civil suit it has been declared to erroneous.
c. being founded on a decree/ order of a Civil Court/ on the order of a Revenue
Officer- not in accordance with such decree or order.
d. founded, such decree or order has subsequently been varied on appeal, revision or
review.
e. Civil Court has by a decree determined any custom existing in the village.
If any person aggrieved by an such record- within 1 year from date of publication-
institute a suit in the Civil court to have such record cancelled/modified-decision of civil
court final and conclusive.
6. Rights of Transfer-Section 165
Mortgage- No mortgage valid unless- bhumiswami has atleast 5 acres of irrigated or
10 acres of unirrigated land left with him free encumbrance or change.

USUFRUCTRARY MORTGAGE- valid only if it is for a period exceeding years

with a condition that mortgage shall be redeemed even without n without payment on
the expiry of the term mentioned in mortgaged deed.
Mortgagee shall re-deliver possession of mortgaged land to Bhumiswami.

Order of ejectment by Tahsildar- if mortgage does not hand over mortgaged land
after expiry of term- tehsiladar may order ejectment to trespasser.

Land held for non-agricultrual purpose : – No provisions of section S/165(2) shall

apply in case of mortgage of land held by a Bhumiswami for non-agricultural
purpose.

Interest on mortgage : Total interest- not exceed the sum of the principal amount
advanced by the mortgage.
RIGHT OF TRANSFER OF ABORIGINAL TRIBE: Land inhabited by abroginal
tribes not to be transferred by- i. sale or otherwise ii. as a consequence of transaction
of loan🡪 To a person not belonging to such tribe in areas specified in notification

Permission of Revenue officer to transfer: areas not notified by Government- land

inhabitated by such tribe is not transferable by sale or otherwise or as consequence of
transaction- to a person not belonging to such tribe- without permission of a Revenue
officer- not below the rank of Collector, after recording reason in writing.

Transfer to person not belonging to aboriginal tribe: Bhumiswami belonging to

Aboriginal Tribe Holding land excluding agricultural land- Not to be transferred to a
Person not belonging to Aboriginal Tribe- Without permission of Collector after
recording reason in writing- Provided every such transfer effected after9th June, 1980
but before 20th April, 1981- Shall be void; unless ratified by the Collector

Procedure for Ratification by Collector:

● Collector-in his own motion (anytime) /application made within 3years of
transfer- in prescribed format- may make inquiry as he may deem fit.
● After giving reasonable opportunity to be heard to the parties affected by such
transfer-either refuse or ratify by order, such transfer.

Factors to be considered by Collector:

The Collector shall give due regard to the following factors while ratifying and
refusing to ratify any such transfer –
1. Whether or not the person is resident of Scheduled area.
2. The purpose for which land is to be used after transfer.
3. Whether the transfer serves, or is likely to serve or prejudice the sociocultural and
economic interest of the residents of the Scheduled area
4. Whether the consideration paid is adequate or not.
5. Whether the transaction is spurious or benami
6. Other matters as may be prescribed under this Code or any othe law for time being
in force.
Decision of Collector shall be final. Immediately after the order of refusal grant
of permission, the transferee shall vacate and restore the possession the original
Bhumiswami.

Diversion of land transferred to person not belonging to this tribe:

Bhumiswami belonging to aboriginal tribe- Transfers land to any person not
belonging to the Aboriginal Tribe- Shall not be diverted before the expiry of TEN
YEARS from the date of such transfer.

7. Tenure holders (Bhumiswami) S. 158

Section 157 - Class of tenure
There shall be only one class of tenure-holders of land held from the State to be
known as bhumiswami.

Section 159 - Land revenue payable by bhumiswami

Every person becoming a bhumiswami under Section 158 shall pay as land
revenue- – (a) if he was paying land revenue in respect of the lands held by him-
such land revenue; or
– (b) if he was paying rent in respect of the lands held by himan amount equal to
such rent.

Section 161 - Reduction of revenue during the currency of settlement

Any time during the currency of the settlement- Collector may, in accordance
with such rules as may be made in this behalf- application of a bhumiswami or of
his own motion- reduce the revenue in respect of any land on any of the following
grounds.
a. the land has been wholly or foe partially rendered unfit for cultivation in
consequence of floods or other cause beyond the control of such bhumiswami.
b. any irrigation source(new/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.
c. 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.
d. 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.
e. area of the holding of such bhumiswami has decreased for any reason
below the area on which the existing land revenue was assessed.
(2) any reduction is ordered under sub-section (1) shall take effect from the
commencement of the revenue year next following the date of the order.
(3) cause for which revenue has been reduced under sub-section (1) subsequently
ceases or is removed, the Collector may, after giving the bhumiswami opportunity
of being heard, make an order directing that such reduction shall cease to be in
force 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 164 – Devolution
Subject to his personal law the interest of bhumiswami shall, on his death, pass by
– inheritance, (the assets that an individual bequeaths to their loved ones after they
pass away)
– survivorship (he right of a surviving owner or owners of property held as under
joint tenancy to undivided ownership upon the death of either or any of them.) or
– bequest,( the act of giving or leaving something by will) as the case may be
REVENUE SURVEY

- Section 66 - Definition of Revenue Survey -- all or any of the operations pertaining to

1. the division of land into survey numbers and grouping them into villages,
2. recognition of existing survey numbers,
3. reconstitution thereof or forming new survey numbers
4. soil classification;
5. preparation or, as the case may be, revision or correction of field map;
6. preparation of record of rights, in order to bring the land records up to-date in any local,
over area; are called a revenue survey.
- Section 62 - Appointment of Settlement Commissioner– The State Government may appoint
a Settlement Commissioner who shall, subject to the control of the State Government,
control the operation of the revenue survey and/or settlement.
- Process of Revenue Survey
1. Notification of proposed revenue survey:
- Section 67
- Whenever the State Government decides that a revenue survey should be made
of any local area, it shall publish a notification and such local area shall be held
to be under such survey from the date of such notification until the issue of a
notification declaring the operation to be closed.
2. Formation of survey numbers and villages
- Section 68
- the Settlement Officer under this stage -
1. takes measurement of the land to which the revenue survey extends
2. divides such lands into survey numbers
3. group the survey numbers into villages; and
4. recognizes existing survey numbers / reconstitutes survey numbers / form
new survey numbers
3. Entry of survey numbers and subdivisions in records
- Section 71
- The area and assessment of survey numbers and sub-divisions of survey
numbers shall be entered in such records as may be prescribed.
4. Determination of abadi of village
- Section 72
- In case of every inhabited village
- The settlement officer shall ascertain and determine, with due regard to rights in
lands
- the area to be reserved for the residence of the inhabitants or for purposes
ancillary thereto,
- and such area shall be deemed to be the abadi of the village.
5. Grouping of villages
- Section 74
 - The villages of each district or tahsil or part of a district or tahsil comprised in
the area under revenue survey shall be formed into groups
- in forming such group regard shall be had to physical features, agricultural and
economic conditions and trade facilities and communications.

DEMARCATION, SETTLEMENT, AND ASSESSMENT RATES

Section 69 - Separate demarcation of land diverted or specially assigned

- when any portion of agricultural land is diverted to any non-agricultural purpose, or

- when any portion of land is specially assigned or
- when any assessment is altered on any portion of land,
- the' Settlement Officer may make such portion into a separate survey number or sub-
division of a survey number.
Section 75 - Definition of Settlement. –

- The result of the operations of revenue survey in order to determine or revise the land
revenue payable on lands in any local area are called "settlement"
- the period during which the revised land revenue shall be in force is called the term of
Settlement.
Section 77 - Fixation of assessment rates

- On completing the necessary inquiries the Settlement Officer shall forward to the State
Government his proposals for assessment rates for different classes of land
- The State Government may approve the assessment rates with such modifications as it may
deem fit.
Section 80 - All lands liable to assessment

- The Settlement Officer shall have the power to make fair assessment on all lands what-so-
ever to which the Settlement extends whether such lands are liable to the payment of land
revenue or not.
Section 81 - Principles of assessment

- The fair assessment of all lands shall be calculated in accordance with the principles and
restrictions set forth in the section.
1. No regard shall be had to any claim to hold land on privileged terms.
2. Regard shall be had in the case of agricultural land –
a) to the profits of agriculture,
b) to the consideration paid for leases
c) to the sale prices of land and
d) to the principal moneys on mortgages
3. in the case of non-agricultural land –
a) to the value of the land for the purpose for which it is held.
“Inquiry into the profits of agriculture and into the value of land used for agricultural and non-
agricultural purposes.”

For determining the profits of agriculture following elements shall be taken into account –
 (a) the depreciation of stock and buildings;
(b) the money equivalent to the cultivator's and his family's labour and supervision;
(c) all other expenses usually incurred in cultivation on the land which is under inquiry; and
(d) interest on the cost of buildings and stock and on expenditure for seed and manure, and on
cost of agricultural operations paid for in cash.

82. Announcement of Settlement. –

- When the assessment of any land has been fixed

- notice to be given called as the announcement of the settlement.
- The assessment of any land, as announced under this section, shall be the land revenue
payable annually on such land during the term of the settlement unless it is modified
83. Introduction of Settlement (Commencement) –

- The term of a settlement shall commence from the beginning of the revenue year next
following the date of announcement or
- from the expiry of the previous term of settlement
- whichever is later
85. Term of settlement –

- The term of settlement shall be fixed by the State Government and

- shall not be less than thirty years 
- Normal Places / Everywhere - shall not be less than thirty years
- may be less than THIRTY years but not less than TWENTY years area where –
1. there is ample scope for extension of cultivation or
2. for agricultural development or
3. where the pitch of rents is unduly low or
4. where there has been a rapid development of resources owing to construction of roads,
railways or canals

REINSTATEMENT OF BHUMISWAMI IMPROPERLY DISPOSSESSED

Section 250 - Reinstatement of Bhumi swami improperly dispossessed

- Bhumi swami shall include occupancy tenant and Government lessee.

- If a Bhumi swami is dispossessed of the land otherwise than in due course of law or if any
person unauthorisedly continues in possession of any land of the Bhoomi swami to the use
of which such person has ceased to be entitled
- the Bhumi swami or his successor in-interest may apply to the Tahsildar for restoration of
the possession
a) in case of Bhumi swami belonging to a tribe which has been declared to be an aboriginal
tribe under sub-section (6)of Section 165-
(i) before the 1st July, 1978 in cases of unauthorised dispossession prior to the 1st
July, 1976; and
 (ii) in any other cases within five years from the date of dispossession or from the
date on which the possession of such person becomes unauthorised, as the case
may be;
b) in case of a bhumiswami not covered by clause (a), within two years from the date of
dispossession or from the date on which possession of such person becomes
unauthorised, as the case may be.

- The Tahsildar shall on coming to know that a Bhumi swami has been dispossessed of his land
otherwise than in due course of law, suo motu start proceedings under this section.

- (2) The Tahsildar shall, after making an enquiry into the respective claims of the parties,
decide the application and when he orders the restoration of the possession to the Bhumi
swami, put him in possession of the land.

- The proceedings started under this section shall after receipt of reply from the other party,
continue from day to day unless for reasons to be recorded in writing a longer adjournment
is considered necessary and in that case a copy of the order sheet containing the reasons for
such adjournment shall be sent to the Collector.

- The Tahsildar may at any stage of the enquiry pass an interim order for handing over the
possession of the land to the Bhumi swami, occupancy tenant or Government lessee, as the
case may be, if he finds that he was dispossessed by the opposite party within six months
prior to the submission of the application or commencement of suo motu proceedings under
this section. In such case the opposite party shall, if necessary, be ejected under orders of
the Tahsildar

- When an interim order has been passed the opposite party may be required by the Tahsildar
to execute a bond for such sum as the Tahsildar may deem fit for abstaining from taking
possession of land until the final order is passed by the Tahsildar.

- If the person executing a bond is found to have entered into or taken possession of the land
in contravention of the bond, the Tahsildar may forfeit the bond in whole or in part and may
recover such amount as an arrear of land revenue.

- If the order passed under sub-section (2) is in favour of the applicant the Tahsildar shall also
award compensation to be paid to the applicant by the opposite party which shall be at the
prorata rate of [one thousand rupees] per hectare per year.

- The compensation awarded under this section shall be recoverable as an arrear of land
revenue.

- When an order has been passed under sub-section (2) for the restoration of the possession
to the Bhumi swami the Tahsildar may require the opposite party to execute a bond for such
sum as the Tahsildar may deem fit for abstaining from taking possession of the land in
contravention of the order.
 - Where an order has been passed under sub-section (2) for the restoration of the possession
of the Bhumi swami, the opposite party shall also be liable to fine which may extend to [ten
thousand rupees]:
Provided that it shall not be competent to the Tahsildar to impose a fine of amount
exceeding [five thousand rupees] but if in any case he considers that circumstances of the
case warrant imposition of a higher fine, he may refer the case to the Sub-Divisional Officer
who shall, after giving the party concerned an opportunity of being heard, pass such orders
in respect of fine as he may deem fit.

INGREDIENTS:

hold the disputed land

(i) That the person seeking relief must in Bhumi swami rights.
(ii) That the identity of the disputed land must be clearly established.
(iii) That the date of dispossession should be proved beyond doubt.
Reinstatement and restoration of Possession

- Asgar Ali Vs. Amna Bai, 2011 AMACJ 124:

The respondent had failed to prove the factum of forcible dispossession by the petitioner
when and in what manner the respondent was dispossessed and the property in dispute is
Bhumi swami land. On the contrary, as per her own evidence, the respondent herself
constructed the house over the suit land and gave its possession to the petitioner about 15
years ago. So for as property in dispute is concerned, which is house property. Section 250 of
Madhya Pradesh Land Revenue Code, 1959 has no application and the petitioners remedy
lies in filing of civil suit.

No order of restoration of possession:

- Gagraj singh Vs. Ram Singh & ors 2006 RN 218

On the basis of demarcation report, filed map, field book and statement of Patwari, the
plaintiff has utterly failed to prove that disputed land in question forms part of his survey. It
was held that where plaintiff did not prove his Bhumi swami right over the disputed land, no
case for restoration of possession is made out.
Jurisdiction of Civil Courts

- State of M.P. Vs. M/s Jiwari land Dev Corp, 2009 RN 363
Civil suit filed on the basis of declaration of title. Revenue Court cannot decide the title of
the parties concerned. The title suit can only be filed before the Civil Courts. Whatever order
passed in the proceeding under section 250 of the Code, the Civil suit is not barred under the
provisions of Section 257 (x) of the Code
Non-availability of remedy of under Section 9 of SpecificRelief Act

- Natha Vs. Dibande Huussain AIR 1967 MP 14 (DB)

The remedy of the suit under section 9 of the Specific Relief Act for obtaining possession of
an agricultural land is not available to a Bhumiswami who has been dispossessed from that
 land. Such a Bhumiswami, if he wishes to have the land restored to him in a speedy manner
and after a summary enquiry, must report to the remedy given by Section 250 of the Code.

CHHATTISGARH RENT CONTROL ACT, 2011

MODULE 3 - INTRODUCTION TO RENT LAW AND CONCEPTS

Introduction

- Rent Control = practice of imposing a maximum ceiling on the rent in a particular locality
- Prevents landlords from charging exorbitant rents and evicting tenants at will
History –

- Rent Controls were introduced in early 1900s - in US and some other parts of the world – to
check uninhibited rent increases and tenant eviction during wartime housing emergencies
- After World War II - sudden increase in the demand for rentable housing from soldiers
returning home
- With industrialization and urbanization - increase in rural-urban migrations
- Hence, need for rent controls act - Rent Control Acts (RCAs), under various names were
introduced in many countries called the first generation rent controls.
- Those introduced later were called the second generation rent controls or soft rent controls.
India –

- First rent control legislation - introduced immediately after the First World War in Bombay
in1918.
- Followed by similar legislations for Calcutta and Rangoon in 1920.
- By the end of the Second World War almost all the major cities and towns in the countries
had it.
- All were purely temporary measures to provide-
1. relief to the tenants against the demand of exorbitant rent
2. indiscriminate eviction by the landlords due to scarcity of houses in the urban areas

- TPA, 1882 was the first step towards curtailing the concept of free contractual tenancies
- Before 1882 - landlord-tenant relationship was contractual in nature.
- After 1882 - the concept of contractual letting was preserved to a large extent under TPA.
- Chapter V of TPA provided for the law of leases which continued to govern the landlord-
tenant relationship in different areas till the year 1939.
- It was the general law applicable to landlords and tenants
- but could not resolve all issues related to tenancy rights, scarcity of accommodation i.e.,
Shortage of housing, etc therefore the need of having Rent control legislation came into
being.
Advantages and Disadvantages of Rent Control

Disadvantages:

- reduces the supply of decent housing, as landlords would rather convert a building to
condos or adapt it to commercial use than abide by a law that limits their profits
- Investment in new rental housing screeches to a halt
- Maintenance of buildings under rent control is lax or non-existent because of the poor
return on investment for landlords
Advantages –

- Rental prices in many cities are rising far faster than wages for moderate-income jobs
- Rent control may enable moderate-income families and people on fixed incomes to live
decently and without fear of a personally catastrophic rent hike
- Neighbourhoods are safer and more stable with a base of long-term residents in rent-
controlled apartments
Objectives –

- “An Act to provide for adjudication of matters relating to rent by a Tribunal and to promote
leasing of accommodation by balancing the interests of landlords and tenants.”
- to protect the tenants from frivolous evictions.
- protects the legal right to property of Landlords
- landlord has a common law right to evict the tenant either on the termination of the
tenancy by efflux of time or for default in payment of rent or other grounds after giving
notice under the Act - This broad right has been curtailed by the cg Rent Control Act with a
view give protection to tenants
- The two main objects of the CG Rent Control Act are: 1. To give tenant fair rents and
protection from the unreasonable eviction. 2. To ensure fair return to landlords and giving
them right of eviction for limited purpose.
- The CG Rent control act is a composite legislation - restricts the right of the landlords to evict
the tenants at their will - thus both beneficial and restrictive in nature.
- The SC felt that the courts art therefore, under a legal compulsion to harmoniously read the
provision of the Act so as to balance the rights of the landlord and the obligations of the two
towards each other.
Purpose –

- The protection to tenants against indiscriminate eviction by unscrupulous landlords.

- Eviction of a tenant who misuses any rented premises or defaults in payment of
- Eviction of a tenant may also take place when the landlord himself requires the premises for
his bona-fide use.
- The essence of ubi jus ibi remedium - demands if the tenant has a protection against
unlawful eviction, then the landlord must also be entitled for recovery of possession on
certain grounds.
- The law has to be balanced for both the parties as the sanctity of the landlord tenant
relationship is at stake.
- The statutory grounds for eviction are to be carefully drafted so that both the sides are
equally placed.
- Law must not favour either the landlords or the tenants.

Extent –
 - shall extent in first instance to such of the Municipal areas which are comprising the Distict
Headquarters in the State
- and later on, to such or other Municipal areas or any areas within the state as the State
Government may, by Notification in the Official Gazelle, specify from time to time.

Definitions

Accommodation

- Section 2(1)
- means any building or part of a building,
- whether residential or non-residential,
- leased out by the landlord to the tenant
- includes open space, staircase, grounds, garden, garage and all facilities and amenities
forming part of the agreement between them of any land
- which is not being used for agricultural purposes
Agreement

- Section 2(2)
- means the written agreement
- executed by the landlord and the tenant
District

- Section 2(3)
- means the district as construed in Chhattisgarh Land Revenue Code, 1959
Habitual Defaulter

- Section 2(4)
- means a tenant who fails
- in a period of 12 months on three or more occasions
- to pay in full the rent and all dues to the landlord on the due date
- in accordance with the agreement
Landlord

- Section 2(5)
- means a person who for the time being is receiving or is entitled to receive,
- the rent of any accommodation,
- whether on his own account (Lessee) or
- on account of or on behalf of or for the benefit of any other person (Agent) or
- as a trustee, guardian or receiver for any other person or
- who would so receive the rent or to be entitled to receive the rent, if the accommodations
were let to a tenant
The definition of "landlord" is inclusive in the sense that it is extended to "agent" or “lessee"
also. definition of "landlord" otherwise refers to the owner of building or a lessee of the building,
who inducts a person as tenant and, therefore, rent is payable to such a person, namely, the
owner or lessee (principal).

The term "rent payable" means, as a matter of legal right, one can enforce his claim for
realization of rent from tenant. The term “payable" means payable in law.
 "Payable" means someone who, in law, has right to receive, and can enforce such right. Such a
right undoubtedly shall vest in the owner of building or co-owner of building.

Rent

- Section 2(9)
- means the consideration payable by the tenant to the landlord against an accommodation
The term 'Rent is defined as payment of money by the tenant to the landlord in consideration
for a allowing the former to occupy a house or a portion of a land or building for commercial or
personal use.

The person who is not the actual owners of the premises which he occupies and who pays
money to guarantee his right of residence or commercial use is called the tenant while the real
owner who receives consideration for renting out his premises is known as the landlord

Section 105 of the Transfer of Property Act which defines lease also defines it - any payment by
the lessee that is part of the consideration of the lease is rent.

Tenant 

- Section 2(14)
- person by whom or on whose account or behalf rent is, or but for, a contract express or
implied, would be payable for any accommodation to his landlord including the person who
is continuing its possession after the termination of his tenancy otherwise than by an order
or decree for eviction passed under the provisions of this Act
- in the event of death of the tenant
(a) in case of accommodation let out for residential purposes - his surviving spouse, son,
daughter, mother and father who had been ordinarily residing with him in such
accommodation as member of his family up to his death;
(b) in case of accommodation let out for commercial or business purposes - his surviving
spouse, son, daughter, mother and father who had been ordinarily carrying on business with
him in such accommodation as member of his family up to his death.
- legal representatives of a person who continued in possession after the termination of his
tenancy were entitled to inherit his tenancy and the statutory protection against eviction,
etc. attached to it. CAN BE called lessee or by any other name includes any person occupying
the premises as a sub-tenant
Eviction

- not defined under the act

- has been derived from a Latin word 'evincere' - means to dispossess by a judicial process, or
in the course of legal proceedings
- Eviction is the removal of a tenant from possession of premises in which he or she resides.
- It can be done by a landlord either by re-entry upon the premises or
- through a court action.
- Eviction may be in the form of a physical removal of a person from the premises or
- by disrupting the services and amenities - known as constructive eviction.
Tenancy –

- not defined under the act

- a relationship of landlord and tenant between the parties constitute a tenancy.
- The relationship involves four elements:
1. Landlord or lessor
 2. Tenant or lessee
3. Payment of rent, and
4. Transfer of interest in the premises.

Exemptions

- Section 3
- Nothing in this Act shall apply to-
(1) Any accommodation belonging to or owned by any department of Government and/or
Board and/or Corporation promoted by and/or owned by the Government.
(2) Any other building and/or category of building(s) specifically exempted in public interest
by the Government through notification.

Tenancy Agreement and Rent Agreement

- Section 4
- after the commencement of this Act - no person shall, let or take on rent any
accommodation except by an agreement in writing.
- tenancy created before the commencement of this Act –
(a) an agreement in writing was already entered into - shall be filed before the Rent
Controller.
(b) no agreement in writing was entered into - the landlord and the tenant shall enter into
an agreement in writing with regard to that tenancy and file the same before the Rent
Controller
Rent to be as agreed

- Section 5
- The rent payable for any accommodation shall, subject to other provisions of this Act, be
such as may be agreed upon between the landlord and the tenant
- it shall not include the charges payable for amenities which may be agreed upon separately;
and shall be payable accordingly.
- Unless agreed otherwise every tenant shall pay the rent by the fifteenth day of the month
next following the month for which the rent is payable.

Constitution, Powers, and functions of Rent Control Tribunal

- RCT, and not any other Civil Court, shall have the jurisdiction to hear and conclude an
application regarding rental disputes between a tenant and an owner.
- The former, to discharge its function under the CGRCA, will have the same powers as
bestowed upon a Civil Court by the Code of Civil Procedure, 1908.
- Matters regarding the question of ownership and the title of premises shall be beyond the
jurisdiction of a Rent Court.
Need for RCT?

- The Indian rental housing market needs a speedy and transparent grievance redressal
system to encourage more homeowners to let out their properties and to reduce the
apprehensions of tenants with regards to unfair evictions and arbitrary rental hikes.
- The RCT, is also crucial to achieving the Central Government’s ‘Housing for All’ by 2022
mission, since the presence of the said Court may encourage more owners to put their
properties out for rent, thus increasing the supply of the same.
- Purchasing a home continues to be a massive challenge for many in urban India, and
therefore, renting a home is vital to meet the demand for housing.
- As per a report by the Green Rating for Integrated Habitat Assessment Council (GRIHA),
there was a shortage of urban housing within India to the tune of 18.78million units in 2018.
Since the construction of the required units is challenging due to land scarcity issues, rental
housing presents an economically feasible resolution. A Rent Court is also increasingly
important in the current context of theCOVID-19 outbreak in the country
- With the ongoing economic slowdown reducing the ability of many tenants to pay rent,
several State governments declared rent relief measures to look out for the interests of
tenants and put a period on the rental incomes of property owners.
- However, not all landlords can afford rental waivers or deferrals, especially some senior
citizens whose survival largely depends on rental income.
- Therefore, at the intersection of real estate and an economic slowdown, as landlords and
tenants struggle with the financial fallout of delayed or no rent, a Rent CT provides a
glimmer of hope through its robust grievance redressal mechanism, by aiming to settle
disputes in a time bound manner.
Constitution of the Rent Control Tribunal

- Section 6
(1) The State Government shall by notification constitute, within thirty days of this Act, a Tribunal
in terms of Article 323-B of the Constitution, to be called as Chhattisgarh Rent Control Tribunal,

- to give effect to the provisions of this Act, and

- for the adjudication or trial of any disputes, complaints, or offences with respect to rent, its
regulation and control and
- tenancy issues including the rights, title and obligations of landlords and tenants.
Explanation. - Matters relating to transfer of property and/or disputes regarding title over any
property shall continue to be considered under relevant laws by the courts of law.

(2) The State Government shall appoint the Chairman of the Rent Control Tribunal,

- a retired Judge of the High Court or

- serving or retired District Judge not below the rank of Super Time Scale.
(3) The Tribunal shall have such members with such qualification, as the State Government may
prescribe.

(4) The State Government shall appoint an officer as the Registrar of the Tribunal, who shall

- not be below the cadre of Civil Judge Class-I or

- the rank of Deputy Secretary to the State Government.

(5) From the date, the Tribunal becomes functional, which date shall be published in the State
Gazette, the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Article136
and High Courts under Articles 226 and 227 of the Constitution, shall stand excluded in respect of
all matters falling within the jurisdiction of the Tribunal

(6) The Tribunal shall have its headquarters at Raipur and the State Government may, by
notification, fix such other places for hearing of matters by the Tribunal, as it deems fit.

(7) The terms and conditions of the service of the Chairman and members of the Tribunal shall be
such as may be prescribed by the State Government.

- Section 8
Powers and functions of Rent Control Tribunal

(a) Enabling and ensuring the active existence of Rent Controller(s) at all times for due fulfilment of
the purposes of this Act.

(b) Functioning as Appellate Authority, to consider applications of all person(s) aggrieved by any
order of the Rent Controller.

Explanation. - The Rent Control Tribunal shall exercise such powers as was exercised by the High
Court in adjudicating matters under the repealed Act. The Rent Control Tribunal shall have powers to
punish for contempt of its authority, as if it were a High Court.

Rent Controller

- Section 7
Establishment of Rent Controller. –

(1) For every district,

● the State Government shall appoint one or more officers
● not below the rank of a Deputy Collector, as Rent Controller
● with territorial jurisdiction as to be specified by the District Collector.
(2) Rent Controller shall be subordinate to the Rent Control Tribunal.
- Section 9
Powers & Functions

(a) Reconciling dispute(s) between landlord and tenant.

(b) Securing the rights of landlords and tenants as available to them under this Act.
(c) Enforcing the obligations enjoyed upon landlords and tenants under this Act.
(2) All proceedings before the Rent Controller shall ordinarily conclude within six months from the
date of first appearance of the respondent in response to the summons issued for his appearance in
the case or from the date on which the respondent is set ex-parte.

Section 10 - Procedure to be followed by Rent Controller(s) and Rent Control

Tribunal

- -Section 10
 (1) The Rent Controller and the Rent Control Tribunal shall not be bound by the procedure laid
down by the Code of Civil Procedure, 1908
- shall have powers to regulate their own procedure, and
- for the purpose of discharging their functions under this Act they shall have the same
powers as are vested in CPC while trying a suit or an appeal that are–
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) reviewing its decision;
(d) issuing commissions for the examination of witnesses or documents;
(e) dismissing petition for default or deciding it exparte
(f) setting aside any order of dismissal of any petition for default or any order passed by its
ex-parte;
(g) bringing legal representatives on record; and(h) any other matter as may be prescribed.

(2) Rent Control Tribunal shall not grant any adjournment without written application and
recording the reasons therefor in writing.

Execution of the Order

- Section 11
(1) The Rent Controller shall, on application of any party, execute a final order or any other order
passed under this Act by adopting any one or more of the following modes, namely:

(a) attachment and sale of the movable or immovable property of the opposite party;
(b) arrest and detention of the opposite party;
(c) attachment of any one or more bank accounts of the opposite party and satisfaction of the
amount of order to be paid from such account;
(d) attachment of salary and allowance of a Government Servant or employee of any Nationalized
Bank, Local Authority, Corporation, Government Company;
(e) appointing any advocate as Commissioner on such remuneration as may be fixed or deputing
any officer of the Tribunal or local administration or local body for execution of the order;
(f) delivery of possession of the premises to the applicant.
(2) The Controller may, in order to execute the final order or any other order passed under this Act
require the help from the local administration or local body or the police.

(3) If the tenant does not vacate the premises - within three months of the date of issue of
certificate for recovery of the possession - he shall be liable - from the date of issue of certificate for
recovery of possession to pay mesne profits at the rate of

- 2 times the rent in case of accommodations let out for residential purposes,
- at the rate of 3 times the rent in case of accommodations let out for commercial purposes
and
- at the rate of 3 times the rent in case certificate for recovery of immediate possession has
been issued.
(The principle behind mesne profits is that a trespasser is not allowed to use another person's land
without compensating the landowner. The landowner does not need to have suffered any loss. The
amount of mesne profits for which the trespasser is liable is the amount equivalent to the ordinary
letting value of the property.)

(4) The Rent Controller shall conduct the execution proceedings in relation to a final order or any
other order passed under this Act in summary manner and dispose of the application for execution
made under this section within forty-five days from the date of service of notice on opposite party.

Explanation. - Filing of an appeal or other proceeding against the order of issue of certificate for
recovery of possession or immediate possession will not save the tenant from his liability to pay
mesne-profits.

Rights and Obligations of Landlords and Tenants

- Section 12
(1) Every tenant shall have rights according to Schedule 1. The Tribunal and Rent Controller(s) shall
act at all times to secure to the tenant these rights.

(2) Every landlord shall have rights according to Schedule 2. The Tribunal and Rent Controller shall
act at all times to secure to the landlord these rights:

- Provided that-
(a) In case of any clash of interests of the landlord and the tenant, and/or any point of
doubt in respect of matters relating to rent, the benefit thereof shall be granted to the
tenant.
(b) In case of any clash of interests of the landlord and the tenant, and/or any point of
doubt in respect of matters relating to returning possession of the accommodation to
the tenant, benefit thereof shall be granted to the landlord.
(3) Every landlord shall have obligations according to Schedule 3. The Tribunal and Rent
Controller(s) shall act at all times to enforce upon the landlord these obligations.

(4) Every tenant shall have obligations according to Schedule 4. The Tribunal and Rent Controller(s)
shall act at all times to enforce upon the tenant these obligations.

(5) Any wilful attempt or act by the landlord to undermine or deny to the tenant the rights
available to him in terms of Schedule 1 shall constitute an offence under this Act, punishable with
fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or
both.

(6) Any wilful attempt or act by the tenant to undermine or deny to the landlord the rights
available to him in terms of Schedule 2 shall constitute an offence under this Act, punishable with
fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or
both.

(7) Any attempt by the landlord to neglect for unsubstantial and/or insufficient reasons the
obligations enjoined upon him in terms of Schedule 3 shall constitute an offence under this Act,
punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding
three months or both.
(8) Any attempt by the tenant to neglect for unsubstantial and/or insufficient reasons the
obligations enjoined upon him in terms of Schedule 4 shall constituted an offence under this Act,
punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding
three months or both.

Principles of adjudication

(a) In case of any clash of interests of the landlord and the tenant, and/or any point of doubt in
respect of matters relating to RENT, the benefit thereof shall be granted to the tenant.
(b) In case of any clash of interests of the landlord and the tenant, and/or any point of doubt in
respect of matters relating to returning POSSESSION of the accommodation to the tenant,
benefit thereof shall be granted to the landlord.

- Section 13
Appeal

(1) Notwithstanding anything to the contrary contained in this Act, a landlord and/or tenant
aggrieved by any order of the Rent Controller shall have the right to appeal in the prescribed
manner within the prescribed time to the Rent Control Tribunal.
(2) Appeal against an order of the Rent Control Tribunal shall lie with the Supreme Court

Section 13(2) unconstitutional

- Item 77 of the Union list gives power to the Parliament to legislate on Constitution,
organisation, jurisdiction and powers of the Supreme Court (including contempt of such
Court)
- whereas item 64 of the State list empowers the state to legislate on jurisdiction and powers
of all courts, except the Supreme Court, with respect to any of the matters in this list
- The Supreme Court has held that a State Legislature cannot enact a law providing an appeal
directly to the Supreme Court of India.
- same is totally illegal, ultra vires the Constitution and beyond the scope of the powers of the
State Legislature.
- Rajendra Diwan Vs. Pradeep Kumar Ranibala –
A bare reading of Entry 65 clearly indicates that the State Legislature has no power to enact
any legislation relating to jurisdiction and power of the Supreme Court. This power is
specifically excluded.
Even Entry 46 makes it clear that as far as the jurisdictional powers of the Supreme Court are
concerned, they cannot be exercised under the Concurrent List.
Therefore, the powers with regard to jurisdiction and power of the Supreme Court vest with
the Union and Parliament alone can enact a legislation in this regard. The power of the
Supreme Court under Article 136 is always there.
However, the State cannot enact a legislation providing an appeal directly to the Supreme
Court. That would amount to entrenching upon the jurisdiction of the Union, which the State
Legislature does not have. We are constrained to observe that the men who drafted the Act
did not even consider the hierarchy of Courts.
As pointed above, the Rent Control Tribunal is headed by a retired Judge of the High Court
or District Judge in the Super Time Scale or above. What was the rationale of making such an
order appealable directly to the Supreme Court? We see no reason why the supervisory
jurisdiction of the High Court should be excluded.

Schedule 1

Tenant's Rights available under the Act See Section 12 (1)

1. Right to receive, at the commencement of tenancy, a copy of the agreement.
2. Right to receive receipt against payments made to the landlord, either by way of
security deposit, rent or any other.
3. Right to receive accommodation in a good and tenantable state before occupation.
4. Right to enjoy quiet possession of the accommodation, subject to regular payment
of rent, and subject to use of the accommodation for the purpose(s) for which it was
leased. – Provided in the event of death or mental in capacitation of the tenant, his
widow/wife shall automatically be deemed to be the tenant, subject to her
endorsing, through a supplemental agreement, to take upon herself, the rights and
obligations contained in the agreement executed by her husband. Right to all
facilities and amenities forming part of the accommodation, in a working and
functional manner.
5. Right to routine annual upkeep and face lift of the accommodation by the landlord,
or right to get the annual upkeep work done against reimbursement of actual
expenses by the landlord, subject to such reimbursement not exceeding one
month's rent after every block of eleven months of occupancy.
6. Guarantee against any wilful cutting off of essential supplies like water and
electricity by the landlord or his agent(s).
7. Security of tenancy, subject to non-impingement upon the rights of the landlords
included in Schedule 2.

Schedule 2

Landlord's Rights available under 12(2)

1. Security of title over accommodation, irrespective of the period of the tenant's tenancy.
2. Right to demand and receive security deposit for an amount not exceeding three
months’ rent.
3. Right to receive rent regularly on or before the due date, in the manner agreed to in the
agreement.
4. Right to receive annual increment in rent according to the Agreement, which rate shall
not exceed 5% in cases where monthly rent is Rs. 2000/- or less; and 10% in all other
cases.
5. Right to demand and receive amounts corresponding to any increase in the cost of
utilities like electricity, water, etc. enjoyed by the tenant.
6. Right to inspect the accommodation during daytime, with prior appointment of the
tenant, in the presence of the tenant or any male adult member of his family, known to
reside with him.
7. Right to add and/or improve and/or expand accommodation and/or increase amenities.
Provided, however, that if the addition/expansion was done without concurrence of the
tenant, the landlord shall not have right to enforce increased rent.
8. Right to undertake routine annual upkeep of the accommodation at a time suitable to
him, or, to allow to the tenant the option to do the routine annual upkeep of the
accommodation, against reimbursement of expenses, subject to such reimbursement
not exceeding one month's rent.
9. Right to make application to the Rent Controller seeking revision in rent and/or security
deposit at any point of time on justifiable and substantial grounds.
10. Right to apply to the Rent Controller seeking fair compensation from the tenant for
damages caused to the accommodation, wilfully, negligently, or otherwise attributable
to the tenant.
11. Right to seek from the Rent Controller eviction of the tenant on the following grounds:
a) If the tenant is a habitual defaulter in payment of rent and/or other dues.
b) If the tenant causes, or allows to be caused, substantial damage to the
accommodation, for any reason whatsoever.
c) If the tenant uses the accommodation for purpose(s) other than that for which it
was leased out.
d) If the tenant becomes a social nuisance.
e) If the tenant is convicted under any section of the Indian Penal Code.
f) For carrying out major renovation work which is not possible with the tenant housed
in.
g) On 3 months’ notice to the tenant in writing, if the accommodation is required for
own occupation and/or occupation by any member of the family including spouse,
parent(s), son(s), daughter, daughter(s)-in-law, son(s)-in-law.
h) On 6 months’ notice to the tenant in writing, without any obligation to assign any
reason, but on the condition that the accommodation will not be leased out at a
higher rent for at least 12 months thereafter:
Provided, however, that in case of the following special categories of landlords and/or
their spouse desiring the accommodation back for own use, the period of notice shall be
one month: current or retired government servants, widows, personnel of the armed
forces, persons coming to physical or mental handicap, and senior citizens (above the
age of 65 years).

12. Right to receive back the accommodation at the end of the tenancy in a shape and
condition as good as it was at the start of tenancy, granting allowance for reasonable
weathering and aging.

Schedule 3

Landlord's obligations under the Act

1. To admit a tenant only after executing agreement, duly notarized, as required under this
Act.
2. To file Information on [such proforma as may be prescribed] before the local Police
Station within 7 days of admitting the tenant.
3. To give proper receipt to the tenant against all payments received.
4. To allow the tenant quiet enjoyment of the accommodation and all rights included in
Schedule 1, so long as he fulfils his obligations set forth in Schedule 4.
5. To keep the accommodation and premises in a state of good and tenantable repair at all
times.
6. To dovetail the system for disposal of domestic garbage to the system designed by the
civic body and to explain the system clearly to the tenant at the start of tenancy.
7. To undertake with reasonable promptitude all major structural repairs attributable to
defects in construction and/or natural aging of the house.
8. To provide, wherever allowed by the State Electricity Board, a separate and exclusive
meter to record the electricity consumed by the tenant.
9. Never to wilfully cut off essential supplies like water and electricity to the
accommodation, or to cause such cut through another.
10. Never to exercise right to enter accommodation for inspection, in the absence of the
tenant or when only female member(s) of the family are present and are objecting to
such entry.
11. To undertake annual upkeep of the accommodation, or to allow the tenant to do so by
allowing him expenses on actual basis, subject to a maximum amount equal to one
month's rent.
12. Never to adopt or threaten to adopt extra-judicial methods for eviction to pressure the
tenant to vacate the accommodation.
13. To refund security deposit to the outgoing tenant before closure of tenancy.

Schedule 4

Tenant's obligations under the Act

1. To acknowledge at all times the title of the landlord over the accommodation, and to
respect and honour without demur his rights as set forth in Schedule-2.
2. To use the accommodation only for the purpose for which it was leased out to him.
3. Never to sub-let any portion of the accommodation, with or without monetary
considerations, formally or informally, with or without the permission of the landlord.
4. To protect and safeguard the accommodation, and all electrical, sanitary and other
fixtures forming part of the accommodation.
5. To attend to the minor, recurring replacements and repairs as may be necessary from
time to time, without expecting reimbursement from the landlord.
6. To keep the accommodation in a clean and hygienic state, and not to cause air, water
and/or noise pollution in or around the accommodation, in a manner that hurts peaceful
coexistence.
7. To dispose of garbage in accordance with the system designed by the municipality, and
in no case to litter it outside the accommodation and/or on to the road or other public
place.
8. To pay the security deposit, rent and other dues fully and regularly in the manner settled
with the landlord.
9. To compensate the landlord for any damage caused to the accommodation, wilfully or
otherwise, except for natural aging and/or weathering.
10. Never to become a social nuisance during currency of the tenancy.

Explanation. - 'Social nuisance' means doing or causing to be done any or all of the following
acts: drunken brawls, wife bashing, prostitution, habitual late-night noisy socializing and/or
otherwise creation of abnormal noise construed by the neighbourhood as disturbance,
spitting in common facilities like staircase, storage of any hazardous stuff, storage of any
stuff with offensive odor that fouls up the surrounding, or that abnormally invites pests,
littering of garbage and/or letting loose waste water, spoiling the environment by doing or
promoting defecation and/or any act that has a bad and damaging social effect on the
immediate neighbourhood.