Introduction :
Uttar Pradesh Revenue Code,2006 is a code applicable in Uttar Pradesh dealing with the matters related to land revenue, tenures, reforms, etc. This Act consists of 16 chapters, 234 Sections and 4 Schedules. It minimizes the procedural complications prevailing in old laws.
It has repealed the Uttar Pradesh Zamindari Abolition and Land Reform Act 1950, UP Land Revenue Act, 1901 and other 37 enactments which had become obsolete and were too complicated to adhere to or comply as a whole. This new Code provides a fine balance between the conservation of natural heritages and the demand of land for developmental activities. This Act was assented by President of India on 29th of November, 2012 as Act No. 8 of 2012.
History :
The land revenue department was continuously facing various problems in implementation of different laws connected with land and at the time there was 39 enactments including Uttar Pradesh Zamindari Abolition and Land Reform Act and UP Land Revenue Act. But some of the laws were,either contrary to another or being applied for specific area and it was creating lot of problems to the lawmakers as well as revenue officers. Therefore, the Uttar Pradesh government thought that all these old laws shall be abolished and new combined Code should be introduced within the state boundaries, which can be simplified, easier and provide immediate justice to the landholders and all other persons who are completely dependent on the agriculture and related works for their livelihood with their families. In order to achieve these goals ,the legislators considered and introduced a new law namely UP Revenue Code,2006 ( Act No. 8 of 2012) receiving the assent of President of India and got published in UP Gazette on 12th of December, 2012. This Code become completely applicable on 11.02.2016.
It has brought milestone changes in land law and provided a lot of benefits to the peasants, landless persons, rural poor persons, artisans , who are completely indulged in the agricultural and its related activities. The State government also take initiative to reduce the number of disputes among landholders and right of every tenure holder can be determined at initial stage by adopting the procedure of GIS mapping for all villages.
Salient Features :
The new Code has provided benefits to all landowners , cultivators to upgrade the status in several ways, by uplifting the economic and social standards in every phase of life specially to the weaker sections of society and remove their economical backwardness.
Some salient features of this code are :
- It has repealed 39 Acts which were either unused or ineffective and not used presently in the state
- It provides proper division of land in map and revenue records using “ Minjumla number”, (Section 2(29))
- It mentions complete Constitution of revenue divisions and separate cadre od revenue officers by State Government.
- It also provides for separate Judicial Revenue officers; (Section 11(5), 12(5), 13(b))
- Code provides provisions for early disposal of revenue cases;(Section 13(6));
- Determination maintenance of boundaries, settlement of boundary disputes (Section 20 to 24) and right to recover the damages for destruction of boundary marks (Section 227)
- Mutation of names on basis of succession or transfer by sale/will/gift(Section 33 to 35)
- Issuance of record of rights named as kisanbahi to every tenure holder by the revenue officer (Section 41) so that everyone can have their records of land
- It also provides provisions for protection of usufructuary and hereditary rights of persons who has planted trees on land of public purpose or panchayat land;
- It also limits the propriety of land in Uttar Pradesh only in four classes : Bhumidhar with transferable rights, Bhumidhar with non transferable rights, Asami, Government lessee;
- The non transferable rights of bhumidhar shall acquire bhumidhar rights after 5 years( Section 76(2&3))
- It provides exclusive right to use land by bhumidhar and get the declaration for residential,, commercial or industrial purpose from competent authority (Section 80)
- It provides opportunity to bhumidhar to let out his land or part thereof on lease in favour of person, registered company, firm , trust, agricultural institution, etc. for agriculture or installation of generate the solar electricity
- It provides provisions for settlement of abadi sites in favour of SC/ST/OBC/EWS whose house was existing on the date of enforcement of UP Revenue Code, 2006 (Section 64)
- It also give protection to rights of unmarried daughters and third gender issue in Succession (Section 108 to 110)
- It disqualifies the murderers from inheritance (Section 114)
- It also tries to empower widow or physically disabled person at the time of grant of agricultural lease by the Land Management Committee (Section 126)
- It also paves way to constitution of Village Panchayat Committee
- For recovery of land revenue it also give powers to attach bank accounts and bank lockers
- In case of failure to deposit fees for more than 6 months related to government lease property, eviction procedure is also provided in the code, etc.
Conclusion :
By giving these special, specific and easy provisions in the UP Revenue Code, 2006, legislators have changed the whole land revenue and management system in the state. This Code is enacted having the aim of immediate doorstep justice to the poor rustic villagers who are not familiar with the technicalities of law and runs from pillar to post to get the justice from one court to another court.
References :
UP Revenue Code,2006 , RR Maurya