Introduction 3

Code both in Hindi as well as

corrections in as many as 104 provisions of the
in English Texts.
Revenue Code,
2. Salient features of the . P. Revenue Code.-The U. P.
(including the U. P. Zamindari
2006, seeks to repeal as many as 39 enactments Revenue
Abolition and Land Reforms Act, 1950and the century old U. P. Land Pradesh. It
to the whole of
Act, 1901). The Code is uniformly applicableSchedules. Uttar
Chapters, 239 sections and 4 Its salient features are
consists of 16
noted below :

1. Simplicity of language and the beauty of precise expression are the

essentials of a good legislation. The English version of the Code as drafted
by the State Law Commission can be said to contain the above attributes.
2. Under Section 11 of the U.P, Land Revenue Act. 1901, the State
Government enjoyed an unbridled power to alter the limits of a division,
district or Tahsil. The present Code seeks to impose some desirable
restrictions on the exercise of such power, althugh the Revenue
Department diluted the said restriction in 2016.
Additional
3. New posts of Additional Commissioner (Judicial), to be
Collectors (Judicial) and Sub-Divisional Officers (Judicial) are sought
administration in the
created, and they are likely to improve the revenue
State.
boundaries and
4. Detailed provisions have been made regarding required to be
boundary marks. All disputes regarding boundaries are been
settled within three months. Farmer-friendly provisions have
incorporated for seLtlement of disputes regarding easementary rights.
have been
5. Provision regarding maintenance of village records
rationalised, and deposit of land revenue has been made a condition
precedent for mitation. Express provision has been made for expunction of
forged and man1ulated entries in the map, khasra or khatauni.
6. The State Governmnent has been empowered to direct that in any
district or other local area, a record operation or survey operation shall be
made in respect of village abadi. However, no such directions has so far
been issued.
7. Section 54 of the Code contains a salutory provision declaring all
roads, paths, bridges etc. to be a State property. The rights of owners and
planters of trees have been statutorily recognised.
8. Gaon Sabhas have ceased to be legal persons and hence, the State
Government may entrust the properties to the Gram Panchayats for
protection and preservation. Stringent provisions have been made for the
prosecution of suits and pruceedings by or against the Gram Panchayats.
9. The Collectors have been empowered to constitute Committees at
Gram Panchayat level to assist in the disposal of cases and for redressal of
grievances in the manner prescribed by the Rules.
10. Village tanks entrusted to the Gram Panchayats which measures
0.5 acres or less have been reserved for public use and only the bigger
tankscan be let out for fishery leases in accordance with theRules.
11. Section 67-A of the Code revives the provisions of Section 123 of
the U.P. Zamindari Abolition and Land Reforms Act, 1950 with added
advantage by extending the date of occupation from May 1, 2002 to
November 29, 2012.
12. Provision has been made for the establishment of a Consolidated
Gaon Fund for each Tahsil to be utilised for the purposes prescribed in the
Rules.
4 Uttar Pradesh Revenue Code, 2006
13. Rights of a Bhumidhar with non-transferablerights have
conferred on those Asamis who were recorded as such in
khatauni of 1407 Fasl. Class-3 inbeen
the
14. Elaborate provisions have been made in Section77 (2) of the
empowering the State Government to change the class of publtc utility Code,
in certain specified circumstances. lands
15. The procedure for seeking declaration under Section 143 nf
U.P. Zamindari Abolition and Land Reforms Act, 1950 was t
unsatisfactory. New Section 80 of the Code streamlines the whole Droce
and declares that such applications should be disposed within a period
45 working days. The Government is also empowered to provide the seal
of fees for the said purpose.
16. Foreign nationals have been debarred from acquiring agricultural
lands in the State by sale or gift. Not only this, they have also bee
prohibited from acquiring such land by bequest or by inheritance as wel.
17. Every Bhumidhar has been allowed to let out his holding or Dart
thereof for agricultural purposes or for setting up a Solar Energy Plant
under Sections 94 and 95 of the Code.
18. Unmarried daughters and the persons belonging to the third gender
have been granted primacy in mattersof devolution to the properties left by
a deceased tenure-holder.
19. The law relating to exchange of land has been made more practical
and the State Government has also been empowered togrant exchanges in
certain specified cases.
20. Section 135 of the Code, which provided for the consequences of
iailure to file a suit for ejectment of persons occupying land without title,
has been omitted with the result that no person can now claim title by
adverse possession.
21. A separate chapter has been inserted for the Government lessees,
and their rights and obligations have been explicitly defined. In the Table
of Succession, Government lessees have also been included alongwith the
Bhumidhars and Asamis.
22. Sections 252 to 266 of the U.P.Z.A. and L.R. Act contained detailed
provisions for assessment of land revenue after an intervel of 20 years. But
no such steps were taken during the last six decades. Hence, those
provisions were considered as redundant. The new Code simply provides
that the tenure-holders shall be liable to pay the same amount of land
revenue, which they were paying immediately before the commencement of
this Code.
23. The procedure regarding collection of land revenue has been made
more farmer-friendly and has been brought in conformity with judicial
pronouncements. Seciton 171 of the Code declares that no defaulter shall
be liable to arrest, unless the amount due exceeds 50,000/-.
24. Where the property belonging to a Scheduled Caste or Scheduled
Tribe is sold by public auction to some one not belongtng tosuch Caste or
Tribe,
claim
then a stranger belonging to the said Caste or Tribe is entitled to
preference against the auction purchaser.
25. Section 195 of the Code contains a new provision empowering the
Collector or the Commissioner to set aside a sale, even if no application to
setting it aside has been made by any party.
 Introduction 5

26. The conflict of jurisdiction between civil court and revenue court
has been sought to be removed by means of Section 206 of the Code read
with the Second Schedule.
27. Revenue Courts are Courts with limited jurisdiction and, therefore,
Section 217 of Code declares that the Boardof Revenue and other revenue
courtsshall have no power to adjudicate upon the validity of any statute or
rules and notifications issued thereunder.
28. New Sections 225A to 225F have been inserted in the Cdoe to
provide for determination of questions by affidavits, lodging of caveats,
empowering Collectors to constitute committees, defining powers of
Assistant Collectors, and for consolidation of cases.
29. A posthumous son (born alive) after the death of the deceased
tenure-holder has also been granted the right of inheritance.
30. A person who commits murder or abets the conmission of such
crime has been disqualified from inheriting the interest of the deceased.
31. Free and competent legal service is to be provided to the weaker
sections of the society regarding the litigations arising under the provisions
of this Code.!
32. Village Revenue Committees have been constituted at the level of
Gram Panchayats to help in the disposal of revenue cases and to remove
the grievances of the villagers.
33. Foreign nationals have been debarred from acquiring agricultural
land in U. P., without prior permission of the State Government. They have
also been precluded to acquire property both by bequest and by
inheritance.
3. Why the Code was considered necessary?-A sizable section of legal
fraternity had expressed the view that the U.P.Z.A. and L.R. Act, 1950 has
outlived its utility and that it should be replaced by a new legislation. Part I of
the Act dealing with the abolition of zamindari and payment of compensation
etc. had already become redundant. Even in Part II thereof, several chapters
dealing with Adhivasi and c0-operative farming were either deleted or rendered
useless.
A large number of amendments were made in the said Act, and it was well
nigh impossible to get a correct and up-to-date copy of the Act or the Rules
made thereunder both in Hindi as well as in English. In case of Mohd. Idris v.
Satya Naratn,2 Supreme Court had to observe that the U.P.Z.A. and L.R. Act
had undergone numerous amendments and it was somewhat difficult to fnd out
at any given moment of time what theState of law exactly was.
In case of recovery proceedings, if the property sought to be sold is situate
inDe urban areas, then the procedure prescribed in U. P. Land Revenue Act has to
tollowed. Otherwise, the provisions of the U.P.Z.A. and L.R. Act and Rules
ade thereunder are applicable. Various forms of attachment and sale
prescribed under the Land Revenue Act are not available and even in the urbarn
eas, the Formns prescribed in Z.A. and L.R. Rules are used which constitutes
an irregularity.
n the case of Bimal Prakash v, State of U. P., the son of a partner oI the
was arrested in recovery of sales-tax dues, and the suit for damages was
eed against the State, on the ground that no provision corresponding to
Vide Rule 194.
2 1966 ALJ 870.
3 1969 ALJ 276 : 1969 RD 197.
6 Uttar Pradesh Revenue Code, 2006
Section 334 of the U.P.Z.A. and L.R. Act, 1950 exists in the U. P.
Act. 1901, under which the recovery was made. Land Revenue
It was in the above background and the Governments' desire to
operation a uniform legislation applicable to the whole of the State thatbring
the into
Code was sought to be brought on the statute book. new
4. Statement of objects and reasons.--Every Bill
Legislature necessarily contains a Statement of Objects and introduced
Reasons
in the
popularly
called S.O.R. Such a statement do often furnish valuable historical materiale
ascertaining the reasons which induced the Government to enact the
S.O.R. appended to the U. P. Revenue Code Bill, 2006 reads as under :law. The
"At present as many as 39 ActS relating to revenue laW are enforced in
the State of Uttar Pradesh. Out of these Acts Uttar Pradesh
Zamindari
Abolition and Land Reforms Act, 1950 and U. P. Land Revenue Act, 1901
are the important Acts. Several enactments were enacted during the British
regime. Most of the provisions of those have become obsolete. Some of the
provisions of those enactments are inconsistent with each other. On
account of different provisions in different enactments relating to revenue
law, the revenue litigations have considerably increased.
Consequently
revenue cases are pending for disposal'for a very long period.
the
Under these
circumstances has become necessary to consolidate with modifications of
relevant provisions of all these enactments into single enactment. It has,
therefore, been decided to provide for consolidating and
relating to land-tenures and land revenue in the Stateamending
and for the laws
matters
connected therewith and incidental thereto. The U. P. Revenue Code Bill.
2006 has, therefore, been prepared to fulfil the above
requirements." mentioned
It may be submitted that the above S.0.R. does not
the
throw adequate light on
circumstances which compelled the Government to introduce the Bill. It was
this inadequacy of the S.O.R. which compelled the Central
clarifications from the State Government and which was Government
the root causeto seek
for
delaying the President's assent.
Almost similar Bills were introduced in the æ. P. Assembly in 1977 and
1980, but the draftsman took no notice of them. The S.0.R. which was annexed
to the U. P. Revenue Code Bill, 1980 was
more revealing, The same is
reproduced below :
"The complexity and the multiplicity of legislations on revenue
have received the attention of the State Government from time matters
to time, and it
was felt that there was an urgent need of simplifying the revenue laws, with
a view to making them easier for the laymen to
understand, and their
implementation more convenient for the officers entrusted with the revenue
administration. Revenue Officers derive their powers from the U. P. Land
Revenue Act, 1901, while the tenurial rights, etc. are governed by the
provisions of the various Zamindari Abolition and Land Reforms laws
enacted for different areas of the State. In non-zamindari abolition areas,
the proceedings for the recovery of arrears of land revenue and
recovefable as such are governed by the U. P. Land Revenue Act, sums 1901.
whereas in zamindari abolition areas, the provisions of the U. P. Zamindari
Abolition and Land Reforms Act, 1950, are followed for the recovery of such
dues. Numerous amendments have been made in these enactments and it
is often difficult to find out what the State of law
exactly was at any given
moment of time and which part of the original Act survives and to what
extent.
 Introduction 7
(2) Realising the above difficulties, it was decided to bring forward a
comprehensive and self-contained Code incorporating all the necessary
provisions of the existing revenue laws, (excepting the U. P. Imposition of
Ceiling on Land Holdings Act, 1960, and the U. P. Consolidation of
Holdings Act, l953), and to repeal all unnecessary and outdated provisions
of the existing revenue enactments. An attempt has been made to ensure
that the rights of the tenure-holders are well defined and that they are given
due incentive to produce more. The Gaon Panchayats are expected to play
more meaningul part in rural reconstruction schemes. The proposed Code
is of uniform application throughout Uttar Pradesh. The respective areas of
jurisdiction of civil and revenue courts are sought to be more clearly
defined, the penalties for breach of land reforms lawS are made clear and
specifiC, and the procedure of settlement and realization of land revenue
are simplified and made more effective.
(3) With the above object in view, the Uttar Pradesh Revenue Code Bill,
1977 was introduced in the Legislative Assembly in October, 1977. The
Bill was referred to a Select Committee of the House but before the
Committee could submit its report, the Bill lapsed under Article 196 (5) of
the Constitution.
(4) The Uttar Pradesh Revenue Code Bill, 1980 which incorporates
introduced
almost all the suggestions made by the Select Committee is
accordingly. It is hoped that the Bill, when enacted will fulfil the long felt
need of the people in general and will also ensure the toning up of the
revenue administration in the State."
Bill, 2016
The S.0.R. appended to the U.P. Revenue Code (Amendment)
may also be referred to. This S.O.R. is reproduced below :
has
"The Uttar Pradesh Revenue Code, 2006 (U.P. Act No. 8 of 2012)
been enacted to consolidate thirty nine Acts which were in force in the State
of Uttar Pradesh. Thereafter, it was noticed that there are many linguistic
errors in the said Code which were required to be corrected. Besides it was
(4F) of
also necessary to include the amended provisions of sub-section Zamindari
Section 122B, Sections 123, 172 and 174 of the Uttar Pradesh
Abolition and Land Reforms Act, 1950 (U.P. Act No. l of 1951) which were
amended in the year, 2007 and 2008, i.e., after passage of the said Code
was decided
by both Houses of the State Legislature. In view of the above it include the
the linguistic errors and to
to amend the said Code to correct
amended provisions as aforesaid.
immediate legislative
Since the State Legislature was not in session and decision, the Uttar
aforesaid
action was necessary to implement the
Pradesh Revenue Code (Amendment) Ordinance,December 2015 (U.P, Ordinance No.
Governor on 16, 2015.
4 of 2015) was promulgated by the
provisions of the aforesaid
This bill is introduced to replace the
Ordinance."
original Bill of 2006, the S.0.R.
Like the S.0.R. appended to the recital that the "U.P. Revenue Code.
reproduced above is also defective. The
enactments" was far from being correct.
2006 was enacted to consolidate 39
'linguistic errors' in the said Code was
1ne statement that there were mere process, and the draftsmen will be well
cqually incorrect. Law is a complex drafting of the S.0.R.
advised if they pay greater attention to the statute
cardinal rule of construction is that the
1t may be mentioned that the recourse to the S.0.R., unless the ordimary
Souid be read literally without
meaning leads to absurdity.
University v. Sri
Companv. AIR 1955 SC 376;Gujarat
gal Kishore v, Raw Cotton
1.
Kishore, AIR 1963 SC 703.