Proposed

Proposed. Uttarakhand Revenue Code.

New Revenue Code. Before starting the Presentation let me show you a short video. As these vision and goals were in the mind of the Drafting Committee when this Revenue Code was being drafted the changes and concept based on which Revenue code has been drafted is the result of these vision only and which have been summarised by Hon’ble Narendra Modi Ji in his various speeches..

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The New Proposed Revenue Code has incorporated the above vision in following manner:- Think big use of Latest Technology Use of modern and latest Technology for maintenance of Land Record as mandated by the Digital India Land Record Modernization Program. Ensure effective, efficient, speedy and transparent disposal of dispute Ensure Ekta and Ek Juta Ensure that no Huryat wadi thought or mentally is allowed to be part of New Proposed Code. Any suggestion similar to Article 370 and 35 A have been rejected outright in this New Code as it is not possible to say that Uttarakhand does not agree with the Pran’s of Hon’ble Narendra Modi Ji. (Na Koi Apna or Na Koi Paraya) Sub Ka Sath and Sub ka Vikas Ensuring similar right and liability to all irrespective of gender, caste and religion. Do away with all colonial legacy As such the existing Board of Revenue which was constituted to Rule India and not Serve India has been remodeled with not only power but also defining the duties and responsibilities..

Summary of High Lights of New Revenue Code. That entire system of Revenue Law and Revenue Department/Court etc. were bought into existence only with the aim to achieve following two objectives:- Maintenance of Land Record Collection of Land Revenue and if these objectives would not have been there then there was no need for Revenue Laws or whole system Revenue Department/Court etc..

All Land except Forest and National park to be Revenue Land and record of all immovable property to be maintained by Board of Revenue. All Record to be kept in Digitalized Form. All Sazara Map with geo referencing. Field book to be in RDBMS data format digitalized. Record of Right of both land and immovable property in RDBMS and linked to Aadhar and contain email and mobile number of owner (if any) and details of pending litigation to be linked with Land record . Updation of Record of Rights to be done automatically by linking it with Sub Registrar Office. Automatically updated to Field Book except name of owner. Availability of all Record on website for Public Access with facility to Print Copies of Record of Rights and land. All Court case record including order to be maintained in Digitalised RDBMS Transitory Provision till the time the record is Digitalised (Amend Suggestions) Undisputed correction of record Undisputed mutation in case of succession. Disputed case of correction, mutation in succession. Mutation in case of transfer..

High lights On Right of Tenure Holder Side. 1. Equality within gender by having similar system of inheritance for both man and woman. 2. Equality within castes by having one and similar Right for all Tenure Holder without any discrimination. (Section 57A and 57B of UP ZA and LR Act done away with) 3. Allow exchange to be done by deed without any court intervention /approval. 4. Allow partititon to be done by Registered Deed. 5. Ensure that all use of land is in compliance of Development and Environmental Acts if any. 6. Removes Restriction on Rights of State Government to use land belonging to it. (Explanation to Section 104 – old Section 132 of UP ZA and LR Act) added. 7. Contract Farming allowed. 8. Allow Bhumidhar with Transferable Rights to lease his land for a maximum period of 15 years. 9. All rights to give grant or any lease in Government Land now to vest with State Government acting through Collector and Panchayat/Local Bodies to only recommend and final decision shall be of State Government acting through Collector. 10.License for 1 year only can be given by Land Management Committee..

High lights For Speedy Trial. 1.Mandating that Pleading be accompanied with all evidence. Same to apply to written statement and other pleadings. 2. Mandating that summon be sent by all modes at first instance and after first time Publication to be done and once Publication done service to be deemed served. 3. Time consumed in substitution done away with by making mandatory to file name and address of the Person who shall contest suit in case of death of a Party with his pleadings 4. Provision of Summary Decision made. 5. Dismissal in Default and expartee order modified and done away with now all matter to be decided on basis of Pleading and evidence available on Record. 6. And parties entitled to file appeal against such Judgement. 7. Power of Appellate Court to Remand the matter Back curtailed. 8. Provision of submission of written argument incorporated. 9. Points of Dispute to be framed even in case decided summarily and decision on each point to be given. 10. All record of the case to be kept in Digitalized Form on computer and be made available to public access. 11. Hearing of case and even Recording of cross-examination/examination-in-chief can be done by Video Conferencing. 12. All filing to be done Remotely by uploading on site along with a Hard Copy being submitted..

To Simplify the Determination of Land Revenue. To Simplify the Determination of Land Revenue.

Highlight of Reconstituted of Board of Revenue. Highlight of Reconstituted of Board of Revenue.

Section 3 and 11. Section 3 and 11. Section 3 Revenue areas of Uttarakhand and Scope of this Act - All areas of Uttarakhand excluding the areas covered/declared as Reserved Forest, National Park and Sanctuary which a controlled and managed by the Department of Forest and Wild Life shall be known as Revenue Lands..

Section 57. Section 57. Section 57 Real estate record updating - (1) Board of Revenue as constituted under this code shall be responsible for preparation, maintenance and updation of all records as prescribed by this code. (2) For the purpose of this code following Records shall be prepared, maintained and updated. (i) Record of Land which will comprise of (a) Digitalised Map with geo referencing from State Level to Revenue Village Level as prescribed in this code. (b) Record of Land/Field Book which was also known as Khasra which shows use and occupation. (ii) Record of Rights which was known as Khatauni which shows title..

Section 58. Section 58. Section 58 Digitalised Map shall be prepared at three level namely: (1)State Map showing Boundary of each District, Reserved Forest, National parks and Sanctuaries, National and State Highway, Major River and Water Bodies with their geo coordinates/geo referencing. (2)District maps showing boundary of all Revenue Village comprise in the district with geo coordinate Reserved Forest, National Park and Sanctuaries, National and State and District Roads, all Rivers and Water Bodies with geo referencing/geo coordinates. (3)Revenue Village Maps which will be divided into survey number (which at present known as Khasra Number). (4) Maps of Village shall be prepared dividing the Village in Various Survey Number/Khasra Number and it is specified here that Khasra No./Survey No. will be such as is shown and clearly demarcated on the Village Map by geo coordinates and in case of any number being too small or number being clustered too closely to be shown on the sheet then they shall collectively be given a Khasra No./Survey No. but immediately/simultaneously a sub sheet shall be prepared and the sub number shall be depicted on the sub sheet with geo coordinate and this process shall be continued till the time each Survey number and it geo coordinates are shown in the Map. (5) The digitalized map for Revenue Village when prepared for the first time the existing cadastral map shall be synchronized with them and new survey number have to be in confirmity with existing number either by keeping the number same or by preparing a chart showing the old existing survey number and the corresponding survey number given to it on digitalized map. Explanation 1: It shall be ensured that there is no such survey number or sub survey number which cannot be identified and fixed on digitalized map. And no survey number is to left without dimensions and areas being specified and identified on Digital Map. Explanation 2: In cases when the existing cadastral map and the corresponding Record of Land do not tally and there is a difference in the area as per map and field book/khasra then such excess or less area shall be adjusted from the Record of Right of State Government. But after ensuring that the land owned by various land owner in the said village is kept in as per the khasra Record /Field Book and Record of Rights. Provided where the excess land is found in a particular survey number and there is no adjoining land owned by State Government and such owner has not encroached or any other neighboring survey number then such excess land may be settled with such owner on his paying is 40% of circle rate of such land..

Section 59. Section 59. Section 59 Preparation of land/khasra records - In addition the Digitalised Map for (Record of Land) a Field Book/Khasra will also be prepared, maintained and updated as prescribed by this code. Record of Land shall be prepared in RDMS Data Format and all existing Khasra Number shall be computerized. Record of Land shall be prepared for each survey number and shall contain the following information/details and such other information as may be prescribed from time to time by the BOARD of Revenue. The State Government by Notification can call upon the BOARD of Revenue to collect and maintain any additional details other than those as prescribed hereunder. Record of Land/Field Book shall contain following details: a. Name of District b. Name of Tehsil c. Name of Village and urban areas which it is included if any d. Survey Number/ Khasra Number e. Area of Survey Number/ Khasra Number in Hectares f. Name of Owner of Survey Number g. Type of Land:- (i) Law Governing ownership/tenancy- ZA Land or Non-ZA Land (ii) Land use as per Master Plan (if any) (iii) Agriculture/Non-Agriculture (iv) Land Covered by Khala/Nala/Water Bodies (v) Road (vi) other 59 (F) (iii) a) If Agriculture then: -1. Number of Crops taken 2. Name of Crops 3. Irrigated/ Unirrigated 4. Cultivated by owner/contract farmer 5. If cultivated by contract farmer: a. Name of Contract Farmer b. Aadhar Number c. Mobile Number d. Term of Contract From To e. other 59 (F) (iii) b) Fruit Plantation: - Name and Number of Fruits and Tree Number of other trees.

59 (F) (iii) c) Other Agriculture Activities:- Poultry Farming Pisciculture Farming Dairy Farming Private Forest 5. others 59 (2) (F) (iv) If Non-Agriculture then: - Covered area/Built Up areas/constructed areas Area occupied by Passage Road etc. Open area Total area Actual use ……………… School/college/educational Commercial Residential Industrial Official Entertainment Hotel/Resort Common Roads/Public Roads Property of State Government/Central Government others Actual Occupier owner/Tenant Tenancy Type- Lease, Month to Month, Tenant, License, other. Name of Tenant Period of Tenancy From ………………..To………………… If Group Housing/Town ship/Colony then RERA No……………………………… Sanctioned Plan by Competent Authority …………………………. either uploaded PDF copy or linked with site of the sanctioned authority/RERA..

Section 60 and 139. Section 60 and 139. Section 60 Record of Rights of all Survey Number shall be maintained and shall consist of following details/information. In addition to the information as detailed under the BOARD of Revenue or the State Government by Notification can prescribe other information and details to be maintained for Record of Rights. Record of Rights shall be maintained in Computerised form in RDBS Formats. Record of Rights shall contain following information: Name of Owner Aadhar Number of Owner Name of District Name of Tehsil Name of Village Mobile Number Email Whether any Master Plan is applicable; if yes Land use as per Master Plan Type of Immovable Property- 1. Agriculture Property governed by ZA &LR Act 2.Agriculture Property Not governed by ZA& LR Act 3.Non-Agriculture Property 4.Other Property For Agriculture Property covered by ZA & LR Act- 1. Type of Holding of Owner a. Bhumidhar with Transferable Right/ b. Bhumidhar with Non-Transferable Right/ c. Asami d. Government Lessee e. Other 2. The Survey Number and the areas as owned by Land Holder For Agriculture Land Not covered by ZA & LR Act-.

Type of Ownership All Khewat owner will be shown as owner all tenure holder- will be shown as Tenants Survey Number and its areas For Non-Agriculture Land Present Land Use Survey Number Total Areas of Land Covered Areas/Construction Area Open Areas Name of Occupant if any in case the covered areas is not in self occupied. Other Occupation of Owner Name of Occupant Nature/Right of Occupant Tenant Leasee Permissive Occupant Licensee Others For all above three type of properties, Record of Right shall show following details also: - History of Mutation All Survey Number as owned by a Particular owner in a Particular Village shall be shown in the Same Record of Rights i.e. there will be only one Record of Right for all immovable property owned by a Person in one Particular Village. That in case there are more than one share holder in Particular Survey Number/then Name of all share holder, their Father Name and Percentage of Share in the Said.

Section 139 When court finds that the requirement as stated in section 138 and 139 have been completed it shall order Registration of suit/petition and the Court shall cause the particulars of every suit to be entered in a book to be kept for the purpose and be called the register of suits. Such entries shall be numbered in every year according to the order in which the plaints are admitted and the entire set of plaint. Once the Record is uploaded the case number shall be provided by the computer beside this Number been given by the officer in case the Registration of Plaint and it shall be reflected in the record of concerned Record of Rights..

Section 76. Section 76. Section 76 Updation of Record of Rights: All updation/mutation based on any transfer, exchange, partition, lease, trust deed which are duly registered and are not in contravention to any provision of this code, shall be updated in Record of Rights/Khatauni and the column containing name of owner/tenant in the Record of Land/Khasra automatically on Registration of such document. All case of succession based on intestate or non intestate succession on Receipt of application. Provided the application is accompanied with following document: No objection of all legal heir in form of an affidavit. Legal heirship certificate issued by a officer not below the ranked tehsildar/kanoongo. shall be updated within 15 days of Receipt of such application by Tehsildar..

Section 75. Section 75. Section 75 All Record of land (including the Maps and Record of Land/Field Book) shall be updated regularly based on satellite imagery or physical survey or both every six months by the Board of Revenue. Provided the Survey Number once allotted in Village Maps shall not be changed and in case of further sub division of such Survey Number the (Sub) Number will be allotted in the manner as detailed in Section ____ and ____ of this code. Every entry in Record of Land in column showing name of owner/tenant shall be done either by the automation process as detailed in Section ___ and ____ of this code or on order of Competent court..

Section 68. Section 68. Section 68 The e-filing of the matter can only be done by the lawyer/advocate who or registered with the Board of Revenue and procedure to register with Board of Revenue shall be available by e-registration on payment of a one term fees of Rs. 500/- and verification of his details from the relevant State Bar Council site for which a system of automatic verification shall be developed. That all records like digitalized map, record of rights, field book(khasra) , case file, mutation record, case diary, miesal band register, malkan register etc and all other document can be browse and certified copy take on payment of prescribed form..

Section 64. Section 64. Section 64 Uploading of cases registered before any Revenue Court on the server of the Revenue Board - All the cases under this code filed in any Revenue court or before any Revenue officer shall simultaneously with filing of Hard Copies be uploaded on the server of the Board of Revenue containing the following details: -Court Name -Case Type -Case No. Year -Village name -Survey Number involve in Case -Khatauni Number -Computer generated unique No. (To be generated by computer at the first instance of filing of Plaint, appeal, revision, review) -Name of Plaintiff – Name, Address, email, Mobile Number, Aadhar Number, Father Name -Name of all Defendant/opposite parties – Name, address, email, Mobile Number, Aadhar Number, Father Name -Relief Sought Section of this code under which application/petition/plaint filed. -PDF Copy of Plaint/Petition/Application -PDF Copy of all documents evidence -PDF copy of all affidavit -PDF copy of application if any Similarly, whenever the defendant files his written statement/objection/rebuttal/cross claim the defendant besides filing hard copies as prescribed by this code shall upload the following information/document: -Court name -Case No. -Year -Computer generated unique No. -Nature of application/objection / written statement/cross claim/objection/rebuttal etc. -Name of person on whose behalf it is being filed -PDF copy of the written statement, cross examination/objection/cross appreciation -PDF copy of all documents evidence filing -PDF copy of all affidavits -PDF copy of all applicants/objection/replication, etc. That every time any pleading or applicant or objection are filed the same will have to be uploaded as above..

Section 38. Section 38. Section 38 Correction of Records of Rights (khatauni): (1) The tehsildar, on the application of a khatedar or on the knowledge, suo motu shall correct error of Khatauni which is clerical, typographical, arithmetic or has been omitted from but does not effect the right of other khatedar it will be rectified by passing an order after necessary inquiry and satisfaction, but under this section the name of any khatedar cannot be cancelled and the name of any other person cannot be registered nor the area of any other khatedar can be added nor the area of the khatedar can be transferred to any other khatedar. (2)Tehsildar on the application of any khatedar, for correction such error of khatauni which does not come under sub section 1 and for which the entry of khatedar of any other khatedar is also affected, then in such case with the preliminary inquiry the Tehsildar shall forward it to Sub Divisional Magistrate. While fixing the date of appearance in the court of the Sub Divisional Magistrate and shall direct the party to complete all requirement of Plaint and direct the part to present his plaint before SDM on date fixed or prior to it. (3)If the tehsildar comes into knowledge of the error of khatauni in any other way which is not covered in sub section 1 and which also affects the entry of the khatedar of any other khatedar for rectification, then such case shall be referred to the with preliminary inquiry report to the Sub Divisional Magistrate. (4) On receipt of the inquiry report in sub section 2 from the tehsildar for the correction of the record of rights and on the submission of the plaint in the prescribed format the Sub Divisional Magistrate after registering the suit and giving the parties an opportunity of hearing and evaluation of their evidence, the final order shall be passed and if the order for rectification of the records is passed then a order be issued in the prescribed format to the tehsildar giving instructions to the tehsildar to enter the correction in the respective khata and the tehsildar will make an entry in the khata within a week. Submit corrected khatauni to the Sub divisional magistrate and on receipt of corrected khatauni the file will be consigned to record room. (5) On receipt of the inquiry report from the tehsildar for the correction of the record of rights in sub section (3), the Sub Divisional Magistrate will send notices to the affected parties at the addresses mentioned in the record of rights and the mobile number email id if available, by sending a message on it, will inform the party to appear on the prescribed date, if the parties appear, giving them an opportunity of being heard or if they do not appear there after recording due service and on this examining the report received from the tehsildar and after evaluating the related revenue records he will pass the final order and if the order of rectification of the records is passed, then shall issue order to concerned tehsil to make necessary correction in the Revenue Record within a period who shall then make necessary correction in the records and send a copy of corrected record to the SDM and upon receipt of such corrected record the file shall be consigned to record room. (6) All proceeding under the section shall be decide on merits and shall not to dismissed due to the absence of Parties or non-availability of Revenue Record on file. (7) Every proceedings under this section as far as possible will be completed within six months from the date of petition by the Sub Divisional Magistrate. (8) Any person aggrieved from the order of the SDM can file a first appeal before the court of Commissioner within 30 days of such order and a second appeal before the Board of Revenue with 90 days of order on first appeal. (9) Any person aggrieved by the ex-partee order passed under sub section 5 can present a suit before SDM and SDM after issuing notice to the concerned parties and provide parties to lead evidence and opportunity of hearing, decide the same on merits and any person aggrieved by such order can file appeal/second appeal against such order..

Section 39. Section 39. Section 39 Mutation in Succession Cases- (1) where a person receives the possession of any land by succession the revenue sub-inspector any such information of such succession. (2)The lekhpal shall submit a report to kanoongo verifying the name of successor and death of khatedar and enclosed of khatauni : (A) Kanoongo on receipt of such report from lekhpal or on such information coming to his knowledge and if there is no dispute in such case shall record such succession in khata within 15 days of such report or knowledge and on end of each month report all such case to the tehsildar. (B) In all other matter shall make necessary enquiry as may be prescribed and present his report to tehsildar after giving due opportunity to parties to present their case under Tehsildar section 38 and in undisputed matter order recording of succession in khata. (3) In person whose name has not been recorded by the kanoongo or who is aggrieved by any order passed by kanoongo under sub section 2 or is aggrieved by any report forwarded by kanoongo to the tehsildar can file his objection before tehsildar under section 38 or file a fresh suit for mutation or both before Tehsildar..

Section 40. Section 40. Section 40 Mutation on basis of succession based on will or disputed case of succession : - (1)On receiving of a report under section 38 or any objection in disputed matter or on receipt of application for mutation. The tehsildar shall register a case and after due notice make such enquiry as may be necessary: (A) If the case of succession is not disputed then Tehsildar will pass the order to revise the right record (Khatauni) by passing the order after determining the succession. (B) If the mutation is based on a registered will and will is duly proved as per evidence act and there is no dispute the tehsildar shall order the mutation. (C) In other case of mutation where some objection have been filed or complicated question of law is involved then tehsildar with his preliminary report forward such case to SDM concerned after fixing a date to appear before SDM court and shall direct the parties to appear before SDM concerned. (2) One receipt of a report from a tehsildar in disputed case of Mutation the SDM shall registered such case and after providing opportunity to parties to present their case and evidence pass necessary order and accordingly instruct the tehsil authority in prescribed manner to make necessary correction in the records and concerned tehsildar shall make such correction within 7 days of receipt of such order and send back a copy of corrected Khatauni to SDM and on receipt of such corrected khatauni the file shall be consigned to record room. (3) On all reports sent to tehsil suo moto in which complicated question of law or title is involved the SDM shall send a notice to the party/recorded owner on their recorded address calling upon then to appear on date fixed and if the party appear then after hearing them and evaluating any evidence produce by them and if they do not appear then after considing the report of tehsil and the revenue record SDM shall pass necessary order and if any order of mutation is passed. This shall instruct the tehsil authority to make necessary changes in khatauni and tehsildar shall within seven days of receipt of such order make the necessary changes in the Khatauni and send a copy of corrected khatauni to SDM who on receipt of corrected khatauni shall consign to file to record room. (4) Under this section all proceeding shall be decide on merits and no case can be dismissed for non presence of parties or non availability if revenue record on file. (5) All proceeding under this section shall be completed within six months. (6) Any person aggrieved by any order of SDM can file a first appeal before the court of commissioner within 30 days of such order and a second appeal before the Board of Revenue within 90 days of the order in 1st appeal. (7) Any person aggrieved by any Mutation order passed ex-partee under sub-section 3 can present a suit before the SDM who after giving party opportunity to produce evidence and opportunity of hearing, decided the same on merits and against all such order appeal or second appeal shall be maintainable..

Section 41. Section 41. Section 41 Duties to report in the case of transfer- (1) Where any deed has been registered by any khatedar that he has transferred the rights or given any lease right or created any mortgagee or charge on his holding whereby the Right of Khatedar are being charged for which an entry in Revenue Record is necessary then the Sub Registrar shall send a copy of such deed to the concerned Tehsildar within one week of Registration of such deed. And the Tehsildar shall within 15 days to receipt of Such deed make necessary correction/entry/mutation in the Khatauni per procedure prescribed. The Tehsildar shall order mutation within 15 days on the date of information either given by Sub Registrar or party which ever is earlier. In cases where no objection are received mutation shall be done within 15 days. (2) Every person who receives occupation of land through any kind of registered deed shall present a certified copy of such deed to the concerned tehsildar alongwith latest khatauni and his affidavit verifying above facts. (3) When information is received by Tehsildar under section 1 or 2 whichever is received earlier he shall register as mutation case and later application/information shall be attached with such case. (4) If the registered deed if for a single holding then the tehsildar shall order necessary mutation within 15 days provided there are no dispute/objection filed. (5) If the registered deed is relating to a Joint holding and entire undivided holding is sold/transfer, then the tehsildar shall order mutation within 15 days if there are no dispute/objection filed and ensure that the name of the khatedar who has sold his share is replaced with the name of the purchaser as co-sharer and attached the mutated khatauni with the mutation file and consign the file to record room. (6) If the registered deed is relating to a joint holding and entire undivided share has not been sold and recorded share holder have signed on the deed giving their consent to the transfer and there is no dispute/objection filed then the tehsildar shall order mutation within 15 day and ensure that the name of the purchase is recorded as separate khatedar in khatauni and the area/share is deleted from the joint khatauni and after the copy of amended khatauni as received and placed on file and cosign the same to record room. (7) If the registered deed relating to a joint holding and all recorded owner have not signed giving their consent on the deed then in such matter no mutation shall be done but the transferee may file a suit before the SDM for declaration of his rights and partition of his share. (8) That in all cases where any objection has been received the tehsildar shall along with his report forward the files to the SDM fixing a date for parties to appear before a SDM court and intimating the Parties to appear and file their objection in format of a plaint before SDM on the date so fixed. And the SDM shall then proceed to decide all such matter as per the procedure prescribed by this code after giving notice to parties as per procedure provided and after consider the report of Tehsildar the evidence of party to decide the matter on merits and then after ensure the necessary entry made in khatauni and once the amended khatuani received, placed on file and cosign the same to record room. (9) Any person aggrieved by the order of SDM can file a 1st appeal before the commissioner and 2nd appeal before the board of revenue. Explanation: For this section register deed shall include sale deed, gift deed, family or other partition deed, relinquishment deed, exchange deed..

Section 119 and 120. Section 119 and 120. Section 119 General order of succession on the death of a male Bhumidhar or Asami - 1- Subject to the provisions of section 118, when a male bhumidhar or an asami dies, his title to his holding shall devolve to his heirs specified in sub section 2 in accordance with the following principles: a) The successors specified in any one of the clause of sub section 2 will take together in parts. b) The successors specified in any of the preceding clauses of sub section 2 shall by barring all the heirs specified in the succeeding clauses, that is to say the heirs of clause (a) shall have precedence over the successors of clause (b), the successors of clause (b), shall be given precedence over the successors of clause (c) and shall be so followed: Provided if the holding is the one which the male bhumidhar has inherited from his wife or his in laws and in absence of any surviving legal heir mentioned in clause (a) of sub section 2 the property shall not devolve to the heir mentioned in clause (b) (c) of sub section (2) for such male bhumidhar but to the heir mentioned in clause a and b , c of the sub section (2) of wife legal heir as if the property of his wife. But that if the deceased male bhumidhar has no heir in accordance with the direction of section 2 or section 3 of the wife or the in laws of the person from whom the land was inherited then the deceased male bhumidhar shall not be entitled to any heir under sub section 2. The successors specified in clauses (b) to (g) shall inherit on the basis of the provisions mentioned above. 2- Male Bhumidhar/asami subject to the provisions of sub section (1) the following shall be the order of succession for male bhumidhar: a. Parents, wife, sons, daughters, wife and children of a pre deceased son, children of a pre deceased daughter, grandsons and granddaughters of a pre deceased sons, grand-grandchildren of a predeceased daughter, all the descendants of the above in case of them being predeceased their husband or wife. b. Real brother, sister, wife and children of a pre deceased brother, husband and son of a predeceased sister who are sons and daughters of the same father and mother respectively. c. Paternal grandfather and grandmother. d. maternal grandparents e. Real grandfather, grandmother’s children and children of predeceased children. f. Real maternal grandfather, maternal grandmother’s children and children of predeceased children. g. Half brother, sister, wife and children of a pre deceased brother, husband and children of a predeceased sister who are respectively the sons and daughters of the same father and the other mother. Explanation (1): in clause (a) the mother and father shall together receive one share only irrespective whether both are alive or one is alive. Explanation (2): if there is more than one surviving “wife’s” mentioned in clause (a), then all together shall receive only one share..

Section 120 General order of succession on the death of a female bhumidhar or asami: Subject to the provisions of section 119, when a woman bhumidhar or asami dies, her holding shall devolve subject to the provision of sub section (1) according to following order. The successor specified in any one of the clauses of sub section (2) will take together in parts: The successors specified in any of the preceding clauses of sub section 2 shall exclude all the heirs specified in the succeeding clauses, that is to say, the successors of clause (a) shall have precedence over the successors of clause (b), the successors of clause (b) shall be given precedence over the successors of clause (c) and shall be followed: Provided that if such land of woman bhumidhar has been inherited by her from her husband or from her in laws, then such land shall be received by the heirs mentioned in clause (a) of sub section 2 of such deceased woman bhumidhar, and if such woman bhumidhar has no heir mentioned in clause (a), then in such case the person closest to the husband or in laws of the deceased woman bhumidhar from whom the land was inherited, the surviving heir shall inherit and such heir shall be determined in accordance with the directions of section 2 or section 3. But if the woman bhumidhar had inherited the holding from her husband or in laws and in absence of any surviving heir under clause (a) of sub section (2) then such land shall devolve into heir specified in clause (b) of sub section (2). Subject to the provisions of sub section (1), the following relatives of a female bhumidhar or an asami are heirs, namely: Parents, husband, son, daughter, wife and children of a pre deceased son, children of a pre deceased daughter, grandsons and granddaughters of a pre deceased son, grandsons and granddaughters of a pre deceased daughter, all descendants of the above deceased before their spouse in case of departure. Real brothers, sisters, wife and children of a pre deceased brother, husband and children of a pre deceased sister who are sons and daughters of the same father and mother respectively. Real grandfather, grandmother. Real maternal grandfather, grandmother Children of real grandparents and children of a pre deceased children. Real maternal grandfather, maternal grandmother’s children and children of pre deceased children. Half brother, sister, wife and children of a pre deceased brother, husband and children of a predeceased sister who are sons and daughters of the same mother and other father respectively. Explanation (1): The “parent” mentioned in clause (a) if both the parents are alive or one of them is alive, shall receive only one share..

Section 116. Section 116. Section 116 Exchange- (1) Any bhumidhar with transferable right under the provisions of this code shall be entitled to exchange his holding or any part thereof with a bhumidhar having transferable rights by means of a registered exchange deed, provided that there should not be more than 10 percent difference in the valuation of the two lands being exchanged as per the circle rate fixed by collector for the lands being exchanged. (2)A bhumidhar having transferable rights shall with the permission of the State Government exchange his holding or any part thereof, with the land of the State Government or the land under the management of a village council or local body or other department for the time being vested therein under this code. (3)The land of the State Government or the land under the management of a village council or a local body or other department for the time being under this code may be exchanged with land held by a bhumidhar having transferable rights with permission of the State Government. Provided that no exchange in sub section 2 and sub section 3 shall take place without the permission of the State Government and if there is a difference of more than 10 percent in the property valuation as per (circle rate) prescribed by the Collector for the time being in force of the lands to be exchanged, the State Government shall not allow any such application. (4)The State Government shall, under sub section 2 and 3 in the following cases will refuse permission namely:- Such regulation as may be in relation to the land mentioned in section 67 of this code or land reserved for the public interest by the State Government. Such land is not in a district (5)The holding of such exchangeable land or any part thereof in which there are one or more khatedars, it is mandatory to submit a map in the application by all the co-khatedar and consent to be given through the signatures and affidavits of all the co khatedars..

Section 122. Section 122. Section 122 Division of joint share holders – 1. All joint seh khatedar/co shares can divide their holdings through registered partition deed. But the share being allot the any co sharer is not less than the 10% of his due share when calculated on the basis of circle rate fixed by collector. 2. Any of the recorded joint share holders can separate his share submitting a suit enclosing copy khatauni/khataunis before the Assistant Collector for the division of joint holdings and all other co shares can also get his share separated. 3.The court shall determine the share of the plaintiff or other defendant, if necessary, by providing an opportunity of objection and hearing to the parties. Persons aggrieved by the order can file first appeal before the Court Commission within 30 days from the date of order and second appeal before the Revenue Council within 90 days from the date of order. 4.In every partition suit, the concerned Gram Sabha/Gram Sabhas and state government will have to be made necessary parties. 5.In case of Joint holder having more than one Joint holding or Joint Holding in more than one village tehsil or district. The recorded bhumidhar can present a suit on any one court for division of all the holding than one account or in more than one village, tehsils and districts, the recorded Sahakhatedar can present a suit in any one of the concerned tehsils/districts for the division of his shares in all the shares. 6. The Asst. Collector will pass the order/preliminary degree to determine the share of all the co-shares, after giving an opportunity of being heard to the parties, after which the court will order the Halka Lekhpal to prepare a Map clearly demarcated the share being divided. 7. Halka Lekhpal with the consent of the co-shares, as far as possible on the basis of possession of the parties or even in event of dispute on the basis of the possession of the parties, as far as possible and at the same place as far as possible determine and demarcated to share based on value of each share calculated as per circle rate of the concerned Khasra Number fixed by Collector. In case of any trees, house etc. being situate in the share of any co shares which has been planted by him as constructed by him then same shall be include in his share as far as possible. 8. On the filing the kurn Map by lekhpal the court shall inviting objection of parties and after hearing the party and their objection pass final judgement and issue instruction to the tehsil concerned to update the record of rights and within 15 days of receipt of such notice and to send the update copy of records of rights back to the court and once the court is satisfied that its order have been compiled with the file shall be consigned to record room. 9. A person aggrieved by the final decision passed by the Assistant Collector can submit the first appeal before the Court Commisioner within 30 days and the second appeal before the Revenue Council within 90 days against the order passed by the Court Commissioner..

Section 82 (2) (3) (4). Section 82 (2) (3) (4). Section 82(2) A bhumidhar having transferable rights under the provision of this code whose land situated within a municipality, municipal corporation, nagar panchayat, cantonment area or any notified area or any development authority of the State can use the same for agriculture horticulture, animal husbandry, fisheries, poultry farm, poly farm, dairy farm and for any other agriculture purpose, but to use land for any other purpose other then agriculture such use has to be in conformity/compliance with any land use condition of Master plan etc. and after obtain permission from competent authority and shall not be invioliation of any rule or regulations framed under the State Planning and Development Authority/Master Plan and permission granted thereunder and once such permission is granted then the provision of Section ____, ______, _____ and ______ will not be applicable to such land. Section 82(3) A bhumidhar having transferable rights under the provisions of this code shall use his land for the purpose of agriculture if such land is situated outside the areas referred to in section 82(2), but if such bhumidhar is to use the said agricultural land or any part thereof for any non-agricultural purpose. If he wants to do so, he will have to take written permission from the Collector of the district for such purpose and only after getting permission he can use the said agricultural land for non-agricultural purpose under the terms and conditions of the permission. Section 82(4) If a Bhumidhar changes his land use by using his agriculture land for non-agriculture or other purposes without the permission of the collector or in violation of sub clause (2) (3) of Section 82, then the following action will be taken by the collector suo-moto or on receipt of any complaint - The collector shall give a show cause notice of one month to such Bhumidhar to the effect that the land use changed by him should be declared illegal and if the Collector is satisfied with the reply of the Bhumidhar, he shall terminate the proceedings. If the Collector is not satisfied with the reply of the Bhumidhar, he shall declare such changed land use illegal, and shall order the Bhumidhar to restore the same to former use within two months. And if the Bhumidhar does not comply with the order of the Collector, the provisions of section _____ of this code shall apply to such land..

Section 99. Section 99. Section 99 No bhumidhar right shall accrue in the following lands: (1) Notwithstanding anything contained in this code or any other law for the time being in force, no person shall acquire bhumidhar rights in the following lands:- Land on which lakes, springs or dams have been declared and notified by the State Government to develop tourist places, Such land which has been declared by the State Government to be a religious place and so notified Land used for barns, manure pits, pastures, or generally for burial or cremation grounds Land on which there is water and which can be used for water chestnut or other produce to grow Such areas of shifting temporary cultivation as the State Government may by notification specify Sometimes used for farming Such orchard land, slage farm and land included in the occupancy land which one entrusted by the State Government to any gram panchayat or any other authority is deemed to have been assigned. Land which has been declared or reserved separately by the State government as intended for tea garden, togia plantation and so notified. Land on which puddle, pond, lake or embankment forms part of a dam or mita; Any other land which the State Government may by notification specify. (2)Land acquired or held for public purpose or public utility shall include the following lands: Land set aside for a military camp Land which is included in the boundary of the canal Land acquired and held by a local authority for its own purposes Land specified in section 20D of the Consolidation of Holdings and Land Arrangement Act 2016 for the hilly areas of Uttarakhand, or Land reserved for the purposes of public utility by a village panchayat. (3)Notwithstanding anything contained in the other provisions of this code, where any land specified in sub section (1) of this section or any part thereof is surrounded by plots of land purchased acquired by public, the State Government may change the category of land of such public utility, and if the category of land of such public utility is changed, then state government in the same village, or local body shall reserve equal area of land for similar public utility the state government may permit the exchange of such land in the prescribed manner. (4)If the category of land is changed under sub-section (3) of this section, the collector shall order amendment in the record of rights and map accordingly. Explanation: Nothing of Section 99 prohibits the State Government from using the land in any manner in public interest and this restriction are only for acquisition of Bhumidhar or other tenancy right and not on right of state government as owner..

Section 101. Section 101. Section 101 Right to enter into agricultural work contract - A Bhumidhar with Transferable Right or a Bhumidhar with Non Transferable Right or an Assami can enter into contract farming agreement..

Section 100. Section 100. Section 100 Provisions in relation to the grant of bhumidhar land on lease: (1) A bhumidhar having transferable right in his holding or any part thereof for agriculture horticulture, animal husbandry, fisheries, poultry farming, poly farm, dairy farm, herb production, off-season vegetables. For the purpose of production, medicinal plants and aromatic flowers, spices, plantation, breeding, etc. and for other agricultural purposes, to any person, institution committee, trust, support group or recognized educational institutions imparting training in agriculture, under the registered lease deed, lease his land/holding. By paying the necessary stamp duty under the Indian Registration Act, 1908, specifying the conditions therein and the lease rent and the lease period which may be upto 15 years, may lease out his holding. (2)The lessee shall not have the right to institute any suit/declaratory suit against the lessor on the basis of the lease deed or on the ground of adverse possession in any court in respect of the title of the leased land and- on the expiry of the lease period, the lease can be renewed again by stipulating the conditions, and the lessee will not have any rights, other than the rights mentioned in the lease deed, nor can the leased land be mortgaged by the lessee other than for agricultural loan. If the lessor or lessee dies during the period of the lease, then the heir of such deceased shall have rights and liabilities on the basis of the conditions mentioned in the lease deed and both the parties shall be bound by the terms of the lease deed. (3)The responsibility of payment of all duties and cesses on the leased land, except land revenue, shall be of the lessee. (4)If the lessor is provided crop insurance, disaster assistance and any incentive money or grant by the Government of India or the State Government during the lease period, the lessee shall be entitled to receive the same. (5)During the lease period, the boundary survey mark and demarcation etc. of the land shall not be removed or damaged by the lessees. (6)On the expiry of the term of the lease or for non-payment of the amount of the lease within the stipulated time or for non-compliance with the conditions of the lease, or for the use of the land for the purpose other than for which lease was granted or on leases allowing on giving on lease or sub lease or in case of damage to leased land the lease can be terminated by giving a notice in written. (7) If the lessee takes any kind of grant or bank loan on the crop, there will be no effect on the lessors land and the lessee will be responsible for any kind of dues. (8) On the expiry of the lease period or if the conditions of the lease are violated or the lessor does not return the possession of the leased land to the lessor even after lessors request, then the lessor will have to apply to the collector for eviction of the lessee. The collector shall decide the dispute within four weeks of the receipt of such application and by evicting the lessee and getting the lessor back in possession of his land for which he may use or cause to be used such force as he may deem necessary, besides eviction and repossession the bhumidhar will also be entitled to a damaged rupees 10000/- per day from the date of decision of collector to evict lessee till date of actual possession..

Section 112. Section 112. Section 112 Allotment of Land On receipt of a proposal from the Land Management Committee/Local Body the Assistant Collector 1st Class after making necessary inquiry along with his report shall forward the same for approval of the Collector and on approval of the Collector the Assistant Collector 1st Class shall issue orders of granting Bhumidhar with Non Transferable Rights to any person and make necessary Revenue Record entries, provided That it is vacant land That the land is vested in Land management committee/local body The land has been transferred to the land management committee/local body under any other provision of law for the time being in force..

Section 113 read with 95 (3). Section 113 read with 95 (3).

Section 135(k) and 141 (1). Section 135(k) and 141 (1).

Section 140(4). Section 140(4). Section 140(4) Every summon shall be accompanied by a copy of the plaint along with all documents/evidence filed by the plaintiff with his pleading. That court shall send summon to the defendant and in case of more than one defendant then to all such defendant simultaneously by Court clerk/Amin by Registered post with acknowledgment due, by courier, by email on address mentioned in plaint and by whatsapp on mobile number/sms simultaneously and one copy of the summon will be sent to the concerned Gram Pradhan or Parshad as the case may be who shall inform the Party accordingly..

Section 133 (2) (e). Section 133 (2) (e). Section 133(2)(e) Every plaint, when filed by a party, shall be accompanied by a statement stating address, telephone no., email, aadhaar no. on which notice etc. have to be sent to him and in event of any change in address/phone number/email the party shall immediately file such changed address/phone number/email in the court. The party shall also along with his pleading submit in statement the name, address/phone number/email of the person who may be his legal heir or not who should be impleaded as a party in his place in an event of this death during the pendency of the suit and in when such substituted party appears after being substituted, he shall file a similar statement as stipulated in this section before he can participate in proceeding. That besides the name and address as aforesaid the plaint shall be accompanied with an affidavit of the Person so named to be substituted confirming the fact that he shall be contesting and defending the interest of deceased and his legal heir in event of the death of the Party/Plaintiff/Defendant. That the party shall also supply a list of his legal heir along with their names, address, mobile number, email, aadhaar number who should be informed in event of his death and who shall on information have the Right to come and join Pleading in event of Death of Plaintiff/Defendant. Explanation I: It is clarified here that such nomination will not effect the Right to inheritance or create any special Right in favour to the Person named and this is only for contesting of the case and continuity of legal proceeding. That upon being informed on coming into knowledge of death of any party the court shall on its own substitute the person named by the party under sub section in place of deceased party and a notice to such substituted party calling upon him to come and contest the case shall be issued by the court as well as serve a Notice on all Persons named as legal heir and service of summon on one legal heir will deemed to be service on all. Explanation II: The legal heir if they so choose will also be joined a Parties by court in the suit upon an application being made by them but once the intimation has been sent to person so nominated by the court that he has been impleaded as a party by the court the suit shall proceed and not abate..

Section 147. Section 147. Section 147 That once the pleading are complete notwithstanding any thing to the contrary contained in this code the court Suo Moto or an application made by a party but before framing of issue, if following grounds exists: That the matter can be decided on basis of documentary evidence only and there is no need of any oral evidence to be considered and there is no dispute or challenging to such documentary evidence the court shall decide the matter summarily based on evidence on record and pleading. That the dispute can be decide based on law only. That the dispute can be decided based on admission of Party. That defendant despite service has not appeared and file written statement. It can decide the matter by a summary decision, by omitting the Requirement of oral evidence. The such Judgement will take in final and binding but party aggrieved can file an appeal as provided against such Judgement and in case of clause (d) take up all defence available to it in such appeal and clearly Rebutt all facts..

Section 146(3) and 166(2). Section 146(3) and 166(2).

Section 146(3) and 147. Section 146(3) and 147. Section 146(3) That once the Plaintiff has taken necessary steps and defendant has been served no suit shall be dismissed for default and in case of absence of Plaintiff on subsequent date the suit shall be decided on merits based upon Pleading and Evidence already on Record and if aggrieved the Plaintiff can file an appeal against such Judgement and such Judgement will deemed to be a summary judgement. Where the defendant has not filed a pleading, it shall be lawful for the court to pronounce judgment on the basis of the facts contained in the plaint and proved by evidence filed by Plaintiff except as against a person under a disability, but the Court may, in its discretion, require any such fact to be proved..

Section 168. Section 168. Section 168 Powers of Appellate Court in First Appeal and Second Appeal.- (1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power- to determine a case finally; in rare and exceptional cases by a speaking order clearly detailing reasons why the case cannot be decided by the appellate court the 1st appellant can remand the case for some specific purpose to be done by the trial court and then after the file be Returned to the appellate court for final judgement; to frame issues; to take additional evidence and decide the matter; The 1st appellate court shall have all powers which the trial court had..

Section 156(2). Section 156(2). 156 (2) Any party may address ‘oral arguments in a case, and shall, before he concludes that oral arguments, if any, submit a concise and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record..

Section 158(4). Section 158(4). 158(4) Court to state its decision on each issue.- In suits in which issues have been framed, the Court shall state its finding or decision, with the reasons therefore, upon each separate issue, unless the finding upon any one or more of the issue is sufficient for the decision of the suit finding on issue must contain true reason why court has decide the issue including reason of Relying upon on Rejection and evidence and proposition of law and in absence of such finding the Judgement will be liable to be set aside. In all Judgement when the court decide to summarily decide the suit it shall giving his reasons for deciding the case summarily beside this despite the fact that no issue are to be framed but point for determination will have to be framed and reason for decision on each point will have to be given though these point of dispute may be framed by the court at the time of judgment and may not be reflected in daily order sheet..

Section 129(7). Section 129(7). Section 129 Revenue Courts shall have the same powers as are vested in Civil court under the provision of code of Civil Procedure 1908 with its amendments adoption and modification while trying any suit or Petition appeal or Review/Revision or any other proceeding in Respect of following matter but subject to modification as provided by this code: Summon and enforcing of attendance of all witness and document/records. Requiring discovery and production of any document or record. Receiving evidence by affidavit and ordering cross examination though court appointed advocate commissioner or by video conference Issuing of commission for site inspection, examination witness or documents. Any other matter which may be prescribed by Rules under this code. Adjourn any proceeding to any other date but subject to the condition that with every adjournment the court fees on adjournment shall be doubled. Ordering of Hearing and examination of witness to be held by Video Conference. Fixature of time to be allotted to any party in lawyer to present his arguments.

Section 64 and 66. Section 64 and 66. Section 64 Uploading of cases registered before any Revenue Court on the server of the Revenue Board - All the cases under this code filed in any Revenue court or before any Revenue officer shall simultaneously with filing of Hard Copies be uploaded on the server of the Board of Revenue containing the following details: -Court Name -Case Type -Case No. Year -Village name -Survey Number involve in Case -Khatauni Number -Computer generated unique No. (To be generated by computer at the first instance of filing of Plaint, appeal, revision, review) -Name of Plaintiff – Name, Address, email, Mobile Number, Aadhar Number, Father Name -Name of all Defendant/opposite parties – Name, address, email, Mobile Number, Aadhar Number, Father Name -Relief Sought Section of this code under which application/petition/plaint filed. -PDF Copy of Plaint/Petition/Application -PDF Copy of all documents evidence -PDF copy of all affidavit -PDF copy of application if any.

Section 66 Records in the form of hard copy to be kept in the court during the pendency of the proceedings and soft copy to be uploaded on the server of the Revenue Board on real time basis - The record in form of hard copies will be kept in the court during the pendency of proceeding and after final disposal consigned to collector Record Room in the same manner as is being done on the date of the enactment of this code till such time a alternative procedure is prescribed or present procedure modified or amended, the existing provision will continue to this extend and will not stand repealed to such extent and soft copies shall be kept on Board of Revenue server..

Section 197. Section 197. Section 197 Every Land owner will be liable to pay an amount of Rupees 1 (one) on each sq mts of land held and owned by him and this liability shall be in addition to any other property or house tax already being paid under any other law in force for the time being or 0.1 percent of circle rate of the land which ever in lower or at such other rate as may be fixed by Board of Revenue in consultation with State Government..