Madhya Pradesh Land Revenue Code, 1959: At a Glance

“An Act to consolidate and amend the law relating to land revenue, the powers of Revenue Officers, rights and liabilities of holders of land from the State Government, agricultural tenures and other matters relating to land and the liabilities incidental thereto in Madhya Pradesh.”

The primary source for India is the revenue generated from the taxation of land has been a primary source for India since ancient times. The cultivable land was taxed as per zamindari system during the British times. After then, zamindari abolition act implemented post independence in India for abolishing the practice of zamindari including Madhya Pradesh, Vindhya Pradesh and Bhopal. This was followed by the constitution of a board of Revenue by the State government via a notification dated 1st November, 1956, wherein the State government delegated the appellate and existence from the year 1959, empowering the Board to exercise the powers delegated to it.

This code unites laws related to revenue, functions of the Revenue Officers, rights and duties of land bearers, agricultural tenures and rates. Currently, this code contains 264 sections and 3 schedules. The extend and applicability of the said Code is mentioned in Chapter 1 and is applicable to the whole territory of Madhya Pradesh except the areas mentioned as reserved under Indian Forest Act, 1927.

Idea of Land Revenue

The said code defines every land including standing and flowing waters, mines, quarries and subsoil as the State’s property. Sub Divisional Officer decides the matters in regard with the dispute with the State. A civil suit questioning the validity of the order passed can be instituted if a party remains aggrieved by the order passed. The state, being the owner, receives revenue from all the land except for the land exempted by the State Government by a contract or a special grant. The land with respect to “uneconomic holding” used for the sole purpose of agriculture is exempted from land revenue.

Assessment of the Land and the Provision of Land Record

The purpose to which land is put into use is how the assessment of revenue is done. If the land gets shifted or diverted, then the land will be assessed on the basis of the diverted purpose and in such case the officer can even impose a premium or diversion. Provision of Land Record necessitates the preparation of the rights of record during a revenue survey that majorly consist the details of occupants including their names, plot numbers. The said code provides for the preparation of a field ma demarcating the boundaries of survey numbers and the areas occupied by the private holders of the village.

Revenue Survey and Rent Settlement

The process of dividing the land into survey numbers and grouping them into village, soil classification, preparation of field maps and preparation of records of rights is defined as revenue survey under this Code. Under the control of the Settlement officer appointed by the state conducts the revenue survey operation for non-urban areas. The revenue survey is then followed by the determination of the revenue payable for the land which is termed as settlement by the code. The Settlement officer is empowered for putting forward the rates assessed before the State for the approval. The fixation of the rates would be on the principle of fair assessment.

Land Revenue Collection

The list of people liable to the payment of the revenue, including a Bhumiswami or a lessee is provided under Section 138 of the code. There will be a joint and several liabilities on the part of the occupants to make payment in case a holding is occupied by more than one such occupant. On the first day of the revenue year, the revenue is payable in instalments as per the rules devised by the state. A person is said to be a defaulter if a person is failed to pay the revenue on the dates of the payment and if such payment is not made within one month of the prescribed date then a penalty is imposed upon the defaulter.

Government Lessee

Section 180 of the code defines Government lessee as the holding of the State Government’s property or the person to whom the government has granted the right to occupy. The Code outlines certain right and liabilities of a lessee that majorly includes conforming to the terms and conditions set by the government. Any contravention by expiration of the period of rent term or using land for purpose other than it was allotted would amount to the ejection of the lessee from the premises by the Revenue Officer.

Unoccupied Land

The code further authorizes The Collector to distinguish the unoccupied land and use them for public use. That land cannot be set aside for public purpose if it is in disharmony with the development plan of the state. The Code further provides that all the fruits bearing trees planted by the people on such unoccupied land, before the commencement of the Code, would continue to benefit or enjoy the entitlement without paying any royalty to the Government.

Conclusion

The Code hence consolidates all the laws regarding the revenue related matters into a code, which can be called as Madhya Pradesh Land Revenue Code, 1959.The provisions embody all the important aspects in the area of the revenue to ease out the administration of land revenue system in Madhya Pradesh. The Code concludes with some miscellaneous yet relevant provisions. A framework of rules that the authorities are supposed to follow are provides in the Schedules of the Code.