SEC 1 - 4 OF lAND REVENUE CODE

Sec 1 to 4
Short title, extent and commencement.

(1) This Act may be called the Uttar Pradesh Revenue Code, 2006.
• It extends to the whole of Uttar Pradesh.
• It shall come into force on such date as the State Government may, by
notification, appoint, and different dates may be appointed for different areas
or for different provisions of this Code.
• All the Legislation of U.P relating to land tenures and land revenue have been
consolidated in the name of U.P Revenue code, 2006.
• This code has effect in repealing U.P ZALR,1950 AND LR, 1901
• Passed by LA and assented by president on 29 Nov 2012
• Sec 1,4-19,233,234 came into force on 18 Dec 2015 and remaining came on 11
Feb 2016
Applicability of the Code
• The provisions of this Code, except Chapters VIII and IX shall apply to
the whole of Uttar Pradesh, and Chapters VIII and IX shall apply to the
areas to which any of the enactments specified at serial numbers 19
and 25 of the First Schedule was applicable on the date immediately
preceding their repeal by this Code.
• Sec 218 power to exempt from provisions of this code.
• Sec 231 as to pending cases.
Extension of the Code to new areas
1. Where after the commencement of this Code, any area is added to
the territory of Uttar Pradesh, the State Government may, by
notification, extend the whole or any provision of this Code, to such
area.
2. Where any notification is issued under sub-section (1), the
provisions of any Act, rule or regulation in force in the area referred
to in the said sub-section, which are inconsistent with the
provisions so applied, shall be deemed to have been repealed.
3. The State Government may, by a subsequent notification, amend,
modify or alter any notification issued under sub-section (1).
Definitions
1. abadi’ or ‘village abadi’ means such area in a village which, on the
date of commencement of this Code, is being used for the purposes of
residence of its inhabitants or for purposes ancillary thereto such as
green trees, wells etc. or which may have been or be hereafter reserved
for such use.
Sec 4(2)agriculture includes horticulture, animal husbandry, pisciculture, flower farming,
bee keeping and poultry farming;
3.agricultural labourer means a person whose main source of livelihood is manual
labour on agricultural land;
4.Bank shall have the meaning assigned to it in the Uttar Pradesh Regulation of Money
Lending Act, 1976;
5.Bhumi Prabandhak Samiti means a Bhumi Prabandhak Samiti constituted under
section 28-A of the U.P. Panchayat Raj Act, 1947;
6.Board means the Board of Revenue constituted or deemed to be constituted under
section 7;
7.charitable institution means any establishment, undertaking, organisation or
association formed for a charitable purpose, and includes a specific endowment;
8. Collector means an officer appointed as such by the State Government under sub-section
(1) of section 12, and shall include-
• an Additional Collector appointed by the State Government under sub- section (2) of the
said section; and
• an Assistant Collector of the first class empowered by the State Government by
notification to discharge all or any of the functions of a Collector under this Code;
9. Consolidated Gaon Fund means the Consolidated Gaon Fund constituted under section 69;
10. family, in relation to a tenure-holder, means himself or herself and his wife or her
husband, as the case may be, (other than a judicially separated wife or
husband), minor sons and minor daughters other than married daughters:
Provided that where the question relates to the transfer of any land and the transferee is a
minor, the expression ‘family’ shall include the parents of such minor;
Sec 4 (11)Grove Land
• grove land means any specific part of land in a holding having trees (not
including papaya or banana plants) planted thereon in such manner that
• they preclude, or when full grown will preclude, the land or any
considerable portion thereof from being used primarily for any other
purpose,
• and the trees on such land shall constitute a grove.
• Preclude the Land for agricultural purpose: whether holding is grove
Land or not depends on the test that preclude it for the use of agriculture
that is trees should be large enough to prevent the land from primarily
for any other purpose.
• AMBAR SINGH V. ALLAHABAD BANK LTD, 1977
• IN THIS CASE SC HELD THAT THE GROVES ARE THE COLLECTION OF
TREES IN PLOTS OF LAND SO AS TO PRECLUDE CULTIVATION IN THEM.
• THUS THE TREES SO PALNTED IS GROVE LAND.
12. Holding means a parcel of lands held under one tenure or one lease,
engagement or grant;
13. improvement’, in relation to a holding, means any work which adds
materially to the value of the holding which is suitable thereto and
consistent with the purpose for which it is held and which, if not executed
on the holding, is either executed directly for its benefit or is, after
execution, made directly beneficial to it, and, subject to the foregoing
provisions, includes-
• the construction of tanks, wells, water channels, embankments and other
works for storage, supply or distribution of water for agricultural
purposes;
• the construction of works for the drainage of land or for the
protection of land from floods, or from erosion or other damage from
water;
• the planting of trees and the reclaiming, clearing, enclosing, leveling
or terracing of land;
• the erection of buildings on, or in the vicinity of the holding
elsewhere than in an abadi or urban area, required for the convenient
or profitable use or occupation of the holding; and
• the renewal or reconstruction of any of the foregoing works, or
alteration therein or additions thereto.
15. land holder means the person to whom rent is or but for a contract, express or
implied, would be payable;
16. Revenue Court means all or any of the following authorities (that is to say) the
Board and all members thereof, Commissioners, Additional Commissioners,
Collectors, Additional Collectors, Chief Revenue Officers, Assistant Collectors,
Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant
Record Officers, Tahsildars, Tahsildars (Judicial) and Naib Tahsildars;
17.Revenue Officer means the Commissioner, an Additional Commissioner, the
Collector, an Additional Collector, the Chief Revenue Officer, the Sub-Divisional
Officer, an Assistant Collector, the Settlement Officer, an Assistant Settlement
Officer, the Record Officer, an Assistant Record Officer, the Tahsildar, the Tahsildar
(Judicial), the Naib Tahsildar and the Revenue Inspector;
REVENUE COURTS AND REVENUE
OFFICERS
• There were mainly two acts U.P ZALR AND LR dealing with the procedure
of Revenue courts before the commencement of U.P Revenue Courts
before the commencement of U.P Revenue Code, 2006.
• ZALR provided substantive portion of the land law whereas the
procedural aspect of the land is contained in U.P LR ACT 1901.
• Procedure of Revenue courts and revenue officers of UP LRA, 1901 had
been supplemented with by rules framed by the state government and
the board of revenue under sec 234.
• Powers and procedure of RO AND RC were described in these Acts and
now contained in U.P Revenue code, 2006.
• A.K. GOPALAN V. STATE OF MADRAS, 1950
• It has been explained that the procedural law lays down the manner
and form of enforcing Substantive law. Substantive law creates right
to sue..
• In this way procedural law includes all those actions by which the
aggrieved party takes help of the court to enforce their rights.
18. Sub-Divisional Officer means the Assistant Collector in charge of the
Tahsil;
19. taungya plantation means the system of afforestation in which the
plantation of trees is, in the earlier stages, done simultaneously with
the cultivation of agricultural crops which ceases, when trees so
planted begin to form a canopy, rendering the cultivation of agricultural
crops impossible;
20.village means any local area whether compact or otherwise, recorded
as a village in the revenue records of the district concerned, and includes
an area which the State Government may, by general or special
notification, declare to be a village;
21. village artisan means a person whose main source of livelihood is
manufacture or repair of traditional tools, implements and other articles
or things used for agriculture or purposes ancillary thereto, and includes
a carpenter, weaver, potter, blacksmith, silversmith, goldsmith, barbar,
washerman, cobbler or any other person who normally earns his
livelihood by practising a craft either by his own labour or by labour of
any member of his family in any village;
22. words and expressions ‘Gaon Fund’, ‘Gram Sabha’ and ‘Gram
Panchayat’ shall have the meanings assigned to them in the U.P.
Panchayat Raj Act, 1947;
29. Minjumla number means a shajra number denoting a component
part of a field which has theoretically been partitioned but physically
has not been partitioned.

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Sec 1 to 4

Short title, extent and commencement.

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