Sec 1 to 2 Chapter I (Preliminary) The Chhattisgarh Land Revenue Code, 1959

Sec 1 to 2 Chapter I (Preliminary) The Chhattisgarh Land Revenue Code, 1959

1. Short title, extent and commencement.—

(1) This Act may be called the Chhattisgarh Land Revenue Code, 1959.

(2) It extends to the whole of Chhattisgarh but nothing contained in this Code except the provisions relating to liability of land for payment of land revenue the assessment of land revenue with reference to the use of land, realisation of land revenue and all provisions ancillary thereto shall apply to such areas as may, from time to time, be constituted as reserved or protected forest under the Indian Forest Act, 1927 (XVI of 1927):

Provided that the aforesaid provisions of the Code shall apply with reference to the use of land in such areas for one or more of the purposes specified in Section 59.

(3) This Code shall come into force on such date as the State Government may, by notification, appoint.

2. Definitions—

(1) In this Code, unless there is anything repugnant to the subject or context,—

(a)"abadi" means the area reserved from time to time in a village in a non-urban area for the residence of the inhabitants thereof or for purposes ancillary thereto, and any other local equivalent of this expression such as "village site" or "gaonsthan" shall also be construed accordingly;

(b) "agriculture" includes—<

(i)the raising of annual or periodical crops including betel leaves (Pan) and watemuts (Singhara) and garden produce;

(ii) horticulture;

(iii) the planting and upkeep of ^commercial plantations,] orchards; and

(iv) the reserving of land for fodder, grazing or thatching grass;

(c) "agricultural year" means the year commencing on the first day of July or such other date as the State Government may, by notification, appoint;

(d) "Board" means the Board of Revenue constituted under Section 3;

(e) "bonafide agriculturist" means a person who cultivates land personally or who may reasonably be expected to cultivate personally;

(f) "co-operative society" means a society registered as such under any law relating to Co-operative societies in force for the time being in any region of the state;

(g) "Government forest" means a forest constituted as a reserve forest or protected forest in accordance with the provisions of the Indian Forest Act, 1927 (XVI of 1927);

(h) "Government lessee" means a person holding land from the State Government under Section 181;

 

(i)  "holding" means—

(i)      a parcel of land separately assessed to land revenue and held under one tenure; and

(ii)     in reference to land held by a tenant a parcel of land held from a Bhumiswarhi under one lease or set of conditions;

(j)    "improvement" means with reference to a holding, 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—

(i)      the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;

(ii)     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;

(iii)     the planting of trees and the reclaiming, clearing, enclosing, levelling or terracing of land;

(iv)     the erection of buildings on or in the vicinity of the holding, elsewhere than in the abadi or urban area, required for the convenient or profitable use or occupation of the holding; and

(v)     the renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto;

but does not include—

(a)     temporary wells and such water channels, embankments, levelling, enclosures or other works or petty alterations in or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture; or

(b)     any work which substantially diminishes the value of any land, wherever situated, in the occupation of any other person, whether as Bhumiswami or occupancy tenant;

Explanation.—A work which benefits several holding may be deemed to be an improvement with respect to each of such holdings;

(k)      "land" means a portion of the earth's surface whether or not under water; and, where land is referred to in this Code, it shall be deemed to include all things attached to or permanently fastened to any thing attached to such land;

(l)    "landless person" means a person who is a bonafide agriculturist and who whether individually or jointly with other members of no lands or land less than the area which may be prescribed in this behalf;

Explanation.—For purposes of this clause the family of a person shall be deemed to consist of this spouse, issue and parents.

(m)     "land records" means records maintained under the provisions of this Code;

(n)     "legal practitioner" means any person entitled to practice in any of the courts in Chhattisgarh under the Legal Practitioners Act, 1879 (XVIII of 1879)[1], or under any other law for the time being in force;

(o)     "mango grove" means mango trees planted in such numbers that they preclude or when full grown are likely to preclude the land on which they stand or any major portion thereof from being used primarily for any purpose other than planting of trees;

1[(o-a) ' Market Value" means the value of land assessed according to the guidelines issued by the Collector under the Chhattisgarh Bajar Mulya Margdarshak Siddhanton Ka Banaya Jana Tatha Unka Punrikshan Niyam, 2000 made under the Indian Stamp Act, 1899 (No. 2 of 1899);]

2[(o-b) "Urban land" means land adopted for other use except agriculture in master plan / development policy of the urban areas;]

(p)     "orchard" means fruit trees planted in such numbers that they preclude or when full grown are likely to preclude the land on which they stand or any major portion thereof from being used primarily for any purpose other than planting of trees;

(q)     "plot number" means a portion of land in urban area formed into or recognised as a plot number under Section 93, in respect of vzhich the area and the land revenue payable are separately entered in the prescribed records under an indicative number and include any portion of land entered in the previous records under an indicative number known as khasra or survey number;

(r) "recognised agent" in reference to a party to proceeding under the Code means-

 

(i)      a person authorised under a power of attorney by such party to make appearance and applications and to do other acts on his behalf in such proceedings; and

(ii) a person authorised in writing by such party to make appearance on his behalf in such proceedings;

(s)     "region" means the Mahakoshal region, the Madhya Bharat region, the Bhopal region, the Vindhya Pradesh region and the Sironj region, or any of these, as the case may be;

(t)    "rents" means whatever is paid or in payable in money or in kind—

(i)      x[* * *] by a lessee to his Bhumiswami on account of the use or occupation of land held by him from such Bhumiswami; or

(ii)    by a Government lessee to the Government on account of the use or occupation of land leased out to him by the Government;

2[(u) "Revenue Officer" means the Revenue Officer mentioned in Section 11;]

(v)  "revenue year" means the year commencing on such date as the State Government may, in the case of any special local area, by notification, appoint;

(w) "sub-division of a survey number" means a portion of a survey number in respect of which the area and the land revenue payable are separately entered in the land records under an indicative number subordinate to that of the survey numbers of which it is a portion;

(x)    "survey number" means a portion of land in non-urban area formed into, or recognized as a survey number at the last preceding revenue survey, or subsequently recognised as such by the Collector, in respect of which the area and land revenue payable are separately entered under an indicative number in the land records; and includes, any portion of land entered in the land records under an indicative number known as the khasra number;

(y)  3[* * *]

(z) "tenure-holder" means a person who holds land from the State Government and who is or is deemed to be Bhumiswami under the provisions of this Code;

(z-1) "timber trees" means trees or the following species namely :—

(i)       Tectona grandis (sagwan);

(ii)      Pterocarpus Marsumpium (bija);

(iii)       Dalberia latifolia (shisham);

(iv)        Shorea robusta (sal);

(v)         tinsa;

(vi)        Terminalia tomentosa (ain or saj);

(vii)       Santalumalbam (Chandan);

   (viii) Adina car ds folia (Haldoo);

(ix)        Mitragyna parviflora (Mundi);

(x)        Terminalia arjuna (Arjun);

(xi)        Diospyros melanoxylon (Tendu);

(xii)       Gmelina arborea (Khamhar).]

(z-2) "to cultivate personally" means to cultivate on one's own account—

(i)       by one's own labour; or

(ii)      by the labour of any member of one's family, or

(iii)       by servants on. wages payable in cash or kind but not in crop share, or

(iv)       by hired labour under one's personal supervision or the personal supervision of any member of one's family;

(z-3) "unoccupied land" means the land in a village other than the abadi or service land, or the land held by a Bhumiswami, a tenant, or a Government lessee;

 

(z-4) "urban area" means the area for the time being included within the limits of any municipal corporation or any municipality or notified area constituted under any law for the time being in force relating to municipalities or any village or group of villages which , may be specified by the State Government as urban area; and the expression "non-urban area" shall be construed accordingly;

 

(z-5) "village" means any tract of land which, before the coming into force of this Code, was recognised as or was declared as a village under the provision of any law for the time being in force and any other tract of land which is hereaifter recognised as a village at any revenue survey or which the State Government may, by notification, declare to be a village;

(z-6) "Development Plan" shall have the same meaning as defined in the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973).]

(2)    Any reference made in this Code to the date of coming into force of this Code shall be construed as a reference to the date appointed by notification under sub-section (3) of Section 1.

 

 (1. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)

([1] Now the Advocates Act, 1961 (25 of 1961).

(Inserted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.)

(Inserted by C.G. Act No. 18 of 2015, w.e.f. 29-4-2015.)
(1.       The words "by an occupancy tenant to his Bhumiswami according to the provision; of Section 188 or" omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.

2.       Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution clause (u stood as under :—

'(u) "Revenue Officer" in any provision of this Code means such Revenue Officer a: the State Government may, by notification, direct to discharge the functions of i Revenue Officer under that provision;'

3.       Omitted by C.G. Act No, 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (y) stoo< as under

’ '(y) "tenant" means a persons holding land from a Bhumiswami as an occupanc tenant under Chapter XTV;'.)
 
(Inserted by C.G. Act No. 31 of 2002, w.e.f. 3-11-2002.)