Sec 1 to 4 Chapter I (Preliminary)UTTAR PRADESH REVENUE CODE, 2006

Sec 1 to 4 Chapter I (Preliminary)UTTAR PRADESH REVENUE CODE, 2006

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1.Short title, extent and commencement-

(1) This Act may be called the Uttar Pradesh Revenue  Code, 2006.  

(2) It extends to the whole of Uttar Pradesh.  

(3) 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.  

1.Vide Noti. No.1879/1-1-2015-15(1)/1998-19 T.C.IIIl, Date 18-12-2015 Sec.1,4,5,6,7,8,9,10,11,12,13,14, 15,16, 17,18, 19, 233 and 234 of the U.P. Revenue Code, 2006 shall come into force on dated 18-12-2015 and remaining provisions of said Act shall into force on dated 11-2-2016. 

2. Applicability of the Code. -

The provisions of this Code, except Chapters VII 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.  

3. 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to in the said sub-section, which are inconsistent with the  provisions so applied, shall be deemed to have been repealed.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).  

4. Definition-

In this Code-  

(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 sahan and green trees, wells etc. or which may have been or be  hereafter reserved for such use; 

(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-  

(a) an Additional Collector appointed by the State Government under sub section (2) of the  said section; and  

(b) 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  section69;  

[ 1(10)] . family, in relation to a tenure-holder, means himself or herself and his wife or her  husband or third gender spouse, as the case may be, (other than a judicially separated wife or  husband or third gender spouse), minor sons and minor daughters other than married daughters  and third gender minor issue.  

Explanation-

Third Gender means such a person who is of a gender different from the male or  female gender.  

(11) ‘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;  

(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-  

(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, leveling or terracing of land;  (iv) 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  (v) the renewal or reconstruction of any of the foregoing works, or alteration therein or additions  thereto;  

(14) ‘land’, except in Chapters VII and VIII and sections 80, 81 and section 136, means land  held or occupied for purposes connected with agriculture;  

(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, Settlkement 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;  

(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; 

(23) ‘agricultural year’ means an year which begins from the first day of July and ends on  thirtieth day of June of a calendar year. It is also characterised as ‘fasli year’; 

(24) ‘intermediary’ with reference to any estate means a proprietor, underproprietor,sub proprietor, thekedar, permanent lessee in Avadh and permanent tenure-holder of such estate or  part thereof;  

(25) ‘lease’ in relation to mines and minerals shall include a sub-lease, a prospecting lease and  an agreement to lease or sublet, and ‘lessee’ shall be construed accordingly; 

(26) ‘decree’ shall have the meaning assigned to it in the Code of Civil Procedure, 1908 (Act  no.V of 1908);  

(27) ‘State Government’ means the Government of Uttar Pradesh;  

(28) ‘Central Government’ shall have the meaning assigned to it in section 3 of the General  Clauses Act, 1897 (Act no.X of 1897);  

(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.  

1. subs. by U.P.Act No. 28 of 2020, sec 2

 

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