157. Class of tenure.—

There shall be only one class of tenure-holders of lands held from the State to be known as Bhumiswami.

158. Bhumiswami.—

(1) Every person who at the time of coming into force of this Code, belongs to any of the following classes shall be called a Bhumiswami and shall have all the rights and be subject to all the liabilities conferred or imposed upon a Bhumiswami by or under this Code, namely :—

(a) every person in respect of land held by him in the Mahakoshal region in Bhumiswami or Bhumidhari rights in accordance with the provisions of the Madhya Pradesh Land Revenue Code, 1954 (II of 1955);

(b) every person in respect of land held by him in the Madhya Bharat region as a Pakka tenant or as a Muafidar, Inamdar or Concessional holder, as defined in the Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (66 of 1950);

(c) every person in respect of land held by him in the Bhopal region as an occupant as defined in the Bhopal State Land Revenue Act, 1932 (IV of 1932);

(d) (i) every person in respect of land held by him in the Vindhya Pradesh region as a pachapan paintalis tenant, pattedar tenant, a grove holder or as a holder of tank as defined in the Vindhya Pradesh Land Revenue and Tenancy Act, 1953 (III of 1955);

(ii) every person in respect of land (other than land which is a grover or tank or which has been acquired or which is required for Government or public purposes) held by him in the Vindhya Pradesh region as a gair haqdar tenant and in respect of which he is entitled to a patta in accordance with the provisions of sub-section (4) of Section 57 of the Rewa State Land Revenue and Tenancy Code, 1935,

(iii) every person in respect of land held by him as a tenant in the Vindhya Pradesh region and in respect of which he is entitled to a patta in accordance with the provisions of sub¬sections (2) and (3) of Section 151 of the Vindhya Pradesh Land Revenue and Tenancy Act, 1953 (III of 1955), but has omitted to obtain such patta before the coming into force of this Code.

(e) every person in respect of land held by him in Sironj region as a khatedar tenant or as a grove holder as defined in the Rajasthan Tenancy Act, 1955 (3 of 1955).

(2) A Ruler of an Indian State forming part of the State of Chhattisgarh who, at the time of coming into force of this Code, was holding land or was entitled to hold land as such Ruler by virtue of the covenant or agreement entered into by him before the commencement of the Constitution, shall, as from the date of coming into force of this Code, be a Bhumiswami of such land under the Code and shall be subject to all the rights and liabilities conferred and imposed upon a Bhumiswami by or under this Code.

(3) Every person—

(i) who is holding land in Bhoomiswami right by virtue of a lease granted to him by the State Government or the Collector or the Allotment Officer on or before the commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 1992 from the date of such commencement, and

(ii) to whom land is allotted in Bhoomiswami right by the State Government or the Collector or the Allotment Officer after the

commencement of the Madhya Pradesh Land Revenue Code

(Amendment) Act, 1992 from the date of such allotment,

shall be deemed to be a Bhoomiswami in respect of such land and shall be subject to all the rights’ and liabilities conferred and imposed upon a Bhoomiswami by or under this Code :

Provided that no such person shall transfer such land within a period of ten years from the date of lease or allotment.

1[(4) Every person, who is holding land by virtue of a lease granted to him by the State Government or the Collector or the Allotment Officer, on the date of completion of 20 years since the date of such allotment, shall be deemed to be a Bhoomiswami in respect of such land and shall be subject to all the rights and liabilities conferred and imposed upon a Bhoomiswami by or under this Code.]

(1. Inserted by C.G. Act No. 15 of 2022, w.e.f. 7-10-2022.) 

Explanation—In this section, the expression "Ruler" and "Indian State" shall have the same meanings as are assigned to these expressions in clauses (22) and (15) respectively by Article 366 of the Constitution of India.

159. Land revenue payable by Bhumiswamis.—

Every person becoming a Bhumiswami under Section 158 shall pay as land revenue

(a) if he was paying land revenue in respect of the lands held by him such land revenue; or

(b) if he was paying rent in respect of the lands held by him an amount equal to such rent.

160. Revocation of exemption from liability for land revenue.—

(1) Every Muafi or Inam land, wherever situate, which was heretofore exempted from payment of the whole or part of the land revenue by a special g^ant from the Government or under the provisions of any law for the time being in force or in pursuance of any other instrument shall, notwithstanding anything contained in any ,such grant, law or instrument be liable from the commencement of the revenue year next following the coming into force of this Code, to the payment of full land revenue assessable thereon.

(2) Where any such Muafi or Inam land is held for the maintenance or upkeep of any public religious or charitable institution, the State Government may, on the application of such institution, in the prescribed form and made within such time as may be prescribed grant to it such annuity not exceeding the amount of the exemption from land revenue enjoyed by it, as may be considered reasonable for the proper maintenance or upkeep of such institution or for the continuance of service rendered by it.

(3) The annuity granted under sub-section (2) shall be subject to such conditions as may be prescribed and may from time to time be revised or withdrawn by the State Government.

(4) Where an application is made under sub-section (2), the recovery of land revenue from the institution concerned shall be stayed until the decision of the application.

161. Reduction of revenue during the currency of l[land revenue assessment].—

(1) At any time during the currency of the i[land revenue assessment] the Collector may, in accordance with such rules as may be made in this behalf, on the application of a Bhumiswami or of his own motion reduce the revenue in respect of any land on any of the following grounds, namely :

(i) that the land has been wholly or partially rendered unfit for cultivation in consequence of floods or other cause beyond the control of such Bhumiswami;

(ii) that any irrigation source, whether new or old, constructed and maintained at the cost of the State has fallen into disrepair and has ceased to irrigate the whole or any part of his holding to which an enhanced rate of revenue has been applied on account of irrigation;

(iii) that any private irrigation source has for any cause beyond the control Bhumiswami, ceased to irrigate the whole or any part of the holding which has been assessed to enhanced land revenue on account of irrigation;

(iv) that the revenue payable by the Bhumiswami in respect of the land is more than the revenue calculated at the rate fixed at the last i[land revenue assessment] or under any other law for such land;

(v) that the area of the holding of such Bhumiswami has decreased for any reason below the area on which the existing land revenue was assessed.

(2) Where any reduction is ordered under sub-section (1), such reduction shall take effect from the commencement of the revenue year next following the date of the order.

(3) If the cause for which revenue has been reduced under sub-section (1) subsequently ceases or is removed, the Collector may, after giving the Bhumiswami a reasonable opportunity of being heard, make an order directing that such reduction shall cease to be in force and on such order being passed, the reduction shall stand revoked from the commencement of the revenue year next following the date of the order.