230. Repeal. -

(1) The enactments specified in the First Schedule are hereby repealed.

(2) Notwithstanding anything contained in sub-section (1), the repeal of such enactments shall not affect-

(a) the continuance in force of any such enactment in the State of Uttarakhand;

(b) the previous operation of any such enactment or anything duly done or suffered there under; or

(c) any other enactment in which such enactment has been applied, incorporated or referred to; or

(d) the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title or obligation or liability already acquired, accrued or incurred (including, in particular, the vesting in the State of all estates and the cessation of all rights, title and interest of all the intermediaries therein), or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted or the proof of any past act or thing; or (e) any principle or rule of law or established jurisdiction, form or course of pleading, practice or procedure or existing usage, custom, privilege, restriction, exemption, office or appointment:

Provided that manuals,assessments, anything appointments done or and _ any transfers action made, taken (including notifications, any tules, summonses, notices,warrants, proclamation issued, powers conferred, leases granted, boundary marks fixed, records of rights and other records prepared or maintained, rights acquired or liabilities incurred) under any such enactment shall, insofar as they are not inconsistent with the provisions of this Code, be deemed to have been done or taken under the corresponding provisions of this Code, and shall continue to be in force accordingly, unless and until they are superseded by anything done or action taken under this Code.

231 Applicability of the Code to pending proceedings. -

(1) Save as otherwise expressly provided in this Code, all cases pending before the State Government or any Revenue Court immediately before the commencement of this Code, whether in appeal, revision, review or otherwise, shall be decided in accordance with the provisions of the appropriate law, which would have been applicable to them had this Code not been passed.

(2) All cases pending in any civil court immediately before the commencement of this Code which would under this Code be exclusively triable by a revenue court,shall be disposed of by such civil court according to the law in force prior to the date of such commencement.

232. Power to remove difficulties.-

(1) The State Government may, for the purposes of removing any difficulty, particularly in relation to the transition from the provisions of the enactments repealed by this Code to the provisions of this Code, by a notified order, direct that the provisions of this Code shall, during such period as may be specified in the order, have effect subject to such 84 adaptations, whether by way of modification, addition or omission as it may deem necessary or expedient;

Provided that no such order shall be made after two years from the date of commencement of this Code.

(2) Every order made under sub-section (1) shall be laid before both the Houses of the State Legislature, as soon as may be after it is made.

(3) No order made under sub-section (1) shall be called in question in any Court on the ground that no difficulty as is referred to in that sub-section existed or was required to be removed.

233. Rules. -

(1) The State Government may, by notification, make rules for carrying out the purposes of this Code.

(2) Without prejudice to the generality of the foregoing power, such rules may also provide for-

(i) The terms and conditions of service of the Chairman and other members of the Board;

(ii) Regulating the distribution of business of the Board and making territorial division of its jurisdiction;

(iii) Guidelines for alteration, abolition or creation of revenue areas;

(iv) The procedure for demarcation of boundaries, the specification, construction and maintenance of boundary marks, levy and recovery of cost thereof;

(iv-A) The procedure for survey operation and record operation including demarcation of abadi by the use of available modern technology and digitalization process;

(v) The procedure of preparation and maintenance of maps, documents, statements, records and registers under this Code, procedure for their inspection and supply of certified copies or extracts thereof;

(vi) The procedure for submission of reports about succession and transfer, by the registering authority to the Tahsildar and for revision of village records, including proceedings for mutation and correction of village records;

(vii) The procedure for preparation, supply and maintenance of Kisan Bahi and matters connected therewith, including fees to be charged therefor;

(viii) The procedure regarding plantation of trees on the sides of public roads, paths or canals and determination of disputes regarding trees in abadi and unoccupied land;

(ix) The protection, preservation and disposal of properties belonging to or vested in the State Government, Gram Panchayat or other local authority, including determination of compensation for damages misappropriation or wrongful occupation thereof;

(x) The principles for assessment of land revenue, including its variation, remission, suspension and apportionment; 

(xi) The procedure for collection of land revenue and other public moneys, and the matters connected with the execution of various processes therefor, including the fixation of costs and collection charges;

(xii) The procedure regarding fixation and commutation of rent, including circumstances in which the arrears of rent could be written off;

(xiii) The procedure for appointment of legal practitioners in litigation relating to a Gram Panchayat or a Bhumi Prabandhak Samiti, and the terms and conditions of such appointment; (xiv) The procedure relating to conduct and prosecution of suits, appeals and other proceedings, including the procedure of conducting various inquiries under the provisions of this Code;

(xv) The procedure for granting lease by the Collector, cancellation of such lease and eviction of unauthorized occupants from the land belonging to the State Government, Gram Panchayat and local authority;

(xvi) The procedure regarding allotment of land entrusted to the Gram Panchayat, restoration of possession to the allottee and cancellation of such allotment;

(xvii) The duties of any officer or authority having jurisdiction under this Code and the procedure to be followed by him;

(xviii) Imposition of limits of time within which any act specified under this Code has to be performed;

(xix) The fees to be paid in respect of suits, appeals, applications and other proceedings under this Code;

(xx) The regulation of fishing in rivers, lakes, ponds and tanks entrusted to a Gram Panchayat or other local authority;

(xxi) The regulation of pasture lands, cremation or burial grounds, and catching,hunting and shooting of animals and birds in villages;

(xxii) Any other matter for which rules are required to be or may be made under this Code.

(3) The rules and orders made by the State Government or the Board before the commencement of this Code, under any of the enactments repealed and in force on the date of such commencement, shall, except to the extent of inconsistency with the provisions thereof, continue to be in force, until they are rescinded, altered or substituted in accordance with the provisions of this Code.

(4) It shall be lawful for the State Government, in making rules under this section, to prescribe that any person committing a breach of the same shall in addition to any other consequences that would ensue from such breach, be punishable with such fine not exceeding twenty five thousand rupees as the officer or authority specified for the purpose may deem fit to impose.

234 Regulations.-

(1) Subject to the provisions of this Code and the rules made there under, the Board may, with the previous approval of the State Government, make regulations- 

(a) governing the procedure of the Revenue Courts and the revenue officers in respect of suits, applications and proceedings under this Code; and

(b) containing directions for the preparation, maintenance and supervision of land records and matters connected therewith;

(c) prescribing the duties of Tahsildars and Naib-Tahsildars, and regulating their postings, transfers and their appointment in temporary vacancies;

(d) procedure for issuing licences to the petition writers;

(e) such other matters as may be prescribed by rules.

(2) All regulations made in accordance with sub-section (1) shall have the force of law.

(3) The Revenue Court Manual, the Land Records Manual, Collection Manual and Land Revenue (Survey and Record Operation) Rules, 1978, in force on the date of commencement of this Code, shall continue to remain in force, to the extent they are not inconsistent with the provisions of this Code, until amended, rescinded or repealed by any regulations made under this section.