Sec 43 to 53 Chapter VI  (Revision of Village Records)Uttar Pradesh Revenue Code, 2006

Sec 43 to 53 Chapter VI (Revision of Village Records)Uttar Pradesh Revenue Code, 2006

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43. Notification of record and survey operations.-

(1) Whenever the State Government is of  opinion that in any district or other local area, a revision of records or a re-survey, or both is  necessary, it shall publish a notification to that effect, and thereupon such district or area shall be  deemed to be under record operation or survey operation or both, as the case may be.  

(2) The State Government may, by notification in the gazette, order that a survey operation or a  record operation of abadi or village abadi or both shall be made in the manner prescribed. 

(3) The State Government may, by a subsequent notification, amend or cancel the notification  issued under sub-section (1) or sub-section (2), or declare the operation to be closed. 

44. Record Officer and Assistant Record Officer.-

(1) The State Government may appoint a  Record Officer who shall be in-charge of the record operation or the survey operation or both and  may also appoint as many Assistant Record Officers as it may deem fit.  

(2) The Assistant Record Officer shall, for so long as the notification under subsection  (1) or sub-section (2)of section 43 is in force, exercise the powers conferred on him by this Code  and shall discharge such other duties as may be entrusted to him by the Record Officer. 

45. Power of Record Officer during record or survey operation.-

Where any district or other  local area is under record or survey operation, the powers conferred by sections 23 to 26 shall be  exercised by the Record Officer.  

46. Revision of records during record operation. -

When any district or other local area is under  record operation, the Record Officer shall cause to be revised, for each village comprised therein,  the field book (khasra) and the record of rights (khatauni) or the record of abadi or village abadi. 

47. Revision of records during survey operation.-

When any district or other local area is under  survey operation, the Record Officer shall cause to be prepared for each village comprised therein,  a map, and thereafter, proceed to revise the field book (Khasra) and the record of rights  (Khatauni) or the record of abadi or village abadi, as the case may be.  

48. Powers of Record Officer as to erection of boundary marks. —

When any local area is  under survey operation the Record Officer may issue a proclamation directing all Gram Panchayat  and Bhumidhars to erect, within fifteen days such boundary marks, as he may think necessary to  define the limits of the villages and fields and in default, he may cause such boundary marks to be  erected, and the Collector shall recover the cost of their erection from the Gram Panchayats or  Bhumidhars concermed.  

49. Procedure of revision of map and records.-

(1) For revising the map and records under  sections 46 and 47, the Record Officer shall, subject to the provisions of sub-sections (2) to (8),  cause to be carried out survey, map correction, field to field partal and test and verification of  current record of rights (Khatauni) in accordance with the procedure prescribed.  

(2) After the test and verification of the current record of rights, the Naib-Tahsildar shall correct  clerical mistakes and errors, if any, in such records, and shall cause to be issued to the concerned  tenure holders and other persons interested, notices containing relevant extracts from the current  record of rights and such other records as may be prescribed showing their rights and liabilities in  relation to land and mistakes and disputes discovered during the operations mentioned in sub section(1).  

(3) Any person to whom notice under sub-section (2) has been issued may within twenty one days  of the receipt of notice, file before the Naib-Tahsildar objections in respect thereof disputing the  correctness or nature of the entries in such records or extracts.  

(4) Any person interested in the land may also file objection before the Naib-Tahsildar at any time  before the dispute is settled in accordance with sub-section(5), or before the Assistant Record  Officer, at any time before the objections are decided in accordance with sub-section (6). 

(5) The Naib-Tahsildar shall-  

(a) where objections are filed in accordance with sub-section (3) or sub-section (4), after hearing  the parties concerned; and  

(b) in any other case, after making such inquiry as he may deem necessary; correct the mistake,  and settle the dispute, by conciliation between the parties appearing before him, and pass order on  the basis of such conciliation.  

(6) The record of all cases which cannot be disposed of by the Naib-Tahsildar by conciliation as  required by sub-section (5), shall be forwarded to the Assistant Record Officer who shall dispose  of the same, in accordance with the procedure laid down in section 24 and where the dispute  involves a question of title, he shall decide the same after a summary inquiry.  

(7) Where after the summary inquiry under sub-section (6), the Assistant Record Officer is  satisfied that the land in dispute belongs to the State Government or a local authority, he shall  cause the person in unauthorized occupation of such land to be evicted and may, for that purpose,  use or cause to be used such force as may be necessary.  

(8) Any person aggrieved by an order of the Assistant Record Officer made under sub-section (6)  or sub-section (7) may prefer an appeal within thirty days from the date of such order to the  Record Officer in the manner prescribed and every order of the Record Officer on such appeal  shall subject to the provision of section 210, be final.  

50. Finalisation of record of rights.-

After the revision of map or records in accordance with  section 49, the Assistant Record Officer shall confirm or amend the record of rights (Khatauni)  under his dated signature.  

51. Preparation of new record of rights. -

The Assistant Record Officer shall thereafter prepare,  for each village in the area under the record or survey operation, the records specified in sections 30 and 31 on the basis of the record of rights (Khatauni) referred to in section 50 and the records  so prepared shall be maintained by the Collector in place of the records previously existing. 

52. Procedure for villages where no records are available.-

(1) The provisions of this Chapter  shall, mutatis mutandis, apply to a record operation or survey operation in respect of every such  village or part thereof, where no map or other record referred to in section 46 or section 47 is  available, and for this purpose, the Record Officer shall follow such procedure as may be  prescribed.  

(2) The provisions of this Chapter shall, mutatis mutandis, apply to record operation and survey  operation of abadi or village abadi.  

53. Presumption as to the entries. -

All entries in the record of rights (Khatauni) prepared in  accordance with the provisions of this Chapter shall be presumed to be true until the contrary is  proved.   

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