57. State ownership in all lands.-

(1) All lands belong to the State Government and it is hereby declared that all such lands, including standing and flowing water, mines, quarries, minerals and forests reserved or not, and all rights in the sub-soil of any land are the property of the State Government:

Provided that nothing in this section shall, save as otherwise provided in this Code, be deemed to affect any rights of any person subsisting at the coming into force of this Code in any such property.

(2)    Where a disputes arises between the State Government and any person in respect of any right under sub-section (1) such dispute shall be decided by the ^Collector].

(3)     2[*-* *]

³[(3-a) (a) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908) no Civil Court shall, in a civil suit instituted under sub-section (3) on or after 24th October, 1983, by order of temporary injunction disturb the person to whom possession is restored under Section 250 if such person furnishes a reliable surety to recompensate the aggrieved party against any loss in case the Civil Court grants a decree in favour of the aggrieved party :

Provided that no surety shall be required to be furnished by a member of a tribe declared to be an aboriginal tribe under sub-section (6) of Section 165;

(b) Where a Civil Court by an order of temporary injunction disturbed the person referred to in clause (a) on or after 24th October, 1983 but before the publication of Revenue Department's Notification No. 1-70-VII-N-2-83, dated 4th January, 1984 such order shall abate on such publication and the Tahsildar shall restore possession to a person who is disturbed by such order.]

(2)    1[* * *]

2.       OmittedbyC.G. Act No. 32 of 2013, w.e.f. 19-8-2013.

 

3.       Provisions of this sub-section shall be applicable to the Scheduled Areas. See Notification F. No. 1-70-VII-N-II-83 dated 5-1-1984.

 

1.       Omitted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.

58. Liability of land to payment of land revenue.—

(1) All land, to whatever purpose applied and wherever situate, is liable to the payment of revenue to the State Government, except such land as has been wholly exempted from such liability by special grant of or contract with the State Government or under the provisions of any law or rule for the time being in force.

(2)  Such revenue is called "land revenue", and that term includes all moneys payable to the State Government for land, notwithstanding that such moneys may be described as premium, rent lease money, quit-rent or in any other manner, in any enactment, rule, contract or deed.

58-A. Certain land to be exempted from payment of land revenue.—

Notwithstanding anything contained in this Code, no land revenue shall be payable in respect of an uneconomic holding used exclusively for the purpose of agriculture.

Explanation-I.—

For the purpose of this section,—

(a)       'uneconomic holding' shall mean a holding the extent of which is not more than 5 acres;

(b)      'holding' shall mean the entire land held by a person in the State, notwithstanding the fact that any portion thereof is separately assessed to land revenue; and

(c) 'land revenue' shall not include moneys payable to the State Government for land by way of premium, rent or lease moneys in respect of land leased out for a period of less than five years or quit-rent.

Explanation-II.—

For the purpose of clause (b) of Explanation I "entire land held by a person in the State" shall mean—

(a) the entire land held by a person in the State individually and shall include—

(i)      where land is held by such person jointly with one or more person, so much portion of the land as falls to his share; and

(ii)     land held by such person as Bhoodan holder under the Chhattisgarh Bhoodan Yagna Act, 1968 (28 of 1968); and 

(b) where land is held by a person jointly with one or more persons, the single holding so jointly held.

59. Variation of land revenue according to purpose for which land is used.—

(1) The assessment of land revenue on any land shall be made with reference to the use of land—

(a)      for the purpose of agriculture or such farm house, which is situated on holding of one acre or more;

(b)      as sites for dwelling houses;

(c)      for purposes other than those specified in items (a), (b), (d) or (e);

(d)      for industrial or commercial purpose;

(e)      for the purpose of mining under a mining lease within the meaning of Mines and Minerals (Regulation and Development) Act, 1957 (No. 67 of 1957);

¹[(f) residential colony/project;

(g)   public/institutional project;

(h)   medical facilities center]:

Provided that the assessment of land revenue on any land situated in the areas which are constituted as reserved or protected forests under the Indian Forest Act, 1927 (16 of 1927), with' reference to use of land for any of the purposes aforesaid shall not be proceeded with or any procedure relating to the assessment to be followed under the relevant provisions of the Code shall not be commenced except on a certificate permitting the use of land issued by an officer of the Forest Department duly authorised by the State Government in this behalf.

Explanation.—

For the purposes of clause (a) 'Farm House' means such building or construction which is any improvement as defined in clause (j) of sub-section (1) of Section 2, the plinth area of which shall not exceed one hundred square metre and the built-up area shall not exceed one hundred fifty square metre.

(2) Where land assessed for use for any one purpose is diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed in accordance with the purpose to which it has been diverted:

²[Provided that, the State Government, may give exemption, on mentioned conditions, upto the limits specified by Notification, to new micro and small industries:]

¹ [Provided further that the land developed by an authority or body corporate established by State Government for the purpose of clause (f) of sub­section (1) of Section 59 as specified in Schedule-IV of this Code, shall be exempted from re-assessment for the diversion of land.]

(2-a) The alteration or assessment referred to in sub-sectiori (2) shall be carried out by the ^{[1] [2] [3]}[Competent Authority].

(3)    Where the land held free from the payment of land revenue on condition of being used for any purpose is diverted to any other purpose it shall become liable to the payment of land revenue and assessed in accordance with the purpose to which it has been diverted.

(4)    The assessment made under sub-sections (2) and (3) shall be in accordance with the rules made by State Government in this behalf and such rules shall be in accordance with the principles contained in Chapter VII or VIII, as the case may be.

(5)    Where land for use of any one purpose is diverted to any other purpose, and land revenue is assessed thereon under the provisions of this section, the ³ [Competent Authority] shall also have power to impose a premium on the diversion in accordance with rules made under this Code:

Provided that no premium shall be imposed for the diversion of any land for charitable purposes.

(6)    Notwithstanding any usage or grant or anything contained in any law, the right of all persons holding land, which immediately before the coming into force of the Madhya Pradesh Land Revenue Code, 1954 (II of 1955), was held in malik makbuza right, to exemption from payment of premium on diversion of such land is hereby abolished; but every such person shall, on diversion of such land, be entitled in lieu of such right to a rebate equal to the land revenue for one year payable for such land from the amount of premium determined under sub­section (5).

59-A. Assessment when to take effect.—

The alteration or assessment made under the provision of Section 59 shall take effect from the date on which the diversion was made.

59-B. Reassessment on diversion of land prior to coming into force of the Code.—

Where prior to the coming into force of this Code land in any area assessed for any one purpose was subsequently diverted for use to any other purpose, the land revenue payable upon, such land shall, notwithstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed—

(1)      in accordance with the purpose to which it has been diverted with effect from—

(a) the date on which such diversion was made if in the area concerned there was in force any enactment repealed under Section 261 which contained provision for alteration or reassessment on such diversion;

(b) the date of coining into force of this Code in any other case; and

(2)      in case of (a) above in accordance with the provisions of such repealed Act and in the case of (b) above in accordance with the provisions of this Code.

60. Assessment by whom to be fixed.—

On all lands on which the assessment has not been made the assessment of land revenue shall be made by the Collector in accordance with rules made under this Code.