2[A—Officer]
1.Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 61 stood as under:—.
"61. Application of this Chapter to lands in non-urban areas.—The provisions of this Chapter shall apply in respect of lands in non-urban areas.".
4[62. Appointment of Commissioner of Land Records.—
The State Government may, appoint a Commissioner of Land Records, who shall, subject to the directions issued by the State Government in this regard, manage and control the land survey and land records.]
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 62 stood as under :—
"62. Appointment of Settlement Commissioner.—The State Government may appoint a Settlement Commissioner who shall, subject to the control of the State Government, control the operation of the revenue survey and/or settlement.".
63. Appointment of 5 [Additional Commissioner, Land Records] and their powers and duties.—
(1) The State Government may appoint one or more 5[Additional Commissioner, Land Records].
(2) An 5[Additional Commissioner, Land Records] shall exercise such powers and discharge such duties, conferred and imposed on a ^[Commissioner, Land Records] by this Code or by any other enactment for the time being in force or by any rule made under this Code or any such other enactment, in such cases or classes of cases, as the State Government or ^Commissioner, Land Records] may direct and while exercising such powers and discharging such duties, the 5 [Additional Commissioner, Land Records] shall be deemed to have been appointed as a [Comnussioner/ Land Records] for the purposes of this Code or any other enactment or any rule made under this Code or such other enactment.
4. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "Additional Settlement Commissioner".
5.Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "Settlement Commissioner".
1.Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "Settlement Commissioned.
2[64. Appointment of District Survey Officer, Deputy Survey Officer and Assistant Survey Officer.—
(1) In respect of lands which are subject to land survey:— ..
(a) the Collector of the district shall be the District Survey Officer;
(b) the Additional Collector of the district, on written order of the Collector, may act as District Survey Officer for the allocated area;
(c) the Sub-Divisional Officer of the sub-division shall be Deputy Survey Officer;
(d) Tahsildar, Additional Tahsildar or Naib Tahsildar shall be Assistant Survey Officer within their respective jurisdiction.
(2) All District Survey Officers shall be sub-ordinate to the Commissioner of Land Records.
(3) All the Deputy Survey Officers and Assistant Survey Officers in the district shall be sub-ordinate to the District Survey Officer.
(4) All the Assistant Survey Officers in the sub-division shall be subordinate to the Deputy Survey Officer.]
2. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 64 stood as under:—
"64. Appointment of Settlement, Deputy Settlement and Assistant Settlement Otticers.—
(1) The State Government may appoint an officer hereinafter called me bettlement Officer to be in charge of a revenue survey, and/or Settlement and as many Deputy Settlement Officers and Assistant Settlement Officers as it thinks it.
(2) All Settlement, Deputy Settlement and Assistant Settlement Officers shall be j subordinate to the Settlement Commissioner and all Deputy Settlement and Assistant Settlement Officers in a local area shall be subordinate to the bettlement Officers. .
3[65. Powers of District Survey Officer, Deputy Survey Officer and Assistant Survey Officer.—
(1) The Power of the Collector, Sub-divisional Officer or Tahsildar under this Code in respect of the land subjected to land survey shall vest in District Survey Officer, Deputy Survey Officer or Assistant Survey Officer respectively.
(2) The State Government may vest, in the Deputy Survey Officer or Assistant Survey Officer, all or any of the powers of the District Survey Officer under this Code.
2. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 65 stood as under:—
"65. Powers of Settlement, Deputy Settlement and Assistant Settlement Officers.—
1.) The State Government may invest any Settlement Officer or Deputy Settiement Officer or Assistant Settlement Officer with all or any of the powers of a Collector under this Code, to be exercised by him in such cases or classes of cases as the State Government may direct.
2). The state government may invest any Deputy Settlement Officer or Assistant Settlement Officer with all or any of the powers of a Settlement Officer under this Code or any other enactment for the time being in force.".
1[B—Land Survey]
2[66. Definition of Land Survey.—
Land survey" means any or more or all of the following activities, namely:—
(1) The division of land into survey numbers/plot numbers, validation and re-organization of the existing survey numbers/ plot numbers, or creation of new survey numbers/plot numbers;
(2) Preparation of a map of the land or to revise or improve it, as the case may be;
(3) Preparation of record of rights;
(4) Preparation of field book containing each survey number/ plot number, as the case may be;
(5) Preparation of any other record, as may be prescribed.]
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the sub-heading "B—
Revenue Survey".
2. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 66 stood as under:— <
66. Definition of Revenue survey.—The operations carried out in accordance with the provisions of this part, that is to say—
(1) all or any of the operations pertaining to the division of land into survey numbers and grouping them-into villages, recognition of existing survey numbers, reconstitution thereof or forming new survey numbers and operations incidental thereto;
(2) soil classification;
(3) preparation or, as the case may be, revision or correction of field map;
(4) preparation of record of rights, in order to bring the land records upto-date m any local, over area; are called a revenue survey.".
3[67. Notification of proposed land survey.—
(1) The District Survey Officer may commence land survey in the whole or any area of his charge by publishing a notification to that effect in the Official Gazette.
(2)The lands notified under sub-section (1) shall, from the date of the said notification, be deemed to be subject to land survey until a notification declaring the termination of such land survey is issued by the District Survey Officer.
(3) There shall be a land survey by the District Survey Officer in the following circumstances:—
(a)on the direction of the State Government;
(b) on the completion of 30 years of the previous survey;
(c) if the reference map is dilapidated or unavailable;
(d) such other circumstances as the District Survey Officer may deem fit.]
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 67 stood as under:—
"67. Notification of proposed revenue survey.—
(1) Whenever the State Government decides that a revenue survey should be made of any local area, it shall publish a notification to that effect, and such local area shall be held to be under such survey from the date of such notification until the issue of a notification declaring the operation to be closed.
(2) Such notification may extend to all lands generally in the local area or io such lands only as the State Government may direct.".
68. Formation of survey numbers and villages.—
Subject to rules made under this Code, the ^District Survey Officer] may—
(a) take measurements of the land to which the 2[land survey] extends and construct such number of survey marks thereon as may be necessary;
(b) divide such lands into survey numbers and group the survey numbers into villages; and
(c)recognize existing survey numbers, reconstitute survey numbers or form new survey numbers :
Provided that except as hereinafter provided, no survey, numbers, comprising land used for agricultural purposes shall henceforth be made of less extent than a minimum to be prescribed for the various classes of land :
Provided further that the limit prescribed under the aforesaid proviso shall not apply in the case of survey numbers, already existing immediately before the date of the notification under sub-section (1) of Section 67.
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "Settlement Officer".
2. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "revenue survey".
69. Separate demarcation of land diverted or specially assigned.—
Notwithstanding the provisions of Section 68 when any portion or agricultural land is diverted under the provisions of Section 172 to any non-agricultural purpose, or when any portion of land is specially assigned under Section 237, or when any assessment is altered on any portion of land under sub-section (2) of Section 59, the ^District Survey Officer] may make such portion into a separate survey number or sub-division of a survey number.
3[70. Power to re-number or sub-divide or amalgamate survey numbers.—
(1) The District Survey Officer may, with a view to acquisition of rights in the land or for any other reason, renumber the survey numbers and divide them into as many parts, as may be required, and amalgamate more than one survey number into a single survey number.
(2) Division of any survey number or amalgamation of survey numbers shall be done in accordance with the rules made under this Code.
(3) Whenever the survey numbers are renumbered, the District Survey Officer shall rectify the entries in all the records prepared or maintained under this Code.]
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 70 stood as under :—
"70. Power to renumber or sub-divide survey numbers.—(1) The Settlement Officer may either renumber or sub-divide survey numbers into as many sub-divisions as may be required in view of the acquisition of rights in land or for any other reason.
(1) The division of survey numbers into sub-divisions and the apportionment of the assessment of the survey number amongst the sub-divisions shall be carried out in accordance with rules made under this Code and such rules may provide limits either of area or of land revenue or both, below which no sub-division shall be recognised:
Provided that the. total amount of assessment of any survey number shall not be enhanced during the term of a settlement unless such assessment is liable to alteration under the provisions of this Code.
(2) Where a holding consists of several khasra numbers the Settlement Officer shallassess the land revenue payable for each khasra number and record them as separate survey numbers. Whenever the survey numbers are renumbered, the Settlement Officer shall correct the entries in all records prepared or maintained under Chapter IX.".
71. Entry of survey numbers and sub-divisions in records.—
The area and assessment of survey numbers and sub-divisions of survey numbers shall be entered in such records as may be prescribed.
72. Determination of abadi of village.—
The [1] [2] [District Survey Officer] shall, in the case of every inhabited village, ascertain and determine, with due regard to rights in lands, the area to be reserved for the residence of the inhabitants or for purposes ancillary thereto, and such area shall be deemed to be the abadi of the village.
[1] Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "Settlement Officer".
[1] Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "revenue survey".
73. Power of ^District Survey Officer] to divide or unite villages or exclude area therefrom.—
The 1 [District Survey Officer] may divide a village to constitute two or more villages or may amalgamate two or more villages and constitute one village or may alter the limits of a village by including therein any area of a village in the vicinity thereof or by excluding any area comprised therein, in accordance with the rules made under this Code.
The villages of each district or tahsil or part of a district or tahsil comprised in the area under [3] [4][land survey] shall be formed into groups, and in forming such group regard shall be had to physical features, agricultural and economic conditions and trade facilities and communications.
Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the sub-heading "C— Settlement of rent".
3[C—Land Revenue Assessment]
75. Definition of Settlement.—
The result of the operations carried out in accordance with this part in continuation of revenue survey in order to determine or revise the land revenue payable on lands in any local area are called "settlement" and the period during which the revised land revenue shall be in force is called the term of Settlement.
76.1[* * *]
1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 76 stood as under:—
"76. Notification of proposed settlement.—On issue of a notification declaring the operations of revenue survey to be closed under sub-section (1) of Section 6/, the State Government, if it decides that Settlement operations should be undertake in the local area in which revenue survey is closed, shall publish a notification to that effect and such area shall be held to be under Settlement from the date of such notification until the announcement of Settlement under Section 82 in respect of a land in the local area is complete :
Provided that if the notification is issued after expiration of a period of five years from the date of issue of notification declaring, the operations of revenue survey to be closed under sub-section (1) of Section 67/ record of rights shall be prepared under Section 108 before the Settlement operations are undertaken in accordance with the provisions contained in this part.".
2[77. Fixation of assessment rates.—
(1) The District Survey Officer shall assess the land revenue for each survey number/ plot number or their parts as per the rate fixed by the State Government.
(2) Where a holding is made up of many survey numbers/plot numbers. District Survey Officer shall fix applicable land revenue separately for each survey number/plot number.]
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 77 stood as under :—
"77. Fixation of assessment rates.—(1) On completing the necessary inquiries, as may be prescribed, the Settlement Officer shall forward to the State Government his proposals for assessment rates for different classes of land in such form and along with such other particulars as may be prescribed.
(2) The State Government may approve the assessment rates with such modifications as it may deem fit.".
78.3[* * *]
1. Omitted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.
79.4[* * *]
1. Omitted by C.G. Act No.- 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 79 stood as under:—
"79. Fixation of fair assessment.—The Settlement Officer shall fix the assessment on each holding in accordance with the assessment rates approved under Section 77 and the provisions of the Section 81 and such assessment shall be the fair assessment of such holding.".
80. All lands liable to assessment—
The 5[District Survey Officer] shall have the power to make fair assessment on all lands what-so
ever to which the [1][land revenue assessment] extends, whether such lands are liable to the payment of land revenue or not.
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "Settlement Officer".
2. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the word "Settlement".
81. Principles of assessment.—
(1) The fair assessment of all lands shall be calculated in accordance with the principles and restrictions set forth in the section.
(2) . No regard shall be had to any claim to hold land on privileged terms.
(3) Regard shall be had in the case of agricultural land to the profits of agriculture, to the consideration paid for leases' to the sale prices of land and to the principal moneys on mortgages, and in the case of non-agricultural land, to the value of the land for the purpose for which it is held.
1[(4) The fair assessment on the land used for non-agricultural purposes shall be fixed in accordance with the rules made under Section 59.]
(5) Where an improvement has been effected at any time in any holding held for the purpose of agriculture by or at the expense of the holder thereof, the fair assessment of such holding shall be fixed as if the improvement has not been made.
1. Substituted'by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.
2. Omitted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.
3[82. Land revenue assessment to be effective.—
When the assessment of land revenue of any land is done in accordance with Section 77 and 81, such assessment shall take effect from the next revenue year, and the assessment so made, until it is changed in accordance with this Code or any other law, shall remain effective.]
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 82 stood as under ;—
"82. Announcement of settlement.—(1) When the assessment of any land has been fixed in accordance with Section 79, notice thereof shall be given in accordance with rules made under this Code, and such notice shall be called the announcement of the settlement.
(2) The assessment of any land, as announced under this section, shall be the land revenue payable annually on such land during the term of the settlement unless it is modified in accordance with the provisions of this Code, or any other law.".
83.4[* * *]
1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 83 stood as under:—
"83. Introduction of Settlement.—The term of a settlement shall commence from the beginning of the revenue year next following the date of announcement or from the expiry of the previous term of settlement, whichever is later.".
84. Remission of enhancement to Bhumiswami who relinquishes.—
During the first year of the term of 5[land revenue assessment] any Bhumiswami, who is dissatisfied with the new assessment shall, on relinquishing his rights in his holding in the manner prescribed by Section 173 may, one month before the commencement of the agricultural year, receive a remission of any increase imposed thereby:
Provided that the relinquishment of only part of a holding or of a holding, which, or any part of which, is subject to an encumbrance or a charge shall not be permitted.
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the word "settlement".
1[85. Term of assessment of land revenue.—
(1) The term of assessment made by the District Survey Officer shall, ordinarily, be of 30 years.
(2) In special circumstances, specifying the reason, the State Government, may give directions to the District Survey Officer to change the assessment of land revenue for the whole area or for a particular area even before 30 years, but such instructions can not be given before 15 years of assessment of land revenue.
(3) After the expiry of the term of assessment made on any land, the sub- divisional officer shall have the jurisdiction to revise the land revenue of that land.
(4) Notwithstanding that the term of assessment of land revenue in a particular area has expired, if a new assessment has not been made in respect of that, it shall be deemed that the rate of land revenue shall remain the same till the upcoming land revenue assessment.]
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 85 stood as under :—
"85. Term of Settlement.—(1) The term of settlement shall be fixed by the State Government and shall not be less than thirty years :
Provided that if, at any time during the currency of the settlement, the State Government finds that having regard to changes in general conditions subsequent to the settlement, it is desirable that the assessment should be reduced, it may reduce such assessment for the such period as it may deem fit.
(2) Notwithstanding anything contained in sub-section (1) in any area where there is
ample scope for extension of cultivation or for agricultural development or where the pitch of rents is unduly low or where there has been a rapid development of resources owing to the construction of roads, railways or canals since the last settlement, the State Government may, for reasons to be recorded, fix a term which may be less than thirty years but which shall in no case be less than twenty years.
(3) Notwithstanding that the term of settlement fixed under sub-section (1) or sub
section (2) for any local area has expired, the term shall be deemed to have been extended till the commencement of the term of the subsequent settlement in that area.".
86.[1][* * *]
1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 86 stood as under:—
"86. Power of Collector to complete unfinished proceedings.—Where the settlement operations are closed all applications and proceedings then pending before the Settlement Officer shall be transferred to the Collector who shall have the powers of a Settlement Officer for their disposal.".
D—General
87.3[* * *]
1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 87 stood as under:—
"87. Inquiry into profits of agriculture and value of land.—(1) With effect from the coming in force of this Code the State Government, may take steps to institute and may cause to be constantly maintained, in accordance witn rules made under this Code, an inquiry into the profits of agriculture and into the value of land used for agricultural and non-agricultural purposes.
88. Power to transfer duty of maintaining maps and records to ^District Survey Officer].—
When a local area is under [1] [2] [3] [4] [5][land survey], the duty of maintaining the maps and records may, under the orders of the State Government, be transferred from Collector to the i[District Survey Officer], who shall thereupon exercise all the powers conferred on the Collector in any of the provisions in Chapters IX and XVIII.
(2) For the purpose of determining the profits of agriculture, the following elements
shall be taken into account in estimating the cost of cultivation, namely :
(a) the depreciation of stock and buildings;
(b) the money equivalent to the cultivator's and his family's labour and supervision;
(c) all other expenses usually incurred in cultivation on the land which is under inquiry; and
(d) interest on the cost of buildings and stock and on expenditure for seed and manure, and on cost of agricultural operations paid for in cash.
(3) The Settlement Officer shall take in consideration the information collected in the
course of this inquiry, when framing his proposals for assessment rates.".
89. Power of Sub-Divisional Officer to correct errors.—
The Sub-Divisional Officer may, at any time after the closure of the 2[land survey] and during the term of ’[land revenue assessment], correct any error in the area or assessment of any survey number or holding due to mistake of survey or arithmetical miscalculation:
Provided that no arrears of land revenue shall become payable by reason of such correction.
Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the word "settlement".
4[90. Powers of the Collector after the completion of the land survey.—
The powers of the District Survey Officer under Section 68, 72, 73, and 77 shall be with the Collector, after the completion of the land survey.]
Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 90 stood as under:—
"90. Power of Collector during term of settlement, etc.—After the closure of the revenue survey and during the term of a settlement, the Collector, shall, when so directed by the State Government, exercise the powers of a Settlement Officer under Sections 68,69, 70, 72 and 73.".
5[91. Powers of Tahsildar after the land survey is over.—
After the land survey is over,the powers of the District Survey Officer under Section 69 and 70 shall be with the Tahsildar.]
1[91-A. Power to make rules.—
The State Government may make rules to regulate generally the conduct of a land survey or land revenue assessment under this Code.]