Chapter I PRELIMINARY

Short title, extent and commencement. —

1. (1) This Act may be called The Madhya Pradesh Land Revenue Code, 1959.
2. (2) It extends to the whole of Madhya Pradesh but nothing contained in this Code except the provisions relating to liability of land for payment of land revenue, the assessment of land revenue with reference to the use of land, realisation of land revenue and all provisions ancillary thereto shall apply to such areas as may, from time to time, be constituted as reserved or protected forest under the Indian Forest Act, 1927 (XVI of 1927) Provided that the aforesaid provisions of the Code shall apply with reference to the use of land in such areas for one or more of the purposes specified in Section 59.]
3. (3) This Code shall come into force on such date3 as the State Government may, by notification, appoint.

Definitions. —

1. (1) In this Code, unless there is anything repugnant to the subject or context, —
   • (a) "abadi" means the area reserved from time to time in a village in a non-urban area for the residence of the inhabitants thereof or for purposes ancillary thereto, and any other local equivalent of this expression such as "village site" or "gaonsthan" shall also be construed accordingly;
   • (b) "agriculture" includes—
     • (i) the raising of annual or periodical crops including betel leaves
   • (Pan) and water nuts (singhara) and garden produce;
     • (ii) horticulture;
     • (iii) the planting and upkeep of orchards; and
     • (iv) the reserving of land for fodder, grazing or thatching grass;
     • (v) the use of land for poultry, fisheries or animal husbandry in an area situated more than five kilometres away from the periphery of urban areas;]
   • (c) "agricultural year" means the year commencing on the first day of July or such other date as the State Government may, by notification, appoint;
   • (d) "Board" means the Board of Revenue constituted under Section 3; .
   • (e) "bona fide agriculturist" means a person who cultivates land personally or who may reasonably be expected to cultivate personally;
   • (f) "co-operative society" means a society registered as such under any law relating to Co-operative Societies in force for the time being in any region of the State;
   • (g) "Government forest" means a forest constituted as a reserve forest or protected forest in accordance with the provisions of the Indian Forest Act, 1927 (XVI of 1927);
   • (h) "Government lessee" means a person holding land from the State Government under Section 181;
     • (i) "holding" means —
     • (i) a parcel of land separately assessed to land revenue and held under one tenure; and
     • (ii) in reference to land held by a tenant a parcel of land held from a bhumiswami under one lease or set of conditions;
   • (j) "improvement" means with reference to a holding, - any work which adds materially to the value of the holding which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the holding, is either executed directly for its benefit or is after execution, made directly beneficial to it; and, subject to the foregoing provisions, includes —
     • (i) The construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;
     • (ii) The construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water;
     • (iii) The planting of trees and the reclaiming, clearing, enclosing, levelling or terracing of land;
     • (iv) The erection of buildings on or in the vicinity of the holding, elsewhere than in the abadi or urban area, required for the convenient or profitable use or occupation of the holding; and
     • (v) the renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto; but does not includes —
   • (a) temporary wells and such water channels, embankments, levelling, enclosures or other works or petty alterations in or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture; or
   • (b) any work which substantially diminishes the value of any land, wherever situated, in the occupation of any other person, whether , as bhumiswami or occupancy tenant; Explanation. —A work which benefits several holdings may be deemed to be an improvement with respect to each of such holdings;
   • (k) "land" means a portion of the earth's surface whether or not under water; and, where land is referred to in this Code, it shall be deemed to include all things attached to or permanently fastened to any thing attached to such land;
   • (l) "landless person" means a person who is bona fide agriculturist and who whether individually or jointly with other members of his family hold no lands or land less than the area which may be prescribed in this behalf; Explanation.— For purposes of this clause the family of a person shall be deemed to consist of his spouse, issue and parents.
   • (m) "land records" means records maintained under the provisions of this Code;
   • (n) "legal practitioner" means any person entitled to practice in any of the Courts in Madhya Pradesh under the Legal Practitioners Act, 1879 (XVIII of 1879)1, or under any other law for the time being in force;
   • (o) "mango grove" means mango trees planted in such numbers that they preclude or when full grown are likely to preclude the land on which they stand or any major portion thereof from being used primarily for any purpose other than planting of trees;
   • (oa) "market Value" means the value of land assessed according to guidelines issued by the Collector under the Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka Banaya Jana Tatha. Unka Punrikshan Niyam, 2000 made under the Indian Stamp Act, 1899 (No. 2 of 1899);]
   • (p) "orchard" means fruit trees planted in such numbers than they preclude or when full grown are likely to preclude the land on which they stand or any major portion thereof from being used primarily for any purpose other than planting of trees;
   • (q) "plot number" means a portion of land in urban area formed into or recognised as a plot number under Section 93, in respect of which the area and the land revenue payable are separately entered in the prescribed records under an indicative number and includes any portion of land entered in the previous records under an indicative number known as khasra or survey number;
   • (r) "recognised agent" in reference to a party to a proceeding under the Code means—
     • (i) a person authorised under a power of attorney by such party to make appearance and applications and to do other acts on his behalf in such proceedings; and
     • (ii) a person authorised in writing by such party to make appearance on his behalf in such proceedings; "region" means the Mahakoshal region, the Madhya Bharat region, the Bhopal region, the Vindhya Pradesh region and the Sironj region, or any of these, as the case may be;
   • (t) "rents" means whatever is paid or is payable in money or in kind —
     • (i) by an occupancy tenant to his bhumiswami according to the provisions of Section 188 or by a lessee to his bhumiswami on account of the use or occupation of land held by him from such bhumiswami; or
     • (ii) by a Government lessee to the Government on account of the use or occupation of land leased out to him by the Government;
   • (u) "Revenue Officer" in any provision of this Code means such Revenue Officer as the State Government may, by notification, direct to discharge the functions of a Revenue Officer under that provision;
     • (v) "revenue year" means the year commencing on such date as the State Government may, in the case of any special local area, by notification, appoint;
   • (w) "sub-division of a survey number" means a portion of a survey number in respect of which the area and the land revenue payable are separately entered in the land records under an indicative number subordinate to that of the survey numbers of which it is a portion;
     • (x) "survey number" means a portion of land in non-urban area formed into, or recognised as a survey number at the last preceding revenue survey, or subsequently recognised as such by the Collector, in respect of which the area and land revenue payable are separately entered under an indicative number in the land records; and includes, any portion of land entered in the land records under an indicative number known as the khasra number;
   • (y) "tenant" means a person holding land from a bhumiswami as, an occupancy tenant under Chapter XIV;
   • (z) "tenure-holder" means a person who holds land from the State Government and who is or is deemed to be bhumiswami under the provisions of this Code; (z-1) "timber trees" means trees of the following species, namely : --
     • (i) Tectona grandis (sagwan);
     • (ii) Pterocarpus Marsumpium (bija);
     • (iii) Dalberia latifolia (shisham);
     • (iv) Shorea robusta (sal);
     • (v) tinsa;
     • (vi) Terminalia tomentosa (ain or saj);
     • (vii) Santalumalbam (Chandan); [(viii) Adina Cordifolia (Haldu);
     • (ix) Mitragyna Parviflora (Mundi);
     • (x) Terminalia Arjuna (Arjun);
     • (xi) Diaspyrous melaxylon (Tendu);
     • (xii) Gmelina arborea (khamhar).] (z-2) “to cultivate personally” means to cultivate on one's own account —
     • (i) by one's own labour; or
     • (ii) by the labour of any member of one's family; or
     • (iii) by servants on wages payable in cash or kind but not in crop share; or
     • (iv) by hired labour under one's personal supervision or the personal supervision of any member of one's family; (z-3) "unoccupied land" means the land in a village other than the abadi or service land, or the land held by a bhumiswami, a tenant or a Government lessee; (z-4) "urban area" means the area for the time being included within the limits of any municipal corporation or any municipality or notified area constituted under any law for the time being in force relating to municipalities or any village or group of villages which may be specified by the State Government as urban area; and the expression "non-urban area" shall be construed accordingly; (z-5) "village" means any tract of land which, before the coming into force of this Code, was recognised as or was declared as - a village under the provisions of any law for the time being in force and any other tract of land which is hereafter recognised as a village at any revenue survey or which the State Government may, by notification, declare to be a village.
2. (2) Any reference made in this Code to the date of coming into force of this Code shall be construed as a reference to the date appointed by notification under sub-section (3) of Section 1.