The Madhya Pradesh Land Revenue Code, 1959

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.

Constitution of Board of Revenue.—

1. (1) There shall be a Board of Revenue for Madhya Pradesh consisting of a President and two or more other members as the State may, from time to time, think fit to appoint.
2. (2) The Board of Revenue as constituted and functioning for the several regions of this State immediately before the coming into force of this Code, hereinafter in this chapter referred to as the existing Board, shall with effect from the date of coming into force of this Code, be deemed to be the Board of Revenue for Madhya Pradesh constituted under this section.
3. (3) The President and members of the existing Board shall be the first President and members respectively of the Board of Revenue for Madhya Pradesh.

Principal seat and other places of sittings of Board of Revenue.—

1. (1) The principal seat of the Board shall be at such place as the State Government may, by notified order, appoint.
2. (2) Notwithstanding anything contained in sub-section (1), the President and members of the Board may also sit at such other place or places as the President of the Board may with the approval of the State Government, appoint.

Conditions of service of members of Board.—

1. (1) When any member is, by reason of absence or otherwise, unable to perform the duties of his office, the State Government may, by notification, appoint any person to be, for the time being, a member of the Board.
2. (2) Except as expressly provided by this Code, the terms and conditions of service of the President and members of the Board shall be such as may be prescribed and the terms and conditions laid down by the State Government for the President and members of the existing Board shall continue in force until modified or superseded under this section.
3. (3) A person shall not be qualified for appointment as a member of the Board unless he —
   • (a) is eligible for appointment as a Judge of the High Court; or
   • (b) has been a Revenue Officer, and has held, for at least five years, an office not lower in rank than that of a Collector.

Salaries and allowances.—There shall be paid to the members of the Board such salaries and allowances as the State Government may determine and those salaries and allowances shall be charged on the consolidated fund of the State.

Jurisdiction of Board. —

1. (1) The Board shall exercise the powers and discharge the functions conferred upon it by or under this Code and such functions of the State Government as may be specified by notification by the State Government in that behalf and such other functions as have been conferred or may be conferred by or under any Central or State Act on the Chief Revenue Authority or the Chief Controlling Revenue Authority.
2. (2) The State Government may, subject to such conditions as it may deem fit to impose, by notification, confer upon, or entrust to the Board or any member of the Board additional powers or functions assigned to the State Government by or under any enactment for the time being in force.

Powers of Superintendence of Board.—The Board shall, in respect of all matters subject to its appellate or revisional jurisdiction, have superintendence over all authorities in so far as such authorities deal with such matters and may call for returns.

Exercise of jurisdiction by single members and benches.—The Board may make rules for the exercise of powers and functions of the Board by benches constituted of one or more members thereof, and all decisions given by such benches in exercise of such powers or functions shall be deemed to be the decisions of the Board.

Cases pending at commencement of Code.—All appeals, applications for revision and other proceedings pending before the existing Board immediately before the coming into force of this Code shall be heard and decided by the Board. (2)

1. (a) All cases of
   • (i) First appeal against the order of the Collector whether exercising the powers of Collector or Settlement Officer during the currency of settlement, pending before the Board;
   • (ii) Second appeal against the order of the Sub-Divisional Officer or the Collector pending before the Board;
   • (iii) Second appeal against the order of the Sub-Divisional Officer pending before the Collector; shall stand transferred to the Commissioner;
2. (b) All cases of revision, review and other proceedings which stood transferred to the Board from the Commissioner after 23rd November, 2002 and pending before the Board, shall stand transferred to the Commissioner;
3. (c) In the case of revision instituted on an application made by any party after 23rd November, 2002 and pending before the Board, the party may make an application for transfer of such case to the Commissioner and if such an application is made, the Board shall transfer the case to the Commissioner.]

Revenue Officers. —There shall be the following classes of the Revenue Officers, namely : — Commissioners (including Additional Commissioners); Settlement Commissioner (including Additional Settlement Commissioners); Collectors (including Additional Collectors); Settlement Officers; Sub-Divisional Officers; Assistant Collectors; Joint Collectors (including Deputy Collectors); Deputy Settlement Officers; Assistant Settlement Officers; Tahsildars (including Additional Tahsildars); Superintendents of Land Records; Naib Tahsildars;

Control over Revenue Officers Control over Revenue Officers.—

1. (1) All Revenue Officers shall be subordinate to the State Government.
2. (2) All Revenue Officers in a Division shall be subordinate to the Commissioner.
3. (3) Unless the State Government otherwise directs all Revenue Officers in a district shall be subordinate to the Collector.

Power to alter, create or abolish divisions, districts, sub-divisions and tahsils. —

1. (1) The State Government may create divisions comprising of such districts as it may deem fit and may abolish or alter the limits of such divisions.
2. (2) The State Government may alter the limits of any district or tahsil and may create new, or abolish existing districts or tahsils, and may divide any district into sub-divisions and may alter the limits of or abolish, any sub-division Provided that the State Government before passing any orders under this section on any proposal to alter the limits of any division or district or tahsil or to create new or abolish existing divisions, districts or tahsils, shall publish in the prescribed form such proposals for inviting objections and shall take into consideration any objections to such proposal.
3. (3) Subject to the orders of the State Government under sub-section (2), every tahsil shall be deemed to be a sub-division of a district.

Power to appoint Commissioners of divisions. —

1. (1) The State Government shall appoint in each division a Commissioner who shall exercise therein the powers and discharge the duties conferred and imposed on a Commissioner by or under this Code or by or under any other enactment for the time being in force.
2. (2) The State Government may, subject to such condition as it may deem fit to impose, by notification, confer upon the Commissioner any of the powers or functions assigned to the State Government by or under any enactment for the time being in force.

Power to appoint Additional Commissioner. —

1. (1) The State Government may appoint an Additional Commissioner in a division or in two or more divisions.
2. (2) An Additional Commissioner shall exercise such powers and discharge such duties conferred and imposed on a Commissioner by or under this Code or by under any other enactment for the time being in force in such cases or class of cases as the State Government may, by a general order, notify or as the Commissioner of the division may, subject to any general or special restrictions imposed by the State Government, by an order in writing direct.
3. (3) This Code and every other enactment for the time being in force and any rule made under this Code or any such other enactment shall, except where expressly directed otherwise, apply to the Additional Commissioner when exercising any powers or discharging any duties under sub-section (2) as if he were the Commissioner of the division.

Power to appoint Collector. — The State Government shall appoint in each district a Collector who shall exercise therein the powers and discharge the duties conferred and imposed on a Collector by or under this Code or any other enactment for the time being in force.

Power to appoint Additional Collectors. —

1. (1) The State Government may appoint one or more Additional Collector in a district.
2. (2) An Additional Collector shall exercise such powers and discharge such duties conferred and imposed on a Collector by or under this Code or by or under any other enactment for the time being in force, in such cases or class of cases as the State Government may, by a general order, notify or as the Collector of the district may, subject to any general or special restrictions imposed by the State Government, by an order in writing direct.
3. (3) This Code and every other enactment for the time being in force and any rule made under this Code or any such other enactment shall, except where expressly directed otherwise, apply to the Additional Collector, when exercising any powers or discharging any duties under sub-section (2), as if he were the Collector of the district.

Appointment and powers of Assistant Collectors, Joint Collectors and Deputy Collectors. — The State Government may appoint for each district as many persons as it thinks fit to be —

1. (i) Assistant Collectors of the first and second grades;
2. (ii) Joint Collectors; and
3. (iii) Deputy Collectors, who shall exercise such powers as the State Government may, by notification, direct.

Appointment of Tahsildars, Additional Tahsildars and Naib Tahsildars. —

1. (1) The State Government may appoint in each tahsil a Tahsildar and one or more Naib-Tahsildars who shall exercise therein the powers and perform the duties conferred or imposed on them by or under this Code or under any other enactment for the time being in force.
2. (2) The State Government may appoint one or more Additional Tahsildars in a tahsil. An Additional Tahsildar shall exercise such power and discharge such duties conferred or imposed on a Tahsildar by or under this Code or by or under any other enactment for the time being in force as the Collector of the district may by an order in writing direct.

Appointment of Superintendents of Land Records and Assistant Superintendents of Land Records. —

1. (1) The State Government may appoint to each district as many persons as it thinks fit, to be Superintendents of Land Records and Assistant Superintendents of Land Records.
2. (2) The Superintendents and Assistant Superintendents of Land Records shall exercise the powers and perform the duties conferred and imposed on them by or under this Code or any other enactment for the time being in force.

Other Officers. —

1. (1) The State Government may appoint such other officers and invest them with such power as may be necessary to give effect to the provisions of this Code.
2. (2) Such officers shall discharge such duties and be subordinate to such authorities as the State Government may direct.

Sub-Divisional Officers. -

1. (1) The Collector may place one or more Assistant Collectors or 3[Joint Collector or Deputy Collector] in-charge of a sub-division of a district or in-charge of two or more sub-divisions of a district.
2. (2) Such Assistant Collector or 1[Joint Collector or Deputy Collector] shall be called a Sub-Divisional Officer and shall exercise such powers of a Collector as the State Government may, by notification, direct.

Subordination of Revenue Officers. — Unless the Collector otherwise directs, every Revenue Officer in a sub-division shall be subordinate to the Sub-Divisional Officer and a Naib-Tahsildar in a tahsil shall be subordinate to the Tahsildar.

Conferral by State Government of powers of Revenue Officers on Officials and other persons. —

1. (1) The State Government may confer on any person the powers conferred by or under this Code on any Revenue Officer.
2. (2) The State Government may confer on any Assistant Collector, Tahsildar or Naib-Tahsildar the powers conferred by this Code on a Revenue Officer of a higher grade.

Powers exercisable on transfer. —If any Revenue Officer, who has been invested with any powers under this Code in any tahsil or district, is transferred to an equal or higher office of the same nature in any other tahsil or district, he shall, unless the State Government otherwise directs, exercise the same powers under this Code in such other tahsil or district.

Collector in case of temporary vacancy. —If the Collector dies or is disabled from performing his duties, the officer who is temporarily placed in charge of the current duties of the Collector shall be held to be the Collector under this Code until the State Government appoints a successor to the Collector so dying or disabled and such successor takes charge of his appointment.

Place of holding enquiries. —Except for reasons to be recorded in writing, no Revenue Officer shall enquire into, or hear, any ease at any place outside the local limits of his jurisdiction

Power to enter upon and survey land Power to enter upon and survey land. —All Revenue Officers, Revenue Inspectors, measurers and patwaris and when under their observation and control, their servants and workmen when so directed, may enter upon and survey land and demarcate boundaries and do other acts connected with their duties under this Code or any other enactment for the time being in force and in so doing shall cause no more damage than may be required for the due performance of their duties: Provided that no person shall enter into any building or upon any enclosed Court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without giving such occupier at least twenty-four hours' notice, and in making such entry due regard shall be paid to the social and religious sentiments of the occupier.

Power to transfer cases. - - :

1. (1) Whenever it appears to the Board that an order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one Revenue Officer to another Revenue Officer of an equal or superior rank in the same district or any other district.
2. (2) The Commissioner, on an application made to him in this behalf may, if he is of opinion that it is expedient for the ends of justice, order that any particular case be transferred from a Revenue Officer to another Revenue Officer of an equal or superior rank in the same district or any other district in the same division.

Power to transfer cases to and from subordinates-

1. (1) 2A Collector or a Sub-Divisional Officer], may make over any case or class of cases arising under the provisions of this Code or any other enactment for the time being in force, for • decision from his own file to any Revenue Officer subordinate to him competent to decide such case or class of cases, or may withdraw any case or class of cases from any such Revenue Officer and may deal with such case or class of cases himself or refer the same for disposal to any other Revenue Officer subordinate to him competent to decide such case or class of cases.
2. (2) A Commissioner, a Collector, a Sub-Divisional Officer, or a Tahsildar may make over for inquiry and report any case or class of cases arising under the provisions of this Code or any other enactment for the time being in force from his own file to any Revenue Officer subordinate to him.

Conferral of Status of Courts on Board and Revenue Officers. -The Board or a Revenue Officer, while exercising power under this Code or any other enactment for the time being in force to enquire into or to decide any question arising for determination between the State Government and any person or between parties to any proceedings, shall be a Revenue Court.

Inherent power of Revenue Courts. - Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Revenue Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Court.

Powers of Revenue Officers to require attendance of persons and production of documents and to receive evidence. -

1. (1) Subject to the provisions of Sections 132 and 133 of the Code of Civil Procedure, 1908 (V of 1908) and to rules made under Section 41, every Revenue Officer acting as a Revenue Court shall have power to take evidence, to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness or to produce any document for the purposes of any inquiry or case arising under this Code or any other enactment for the time being in force.
2. (2) No person shall be ordered to attend in person, unless he resides —
   • (a) within the limits of the tahsil if the Revenue Officer acting as a Revenue Officer is a Naib-Tahsildar and in the case of any other Revenue Officer, within the local limits of his jurisdiction; or
   • (b) without such limits but at a place less than fifty, or where there is a railway communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where he is summoned to attend, less than two hundred miles distant from such place.
3. (3) Any person present may be required by any such Revenue Officer to give evidence or to produce any document then and there in his possession or power.
4. (4) Every such Revenue Officer shall have power to issue a commission to examine any person who is exempted from attending Court or who cannot be ordered to attend in person or is unable to attend on account of sickness or infirmity.

Compelling attendance of witness. —If any person on whom a summons to attend as witness or to produce any document has been served falls to comply with the summons, the officer by whom the st1111111011s has been issued under Section 33 may —

1. (a) Issue available warrant of arrest;
2. (b) Order him to furnish security for appearance; or
3. (c) Impose upon him a fine not exceeding rupees [one thousand].

Conferral of Status of Courts on Board and Revenue Officers. -The Board or a Revenue Officer, while exercising power under this Code or any other enactment for the time being in force to enquire into or to decide any question arising for determination between the State Government and any person or between parties to any proceedings, shall be a Revenue Court.

Inherent power of Revenue Courts. - Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Revenue Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Court.

Power to award costs. — A Revenue Officer may give and apportion costs incurred in any case or proceeding arising under this Code or any other enactment for the time being in force in such manner and to such extent as he thinks fit :

Manner of executing order to deliver possession of immovable property Manner of executing order to deliver possession of immovable property.— Where any person against whom an order to deliver possession of immovable property has been passed under this Code, such order shall be executed in the following manner, namely:—

1. (a) by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land; and
2. (b) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and
3. (c) if the officer removing any such person shall be resisted or obstructed by any person, the Revenue Officer shall hold a summary enquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance or obstruction still continues, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, take or cause to be taken, such steps and use, or cause to be used, such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the order.

Power of Board to make rules Examination of witnesses on commission and payment of expenses incidental to such examination;

1. (1) Licensing of petition-writers and the regulation of their conduct.
2. (3) Such rules shall be subject to the condition of previous publication and approval of the State Government, and after they are so made and approved they shall be published in the Gazette, and shall, from the date of publication or from such other date as may be specified, have the same force and effect as if they were contained in Schedule I.

Manner of executing order to deliver possession of immovable property.— Where any person against whom an order to deliver possession of immovable property has been passed under this Code, such order shall be executed in the following manner, namely:— (a) by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land; and (b) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and (c) if the officer removing any such person shall be resisted or obstructed by any person, the Revenue Officer shall hold a summary enquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance or obstruction still continues, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, take or cause to be taken, such steps and use, or cause to be used, such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the order.

Examination of witnesses on commission and payment of expenses incidental to such examination; (1) Licensing of petition-writers and the regulation of their conduct. (3) Such rules shall be subject to the condition of previous publication and approval of the State Government, and after they are so made and approved they shall be published in the Gazette, and shall, from the date of publication or from such other date as may be specified, have the same force and effect as if they were contained in Schedule I.

APPEALS, REVISION AND REVIEW

Application of Chapter [Section text not available in the official gazette publication.]

Construction of order [Section text not available in the official gazette publication.]

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.

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. (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 coming into force of this Code in any other case; and
2. (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.]

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.

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.

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.

Appointment of Additional Settlement Commissioners and their powers and duties. —

1. (1) The State Government may appoint one or more Additional Settlement Commissioners.
2. (2) An Additional Settlement Commissioner shall exercise such powers and discharge such duties, conferred and imposed on a Settlement Commissioner 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 Settlement Commissioner may direct and while exercising such powers and discharging such duties, the Additional Settlement Commissioner shall be deemed to have been appointed as a Settlement Commissioner for the purposes of this Code or any other enactment or any rule made under this Code or such other enactment.

Appointment of Settlement, Deputy Settlement and Assistant Settlement Officers . —

1. (1) The State Government may appoint an officer hereinafter called the Settlement 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 fit.
2. (2) All Settlement, Deputy Settlement and Assistant Settlement Officers shall be subordinate to the Settlement Commissioner and all Deputy Settlement and Assistant Settlement Officers in a local area shall be subordinate to the Settlement Officers.

Powers of Settlement, Deputy Settlement and Assistant Settlement Officers. —

1. (1) The State Government may invest any Settlement Officer or Deputy Settlement 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. (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.

Definition of Revenue Survey. —The operations carried out in accordance with the provisions of this part, that is to say —

1. (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. (2) Soil classification;
3. (3) Preparation or, as the case may be, revision or correction of field map;
4. (4) Preparation of record of rights, in order to bring the land records up to date in any local, over area; are called a revenue survey.

Notification of proposed revenue survey. -

1. (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. (2) Such notification may extend to all lands generally in the local area or to such lands only as the State Government may direct.

Formation of survey numbers and villages. —Subject to rules made under this Code, the Settlement Officer, may —

1. (a) Take measurements of the land to which the revenue survey extends and construct such number of survey marks thereon as may be necessary;
2. (b) Divide such lands into survey numbers and group the survey numbers into villages; and
3. (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.

Separate demarcation of land diverted or specially assigned. — Notwithstanding the provisions of Section 68 when any portion of 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 Settlement Officer may make such portion into a separate survey number or sub-division of a survey number.

Power to re-number or sub-divide survey numbers.—(1) The Settlement Officer may either re-number 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. (2) 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

Appointment of Settlement, Deputy Settlement and Assistant Settlement Officers . — (1) The State Government may appoint an officer hereinafter called the Settlement 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 fit. (2) All Settlement, Deputy Settlement and Assistant Settlement Officers shall be subordinate to the Settlement Commissioner and all Deputy Settlement and Assistant Settlement Officers in a local area shall be subordinate to the Settlement Officers.

Powers of Settlement, Deputy Settlement and Assistant Settlement Officers. — (1) The State Government may invest any Settlement Officer or Deputy Settlement 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.

Power of Settlement Officer to divide or unite villages or exclude area there from Power of Settlement Officer to divide or unite villages or exclude area therefrom. — The Settlement Officer may, with the previous sanction of the Settlement Commissioner,—

1. (a) divide a village into two or more villages; or
2. (b) unite two or more villages into one; or
3. (c) exclude any area from a village and constitute such area into a separate village.

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 to such lands only as the State Government may direct.

Formation of survey numbers and villages. —Subject to rules made under this Code, the Settlement Officer, may — (a) Take measurements of the land to which the revenue 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.

Separate demarcation of land diverted or specially assigned. — Notwithstanding the provisions of Section 68 when any portion of 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 Settlement Officer may make such portion into a separate survey number or sub-division of a survey number.

Power to re-number or sub-divide survey numbers.—(1) The Settlement Officer may either re-number 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. (2) 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

Power of Settlement Officer to divide or unite villages or exclude area therefrom. — The Settlement Officer may, with the previous sanction of the Settlement Commissioner,— (a) divide a village into two or more villages; or (b) unite two or more villages into one; or (c) exclude any area from a village and constitute such area into a separate village.

Fixation of assessment rates [Section text not available in the official gazette publication.]

LAND RECORDS

A. Bhoo Adhikar Avam Rin Pustika. —

1. (1) It shall be obligatory upon every bhumiswami, whose name is entered into the khasra or field book prepared under Section 114, to maintain a Bhoo Adhikar Avam Rin Pustika in respect of his all holdings in a village which shall be provided to him on payment of such fee as may be prescribed.
2. (2) The Bhoo Adhikar Avam Rin Pustika shall be in two parts, namely Part I consisting of rights over holding and encumbrances on the holding and Part II consisting of rights over holding, recovery of land revenue in respect of the holding and the encumbrances on the holding and shall contain —
   • (i) such of the entries of khasra or field book pertaining to a holding of a bhumiswami as may be prescribed;
   • (ii) particulars in respect of recovery of land revenue, Government loan and non-Government loan in respect of such holding;
   • (iii) such other particulars as may be prescribed.
3. (3) In case of any difference between the entries contained in the khasra or field book and the Bhoo Adhikar Avam Rin Pustika, the Tahsildar may, either on his own motion or on an application made to him in that behalf and after making such enquiry as he may deem fit, decide the same and the decision of the Tahsildar shall be final.]

[115. Correction of wrong entry in khasra and any other land records by superior officers. — If any Tahsildar finds that a wrong or incorrect entry has been made in the land records prepared under Section 114 by an officer subordinate to him, he shall direct necessary changes to be made therein in red ink after making such enquiry from the person concerned as he may deem fit after due written notice.]

[116. Disputes regarding entry in khasra or in any other land records. —

1. (1) If any person is aggrieved by an entry made in the land records prepared under Section 114 in respect of matters other than those referred to in Section 108, he shall apply to the Tahsildar for its correction within one year of the date of such entry.
2. (2) The Tahsildar shall, after making such enquiry as he may deem fit, pass necessary orders in the matter.]

Presumption as to entries in land records. — All entries made under this Chapter in the land records shall be presumed to be correct until the contrary is proved.

Obligation to furnish information as to title. —

1. (1) Any person, whose rights, interest or liabilities are required to be or have been, entered in any record or register under this Chapter, shall be bound on the requisition in writing of any Revenue Officer, Revenue Inspector or Patwari engaged in compiling or revising the record or register to furnish or produce for his inspection, within one month from the date of such requisition, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.
2. (2) The Revenue Officer, Revenue Inspector or Patwari to whom any information is furnished, or before whom any document is produced under sub-section (1) shall at once give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production and the date the receipt of.

Penalty for neglect to furnish information. —

1. (1) Any person neglecting to make the report required by Section 109, or furnish the information or produce the documents required by Section 118, within the specified period shall be liable, at the discretion of the 4[Tahsildar], to a penalty not exceeding l[one thousand rupees], which shall be recoverable as an arrear of land revenue.
2. (2) Any report regarding the acquisition of any right '[under Section 109] received by the patwari after the specified period shall be dealt with in accordance with the provisions of Section 110.

Requisition of assistance in preparation of maps and record of rights Requisition of assistance in preparation of maps and record of rights. — Subject to rules made under this Code, any Revenue Officer, Revenue Inspector, Measurer or Patwari may, for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter, call upon any holder of land and any holder of plot in abadi to point out the boundaries of his land or plot:

Power to make rules for land records. — The State Government may make rules for regulating the preparation, maintenance and revision of land records required for the purposes of this Code.

Exemption from provisions of this Chapter. — The State Government may, by notification, direct that this Chapter or any provisions thereof shall not apply to any specified local area or to any lands or any class of villages or lands.

Record-of-rights at commencement of Code. —

1. (1) Until record of rights for the villages in the Madhya Bharat, Bhopal, Vindhya Pradesh and Sironj regions is prepared in accordance with the provisions of Section 108 the jamabandi or khatauni of every such village for the agricultural year as the State Government may notify shall, so far as it contains the particulars Specified in Section 108, be deemed to be the record-of-rights, for that village.
2. (2) The jamabandi or khatauni referred to in sub-section (1) shall be published in the village in such manner as may be directed by the Collector. [(3) Objections may be filed to any entry in jamabandi or khatauni which shall be disposed of by the Tahsildar in such manner as may be prescribed.]
3. (4) The jamabandi of the villages in the Mahakoshal region for the agricultural year 4[1954-55] shall continue to be deemed to be record-of-rights of such village until a record-of-rights is prepared in accordance with the provisions of Section 108.

[115. Correction of wrong entry in khasra and any other land records by superior officers. — If any Tahsildar finds that a wrong or incorrect entry has been made in the land records prepared under Section 114 by an officer subordinate to him, he shall direct necessary changes to be made therein in red ink after making such enquiry from the person concerned as he may deem fit after due written notice.]

[116. Disputes regarding entry in khasra or in any other land records. — (1) If any person is aggrieved by an entry made in the land records prepared under Section 114 in respect of matters other than those referred to in Section 108, he shall apply to the Tahsildar for its correction within one year of the date of such entry. (2) The Tahsildar shall, after making such enquiry as he may deem fit, pass necessary orders in the matter.]

Presumption as to entries in land records. — All entries made under this Chapter in the land records shall be presumed to be correct until the contrary is proved.

Obligation to furnish information as to title. — (1) Any person, whose rights, interest or liabilities are required to be or have been, entered in any record or register under this Chapter, shall be bound on the requisition in writing of any Revenue Officer, Revenue Inspector or Patwari engaged in compiling or revising the record or register to furnish or produce for his inspection, within one month from the date of such requisition, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power. (2) The Revenue Officer, Revenue Inspector or Patwari to whom any information is furnished, or before whom any document is produced under sub-section (1) shall at once give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production and the date the receipt of.

Penalty for neglect to furnish information. — (1) Any person neglecting to make the report required by Section 109, or furnish the information or produce the documents required by Section 118, within the specified period shall be liable, at the discretion of the 4[Tahsildar], to a penalty not exceeding l[one thousand rupees], which shall be recoverable as an arrear of land revenue. (2) Any report regarding the acquisition of any right '[under Section 109] received by the patwari after the specified period shall be dealt with in accordance with the provisions of Section 110. [Provison Omitted.]

Requisition of assistance in preparation of maps and record of rights. — Subject to rules made under this Code, any Revenue Officer, Revenue Inspector, Measurer or Patwari may, for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter, call upon any holder of land and any holder of plot in abadi to point out the boundaries of his land or plot:

Power to make rules for land records. — The State Government may make rules for regulating the preparation, maintenance and revision of land records required for the purposes of this Code.

Exemption from provisions of this Chapter. — The State Government may, by notification, direct that this Chapter or any provisions thereof shall not apply to any specified local area or to any lands or any class of villages or lands.

Penalty for obstruction of way, etc

BOUNDARIES AND BOUNDARY MARKS, SURVEY MARKS

Construction of boundary marks of villages and survey numbers or plot numbers [Section text not available in the official gazette publication.]

Disputes regarding boundaries between villages, survey numbers and plot numbers [Section text not available in the official gazette publication.]

Ejectment of persons wrongfully in possession [Section text not available in the official gazette publication.]

Demarcation and maintenance of boundary lines [Section text not available in the official gazette publication.]

Enforcement of repair of boundary or survey marks [Section text not available in the official gazette publication.]

Demarcation of boundaries of survey number or sub-division or plot number [Section text not available in the official gazette publication.]

Penalty for destruction, injury or removal of boundary or survey marks [Section text not available in the official gazette publication.]

Rights of way and other private easements [Section text not available in the official gazette publication.]

Penalty for obstruction of way, etc [Section text not available in the official gazette publication.]

Removal of obstruction [Section text not available in the official gazette publication.]

Execution of bond for abstaining from repetition of certain acts [Section text not available in the official gazette publication.]

Acquisition of land for road, paths, etc [Section text not available in the official gazette publication.]

Power to exempt from operation of this Chapter [Section text not available in the official gazette publication.]

REALISATION OF LAND REVENUE

Land revenue first charge on land [Section text not available in the official gazette publication.]

Responsibility for payment of land revenue [Section text not available in the official gazette publication.]

Land revenue recoverable from any person, in possession [Section text not available in the official gazette publication.]

Dates on which land revenue falls due and is payable [Section text not available in the official gazette publication.]

Definitions of "arrear" and "defaulter" [Section text not available in the official gazette publication.]

Reduction of revenue during the currency of settlement. —

1. (1) Any Bhumiswami may, during the currency of a settlement, apply for a reduction of land revenue payable by him, subject to such rules as may be made in this behalf, on any of the following grounds, namely :—
   • (a) that his land has been wholly or partially rendered unfit for cultivation in consequence of floods or other cause beyond his control;
   • (b) that any irrigation source, whether new or old, constructed and maintained at the cost of the State Government has failed to supply water;
   • (c) that any private irrigation source has failed to supply water;
   • (d) that the area of his holding has decreased.
2. (2) Where a reduction is granted under sub-section (1), it shall take effect from the commencement of the agricultural year next following the date of the order and shall remain in force for such period as the Sub-Divisional Officer may determine. 162.

Rights of transfer

ASSESSMENT AND RE-ASSESSMENT OF LAND IN URBAN AREAS

Moneys recoverable as an arrear of land revenue [Section text not available in the official gazette publication.]

Recovery of moneys from surety [Section text not available in the official gazette publication.]

TENURE-HOLDERS

Class of tenure [Section text not available in the official gazette publication.]

Bhumiswami [Section text not available in the official gazette publication.]

Land revenue payable by bhumiswamis [Section text not available in the official gazette publication.]

Reduction of revenue during the currency of settlement. —

1. (1) Any Bhumiswami may, during the currency of a settlement, apply for a reduction of land revenue payable by him, subject to such rules as may be made in this behalf, on any of the following grounds, namely :—
   • (a) that his land has been wholly or partially rendered unfit for cultivation in consequence of floods or other cause beyond his control;
   • (b) that any irrigation source, whether new or old, constructed and maintained at the cost of the State Government has failed to supply water;
   • (c) that any private irrigation source has failed to supply water;
   • (d) that the area of his holding has decreased.
2. (2) Where a reduction is granted under sub-section (1), it shall take effect from the commencement of the agricultural year next following the date of the order and shall remain in force for such period as the Sub-Divisional Officer may determine.

Rights of transfer [Section text not available in the official gazette publication.]

SCHEDULE I (See Section 41) RULES OF PROCEDURE OF REVENUE OFFICERS AND REVENUE COURTS

ISSUE OF SUMMONS 1. Every summons shall be in writing, in duplicate and shall be signed and sealed by the officer issuing it or by such person as he empowers in his behalf, and it shall specify the time and place at which the person summoned is required to attend, and also whether he is required to give evidence or to produce a document. 2. Every summons to a party shall be accompanied by a concise statement about the subject-matter of the proceedings. 3. A summons to produce documents may be for the production of certain specified documents or for the production of all documents of a certain description in the possession or power of the person summoned.

MODE OF SERVICE OF SUMMONS 4. Every summons shall be served by tendering or delivering a copy of it to the person summoned personally or to his recognised agent. 5. Where the person summoned cannot be found and has no recognised agent, service may be made on any adult male member of the family of the person summoned, who is residing with him. Explanation. — A servant is not a member of the family within the meaning of this rule. 6. Where the serving officer delivers or tenders a copy of the summons to the person summoned personally or to his recognised agent or other person on his behalf, he shall require the signature of the person, to whom the copy is delivered or tendered to an acknowledgement of service endorsed on the original summons. 7. If service of the summons cannot be effected in the manner provided in Rules 4, 5 and 6 a copy thereof should be affixed at the last known place of residence of the person summoned or at some place of public resort in such village. 8. Where a copy of the summons is affixed as provided in Rule 7, the serving officer shall return the original copy of the summons to the Court from which it was issued with a report endorsed thereon or annexed thereto stating that he has affixed the copy, the circumstances under which he did so and the name and the address of the person in whose presence the copy was affixed and where the Copy is affixed at the last known place of residence of the person summoned, the report shall also contain the name and address of the person, if any, by whom the house was identified. 9. If the person summoned resides in another district, the summons may be sent by post to the Collector of such district for service.

MODE OF COMPLIANCE WITH SUMMONS 10. Subject to the provisions of the Code whoever is summoned to appear before a Revenue Officer to give evidence shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document, shall either attend to produce it, or cause it to be produced, at such time and place.

MODE OF SERVING NOTICE 11. Every notice shall be served by tendering or delivering a copy of it to the person concerned personally or to his recognised agent Provided that, where the recognised agent of the person concerned is a pleader, the notice may be served by leaving a copy thereof at his office or at the place of his ordinary residence, and such service shall be deemed to be as effectual as service on the recognised agent personally. 12. Where the person concerned cannot be found and has no recognised agent, service may be made on any adult male member of the family of the person concerned, who is residing with him. Explanation. — A servant is not a member of the family within the meaning of this rule. 13. Where the serving officer delivers or tenders a copy of the notice to the person concerned personally or to an agent or other person on his behalf, he shall require the signature of the person, to whom the copy is delivered or tendered to an acknowledgement of service endorsed on the original notice. 14. If service of the notice cannot be effected in the manner provided in Rules 11, 12 and 13 a copy thereof may be affixed at the last known place of residence of the person concerned or at some place of public resort in the village in which the land to which the notice relates is situate or from which the land is cultivated. 15. Where a copy of the notice is affixed as provided in Rule 14, the serving officer shall return the original copy of the notice to the officer who issued it, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, the name and address of the person in whose presence the copy was affixed and where the copy is affixed at the last known place of residence of the person noticed, the report shall also contain the name and address of the person by whom the house was identified. 16. If the person to whom a notice is to be served resides in another district, the notice may be sent by post to the Collector of such district for service.

MODE OF ISSUING PROCLAMATIONS 17. Whenever a proclamation is issued under this Code, copies thereof shall be posted on the notice board Of the office of the Revenue Officer issuing it, at the headquarters of the tahsil within which the land to which it refers is situate, and at some place of public resort on or adjacent to the land to which it refers, and unless the officer issuing it otherwise directs, the proclamation shall be further published by beat of drum on or near the land to which it refers.

ORDER 18. Every original order passed by a Revenue Officer in any proceedings shall contain a concise statement of the case, the points for decision, the decision thereon and the reasons for such decision.

ATTACHMENT 19. Attachment of movable property other than agricultural produce in possession of defaulter—(1) Where the property to be attached is movable property other than agricultural produce, in the possession of the defaulter, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody or in the custody of any of his subordinates and shall be responsible for the due custody thereof : Provided that, when the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once : Provided further that when the property attached consists of live-stock, agricultural implements or other articles which cannot be conveniently removed, and the attaching officer does not act under the first proviso to this rule, he may at the instance of the defaulter or any person claiming to be interested in such property, leave it in the village or at the place where it has been attached—

1. (a) in the charge of the defaulter, or of the station pound-keeper, if any; or
2. (b) in the charge of the person claiming to be interested in such property or of such respectable person as will undertake to keep such property, on his entering into a bond with one or more sureties in an amount not less than the value of the property, that he will take proper care of such property and produce it when called for.

1. (2) The attaching officer shall make a list of the property attached and shall obtain thereto the acknowledgement of the person in whose custody the property is left, and if possible, of the defaulter and of at least one respectable person in attestation of the correctness of the list. If the property attached includes both live-stock and other articles a separate list of the live-stock shall similarly be prepared and attested. 20.
2. (1) Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment—
   • (a) where such produce is a growing crop, on the land on which such crop has grown; or
   • (b) where such produce has been cut or gathered, on the threshing floor or place for treading out gain or the like or fodder-stack on or in which it is deposited; and another copy on the outer door or on some other conspicuous part of the house in which the defaulter ordinarily resides or if there is no such house, on the outer door or on some other conspicuous part of the house in which he carries on business or personally works for gain or in which he is known to have last resided or carried on business or personally worked for gain; and the produce shall thereupon be deemed to have passed into the possession of the Court.
3. (2) The attaching officer shall make such arrangements for the custody of the agricultural produce as he may consider sufficient and also to tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it.
4. (3) The costs incurred under sub-rule (2) shall be borne by the defaulter. 21.
5. (1) Where the live-stock attached is not left in the charge of the defaulter, the expenses for feeding and watering it shall be charged at such rate as the Collector may, by general or special order, fix.
6. (2) Where the property attached is movable property other than agricultural produce or live-stock, and is not left in the charge of the defaulter, the expenditure for its safe custody shall be charged at such rate as the Collector may, by general or special order, fix.
7. (3) The costs incurred under sub-rules (1) and (2) shall be first charge on the sale-proceeds of the property. 22. The provisions of Order XXI, Rules 46 to 53 of the Code of Civil Procedure, 1908 (V of 1908) regarding the attachment of the several classes of movable property dealt with in those rules shall as far as may be, apply to the attachment made under this Code. 23.
8. (1) Where the property is immovable, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge
9. (2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then on the notice board of the office of the Revenue Officer.
10. (3) The order shall take effect as against purchasers for value in good faith from the date when a copy of the order is affixed on the property and against all other transferees from the defaulter from the date on which such order is made. 24.
11. (1) If any claim is set up by a third person to the property attached or proceeded against under the provisions of this Code, the Revenue Officer shall enquire into the claim and may admit or reject it.
12. (2) The person against whom an order is made under sub-rule (1) may, within one year from the date of the order, institute a suit to establish the right which he claims to the property attached or proceeded against; but subject to the result of such suit, if any, the order shall be conclusive. SALE GENERALLY 25. Every sale shall be conducted by an officer or other person appointed by a general or special order in this behalf and shall be made by public auction. 26.
13. (1) The Revenue Officer shall cause a proclamation of the intended sale to be made stating the time and place of sale and specifying as fairly and accurately as possible—
    • (a) the property to be sold;
    • (b) the land revenue assessed upon the land where the property to be sold is an interest in land paying revenue to the Government;
    • (c) the amount for the recovery of which the sale is ordered; and
    • (d) every other thing which the Revenue Officer considers material for a purchaser to know in order to judge the nature and the value of the property.
14. (2) A copy of the proclamation issued under sub-rule (1) where it relates to the sale of any holding shall be sent to the Co-operative and the Land Mortgage Bank operating within that area in which the holding is situate. 27. The Revenue Officer may, if he considers this necessary, summon the defaulter and examine him with respect to any matters to be included in the sale proclamation. 28. Save in the case of property of the kind described in the first proviso to Rule 19, no sale hereunder shall, without the consent in writing of the defaulter take place—
    • (i) on Sunday or on any authorised Civil Court holidays or on any day declared as a local holiday for the area in which the sale is to be held; and
    • (ii) until after the expiration of at least thirty days from the date on which the proclamation thereof was made. 29.
15. (1) The Revenue Officer may, in his discretion, adjourn any sale hereunder to a specified day and hour and the officer conducting any such sale may, in his discretion, adjourn the sale recording his reasons for such adjournment Provided that where the order of the Revenue Officer can be obtained in time, no such adjournment shall be made without such order.
16. (2) Where a sale is adjourned under sub-rule (1) for a longer period than fifteen days, a fresh proclamation shall be made unless the defaulter consents to waive it.
17. (3) Every sale shall be stopped if, before the lot is knocked down, the amount due and costs are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such dues and costs have been paid to the Revenue Officer who ordered the sale. 30. Any deficiency of price which may happen on a resale by reason of the purchaser's default shall be recoverable from the defaulting purchaser as if it were an arrear of land revenue. 31. No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold. SALE OF MOVABLE PROPERTY 32.
18. (1) Where the property to be sold is agricultural produce, the sale shall be held—
    • (a) if such produce is a growing crop, on or near the land on which such crop has grown; or
    • (b) if such produce has been cut or gathered, at or near the threshing floor or place for treading out grain or the like or fodder stack : Provided that the Revenue Officer may direct the sale to be held at the nearest place of public resort, if he is of opinion that the produce is thereby likely to sell to greater advantage.
19. (2) Where, on the produce being put up for sale—
    • (a) a fair price, in the estimation of the person holding the sale, is not offered for it; and
    • (b) the owner of the produce or a person authorised to act in his behalf applies to have the sale postponed till the next day or, if a market is held at the place of sale, the next market day. The sale shall be postponed accordingly and shall be then completed, whatever price may be offered for the produce. 33.
20. (1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing.
21. (2) Where the crop from its nature does not admit of being stored, or where it appears to the Revenue Officer that the crop can be sold to greater advantage in an unripe state, it may be sold before it is cut and gathered, and the purchaser shall be entitled to enter on the land and to do all that is necessary for the purpose of tending and cutting or gathering it. 34.
22. (1) Where movable property is sold by public auction, the price of each lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs, and in default of payment the property shall forthwith be resold.
23. (2) On payment of the purchase money, the officer or other person holding the sale shall grant a receipt for the same, and the sale shall become absolute.
24. (3) Where the movable property to be sold is a share in goods belonging to the defaulter and a co-owner, and two or more persons, of whom one is such co-owner, respectively bid the same sum for such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner. 35. No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by reason of such irregularity at the hand of any other person may institute a suit against him for compensation or (if such other person is the purchaser) for the recovery of the specific property and for compensation in default of such recovery. 36.
25. (1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser.
26. (2) In the case of any other movable property, the Revenue Officer may make an order vesting such property in the purchaser or as he may direct; and such property shall vest accordingly. SALE OF IMMOVABLE PROPERTY 37. On every sale of immovable property the person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty-five per cent on the amount of his purchase money to the officer or other person conducting the sale, and in default of such deposit, the property shall forthwith be resold. 38. The full amount of purchase money payable shall be paid by the purchaser within fifteen days from the date of the sale of the property. 39. In default of payment within the period mentioned in Rule 38, the deposit may, if the Revenue Officer thinks fit after defraying the expenses, of the sale, be forfeited to the Government, and the property shall be resold and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold. 40.
27. (1) Where immovable property has been sold under this Code, any person, either owning such property or holding an interest therein by virtue of a title acquired before such sale may, at any time within thirty days from the date of sale, apply, to the Revenue Officer to have the sale set aside on his depositing—
    • (a) for payment to the purchaser, a sum equal to five per cent of the purchase money;
    • (b) for payment on account of the arrear, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered less any amount which may have been paid since the date of the sale on this account; and
    • (c) the cost of the sale.
28. (2) If such deposit is made within thirty days from the date of the sale the Revenue Officer shall pass an order setting aside the sale : Provided that, if a person applies under Rule 41 to have such sale set aside, he shall not be entitled to make an application under this rule. 41. At any time within thirty days from the date of sale, any person whose interests are affected by such sale may apply to the Revenue Officer to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it, and the Revenue Officer may, after giving notice to the persons affected thereby, pass an order setting aside the sale and may order resale; but no sale shall be set aside on such grounds unless the applicant proves to the satisfaction of the Revenue Officer that he has sustained substantial injury by such irregularity or mistake. 42. Except in a case where land has been sold for arrears, which form a charge on the land, the purchaser may, at any time within thirty days from the date of sale, apply to the Revenue Officer to set aside the sale on the ground that the defaulter had no saleable interest in the property sold and the Revenue Officer shall, after due inquiry, pass such orders on such application as he deems fit. 43. No resale under Rule 41 shall be made until a fresh proclamation has been published as laid down in Rule 26. 44. On the expiry of thirty days from the date of sale, if no application has been made under Rule 40, 41 or 42 or if such application has been made and rejected, the Revenue Officer shall pass an order confirming the sale: Provided that, if the Collector has reason to think that the sale ought to be set aside—
    • (i) notwithstanding that no such application has been made; or
    • (ii) on grounds other than those alleged in any application which has been made and rejected; or
    • (iii) notwithstanding that a period of thirty days from the date of sale has expired; he may, after recording his reasons in writing, set aside the sale at any time before making an order confirming the sale. 45.
29. (1) If no application under Rule 41 is Made within the time allowed therefore, all claims on the grounds of irregularity or mistake shall be barred.
30. (2) Nothing in sub-rule (1) shall bar the institution of a suit in the Civil Court to set aside a sale on the ground of fraud or on the ground that the arrear for which the property is sold is not due or on the ground that the defaulter had no saleable interest in the property sold. 46. If the sale of any property is set aside under Rule 40, 41' 42 or 44 the amount of purchase money deposited by the purchaser shall be refunded to him. CERTIFICATE OF PURCHASE AND DELIVERY OF POSSESSION 47. If the sale of any immovable property has been confirmed, the Revenue Officer shall grant a certificate to the purchaser specifying the date on which the sale is confirmed, the property sold, and the name of the purchaser and shall put the purchaser in possession of such property. 48.
31. (1) Where the purchaser is resisted or obstructed by any person is obtaining possession of the property, he may make an application to the Revenue Officer complaining of such resistance or obstruction.
32. (2) The Revenue Officer shall fix a date for investigating the matter and shall summon the party against whom the application is made to appear and answer the same. 49. Where the Revenue Officer is satisfied that the resistance or obstruction was occasioned—
    • (a) by the defaulter or some Other person at his instigation; or
    • (b) by any person in the case of a purchase of land sold for arrears of land revenue due in respect thereof; he shall direct that the purchaser be put into possession of the property. 50. Where in any case to which Rule 49 does not apply, the Revenue Officer is satisfied that the resistance or obstruction was caused by any person claiming in good faith to be in possession of the property on his Own account or on account of some person other than the defaulter, the Revenue Officer shall make an order dismissing the application. 51.
33. (1) Where any person other than the defaulter is dispossessed of immovable property by the purchaser of such property, he may make an application to the Revenue Officer complaining of such dispossession.
34. (2) The Revenue Officer shall fix a date for investigating the matter and shall summon the purchaser to appear and answer the same. 52. Where the Revenue Officer is satisfied that the applicant was in possession of the property on his own account, or on account of some person other than the defaulter, he shall direct that the applicant be put into possession of the property. 53. Any party not being a defaulter against whom an order is made under Rule 49, 50 or 52 may institute a suit to establish the right which he claims to the present possession of the property but subject to the result of such suit, if any, the order shall be conclusive. COMMISSIONS TO EXAMINE WITNESSES 54. Any Revenue Officer may in any proceedings issue a commission for the examination on interrogatories or otherwise of any person who is exempted from attending the Court or who is from sickness or infirmity unable to attend it. 55. An order for the issue of a commission for the examination of a witness may be made by the Revenue Officer either of his own motion or on the application, supported by affidavit or otherwise, Of any party to the proceedings or of the witness to be examined. 56. Any Revenue Officer may, in any proceedings issue a commission for the examination of—
    • (a) any person resident beyond the local limits of his jurisdiction;
    • (b) any person who is about to leave such limits before the date on which he is required to be examined in Court;
    • (c) any person in the service of the Central or the State Government who cannot, in the opinion of such Revenue Officer, attend without detriment to the public service. 57.
35. (1) A commission for the examination of a person may be issued to any person whom the Court thinks fit to execute it, or to any other Revenue Officer who can conveniently examine such person.
36. (2) Every Revenue Officer receiving a commission for the examination of any person shall examine him or cause him to be examined pursuant thereto.
37. (3) The Revenue Officer on issuing any commission under this rule shall direct whether the commission shall be returned to himself or to any Revenue Officer subordinate to him. 58. Where a commission has been duly executed, it shall be returned together with the evidence taken under it, to the Revenue Officer by whom it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order; and the commission and the return thereto and the evidence taken under it shall (subject to the provisions of the next following rule) form part of the record of the proceedings. 59. Evidence taken under a commission shall not be read as evidence in the proceeding without consent of the party against whom the same is offered, unless—
    • (a) the person who gave the evidence is beyond the jurisdiction of the Court, or dead or unable from sickness or infirmity to attend to be personally examined, or exempted from personal appearance in Court, or is a person in the service of the Central or the State Government who cannot, in the opinion of the Revenue Officer, attend without detriment to the public service.
    • (b) the Revenue Officer in his discretion dispenses with the proof of any of the circumstances mentioned in clause (a) and authorises the evidence of any person being read as evidence in the proceedings, notwithstanding proof that the cause for taking such evidence by commission has ceased at the time of reading the same. 60. Before issuing any commission under these rules, the Revenue Officer may order such sum (if any) as he thinks reasonable for the expenses of the commission to be, within a time to be fixed, paid by the party at whose instance or for whose benefit the commission is issued. 61.
38. (1) The provisions of this Code relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and penalties to be imposed upon witness, shall apply to persons required to give evidence or to produce documents under these rules and for the purposes of this rule the Commissioner shall be deemed to be a Revenue Court.
39. (2) A Commissioner may apply to any Revenue Officer within the local limits of whose jurisdiction a witness resides for the issue of any process which he may find it necessary to issue to, or against, such witness, and such Revenue Officer may, in his discretion, issue such process as he considers reasonable and proper. 62.
40. (1) Where a commission is issued under these rules, the Revenue Officer shall direct that the parties to the proceedings shall appear before the Commissioner in person or by their agents or pleaders.
41. (2) Where all or any of the parties do not so appear, the Commissioner may proceed in their absence. PROCEEDING BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND 63. Every application by a minor shall be filed in his name by a person acting as the guardian of the minor. 64. Where the non-applicant is a minor the Revenue Officer, on being satisfied of the fact of his minority, shall appoint a proper person to be the guardian of such minor for the purpose of the proceedings 65. Any person who is of sound mind and has attained majority and whose interest is not adverse to that of the minor may act as guardian for a minor party in the proceedings. 66. In the case where a non-applicant is a minor and the guardian appointed has no funds to meet the necessary expenses, the Revenue Officer may direct the applicant to deposit a sufficient sum for the purpose. The costs so incurred by the applicant shall be adjusted in accordance with the final order passed in respect of the costs. 67.
42. (1) No guardian shall, without the leave of the Revenue Officer, expressly recorded in the proceeding, enter into any agreement or compromise on behalf of a minor with reference to the proceedings in which he acts as his guardian.
43. (2) Any such agreement or compromise entered into without the leave of the Revenue Officer so recorded, shall be voidable against all parties other than the minor. 68. The provisions contained in Rules 63 to 67, shall apply mutatis mutandis to persons of unsound mind.

(See Section 41) RULES OF PROCEDURE OF REVENUE OFFICERS AND REVENUE COURTS ISSUE OF SUMMONS 1. Every summons shall be in writing, in duplicate and shall be signed and sealed by the officer issuing it or by such person as he empowers in his behalf, and it shall specify the time and place at which the person summoned is required to attend, and also whether he is required to give evidence or to produce a document. 2. Every summons to a party shall be accompanied by a concise statement about the subject-matter of the proceedings. 3. A summons to produce documents may be for the production of certain specified documents or for the production of all documents of a certain description in the possession or power of the person summoned. MODE OF SERVICE OF SUMMONS 4. Every summons shall be served by tendering or delivering a copy of it to the person summoned personally or to his recognised agent. 5. Where the person summoned cannot be found and has no recognised agent, service may be made on any adult male member of the family of the person summoned, who is residing with him. Explanation. — A servant is not a member of the family within the meaning of this rule. 6. Where the serving officer delivers or tenders a copy of the summons to the person summoned personally or to his recognised agent or other person on his behalf, he shall require the signature of the person, to whom the copy is delivered or tendered to an acknowledgement of service endorsed on the original summons. 7. If service of the summons cannot be effected in the manner provided in Rules 4, 5 and 6 a copy thereof should be affixed at the last known place of residence of the person summoned or at some place of public resort in such village. 8. Where a copy of the summons is affixed as provided in Rule 7, the serving officer shall return the original copy of the summons to the Court from which it was issued with a report endorsed thereon or annexed thereto stating that he has affixed the copy, the circumstances under which he did so and the name and the address of the person in whose presence the copy was affixed and where the Copy is affixed at the last known place of residence of the person summoned, the report shall also contain the name and address of the person, if any, by whom the house was identified. 9. If the person summoned resides in another district, the summons may be sent by post to the Collector of such district for service. MODE OF COMPLIANCE WITH SUMMONS 10. Subject to the provisions of the Code whoever is summoned to appear before a Revenue Officer to give evidence shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document, shall either attend to produce it, or cause it to be produced, at such time and place. MODE OF SERVING NOTICE 11. Every notice shall be served by tendering or delivering a copy of it to the person concerned personally or to his recognised agent Provided that, where the recognised agent of the person concerned is a pleader, the notice may be served by leaving a copy thereof at his office or at the place of his ordinary residence, and such service shall be deemed to be as effectual as service on the recognised agent personally. 12. Where the person concerned cannot be found and has no recognised agent, service may be made on any adult male member of the family of the person concerned, who is residing with him. Explanation. — A servant is not a member of the family within the meaning of this rule. 13. Where the serving officer delivers or tenders a copy of the notice to the person concerned personally or to an agent or other person on his behalf, he shall require the signature of the person, to whom the copy is delivered or tendered to an acknowledgement of service endorsed on the original notice. 14. If service of the notice cannot be effected in the manner provided in Rules 11, 12 and 13 a copy thereof may be affixed at the last known place of residence of the person concerned or at some place of public resort in the village in which the land to which the notice relates is situate or from which the land is cultivated. 15. Where a copy of the notice is affixed as provided in Rule 14, the serving officer shall return the original copy of the notice to the officer who issued it, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, the name and address of the person in whose presence the copy was affixed and where the copy is affixed at the last known place of residence of the person noticed, the report shall also contain the name and address of the person by whom the house was identified. 16. If the person to whom a notice is to be served resides in another district, the notice may be sent by post to the Collector of such district for service. MODE OF ISSUING PROCLAMATIONS 17. Whenever a proclamation is issued under this Code, copies thereof shall be posted on the notice board Of the office of the Revenue Officer issuing it, at the headquarters of the tahsil within which the land to which it refers is situate, and at some place of public resort on or adjacent to the land to which it refers, and unless the officer issuing it otherwise directs, the proclamation shall be further published by beat of drum on or near the land to which it refers. ORDER 18. Every original order passed by a Revenue Officer in any proceedings shall contain a concise statement of the case, the points for decision, the decision thereon and the reasons for such decision. ATTACHMENT 19. Attachment of movable property other than agricultural produce in possession of defaulter—(1) Where the property to be attached is movable property other than agricultural produce, in the possession of the defaulter, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody or in the custody of any of his subordinates and shall be responsible for the due custody thereof : Provided that, when the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once : Provided further that when the property attached consists of live-stock, agricultural implements or other articles which cannot be conveniently removed, and the attaching officer does not act under the first proviso to this rule, he may at the instance of the defaulter or any person claiming to be interested in such property, leave it in the village or at the place where it has been attached— (a) in the charge of the defaulter, or of the station pound-keeper, if any; or (b) in the charge of the person claiming to be interested in such property or of such respectable person as will undertake to keep such property, on his entering into a bond with one or more sureties in an amount not less than the value of the property, that he will take proper care of such property and produce it when called for. (2) The attaching officer shall make a list of the property attached and shall obtain thereto the acknowledgement of the person in whose custody the property is left, and if possible, of the defaulter and of at least one respectable person in attestation of the correctness of the list. If the property attached includes both live-stock and other articles a separate list of the live-stock shall similarly be prepared and attested. 20. (1) Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment— (a) where such produce is a growing crop, on the land on which such crop has grown; or (b) where such produce has been cut or gathered, on the threshing floor or place for treading out gain or the like or fodder-stack on or in which it is deposited; and another copy on the outer door or on some other conspicuous part of the house in which the defaulter ordinarily resides or if there is no such house, on the outer door or on some other conspicuous part of the house in which he carries on business or personally works for gain or in which he is known to have last resided or carried on business or personally worked for gain; and the produce shall thereupon be deemed to have passed into the possession of the Court. (2) The attaching officer shall make such arrangements for the custody of the agricultural produce as he may consider sufficient and also to tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it. (3) The costs incurred under sub-rule (2) shall be borne by the defaulter. 21. (1) Where the live-stock attached is not left in the charge of the defaulter, the expenses for feeding and watering it shall be charged at such rate as the Collector may, by general or special order, fix. (2) Where the property attached is movable property other than agricultural produce or live-stock, and is not left in the charge of the defaulter, the expenditure for its safe custody shall be charged at such rate as the Collector may, by general or special order, fix. (3) The costs incurred under sub-rules (1) and (2) shall be first charge on the sale-proceeds of the property. 22. The provisions of Order XXI, Rules 46 to 53 of the Code of Civil Procedure, 1908 (V of 1908) regarding the attachment of the several classes of movable property dealt with in those rules shall as far as may be, apply to the attachment made under this Code. 23. (1) Where the property is immovable, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge (2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then on the notice board of the office of the Revenue Officer. (3) The order shall take effect as against purchasers for value in good faith from the date when a copy of the order is affixed on the property and against all other transferees from the defaulter from the date on which such order is made. 24. (1) If any claim is set up by a third person to the property attached or proceeded against under the provisions of this Code, the Revenue Officer shall enquire into the claim and may admit or reject it. (2) The person against whom an order is made under sub-rule (1) may, within one year from the date of the order, institute a suit to establish the right which he claims to the property attached or proceeded against; but subject to the result of such suit, if any, the order shall be conclusive. SALE GENERALLY 25. Every sale shall be conducted by an officer or other person appointed by a general or special order in this behalf and shall be made by public auction. 26. (1) The Revenue Officer shall cause a proclamation of the intended sale to be made stating the time and place of sale and specifying as fairly and accurately as possible— (a) the property to be sold; (b) the land revenue assessed upon the land where the property to be sold is an interest in land paying revenue to the Government; (c) the amount for the recovery of which the sale is ordered; and (d) every other thing which the Revenue Officer considers material for a purchaser to know in order to judge the nature and the value of the property. (2) A copy of the proclamation issued under sub-rule (1) where it relates to the sale of any holding shall be sent to the Co-operative and the Land Mortgage Bank operating within that area in which the holding is situate. 27. The Revenue Officer may, if he considers this necessary, summon the defaulter and examine him with respect to any matters to be included in the sale proclamation. 28. Save in the case of property of the kind described in the first proviso to Rule 19, no sale hereunder shall, without the consent in writing of the defaulter take place— (i) on Sunday or on any authorised Civil Court holidays or on any day declared as a local holiday for the area in which the sale is to be held; and (ii) until after the expiration of at least thirty days from the date on which the proclamation thereof was made. 29. (1) The Revenue Officer may, in his discretion, adjourn any sale hereunder to a specified day and hour and the officer conducting any such sale may, in his discretion, adjourn the sale recording his reasons for such adjournment Provided that where the order of the Revenue Officer can be obtained in time, no such adjournment shall be made without such order. (2) Where a sale is adjourned under sub-rule (1) for a longer period than fifteen days, a fresh proclamation shall be made unless the defaulter consents to waive it. (3) Every sale shall be stopped if, before the lot is knocked down, the amount due and costs are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such dues and costs have been paid to the Revenue Officer who ordered the sale. 30. Any deficiency of price which may happen on a resale by reason of the purchaser's default shall be recoverable from the defaulting purchaser as if it were an arrear of land revenue. 31. No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold. SALE OF MOVABLE PROPERTY 32. (1) Where the property to be sold is agricultural produce, the sale shall be held— (a) if such produce is a growing crop, on or near the land on which such crop has grown; or (b) if such produce has been cut or gathered, at or near the threshing floor or place for treading out grain or the like or fodder stack : Provided that the Revenue Officer may direct the sale to be held at the nearest place of public resort, if he is of opinion that the produce is thereby likely to sell to greater advantage. (2) Where, on the produce being put up for sale— (a) a fair price, in the estimation of the person holding the sale, is not offered for it; and (b) the owner of the produce or a person authorised to act in his behalf applies to have the sale postponed till the next day or, if a market is held at the place of sale, the next market day. The sale shall be postponed accordingly and shall be then completed, whatever price may be offered for the produce. 33. (1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing. (2) Where the crop from its nature does not admit of being stored, or where it appears to the Revenue Officer that the crop can be sold to greater advantage in an unripe state, it may be sold before it is cut and gathered, and the purchaser shall be entitled to enter on the land and to do all that is necessary for the purpose of tending and cutting or gathering it. 34. (1) Where movable property is sold by public auction, the price of each lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs, and in default of payment the property shall forthwith be resold. (2) On payment of the purchase money, the officer or other person holding the sale shall grant a receipt for the same, and the sale shall become absolute. (3) Where the movable property to be sold is a share in goods belonging to the defaulter and a co-owner, and two or more persons, of whom one is such co-owner, respectively bid the same sum for such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner. 35. No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by reason of such irregularity at the hand of any other person may institute a suit against him for compensation or (if such other person is the purchaser) for the recovery of the specific property and for compensation in default of such recovery. 36. (1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser. (2) In the case of any other movable property, the Revenue Officer may make an order vesting such property in the purchaser or as he may direct; and such property shall vest accordingly. SALE OF IMMOVABLE PROPERTY 37. On every sale of immovable property the person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty-five per cent on the amount of his purchase money to the officer or other person conducting the sale, and in default of such deposit, the property shall forthwith be resold. 38. The full amount of purchase money payable shall be paid by the purchaser within fifteen days from the date of the sale of the property. 39. In default of payment within the period mentioned in Rule 38, the deposit may, if the Revenue Officer thinks fit after defraying the expenses, of the sale, be forfeited to the Government, and the property shall be resold and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold. 40. (1) Where immovable property has been sold under this Code, any person, either owning such property or holding an interest therein by virtue of a title acquired before such sale may, at any time within thirty days from the date of sale, apply, to the Revenue Officer to have the sale set aside on his depositing— (a) for payment to the purchaser, a sum equal to five per cent of the purchase money; (b) for payment on account of the arrear, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered less any amount which may have been paid since the date of the sale on this account; and (c) the cost of the sale. (2) If such deposit is made within thirty days from the date of the sale the Revenue Officer shall pass an order setting aside the sale : Provided that, if a person applies under Rule 41 to have such sale set aside, he shall not be entitled to make an application under this rule. 41. At any time within thirty days from the date of sale, any person whose interests are affected by such sale may apply to the Revenue Officer to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it, and the Revenue Officer may, after giving notice to the persons affected thereby, pass an order setting aside the sale and may order resale; but no sale shall be set aside on such grounds unless the applicant proves to the satisfaction of the Revenue Officer that he has sustained substantial injury by such irregularity or mistake. 42. Except in a case where land has been sold for arrears, which form a charge on the land, the purchaser may, at any time within thirty days from the date of sale, apply to the Revenue Officer to set aside the sale on the ground that the defaulter had no saleable interest in the property sold and the Revenue Officer shall, after due inquiry, pass such orders on such application as he deems fit. 43. No resale under Rule 41 shall be made until a fresh proclamation has been published as laid down in Rule 26. 44. On the expiry of thirty days from the date of sale, if no application has been made under Rule 40, 41 or 42 or if such application has been made and rejected, the Revenue Officer shall pass an order confirming the sale: Provided that, if the Collector has reason to think that the sale ought to be set aside— (i) notwithstanding that no such application has been made; or (ii) on grounds other than those alleged in any application which has been made and rejected; or (iii) notwithstanding that a period of thirty days from the date of sale has expired; he may, after recording his reasons in writing, set aside the sale at any time before making an order confirming the sale. 45. (1) If no application under Rule 41 is Made within the time allowed therefore, all claims on the grounds of irregularity or mistake shall be barred. (2) Nothing in sub-rule (1) shall bar the institution of a suit in the Civil Court to set aside a sale on the ground of fraud or on the ground that the arrear for which the property is sold is not due or on the ground that the defaulter had no saleable interest in the property sold. 46. If the sale of any property is set aside under Rule 40, 41' 42 or 44 the amount of purchase money deposited by the purchaser shall be refunded to him. CERTIFICATE OF PURCHASE AND DELIVERY OF POSSESSION 47. If the sale of any immovable property has been confirmed, the Revenue Officer shall grant a certificate to the purchaser specifying the date on which the sale is confirmed, the property sold, and the name of the purchaser and shall put the purchaser in possession of such property. 48. (1) Where the purchaser is resisted or obstructed by any person is obtaining possession of the property, he may make an application to the Revenue Officer complaining of such resistance or obstruction. (2) The Revenue Officer shall fix a date for investigating the matter and shall summon the party against whom the application is made to appear and answer the same. 49. Where the Revenue Officer is satisfied that the resistance or obstruction was occasioned— (a) by the defaulter or some Other person at his instigation; or (b) by any person in the case of a purchase of land sold for arrears of land revenue due in respect thereof; he shall direct that the purchaser be put into possession of the property. 50. Where in any case to which Rule 49 does not apply, the Revenue Officer is satisfied that the resistance or obstruction was caused by any person claiming in good faith to be in possession of the property on his Own account or on account of some person other than the defaulter, the Revenue Officer shall make an order dismissing the application. 51. (1) Where any person other than the defaulter is dispossessed of immovable property by the purchaser of such property, he may make an application to the Revenue Officer complaining of such dispossession. (2) The Revenue Officer shall fix a date for investigating the matter and shall summon the purchaser to appear and answer the same. 52. Where the Revenue Officer is satisfied that the applicant was in possession of the property on his own account, or on account of some person other than the defaulter, he shall direct that the applicant be put into possession of the property. 53. Any party not being a defaulter against whom an order is made under Rule 49, 50 or 52 may institute a suit to establish the right which he claims to the present possession of the property but subject to the result of such suit, if any, the order shall be conclusive. COMMISSIONS TO EXAMINE WITNESSES 54. Any Revenue Officer may in any proceedings issue a commission for the examination on interrogatories or otherwise of any person who is exempted from attending the Court or who is from sickness or infirmity unable to attend it. 55. An order for the issue of a commission for the examination of a witness may be made by the Revenue Officer either of his own motion or on the application, supported by affidavit or otherwise, Of any party to the proceedings or of the witness to be examined. 56. Any Revenue Officer may, in any proceedings issue a commission for the examination of— (a) any person resident beyond the local limits of his jurisdiction; (b) any person who is about to leave such limits before the date on which he is required to be examined in Court; (c) any person in the service of the Central or the State Government who cannot, in the opinion of such Revenue Officer, attend without detriment to the public service. 57. (1) A commission for the examination of a person may be issued to any person whom the Court thinks fit to execute it, or to any other Revenue Officer who can conveniently examine such person. (2) Every Revenue Officer receiving a commission for the examination of any person shall examine him or cause him to be examined pursuant thereto. (3) The Revenue Officer on issuing any commission under this rule shall direct whether the commission shall be returned to himself or to any Revenue Officer subordinate to him. 58. Where a commission has been duly executed, it shall be returned together with the evidence taken under it, to the Revenue Officer by whom it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order; and the commission and the return thereto and the evidence taken under it shall (subject to the provisions of the next following rule) form part of the record of the proceedings. 59. Evidence taken under a commission shall not be read as evidence in the proceeding without consent of the party against whom the same is offered, unless— (a) the person who gave the evidence is beyond the jurisdiction of the Court, or dead or unable from sickness or infirmity to attend to be personally examined, or exempted from personal appearance in Court, or is a person in the service of the Central or the State Government who cannot, in the opinion of the Revenue Officer, attend without detriment to the public service. (b) the Revenue Officer in his discretion dispenses with the proof of any of the circumstances mentioned in clause (a) and authorises the evidence of any person being read as evidence in the proceedings, notwithstanding proof that the cause for taking such evidence by commission has ceased at the time of reading the same. 60. Before issuing any commission under these rules, the Revenue Officer may order such sum (if any) as he thinks reasonable for the expenses of the commission to be, within a time to be fixed, paid by the party at whose instance or for whose benefit the commission is issued. 61. (1) The provisions of this Code relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and penalties to be imposed upon witness, shall apply to persons required to give evidence or to produce documents under these rules and for the purposes of this rule the Commissioner shall be deemed to be a Revenue Court. (2) A Commissioner may apply to any Revenue Officer within the local limits of whose jurisdiction a witness resides for the issue of any process which he may find it necessary to issue to, or against, such witness, and such Revenue Officer may, in his discretion, issue such process as he considers reasonable and proper. 62. (1) Where a commission is issued under these rules, the Revenue Officer shall direct that the parties to the proceedings shall appear before the Commissioner in person or by their agents or pleaders. (2) Where all or any of the parties do not so appear, the Commissioner may proceed in their absence. PROCEEDING BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND 63. Every application by a minor shall be filed in his name by a person acting as the guardian of the minor. 64. Where the non-applicant is a minor the Revenue Officer, on being satisfied of the fact of his minority, shall appoint a proper person to be the guardian of such minor for the purpose of the proceedings 65. Any person who is of sound mind and has attained majority and whose interest is not adverse to that of the minor may act as guardian for a minor party in the proceedings. 66. In the case where a non-applicant is a minor and the guardian appointed has no funds to meet the necessary expenses, the Revenue Officer may direct the applicant to deposit a sufficient sum for the purpose. The costs so incurred by the applicant shall be adjusted in accordance with the final order passed in respect of the costs. 67. (1) No guardian shall, without the leave of the Revenue Officer, expressly recorded in the proceeding, enter into any agreement or compromise on behalf of a minor with reference to the proceedings in which he acts as his guardian. (2) Any such agreement or compromise entered into without the leave of the Revenue Officer so recorded, shall be voidable against all parties other than the minor. 68. The provisions contained in Rules 63 to 67, shall apply mutatis mutandis to persons of unsound mind.