Gram Panchayat, Land management in Up revenue

Management of land by Gram panchayat entrust or deemed to be entrusted to Gram panchayat. Section 59 to 73 of up land revenue code 2006.

Entrustment of land etc. to Gram Panchayats and other local authorities.
Superintendence, management and control by Bhumi Prabandhak Samiti.
Management of village tanks.
Conduct of suits and legal proceedings.
Land which may be allotted for abadi sites.
Allotment of abadi sites.
Delivery of possession to allottee.
Inquiry into irregular allotment of abadi sites.
Power to prevent damage, misappropriation and wrongful occupation of Gram
Panchayat property.
A Certain house sites to be settled with existing owners thereof.
Gaon Fund.
Consolidated Gaon Fund.
Orders and directions of the State Government and the Collector.
Alternative arrangement.
Standing Counsel and other lawyers.
Representation of Gram Panchayat.

What is land management in up revenue code 2006?

In Uttar pradesh land revenue code 2006 it’s meaning such as , the management of land record, like kasara, khatauni, and other land related matter in which collection of land revenue by the authority.

Land managed under Gram Panchayat

The government land under the Gram panchayat or village for the purpose of government or public at large use which is specified under this code, is managed by the gram panchayat at the village level.

Lekhpal of the circle and Gram pradhan of the village discharge as the supervisor of the village panchayat land.

Chapter VIII, section 59 to 73 of the Uttar Pradesh Land revenue code 2006 explain about the management of land and other properties by Gram panchayat or other local authority.

Management of land and other properties by
Gram panchayat OR other local authority

The State Government, to a Gram Panchayat or other local authority for the purposes of superintendence, preservation, management and control in accordance with the provisions of this Code.

Which land of village is managed by Gram panchayat

The Management of land and other properties by
Gram panchayat OR other local authority, following things may be entrusted or entrusted to Gram Panchayat or other local authority under sub- section 59(1) of this code, namely:

The lands, whether cultivable or otherwise,
Except land for the time being comprised in any holding or grove.
Grove standing on the Gram Panchayat land.
Pasture land
Graveyard
Cremation ground
Manure pits
Khaliyans
Chakroads
Link roads
Sector roads
Land in river bed
Road
Sadak Khanti
Sullage farm
Forests and fisheries
Trees, other than trees in a holding or on the boundary of a holding or in a grove or abadi, or any trees on unoccupied land
Hats, Bazaars, Melas
Tanks, Ponds
Water-channels
Private ferries
Pathways and
Abadi sites
Subject to the provisions of the Treasure Trove Act, 1878, any properties specified in section 55 and belonging to the State Government.

Every land and other thing vested in a Gram Panchayat or any other local authority under the provisions of the Uttar Pradesh Consolidation of Holdings Act, 1953, or the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.

Placed under the charge of a Gram Panchayat or any other local authority under any of the enactments repealed by this Code.
Otherwise coming into possession of a Gram Panchayat or other local authority, either before
or after the commencement of this Code, shall be deemed to be entrusted to such Gram Panchayat.
or other local authority, as the case may be, with effect from the date of commencement of this Code or
from the date of such coming into its possession, for the purpose of superintendence, preservation, management and control, in accordance with the provisions of this Code.

Entrustment of land etc. to Gram Panchayat and other local authorities section 59 up land revenue code

Meaning of entrustment ( सौपना )

The meaning of entrustment is “giving someone a responsibility or authority over something of being in someone’s care or protection”.

Gram panchayat meaning

The Gram panchayat is the local government body at the village level as similar to Assembly of the state, in which a head that is gram pradhan along with the ward members in the village.

Section 12 of the up panchayati raj 1947 defined the gram panchayat.

The Section 59(1) of up land revenue code 2006 Gram Panchayat

Entrustment of land etc. to Gram Panchayats and other local authorities

Section 59(1) The State Government may, by general or special order to be published in the manner prescribed, entrust all or any of the things specified in subsection 59 (2).

Which vest in the State Government, to a Gram Panchayat or other local authority for the purposes of superintendence, preservation, management and control in accordance with the provisions of this Code.

Section 59(2) up land revenue code entrusted list Gram Panchayat

Up land revenue code Section 59(2)(i) Gram Panchayat

Lands, whether cultivable or otherwise, except land for the time being comprised in any holding or grove.

Section 59(2)(ii) up land revenue code Gram Panchayat

Grove standing on the Gram Panchayat land, pasture land, graveyard, cremation ground, manure pits, Khaliyans, Chakroads, link roads, sector roads, land in river bed, road, Sadak Khanti, Sullage farm.

Uttar pradesh land revenue code 2006 section 59(2)(iii) Fisheries, Gram Panchayat

Forests
And Fisheries.

Section 59(2)(iv) up land revenue code, Trees, Gram Panchayat

Trees, other than trees in a holding or on the boundary of a holding or in a grove or
Abadi, or any trees on unoccupied land.

Up land revenue code Section 59(2)(v) Gram Panchayat

Hats, bazaars, melas, tanks, ponds, water-channels, private ferries, pathways and abadi sites.

Section 59(2)(vi) up land revenue code, Gram Panchayat

Subject to the provisions of the Treasure Trove Act, 1878, any properties specified in section 55 and belonging to the State Government.

Up land revenue code Section 55 Mines and minerals, Gram Panchayat

Section 55(1) up land revenue code 2006 mines

Notwithstanding anything contained in this Code, the right to operate or work in any mine or to extract any mineral there from shall be governed by the Mines and Minerals (Development and Regulations) Act, 1957.

Means, this Code not overruling the Mines and Minerals (Development and Regulations) Act, 1957.

The right to operate or work in any mine or to extract any mineral and shall be governed under Minerals (Development and Regulations) Act, 1957.

Section 55(1) of up land revenue code clearly stating that this code not rule over the matter of mines of minerals.

Mines and minerals rent, section 55(2) up land revenue code

Every lessee of building or land, leased or deemed to have been leased out by the State Government under any of the enactments repealed by this Code,

For the purposes connected with the working or extraction of any mine or mineral, and operating on the date of commencement of this Code,

Shall, subject to the terms and conditions of the lease aforesaid, continue to retain possession thereof on payment of such rent as was in force on the date of such commencement.

इस संहिता द्वारा निरस्त किए गए किसी भी अधिनियम के तहत राज्य सरकार द्वारा पट्टे पर दिए गए या पट्टे पर दिए गए भवन या भूमि के प्रत्येक पट्टेदार, किसी खदान या खनिज के कामकाज या निष्कर्षण से जुड़े उद्देश्यों के लिए, और इस संहिता के प्रारंभ होने की तिथि पर संचालन के लिए, उपरोक्त पट्टे के नियमों और शर्तों के अधीन, ऐसे किराए के भुगतान पर उस पर कब्ज़ा बनाए रखना जारी रखेगा जैसा कि ऐसे प्रारंभ की तारीख पर लागू था।

Section 59(3) Uttar pradesh land revenue code, deemed to be entrusted Gram Panchayat

This section 59(3) of up land revenue code tells that the land coming into possession of a Gram Panchayat or other local authority, either before or after the commencement of this Code shall be deemed to be entrusted to such Gram Panchayat or other local authority.

Up land revenue code Section 59(3)(a) Gram Panchayat

Every land and other thing, vested in a Gram Panchayat or any other local authority under the provisions of the Uttar Pradesh Consolidation of Holdings Act, 1953, or the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.

Section 59(3)(b) UP land revenue code, Gram Panchayat

Every land and other thing, placed under the charge of a Gram Panchayat or any other local authority under any of the enactments repealed by this Code.

Uttar pradesh land revenue code Section 59(3)(c)

Every land and other thing, otherwise coming into possession of a Gram Panchayat or other local authority, either before or after the commencement of this Code,

Shall be deemed to be entrusted to such Gram Panchayat or other local authority, as the case may be, with effect from the date of commencement of this Code,

Or from the date of such coming into its possession, for the purpose of superintendence, preservation, management and control, in accordance with the provisions of this Code.

UP land revenue code 2006 section 59(4), Gram Panchayat

The State Government may by subsequent order to be published in manner prescribed.

Section 59(4)(a) up land revenue code, amend, rescind order

(i) Add to, amend, vary or rescind any earlier order issued under sub section(1).
(ii) convert any land entrusted or deemed to be entrusted or transferred to any Gram Panchayat or local authority,
which is not covered under sub-section (1) of section 77 to a land covered under sub-section (1) of section 77.

Up land revenue code Section 59(4)(b) entrust transfer

Transfer to any other Gram Panchayat or other local authority, any land or other thing entrusted
or deemed to be entrusted under sub-section (1) or subsection (3) for superintendence, preservation, management and control.

Section 59(4)(c) up land revenue code, resume entrusted

(i) resume any land or other thing so entrusted or deemed to be entrusted, or transferred to any Gram Panchayat or local authority on such terms and conditions as prescribed;
(ii) add to, amend, vary or rescind any earlier order issued under clause(i).

Restriction, section 59(4)(d) up land revenue code, Gram Panchayat

Impose conditions and restrictions subject to which the powers of superintendence, preservation, management and control under this section shall be exercised.

Section 59(5) of UP land revenue code 2006 State Government behalf

Where any of the things specified in sub-section (2) has been entrusted or deemed to have been entrusted to a Gram Panchayat.

And the village or any part thereof in which such things are situated lies outside the circle of the Gram Panchayat.

Such Gram Panchayat or its Bhumi Prabandhak Samiti shall, subject to any general or special order issued by the State Government in
this behalf.

Perform, discharge and exercise the functions, duties and powers assigned, imposed or conferred by or under this Code or,

The U.P. Panchayat Raj Act, 1947 on a Gram Panchayat or a Bhumi Prabandhak Samiti as if that village or part also lay within that circle.

Uttar pradesh land revenue code 2006 Section 59(6) mutatis mutandis, Gram Panchayat

Where any of the things specified under sub-section (2) has been entrusted or deemed to be
entrusted to a local authority other than the Gram Panchayat, the provisions of this Chapter shall
mutatis mutandis apply to such local authority.

What is meaning of mutatis mutandis?

The meaning of mutatis mutandis is some things have changed and necessarily other things must change as well.

यथावश्यक परिवर्तनों का अर्थ यह है कि कुछ चीजें बदल गई हैं और आवश्यक रूप से अन्य चीजें भी बदलनी चाहिए।

Section 59(6) explanation, UP revenue code 2006

Local authority under UP land revenue code 2006 section 59(6)

For the purpose of this section the word “Local Authority” includes

kshettra Panchayat,
Zila Panchayat,
Town area,
Notified Area,
Cantonment Area,
Nagar Panchayat,
Nagar
Palika,
Nagar Mahapalika,
Nagar Nigam,
Noida Vikas Pradhikaran,
Greater Noida Vikas
Pradhikaran,
Yamuna Expressway Vikas Pradhikaran

or any Industrial township decleared as an
industrial development area under the Uttar Pradesh Industrial Area Development act, 1976 under artical 243-Q of the Constitution of India.

Article 243-Q of Constitution, respect to up revenue code Municipalities.

(1) There shall be constituted in every State:-
- Article 243 Q (1)(a) nagar panchayat
- Municipal council Article 243 Q(1)(b) Constitution.
- Article 243 Q(1)(c) municipal Corporation.
(2) Transitional and urban area Article 243 Q(2) Constitution.
- A transitional area
- A smaller urban area
- Or a larger urban area

Article 243 Q (1)(a) nagar panchayat

This article 243 Q(1)(a ), Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area.

Municipal council Article 243 Q(1)(b) Constitution

This article 243 Q (1)(b) of the Constitution of India, there be a Municipal Council for a smaller urban area.

Article 243 Q(1)(c) municipal Corporation

Article 243 Q(1)(c) A Municipal Corporation for a larger urban area, in accordance with the provisions of this Part :-

Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may.

Having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area.

And such other factors as he may deem fit, by public notification, specify to be an industrial township.

Transitional and urban area Article 243 Q(2) Constitution

In this article 243 Q(2) of Constitution , “a transitional area”, “a smaller urban area” or “a larger urban area” means such area as the Governor may, having regard to the population of the area, the density of the population therein.

The revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.

Superintendence, management and control by Bhumi Prabandhak Samiti section 60 up revenue code, Gram Panchayat

Section 60 of Uttar pradesh land revenue code 2006

Up land revenue code Section 60(1) entitled to take possession, Gram Panchayat

Subject to the provisions of this Code, every Bhumi Prabandhak Samiti shall be charged, for and on behalf of the Gram Panchayat,

With the superintendence, preservation, management and control of all land and other things entrusted or deemed to be entrusted to that Gram Panchayat under section 59,

Or over which such Gram Panchayat is entitled to take possession under this Code or any other law for the time being in force.

Section 60(2) Up land revenue code 2006 function and duties of Bhumi Prabandhak samiti, Gram Panchayat

Without prejudice to the generality of the foregoing provisions, the functions and duties of the Bhumi Prabandhak Samiti shall include:

a) The settlement and management of land,
b) The preservation, maintenance and development of forests, trees and pastures,
c) Maintenance and development of abadi sites and village communications,
d) The management of hats, bazaars and melas,
e) The maintenance and development of fisheries and tanks,
f) the development of cottage industries;
g) The development and improvement of agriculture,
h) The conduct and prosecution of suits and proceedings by or against the Gram Panchayat, and
i) Such other matters as may be prescribed.

Management of village tanks Section 61 up land revenue code, Gram Panchayat

Where a tank in any village is entrusted or deemed to be entrusted to any Gram Panchayat under section 59.

Then, notwithstanding anything contained in any contract or grant or and law for the time being in force, its management by such Gram Panchayat shall be regulated by the following conditions, namely.

Section 61(a) up land revenue code tank reserved for public

Where the area of the tank measures 0.5 acre or less, it shall be reserved for public use by the
inhabitants of the village.

Uttar pradesh land revenue code 20006 section 61(b) Tank

Where the area of the tank exceeds 0.5 acres, the Bhumi Prabandhak Samiti shall, with the previous approval of the Sub-Divisional Officer, let it out in the manner prescribed.

Section 61 explanation Tank, include in Up land revenue code 2006

Explanation:- For the purpose of this section, the term ‘tank’, includes talab, pond, pokhar and
other land covered with water.

Section 62 Conduct of suits and legal proceedings, Up land revenue code 2006

Uttar Pradesh land revenue code 2006 Section 61(1)

Subject to the provisions of sub-section (2) and such other conditions as may be prescribed, the Chairman,

Or such members of the Bhumi Prabandhak Samiti as may be authorised in this behalf by such Samiti,

May sign any document and do all other things for the proper conduct and prosecution of suits and other proceedings for and on behalf of the Gram Panchayat.

Section 61(2) Gram Panchayat party, up land revenue code

No suit or other proceedings to which any Gram Panchayat is a party shall be compromised or withdrawn on behalf of such Gram Panchayat,

Unless such compromise or withdrawal is approved by a resolution of the Bhumi Prabandhak Samiti and prior sanction of the Sub-Divisional Officer is obtained.

Land which may be allotted for abadi sites, section 62 up land revenue

Up land revenue code Section 62(1)

The Sub-Divisional Officer may of his own
motion or on the resolution of the Bhumi Prabandhak Samiti earmark the following classes of land for the provision of abadi sites for allotment to persons specified in section 64:

(a) All lands entrusted or deemed to be entrusted to a Gram Panchayat under clause (i) of sub-
section (2) of section 59,

(b) All lands coming into possession of Gram Panchayat under any other provisions of this Code.

Section 62(2) Up land revenue code purposes of building houses

Notwithstanding anything contained in any other provision of this Code or in the U-P. Panchayat Raj Act, 1947, the Bhumi Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer,

Allot the following classes of land for the purposes of building houses:-

(a) Any vacant land referred to in sub-section (1),

(b) Any land earmarked for abadi sites under the Uttar Pradesh Consolidation of Holdings Act,
1953,

(c) Any land acquired under the provisions of Land Acquisition Act, 1894 (Act No.1 of 1894) and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013).

Allotment of abadi sites section 64 Up land revenue code

Section 64(1) Up land revenue code, abadi sites

The following order of preference shall be observed in making allotment of land referred to in section 63:-

Up land revenue code, abadi sites Section 64(1)(a)

An agricultural labourer or a village artisan residing in the Gram Sabha
And belonging to a scheduled caste or scheduled tribes or other backward classes
Or a person of general category living below poverty line as determined by the State Government.

Section 64(1)(b) Up land revenue code, Gram Panchayat

Aany other agricultural labourer or a village artisan residing in the Gram Sabha.

Up land revenue code Section 64(1)(c) widow and physically handicapped person, abadi sites, Gram Panchayat

Any other person residing in the Gram Sabha and belonging to a scheduled caste or scheduled
tribe or other Backward Classes or a person of general category living below poverty line as
determined by the State Government:-

Provided that preference will be given to widow and physically handicapped person within same
category.

Explanation.- For the purposes of this sub-section

(one) “other backward class” means the backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (U.P. Act No.4 of 1994),

Section 64(2) Up land revenue code, preference person, allotment of abadi site, Gram Panchayat

In making an allotment under this section, preference shall be given to a person who either holds no house or has insufficient accommodation considering the requirements of his family.

Up land revenue code Section 64(3) condition, allotment of abadi sites to co-allottee, Gram Panchayat

Every land allotted under this section shall be held by the allottee on such terms and conditions
as may be prescribed:-

Provided that if the allottee is a married man and his wife is alive, she shall be co-allottee of equal share in the land so allotted.

Section 65 up land revenue code

Up land revenue code Section 65(1) sub divisional officer

Where any land referred to in section 63 has been allotted for building a house under section 64, and any person other than an allottee is in
occupation of such land in contravention of the provisions of this Code,

The Sub-Divisional Officer may, of his own motion and shall, on the application of the allottee, put the allottee in possession of such land,

And may, for that purpose, use or cause to be used such force as he may consider necessary.

Section 65(2) Up land revenue code, Punishment, fine to reoccupies, without lawful authority

Where any person, after being evicted under this section, reoccupies the land or any part
thereof, without lawful authority,

He shall be punished with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousand rupees

Provided that the Court convicting the accused may, while passing the sentence, direct that the whole or such portion of the fine that may be recovered as the court considers proper be
paid to the allottee as damages for use and occupation.

Up land revenue code Section 65(3)

(3) Where in any proceeding under sub-section (2), the Court, at any stage after cognizance of the case has been taken, is satisfied by affidavit or otherwise that:-

(a) the accused is in occupation of the land to which such proceeding relates, in contravention of the provisions of this Code, and

(b) the allottee is entitled to the possession of such land, the Court may, summarily, evict the
accused from such land pending the final determination of the case, and may put the allottee in possession of such land.

Section 65(4) Up land revenue code interim order

Where in any proceeding under sub-section (2), the accused is convicted, the interim order
passed under sub-section (3) shall be confirmed by the Court.

Up land revenue code Section 65(5)

Where, in any proceeding under sub-section (2), the accused is acquitted or discharged and the Court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land, the Court shall, on the application of such person, direct that delivery of
possession be made to him.

Section 65(6) Up land revenue code

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence
under sub-section (2) may be tried summarily.

Up land revenue code Section 65(7) speedy Trial of offence

For the purpose of speedy trial of offences under this section, the State Government may, in
consultation with the High Court,

By notification constitute special Courts each consisting of an officer not below the rank of Sub-Divisional Magistrate,

Who shall, subject to the provisions of the Code of Criminal Procedure,1973, exercise in relation to such offence, the powers of the Judicial Magistrate of the First Class.

Section 65(8) Up land revenue code, Gram Panchayat

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No.2 of
1974), every offence punishable under sub-section (2) shall be cognizable and non-bailable.

Up land revenue code section 66, Inquiry into irregular allotment of abadi sites

Section 66(1) Up land revenue code, collector, irregular allotment of abadi sites

The Collector may, of his own motion and shall, on the application of any person aggrieved by an allotment of land made under section 64,

Inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular,

He may cancel the allotment, and thereupon, the right, title and interest of the allottee and of every other person claiming through him in the land allotted shall cease.

Up land revenue code Section 66(2), expiration of the period

No application under sub-section (1) shall be entertained, if it is made after the expiration of
the period of three years from the date of allotment.

Section 66(3) up land revenue code, Gram Panchayat

Every order of the Collector made under this section shall, ‘{subject to the provisions of
section 210}, be final.

The Power to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property, Section 67 Up land revenue code

Section 67(1) Up land revenue code, property damaged, Gram Panchayat

Where any property entrusted or deemed to be entrusted under the provisions of this Code to a Gram Panchayat or other local authority is damaged or misappropriated, or

Where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of this Code and such land is occupied otherwise than in accordance with the said provisions,

The Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed.

Up land revenue code Section 67(2), notice

(2) Where from the information received under sub-section (1) or otherwise, the Assistant
Collector is satisfied that any property referred to in sub-section (1) has been damaged or
misappropriated, or

Any person is in occupation of any land referred to in that sub-section in contravention of the provisions of this Code,

He shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice be not recovered from him and why he should not be evicted from such land.

Section 67(3) Up land revenue code, fails to show cause notice

If the person to whom a notice has been issued under sub-section (2) fails to show cause
within the time specified in the notice or within such extended time as the Assistant Collector may allow in this behalf, or

If the cause shown is found to be insufficient, the Assistant Collector may direct that such person shall be evicted from the land, and may, for that purpose, use or cause to be used such force as may be necessary,

And may direct that the amount of compensation for damage or misappropriation of the property or for wrongful occupation, as the case may be, be
recovered from such person as arrears of land revenue.

Up land revenue code Section 67(4), discharge notice

If the Assistant Collector is of opinion that the person showing cause is not guilty of causing
the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (2), he shall discharge the notice.

Section 67(5) Uttar pradesh land revenue code, appeal

(5) Any person aggrieved by an order of the Assistant Collector under sub-section (3) or sub-
section (4), may within thirty days from the date of such order, prefer an appeal to the Collector.

Uttar Pradesh land revenue code Section 67(6)

(6) Notwithstanding anything contained in any other provision of this Code, and subject to the
provisions, of this section every order of the Assistant Collector under this section shall, subject to the provisions of sub-section (5) be final.

Section 67(7) Up land revenue code

(7) The procedure to be followed in any action taken under this section shall be such as may be
prescribed.

Up land revenue code Section 67 explanation, land include, Gram Panchayat

Explanation. – For the purposes of this section, the word ‘land’ shall include the trees and
buildings standing thereon.

Section 67-A Up land revenue code, Certain house sites to be settled with existing owners thereof.

up land revenue code Section 67-A(1), Gram Panchayat

If any person referred to in sub-section (1) of section 64 has built a house on any land referred to in section 63 of this Code,

Not being land reserved for any public purpose, and such house exits on the November 29, 2012, the site of such house shall be held by the owner of the house on such terms and conditions as may be prescribed.

section 67-A(2) Up land revenue code, Gram Panchayat

Where any person referred to in sub-section (1) of section 64, has built a house on any land
held by a tenure holder (not being a government lessee) and such house exits on November 29,
2000,

The site of such house, notwithstanding anything contained in this Code, be deemed to be settled with the owner of such house by the tenure holder on such terms and conditions as may be prescribed.

Explanation :- For the purpose of sub-section (2), a house existing on November 29, 2000, on
any land held by a tenure holder, shall, unless the contrary is proved, be presumed to have been
built by the occupant thereof and where the occupants are members of one family by the head of that family.

Gaon Fund, Section 68 Up land revenue code Gram Panchayat

(1) All sums received under this Code by a Gram Sabha, Gram Panchayat or a Bhumi Prabandhak Samiti shall be credited to the Gaon Fund:

Provided that the amount of damages or compensation recovered under section 67 shall be credited to the Consolidated Gaon Fund.

(2) The Gaon Fund constituted under the enactments repealed by this Code and subsisting
immediately before the commencement of such Code shall be deemed to have been constituted
under this section.

(3) The Gaon Fund shall be operated in such manner and shall be applied for such purposes as
may be prescribed.

Consolidated Gaon Fund, Section 69 Up land revenue code, Gram Panchayat

(1) There shall be established for each district, a Consolidated Gaon Fund to which the following amounts shall be credited, namely-

(a) The amount referred to in the proviso to sub-section (1) of section 68,

(b) All contributions received by the Collector under sub-section (2),

(2) Every Gram Panchayat in a district shall pay to the Collector annually such percentage, not
exceeding twenty five, as the State Government may from time to time notify, of the total amount
credited to the Gaon Fund under section 67, in the manner prescribed.

(3) The Consolidated Gaon Fund shall be operated by the Collector and may be applied for the following purposes namely-

(a) the payment of fees and allowances, if any, of the lawyers appointed under section 72,

b) the payment of expenses incurred in connection with the conduct and prosecution of suits, applications or other proceedings by or against the Gram Panchayat or the Bhumi Prabandhak Samiti under this Code,

(d) The payment of any other sum which the State Government may by general or special order
declare to be an appropriate charge on such fund.

(4) The Consolidated Gaon Funds constituted under any of the enactments repealed by this Code and subsisting immediately before its commencement shall be deemed to have been constituted under this section.

(5) The State Government may, by notification in the gazette, direct that a Consolidated Gaon
Fund shall be established also for each tahsil for the purpose and in the manner prescribed.

Orders and directions of the State Government and the Collector, Section 70 Up land revenue code

(1) The State Government and, subject to its control, the Collector may issue such orders or
directions to the Bhumi Prabandhak Samiti as may appear to be necessary for purposes of this
Code.

(2) It shall be the duty of the Bhumi Prabandhak Samiti and its office bearers to forthwith carry
out the orders and comply with the directions issued under sub section (1).

Section 71 Up land revenue code Alternative arrangement.

If at any time the Collector is satisfied that

(a) the Bhumi Prabandhak Samiti has failed without reasonable cause or excuse to discharge its duties or to perform the functions imposed or assigned to it by or under this Code, or

(b) circumstances have so arisen that the Bhumi Prabandhak Samiti is or may be rendered unable
to discharge the duties or perform the functions imposed or assigned by or under this Code, or

(c) it is otherwise expedient or necessary to do so, he may, direct that the duties, powers and functions of such Bhumi Prabandhak Samiti under the Code, shall,

Notwithstanding anything contained in any other law for the time being in force, be discharged, exercised and performed by an officer not below the rank of a Naib-Tahsildar and,

For such period and subject to such restrictions as may be specified:-

Provided that reasonable opportunity of hearing shall be given to the Bhumi Prabandhak
Samiti before issuing any direction under this section.

Standing Counsel and other lawyers, section 72 Up land revenue code

Section 72(1) Up land revenue code

The State Government may, on such terms and conditions and in such manner as may be prescribed, appoint

(a) one or more Standing Counsel (Revenue) each at Allahabad High Court and Lucknow Bench thereof,

(b) one or more Standing Counsel (Revenue) each for Board of Revenue Allahabad and Lucknow;

(c) one or more Divisional Government Counsel (Revenue) for the divisional head-quarters
who shall also look after the work related to Circuit Courts of the Board, (wherever Circuit Courts exist at Division level), and

(d) one District Government Counsel (Revenue) and one or more Additional District Government
Counsel (Revenue) for the district head-quarter.

Up land revenue code Section 72(2)

The Collector may, on such terms and conditions and in such manner as may be prescribed appoint not more than two Panel Lawyers (Revenue) for every tahsil.

Section 72(3) Up land revenue code, legal practitioner, Gram Panchayat

Subject to the provisions of sub-section (2) of section 62, the legal practitioners appointed
under sub-section (1) or sub-section (2) may plead or act,

Without any written authority, on behalf of any Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti in any Court or authority for which he is so appointed.

Up land revenue code Section 72(4)

No Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti shall engage any legal
practitioner other than one appointed under this section without prior permission of the Collector.

Section 72(5) up land revenue code

Notwithstanding anything contained in the Court Fees Act 1870 (Act No.7 of 1870) no Court
fee shall be payable on any vakalatnama or memo of appearance filed by any legal practitioner appointed under this section.

Uttar pradesh land revenue code Section 72(6) Gram Panchayat

(6) The legal practitioners appointed under this section shall not be competent to plead or act
against any Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti before any Court for
which he is so appointed.

Section 72(7) Up land revenue code, Gram Panchayat

The State Government may, by notification in the gazette, issue any direction, for monitoring
of cases filed by or against Gram Panchayat, Gram Sabha or Bhumi Prabandhak Samiti ,

And performance based annual appraisal of Panel Advocates appointed under this Code or the enactments repealed by it, and also for appointing any law officer for the aforesaid purpose.

Representation of Gram Panchayat ,Section 73 Up land revenue code 2006

(1) In any suit or other proceedings under this Code, the Gram Panchayat shall be represented

(a) in proceeding before the Collector or in a Civil Court, by the District Government Counsel
(Revenue),

(b) in proceeding before the Commissioner, by the Divisional Government Counsel (Revenue),
and,

C) in proceeding before the Board or the High Court by the separate Standing Counsel (Revenue) of Lucknow or Allahabad, as the case may be.

(2) Nothing in this chapter shall preclude the State Government or the Collector from appointing special counsel for the conduct of any suit or proceeding to which any Gram Panchayat is party on such terms and conditions as may be prescribed.