Land Laws PDF

**Unit 1** **a) Land law** is the form of [law](https://en.wikipedia.org/wiki/Law) that deals with the [rights](https://en.wikipedia.org/wiki/Rights) to [use](https://en.wikipedia.org/wiki/Usufruct), [alienate](https://en.wikipedia.org/wiki/Alienation_(property_law)), or [exclude](https://en.wikipedia.org/wiki/Right_to_exclude) others from [land](https://en.wiktionary.org/wiki/land). In many jurisdictions, these kinds of [property](https://en.wikipedia.org/wiki/Property) are referred to as [real estate](https://en.wikipedia.org/wiki/Real_estate) or [real property](https://en.wikipedia.org/wiki/Real_property), as distinct from [personal property](https://en.wikipedia.org/wiki/Personal_property). [Land use](https://en.wikipedia.org/wiki/Land_use) agreements, including [renting](https://en.wikipedia.org/wiki/Renting), are an important intersection of property and [contract law](https://en.wikipedia.org/wiki/Contract_law). [Encumbrance](https://en.wikipedia.org/wiki/Encumbrance) on the land rights of one, such as an [easement](https://en.wikipedia.org/wiki/Easement), may constitute the land rights of another. [Mineral rights](https://en.wikipedia.org/wiki/Mineral_rights) and [water rights](https://en.wikipedia.org/wiki/Water_rights) are closely linked, and often interrelated concepts. Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the [claim clubs](https://en.wikipedia.org/wiki/Claim_club) of the [American West](https://en.wikipedia.org/wiki/American_West) were institutions that arose organically to enforce the system of rules appurtenant to mining. [*Squatting*](https://en.wikipedia.org/wiki/Squatting), the occupation of land without ownership, is a globally ubiquitous phenomenon. [Indigenous land rights](https://en.wikipedia.org/wiki/Indigenous_land_rights) is also a perennial related issue. **National sovereignty** \[(https://en.wikipedia.org/w/index.php?title=Land_law&action=edit&section=1)\] [Sovereignty](https://en.wikipedia.org/wiki/Sovereignty), in [common law](https://en.wikipedia.org/wiki/Common_law) jurisdictions, is often referred to as [absolute title](https://en.wikipedia.org/wiki/Absolute_title), [radical title](https://en.wikipedia.org/wiki/Radical_title), or [allodial title](https://en.wikipedia.org/wiki/Allodial_title). Nearly all of these jurisdictions have a system of [land registration](https://en.wikipedia.org/wiki/Land_registration), to record [fee simple](https://en.wikipedia.org/wiki/Fee_simple) interests, and a [land claim](https://en.wikipedia.org/wiki/Land_claim) process to resolve disputes. **Land rights** \[(https://en.wikipedia.org/w/index.php?title=Land_law&action=edit&section=2)\] [Indigenous land rights](https://en.wikipedia.org/wiki/Indigenous_land_rights) are recognized by [international law](https://en.wikipedia.org/wiki/International_law), as well as the national legal systems of common law and [civil law](https://en.wikipedia.org/wiki/Civil_law_(legal_system)) countries. In common law jurisdictions, the land rights of [indigenous peoples](https://en.wikipedia.org/wiki/Indigenous_peoples) are referred to as [aboriginal title](https://en.wikipedia.org/wiki/Aboriginal_title). In [customary law](https://en.wikipedia.org/wiki/Customary_law) jurisdictions, [customary land](https://en.wikipedia.org/wiki/Customary_land) is the predominant form of land ownership. [Land reform](https://en.wikipedia.org/wiki/Land_reform) refers to government policies that take and/or redistribute land, such as a [land grant](https://en.wikipedia.org/wiki/Land_grant). Land rights refer to the inalienable ability of individuals to freely obtain, use, and possess land at their discretion, as long as their activities on the land do not impede on other individuals\' rights.[^\[1\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Adi,_D.N._2009-1) This is not to be confused with access to land, which allows individuals the use of land in an economic sense (i.e. farming). Instead, land rights address the ownership of land which provides security and increases [human capabilities](https://en.wikipedia.org/wiki/Capability_approach). When a person only has access to land, they are in constant threat of expulsion depending on the choices of the land owner, which limits financial stability.[^\[1\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Adi,_D.N._2009-1) Land rights are an integral part of Land Laws, as they socially enforce groups of individuals\' rights to own land in concurrence with the land laws of a nation. Land Law addresses the legal mandates set forth by a country in regards to land ownership, while land rights refer to the social acceptance of land ownership. [Landesa](https://en.wikipedia.org/wiki/Landesa) takes the stance that although the law may advocate for equal access to land, land rights in certain countries and cultures may hinder a group\'s right to actually own land.[^\[2\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-2) Laws are important, but they must be backed up by cultural tradition and social acceptance. Therefore, laws concerning land ownership and land rights of a country must be in agreement. Globally, there has been an increased focus on land rights, as they are so pertinent to various aspects of development. According to Wickeri and Kalhan, land ownership can be a critical source of capital, financial security, food, water, shelter, and resources.[^\[3\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Wickeri-Kalhan-3) The UN Global Land Tool organisation has found that rural landlessness is a strong predictor of poverty and hunger,[^\[4\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-4) and negatively impacts [Empowerment](https://en.wikipedia.org/wiki/Empowerment) and the realisation of [Human rights](https://en.wikipedia.org/wiki/Human_rights).[^\[5\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-5) In order to home in on this critical problem of inadequate land rights, The [Millennium Development Goal 7D](https://en.wikipedia.org/wiki/Millennium_Development_Goals) strives to improve the lives of 100 million slum dwellers.[^\[6\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-6) This includes increased land rights for impoverished people, which will ultimately lead to a higher quality of life.[^\[3\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Wickeri-Kalhan-3) Although land rights are fundamental in achieving higher standards of living, certain groups of individuals are consistently left out of land ownership provisions. The law may provide access to land, however, cultural barriers and [poverty traps](https://en.wikipedia.org/wiki/Poverty_trap) limit minority groups\' ability to own land.[^\[7\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Hanstad,_T._2010-7) In order to reach equality, these groups must obtain adequate land rights that are both socially and legally recognised. **Limits of national jurisdiction and sovereignty** \[(https://en.wikipedia.org/w/index.php?title=Land_law&action=edit&section=3)\] **Limits of national jurisdiction and sovereignty** ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------- ------------------------------ [Outer space](https://en.wikipedia.org/wiki/Outer_space) (including Earth [orbits](https://en.wikipedia.org/wiki/Orbit); the [Moon](https://en.wikipedia.org/wiki/Moon) and other [celestial bodies](https://en.wikipedia.org/wiki/Celestial_bodies), and their orbits) national [airspace](https://en.wikipedia.org/wiki/Airspace) territorial waters airspace contiguous zone airspace^\[*citation\ needed*\]^ international airspace [land territory](https://en.wikipedia.org/wiki/List_of_sovereign_states) surface internal waters surface territorial waters surface contiguous zone surface Exclusive Economic Zone surface international waters surface [internal waters](https://en.wikipedia.org/wiki/Internal_waters) [territorial waters](https://en.wikipedia.org/wiki/Territorial_waters) [Exclusive Economic Zone](https://en.wikipedia.org/wiki/Exclusive_Economic_Zone) [international waters](https://en.wikipedia.org/wiki/International_waters) land territory [underground](https://en.wikipedia.org/wiki/Earth) [Continental Shelf](https://en.wikipedia.org/wiki/Continental_Shelf) surface [extended continental shelf](https://en.wikipedia.org/wiki/Territorial_waters#Extended_continental_shelf_claims) surface [international seabed](https://en.wikipedia.org/wiki/International_Seabed_Authority) surface [Continental Shelf](https://en.wikipedia.org/wiki/Continental_Shelf) underground [extended continental shelf](https://en.wikipedia.org/wiki/Territorial_waters#Extended_continental_shelf_claims) underground [international seabed](https://en.wikipedia.org/wiki/International_Seabed_Authority) underground full national [jurisdiction](https://en.wikipedia.org/wiki/Jurisdiction) and [sovereignty](https://en.wikipedia.org/wiki/Sovereignty) restrictions on national jurisdiction and sovereignty international jurisdiction per [common heritage of mankind](https://en.wikipedia.org/wiki/Common_heritage_of_mankind) **Land rights and women** \[(https://en.wikipedia.org/w/index.php?title=Land_law&action=edit&section=4)\] Several scholars argue that women\'s lack of sufficient land rights negatively affects their immediate families and the larger community, as well.^[\[7\]](https://en.wikipedia.org/wiki/Land_law#cite_note-Hanstad,_T._2010-7)[\[8\]](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._1988-8)[\[9\]](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._1994-9)^ With land ownership, women can develop an income and allocate this income more fairly within the household.^[\[10\]](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._2005-10)[\[11\]](https://en.wikipedia.org/wiki/Land_law#cite_note-Deere,_C.D._2006-11)^ [Tim Hanstad](https://en.wikipedia.org/wiki/Tim_Hanstad) claims that providing sufficient land rights for women is beneficial because, once women can exercise those rights the following will be promoted:[^\[12\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-12) - Women will be less likely to contract and spread [HIV/AIDS](https://en.wikipedia.org/wiki/HIV/AIDS) as they do not have to resort to prostitution - Women will be less likely to be victims of [Domestic violence](https://en.wikipedia.org/wiki/Domestic_violence) - Their children will be more likely to get an education and stay in school longer - Women will be better positioned to get access to [Microcredit](https://en.wikipedia.org/wiki/Microcredit) In many parts of the world, women have access to land in order to farm and cultivate the land; however, there are traditions and cultural norms which bar women from inheriting or purchasing land.^[\[7\]](https://en.wikipedia.org/wiki/Land_law#cite_note-Hanstad,_T._2010-7)[\[11\]](https://en.wikipedia.org/wiki/Land_law#cite_note-Deere,_C.D._2006-11)^ This puts women in a place of dependence on their husbands, brothers, or fathers for their livelihood and shelter.[^\[9\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._1994-9) Should there be an illness, domestic violence, or death in the family, women would be left landless and unable to either grow crops for food, or rent land for profit. Land ownership for women is a crucial form of security and income, increasing [Empowerment](https://en.wikipedia.org/wiki/Empowerment) and decreasing [Poverty](https://en.wikipedia.org/wiki/Poverty). **India** \[(https://en.wikipedia.org/w/index.php?title=Land_law&action=edit&section=5)\] Kanakalatha Mukund makes the important point that although women in [India](https://en.wikipedia.org/wiki/India) have the legal right to own land, very few actually do as a result of the [patriarchal](https://en.wikipedia.org/wiki/Patriarchy) practices which dominate the nation.[^\[13\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-13) Up until recently, Indian women have been left out of laws regarding the distribution of public land and were forced to rely on the small possibility of obtaining private land from their families.[^\[9\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._1994-9) [Inheritance](https://en.wikipedia.org/wiki/Inheritance) laws which cater towards men are one of the key issues behind inequality in land rights. According to [Bina Agarwal](https://en.wikipedia.org/wiki/Bina_Agarwal), land ownership defines social status and political power in the household and in the village, shaping relationships and creating family dynamics.[^\[9\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._1994-9) Therefore, inheritance of land automatically puts men above women both in the household, and in the community. Without political pull in the village, and with limited bargaining powers within the household, women lack the voice to advocate for their own rights.[^\[9\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._1994-9) Another issue with land rights in India is that they leave women completely dependent on the lives of their husbands. A study by Bina Agarwal found that in [West Bengal](https://en.wikipedia.org/wiki/West_Bengal), prosperous families turn destitute when the male head of the household dies, as women are not permitted to take over their husband\'s land.[^\[9\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._1994-9) Also, due to cultural tradition, the higher the status of the woman, the less likely she is to have any developed skills that would be useful in finding work.[^\[9\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._1994-9) These women are forced to beg for food and shelter once their husbands die because they have not been allowed to gain work experience.[^\[9\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._1994-9) Bina Agarwal argues that land ownership significantly decreases the chance of domestic violence against Indian women.[^\[10\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._2005-10) Owning property elevates women to a higher status within the household, allowing more equality and bargaining power. In addition, owning property separately from their husbands allowed women an opportunity of escape from [abusive relationships](https://en.wikipedia.org/wiki/Relational_aggression).[^\[10\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._2005-10) Agarwal concluded that the prospect of a safe shelter outside of the main household decreases the longevity of domestic violence.[^\[10\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._2005-10) Land rights are critical for women in India due to the heavily patriarchal society in which they live. Cultural perspectives play a key role in the acceptance of equality within land ownership. Women owning land ultimately benefits the household and society as a whole.[^\[8\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-Agarwal,_B._1988-8) The most recent advance towards equality in land rights in India was the [Hindu Succession Act of 2005](https://en.wikipedia.org/wiki/Hindu_Succession_Act,_1956). This act aimed to remove the gender discrimination which was present in the [Hindu Succession Act, 1956](https://en.wikipedia.org/wiki/Hindu_Succession_Act,_1956). In the new amendment, daughters and sons have equal rights to obtain land from their parents.[^\[14\]^](https://en.wikipedia.org/wiki/Land_law#cite_note-14) This act was both a legally and socially important move for women\'s rights to land. Not only did it legally mandate equality in land succession, it also validated women\'s roles as equals in society. **b) Brief History & Salient Features of Uttar Pradesh Revenue Code, 2006** **Introduction : ** Uttar Pradesh Revenue Code,2006 is a code applicable in Uttar Pradesh dealing with the matters related to land revenue, tenures, reforms, etc. This Act consists of 16 chapters, 234 Sections and 4 Schedules. It minimizes the procedural complications prevailing in old laws. It has repealed the Uttar Pradesh Zamindari Abolition and Land Reform Act 1950, UP Land Revenue Act, 1901 and other 37 enactments which had become obsolete and were too complicated to adhere to or comply as a whole. This new Code provides a fine balance between the conservation of natural heritages and the demand of land for developmental activities. This Act was assented by President of India on 29th of November, 2012 as Act No. 8 of 2012. **History :** The land revenue department was continuously facing various problems in implementation of different laws connected with land and at the time there was 39 enactments including Uttar Pradesh Zamindari Abolition and Land Reform Act and UP Land Revenue Act. But some of the laws were,either contrary to another or being applied for specific area and it was creating lot of problems to the lawmakers as well as revenue officers. Therefore, the Uttar Pradesh government thought that all these old laws shall be abolished and new combined Code should be introduced within the state boundaries, which can be simplified, easier and provide immediate justice to the landholders and all other persons who are completely dependent on the agriculture and related works for their livelihood with their families. In order to achieve these goals ,the legislators considered and introduced a new law namely UP Revenue Code,2006 ( Act No. 8 of 2012) receiving the assent of President of India and got published in UP Gazette on 12th of December, 2012. This Code become completely applicable on 11.02.2016. It has brought milestone changes in land law and provided a lot of benefits to the peasants, landless persons, rural poor persons, artisans , who are completely indulged in the agricultural and its related activities. The State government also take initiative to reduce the number of disputes among landholders and right of every tenure holder can be determined at initial stage by adopting the procedure of GIS mapping for all villages. **Salient Features :** The new Code has provided benefits to all landowners , cultivators to upgrade the status in several ways, by uplifting the economic and social standards in every phase of life specially to the weaker sections of society and remove their economical backwardness. Some salient features of this code are : 1. It has repealed 39 Acts which were either unused or ineffective and not used presently in the state 2. It provides proper division of land in map and revenue records using " Minjumla number", (Section 2(29)) 3. It mentions complete Constitution of revenue divisions and separate cadre od revenue officers by State Government. 4. It also provides for separate Judicial Revenue officers; (Section 11(5), 12(5), 13(b)) 5. Code provides provisions for early disposal of revenue cases;(Section 13(6)); 6. Determination maintenance of boundaries, settlement of boundary disputes (Section 20 to 24) and right to recover the damages for destruction of boundary marks (Section 227) 7. Mutation of names on basis of succession or transfer by sale/will/gift(Section 33 to 35) 8. Issuance of record of rights named as kisanbahi to every tenure holder by the revenue officer (Section 41) so that everyone can have their records of land 9. It also provides provisions for protection of usufructuary and hereditary rights of persons who has planted trees on land of public purpose or panchayat land; 10. It also limits the propriety of land in Uttar Pradesh only in four classes : Bhumidhar with transferable rights, Bhumidhar with non transferable rights, Asami, Government lessee; 11. The non transferable rights of bhumidhar shall acquire bhumidhar rights after 5 years( Section 76(2&3)) 12. It provides exclusive right to use land by bhumidhar and get the declaration for residential,, commercial or industrial purpose from competent authority (Section 80) 13. It provides opportunity to bhumidhar to let out his land or part thereof on lease in favour of person, registered company, firm , trust, agricultural institution, etc. for agriculture or installation of generate the solar electricity 14. It provides provisions for settlement of abadi sites in favour of SC/ST/OBC/EWS whose house was existing on the date of enforcement of UP Revenue Code, 2006 (Section 64) 15. It also give protection to rights of unmarried daughters and third gender issue in Succession (Section 108 to 110) 16. It disqualifies the murderers from inheritance (Section 114) 17. It also tries to empower widow or physically disabled person at the time of grant of agricultural lease by the Land Management Committee (Section 126) 18. It also paves way to constitution of Village Panchayat Committee 19. For recovery of land revenue it also give powers to attach bank accounts and bank lockers 20. In case of failure to deposit fees for more than 6 months related to government lease property, eviction procedure is also provided in the code, etc. **Conclusion :** By giving these special, specific and easy provisions in the UP Revenue Code, 2006, legislators have changed the whole land revenue and management system in the state. This Code is enacted having the aim of immediate doorstep justice to the poor rustic villagers who are not familiar with the technicalities of law and runs from pillar to post to get the justice from one court to another court. **c) What is Gram Panchayat?** Gram Panchayat is mainly the executive committee of the members of the Gram Sabha. (Gram Sabha: It is the General Assembly that comprises all the people who are above 18 years of age). It is mainly a council of elected members who work towards the social, economic, and also cultural needs of the people living in the rural areas. A local self-government Organisation in India is a part of the Panchayati Raj system. This is due to the 73rd amendment. The gram panchayat is headed by the Sarpanch, who is selected by the elections held every 5 years. The sarpanch and the gram sevaks represent the voices and the opinions of all the people living in the particular area. The panchayats and rural development Minister of the state controls the functions of the Gram Panchayat Department of the State. Also, the women members who are part of the Panchayati system gain a lot of training from the Ministry of Rural Development. They are also provided with financial assistance. **Importance of the Gram Panchayat** It is very important for every system to have a local government to know the status of the smallest of the places. As we know that after the 73rd Amendment Act this idea came into force which was in the year 1993. 1. It helps in reducing poverty from the ground level. 2. The gram Panchayati can help people to raise their voices and speak up about the issues to get them resolved. 3. It also helps in the better and more productive use of the resources. **Functions of a Gram Panchayat** The ministry of rural development is a branch of government that makes sure that all the issues and difficulties that the people living in the local areas are facing are resolved in time. They focus on health, education, awareness, development, electricity, water supply, etc. - Maintenance of the streets and the roadside lighting - The growth of the backward classes socially and educationally. - The rehabilitation of the displaced people. - The welfare of the women and the children in that locality - Helps in improving the breeding of cattle - Arrangement of the cooperative management of the land. - The management of the local transport for better connectivity. **Benefits of A Gram Panchayat** Several schemes were launched after the 73rd amendment by the Indian government, some of them are as follows: - Indira Awaas Yojana: It provides free houses to the BPL SC/ST families. - Jawahar Gram Samiridhi Yojana: It provides a demand-driven community infrastructure, assets to help the poor community to increase the chances of employment. - Antyodaya Anna Yojana: It provides food grains to the BPL families at high subsidies rates. - Sawrnajayanti Gram Swarozgar Yojana: It provides sustainable income to the poor rural families and also to the BPL families, The scheme also provides self-employment, skill development, etc, to the residents. - Annapurna Scheme: the scheme provided about 10 kg of food grains every month for free to the BPL persons. **Conclusion** Gram Panchayat as mentioned above is the local government which helps all the residents of the rural area to directly get involved with the government and make sure that the voices and the needs are heard. **The Gram Sabha Concept** The local governance and Panchayati Raj system are centred around the concept of Gram Sabha. Gram Sabha can be defined as a platform at the local or rural level, or people can talk and discuss various aspects of local development and administration. The Panchayat implements various development programs with the supervision and the mandate of the Gram Sabha. Every decision taken at the Panchayat is through the Gram Sabha. Every decision is deemed valid or official only with the consent of the Gram Sabha. **Constitutionality of the Gram Sabha** Gram Sabha is originally defined under Article 243 (b) of the constitution. Gram Sabha is primarily the base and is also known as the "Sabha " of people. The elected representatives from all other institutions in the Panchayati Raj system, such as the Gram Panchayat, Block Panchayat, and Zilla Parishad. **Gram Sabha Composition** Gram Sabha is mainly constituted by the following people: 1. People of age more than 18 years 2. People residing in a village 3. People whose names appear in the electoral rolls of the Panchayat **Hierarchy of the Panchayati Raj System** As you now understand that the panchayat system works under the pivot of the Gram Sabha, it is imperative to understand its hierarchy. The Gram Sabha is primarily headed by the village-level Gram Panchayat which looks after the village-level responsibilities. At the next stage is the Block or Janpad or Panchayat Samiti, which is situated at the block level. At the block level, we have a BDO officer who generally looks after a group of villages. Also, the uppermost tier is the Zilla Parishad at the district level. As per the hierarchy, all the block developmental offices are answerable to the Zilla Parishad or the body at the authority of the district level. The Zilla Parishad or the body at the district level makes a developmental plan at the district level with the Panchayat Samiti's help. **Organisation of Gram Sabha** - The Gram Sabha is organised by the Secretary of the Panchayat in agreement with that of the Sarpanch. - If 10% of the Gram Sabha members or 50 Gram Sabha members, whatever is more significant in this case, can file a request to hold the meeting of Gram Sabha. If there is such a request, then the Gram Panchayat Sarpanch must call a meeting. Also, the members who are meeting must inform the Sarpanch regarding the aim of the meeting. - Before the meeting is conducted, a formal meeting request to hold the same must be delivered in the hands of the Sarpanch within office hours five days before the meeting date. - If, in any case, the Sarpanch fails or is unable to hold the Gram Sabha meeting, then the members might organise it themselves. - According to the mandate of the Government, the Gram Sabha should conduct meetings a minimum of four times a year, i.e., on January 26th, May 1st, August 15th, and October 2nd. **Functions of Gram Sabha** - Art. 234 G of the Indian Constitution mentions that the Gram Sabha exercises the powers and performs such functions as the Legislature of a State by law may provide. - The Gram Panchayat provides the report of activities undertaken by them from the last Gram Sabha. It presents the suggestions and resolutions of the last Gram Sabha and the action taken by the Panchayat on such resolutions. - The functions of Gram Sabha also include discussion on various issues related to ration distribution, pension for old age, pension for handicapped according to the limits of Panchayat. - It also discusses various problems related to the enrolment of children in school, attendance in schools, and the development of schools within the jurisdiction of the Gram Sabha. - There is also discussion regarding various hospitals as well as veterinary institutions and their activities in a Gram Sabha. In addition, the Gram Sabha discuss and educate people about the different preventive measures that they should take to protect their health and hygiene and their cattle. - The health officer in the primary health centre of the Panchayat will attend the Gram Sabha and accordingly brief the Gram Sabha about the various vaccination, inoculation programs, children suffering from malnutrition and precautionary steps that should be taken by the people of the village against diseases like that of dengue malaria etc. The Gram Sabha also discusses various services and facilities that the health centres provide. - The Gram Panchayat Secretary would identify various public works that will be undertaken under the grants of the Panchayat. These are then placed before the Gram Sabha in order to get approval so as to incorporate them into the plans of the Panchayat. - The Gram Sabha also has granted authority to initiate the procedure for determining the nature extent of the individual or the community forest rights under the specific provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006. **Difference Between Gram Sabha and Gram Panchayat** Gram Sabha is the assembly of the people in the village who are more than 18 years of age and have their names enrolled in the voter list of the Panchayat. Gram Panchayat is the elected committee of the Gram Sabha, which consists of various representatives who are elected by the Sabha. **Conclusion** The Gram Sabha is the democratic institution at the grass-root level in each village panchayat. It is very important that the Gram Sabha functions effectively, so as to ensure transparency accountability in public participation. Moreover, the effective functioning of the Gram Sabha also ensures the effective participation of people regarding various important public welfare decisions. [**Bhumi Prabandhak Samiti**](https://www.lawinsider.com/dictionary/bhumi-prabandhak-samiti) [**Bhumi Prabandhak Samiti**](https://www.lawinsider.com/dictionary/bhumi-prabandhak-samiti) -- (1) The \[Gram Panchayat\] 2\[\* \* \*\] shall also be Bhumi Prabandhak Samiti and as such discharge the duties of up-keep, protection and supervision of all property belonging to or vested in or held by the Gram Panchayat under Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951) or under any other provisions of that Act. The successful bidder shall submit contract performance Bank Guarantee in the form of BG as per GAIL format within 15 days of award of order for 10% of contract value. State) is concerned, even though it states that permission was necessarily to be taken before the acquisition of a lease but, it does not specify as to whether it was a condition precedent for only the Pradhan, the members of the Bhumi Prabandhak Samiti or was it also mandatory even for the family members of the Pradhan. The Bhumi Prabandhak Samiti, or Land Management Committee (LMC), is a committee that manages, preserves, and controls all land and other things belonging to the Gram Panchayat: - **Duties** The LMC is responsible for the upkeep, protection, and supervision of all property belonging to the Gram Panchayat. This includes the settlement and management of land, the development of agriculture, and the maintenance of forests, trees, and pastures. - **Structure** The LMC is made up of all members of the Gram Panchayat. The Pradhan and UP Pradhan of Panchayat are the Chairman and Vice-Chairman, respectively, and the Lekhpal of Gaon Sabha is the Secretary. - **Constitutional framework** The 73rd Constitutional Amendment Act provides shape to Article 40 of the Constitution, which directs the state to organize the village panchayats and provide them with powers and authority. **Unit 2** i\. Classes of Tenure Holder ii\. Rights of Tenure Holder **(SEE PDF Rights of Tenure holders)** **Ejectment** Ejectment in Uttar Pradesh land law is the process of recovering land possession and damages for unlawful detention of land possession. The provisions for ejectment in Uttar Pradesh land law are as follows: - Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 Section 212A of this act provides for the summary procedure for ejectment from land of public utility. This section applies to tenure holders, trespassers, and others who were admitted to the land after August 8, 1946. - Uttar Pradesh Land Revenue Code, 2006 Sections 130 to 137 of this code provide for the ejectment of different classes of tenure holders. - Gram Sabha land The Land Management Committee, an executive body of the Gram Sabha, has the power to file a suit against trespassers. Ejectment is a common law cause of action where a plaintiff who has the right to possess a piece of land sues the defendant who is in actual possession of the property. (Classes of tenure holders) **Provisions for Ejectment under the Uttar Pradesh Land Revenue Code 2006** The **Uttar Pradesh Land Revenue Code 2006 **other than providing the procedure of ejectment of tenure holders, [nowhere defines the very term 'ejectment']. Therefore, taking reference of definition provided in the ***Black's Law Dictionary***, the term ***'ejectment'*** can be defined as a *"mixed action which lay for the recovery of possession of land, and for the damages for the unlawful detention of its possession."* Prior to the enactment of the **Uttar Pradesh Land Revenue Code 2006, **the repealed **Uttar Pradesh Zamindari and Land Reforms Act, 1950 **provided for ejectment of a tenure holder under **Section 199 to Section 212-C**, which includes ejectment of Bhumidhar with Transferrable Rights, Bhumidhar with Non-Transferrable Rights and Asami. Under the **Uttar Pradesh Land Revenue Code 2006**, ejectment of different classes of tenure holders are provided under provisions ranging from **Section 130 to Section 137 **of the Code. Additionally, **Section 149 **and **Section 150 **are also to be included alongside the above-stated provisions that provide for ejectment of a class of tenure holders. Prior to discussing the real genre behind the concept of ejectment under this 2006 Revenue Code, the author in the next section of this assignment shall give a brief outline on the 'classes of tenure holders' that are ejected following the provisions stated above. **Unit 3** ![](media/image2.png) ![](media/image4.png) **Section 115N in U.P. Zamindari Abolition and Land Reforms Rules, 1952** **115N. \[ C-General. *\[Substituted by Notification No. U.O. 605/Rajaswa1-2(S)-75 dated 01.11.1975.\]*** [(1)](https://indiankanoon.org/doc/79857925/)Whenever the Land Management Committee proceeds to allot housing sites under Rule 115-L, or 115-M, it shall announce by beat of drum in the village the exact location of the sites to be allotted, the time, the date and venue of allotment.[(2)](https://indiankanoon.org/doc/156274303/)All allotment shall be made by the Land Management Committee in a meeting held for the purpose on the date announced under sub-rule (1). Where more than one person belonging to the same order of preference express their desire to be allotted a particular site, the said Committee shall draw lots to determine the person to whom the site should be allotted :Provided that the prior approval of the Assistant Collector-in-charge of the Sub-Division shall be obtained for every allotment under Rule 115-L or 115-M.[(3)](https://indiankanoon.org/doc/2038302/)The allottee of the housing site shall be given a receipt for the premium, if any, paid by him to the Land Management Committee and a certificate of allotment. The certificate shall be in Z.A. Form 49-F which shall be prepared in two parts, the main certificate being given to the allottee and its counterpart remaining with the Land Management Committee for record.\] **Devolution and succession are two modes of property transfer in land law: ** - **Devolution**: A legal process that automatically transfers property rights and interests, minimizing the need for legal intervention. Devolution is important for ensuring a clear and orderly succession of property, especially in cases of death, trust management, or joint ownership. - **Succession**: Applies to the self-acquired property of an individual. - **Survivorship**: Applies to ancestral property or coparcenary property. Coparcenary property is property inherited from ancestors, property acquired with the help of ancestral property, or joint acquisition by coparceners. The Mitakshara School of Hindu Law governs the devolution of coparcenary interest in property. Under the Mitakshara School, when a person inherits property from their father, grandfather, or great grandfather, they hold it as a joint tenant with their sons, grandsons, and great grandsons. The interest of a deceased coparcener in the coparcenary property devolves through survivorship. (article) **(Unit 4)**

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