(3! Lands vested in the State Government under the U.P. Imposition of Ceil-
ing on Land Holdings Act, 1960.
(4) Lands vested in the State in the event of its owner dying heirless escheat
lands.
(5) Lands acquired by the Government under any law relating to acquisition
of land.
360. Lands vested in Gaon Sabha or local authority mentioned in item (2) of
the preceding paragraph are to be managed in accordance with the Rules of manage-
ment framed and included in U.P. Zamindari Abolition and Land Reforms Rules, 1952,
and those vested under the ceiling law, as mentioned in item(3) are to be managed in
accordance with the Rules of management prescribed in U.P. Imposition of Ceiling
on Land Holdings Rules. Lands acquired fo~public pwposes as mentioned in item (5)
above will be managed by the acquiring Department and utilized for the pwpose for
which these have been acquired. Lands mentioned in item (6) of the preceding para
shall be managed in accordance with the Rules framed under special laws. The lands
belonging to State Government under the management of any department, other than
221
222 REVENUE MANUAL
Revenue Department. will be managed by that department in accordance with the roles
and instructions of that department. Intra municipal nazullands shall be managed in
accordance with the Rules of Nazul Manual-All other lands belonging to the State
Government under the management of the Revenue Department or Land Reforms
Commissioner as mentioned in item (1) and (4) of the preceding paragraph are to be
managed as per Rules prescribed in this Chapter.
(a) by sale at full market value or exchange with private land of equal value;
(2) The transfer contemplated in clauses (a) to (d) of sub- role (1) above shall
be made by the State Government in the Revenue Department while transfer men-
tioned in clause (e) shall be made by the officers authorised by the Government.
the record of rights and in other areas, the District Officer to see that his registers agree
with the entries thus made.
364. The lekhpal/patwari during the course of his field to field partal will
particularly see if any land is under unauthorised occupation or has been damaged by
mischief. He shall record the fact of unauthorised occupation in form PA 24 in Z.A.
areas and in form P-IO in non-Z.A. areas. Also cases of damage caused to Govern-
ment lands shall be detected during the course of partal. It shall be the duty of the Land
Records Inspector and other inspecting 'officers to particularly check the work of the
lekhpal/patwari done in this regard and to pass suitable orders directing him to file
report for ejectment of unauthorised occupants and for recovery of damage before the
competent authority under the U.P. Public Premises (Prevention of Unauthorised Oc-
cupants) Act. 1972. The Sub-divisional Officer and .others who are the competent
authorities under the said Act shall ensure speedy disposal of such cases.
365. The bigger chunks of land should be managed directly by the Govern-
ment through Collector of the district or any other special agency created for the pur-
pose. Rules of management will be framed lookingio the particular conditions of the
area as and when a decision to this effect is taken by the Government. At present there
is no Government estate under the direct management of the Government
AGRICULTURAL LEASES
367. The following Rules shall be observed for grant of agricultural and hor-
"ticaltural leasesr-
poses such as abadi, roads, irrigation, ponds etc. shall in no case be allotted.
(b) A landless person residing in the Gaon Sabha who has become wholly
disabled by enemy action while in active service in the Armed Forces of the Union;
(d) Any other landless agricultural labourer residing in the Gaon Sabha.
(1) 'Landless' refers to a person who or whose spouse or minor children hold
no land as bhumidhar or Asami or Government lessee and also hold no land as such
within two years immediately preceding the date of allotment. For hill areas of the
State, a person holding land measuring 10 nalis (0.50 acre) or less shall also be treated
as landless. .
LIMIT OF ALLOTMENT
(iv) Not more than so much of area shall be allotted to a person which
together with the area held by him together with his family shall not exceed 1.26 bee-
tares(3.l25 acres). The allottee shall be allotted as far as possible one acre oflana.
N ote:- The expression 'family' shall mean the allottee, his or her wife or hus-
band (as the case may be) and minor children and where the allottee is a minor, his or
MANAGEMENT OF GOVERNMENT LANDS 225·
her parents.
(v) The land shall be allotted on lease under the Government Grants Act in
theform prescribed by Board of Revenue. The Sub-divisional Officer is authorised to
sign the lease deed on behalf of the Governor. Such a deed does not require registra-
tion.
(vi) The conditions of the lease, unless provided otherwise in a specific case
or specific category of cases, shall t>e as under:-
(b) The right of the lease holder shall be permanent and herediatary, for pur-
pose of succession, Sections 171 or 174 of the U.P. Zamindari Abolition and Land
Reforms Act, 1950 shall apply.
(c) The lease-holder shall have no right of transfer but he can mortgage the
allotted land, without possession, with the government or financial institutions for
contracting loan for development of agriculture.
(d) The allotted land can be used only for agriculture, horticulture, animal
. husbandry, including pisciculture and poultry fanning;
(e) The rent payable by the lease-holder shall be the amount determined on
principles prescribed in section 245 ofU.P. Zamindari Abolition and Land Reforms
Act, 1950 for determination of land revenue for bhumidhars.
(f) In the e~ent of violation of any condition of lease deed, the government
shall have the right to take possession of allotted land without paying any compensa-
tion free from all encumbrances. .
PROCEDURE OF ALLOTMENT
(2) In bill patties of Kumaon and Garhwal Divisions the following further
precautions will be' taken for selection of allottable lands:-
(a) No land should be leased for cultivation in village where 75% of the cul-
tivable area has already been brought under cultivation.
(c) Slopes upto 20 degrees alone may be allotted for cultivation. The cultiva-
tion without terracing can be done on land with slopes upto ten degrees. Plots with
!Tadient between 10 to 20 de grees should be leased on a condition that the lessee shall
put up proper terraces before cultivation. Plots with gradient between 20 and 40
degrees may be allotted for horticulture on the condition that the lessee shall put small
bench terraces before tree plantation.
(d) While selecting plots for allotment care should be taken to see that plots
with shallow depth of soil are not selected.
(e) It is necessary that no land within a radius of 200 meters from water
springs and within 100 mts. of high bank ofnala(stream) on both sides is allotted for
cultivation.
(ix) Proposal for allotment -The Lekhpal/Patwari will invite applications for
allotment of land for agricultural purpose and arrange, the applicants in order of
priorities prescribed in sub-para(ii) above. The list of eligible persons from among the
applicants may be prepared in form IT. This list as also the list of allottable plots will
be handed over by the lekbpal/patwari to the Land Records Inspector who will
scrutinise the lists in the village in the presence of as many people as he can collect.
Selection of eligible persons for allotment will be made by Land Records Inspector
with reference to the following points:-
MANAGEMENT OF GOVERNMENT LANDS 227
(a) Looking to the area of land available for allonnent the number of allot-
tees shall be fixed in the manner that the allottees can get as far as possible one acre
of land.
(d) The allotment proposals together with a copy of the proceedings at the
level of Lekbpal, L.R.lnspector and N.T.trahsildar will be submitted to the Sub-
divisional Officer for approval.
" The Sub-divisional Officer will examine the record received by him and
satisfy himself about the genuineness of the proceedings and propriety of the
proposals. Where he feels some irregularity has been committed, he may make fur-
ther enquiries as deemed necessary. He will sign the patta and qabuliat in cases which
he approves after satisfaction.
2. Soon after the. above action the Lekhpal/Parwari shall make a report: about
the mutation of the land in favour of the leaseholders to the Land Records Inspector
(Supervisor Kanungo) who will pass orders thereon after making Inquiries on the spot
and will satisfy himself that the Lekhpal/Patwari has made entry of mutation in the
Kbatauni. It shall be noted that the leaseholder is not unnecessarily called to Tahsil
for this purpose.
. 3 It is the duty of the revenue officials to see that no person interferes with
228 REVENUE MANUAL
(i) The land categorised as culturable waste, abadi site orunculturable waste
belonging to the Government may be leased out for building for housing, Commerce,
industry or charitable purposes.
(ii) In alloting land fonbuilding a house in rural areas, the following order of
preference may be observed.-
(b)' Any other agricultural labourer or village artisan residing in the village,
(c) A bhumidbar or Asami residing in the village and holding land less than
1-26 hectares (3.125 acres).
NOTE- Only persons having no house shall be eligible for allotment of house
site on Government land.
(ill) In alloting land for building a house in an urban area, the following order
of preference may be observed;
(b) a person belonging to low income group with annual income above
Rs.5000/-but still belonging to low income group.
NOTE- Only person having no house shall be eligible for allotment of house
site on Government land.
(iv) The State Government may prepare a housing scheme on any piece of
land for any group of persons in which case the order of preference prescribed in sub-
para(ii) and (ill) need not be observed.
(v) While alloting land for industrial purpose, preference will be given to cot-
tage industry.
(vi) (I) The allotment ofland for building purposes shall be carried out under
the Collector's orders-
(a) The Collector,if the value does not exceed Rs. 25,000.
(b) The Commissioner, if the value exceeds Rs.25,000/- but does not exceed
Rs.50,000/-
(c) the Board of Revenue, if the value exceeds Rs. 50,000 but does not ex-
ceed Rs. 1,00,000 and
(3) The lease deed shall be executed by the Secretary to the Government in
the Revenue Department,the Board of Revenue, the Commissioner and the Collector
whosoever sanctions the lease.
shall draw lots to determine the person to whom the site should be allotted. The Col-
lector after considering the report will pass final order, submit the proposal to the Com-
missioner, Board of Revenue, or the State Government depending on the value of the
land being leased out.
(viii) For allotment of land for a building other than a house the above pro-
cedure will be followed as may be practicable with suitable modifications as the Col-
lector may deem fit.
(ix) Lease Rent- The annual lease rent shall be leviable as under:
Rural Area- Rent calculated at rates applicable for calculation ofland revenue
for similar land.
Urban Area
(2) For other purposes- the annual rent shall be 2,1/2 times of the rent char-
geable for residential purposes.
NOTE- The lease rent on building leases in urban areas shall normally be
realised for 90 years in lump sum at the time of execution of lease deed. The lessees
of weaker sections to whom site measuring upto 40 sq metres is allotted shall have
facility of making payment of rent annually at their option.
(X) Premium:- No premium shall be charged for house sites measuring upto
80 sq metres in rural areas allotted to persons belonging to category (a) or (b) of sub-
para (ii) above and measuring upto 40 sq metres in urban areas allotted to persons
belonging to category (a) of sub-para (iii) above. Premium shall be chargeable from
all other persons and purposes at the rates-
(xi) All cases for leases which involve a concession in favour of the lessee,
e.g. in which it is proposed to fix the rent at a lower rate than prescribed in sub-
MANAGEMENT OF GOyERNMENT LANDS 23!
paragraph (be) or in which it is proposed to charge premium lower than the market
value, shall be submitted for the order of the State Government.
(xii) The maximum area of allotment for house site in rural areas shall not
exceed 25U sq.mts. and in urban areas it shall not exceed 150 sq.mts. The area for
other building pwposes will commensurate with the requirement. The Collector shall,
however, be authorised to make allotment for other building pwposes (commercial,
industrial or charitable) only upto 100sq mts. and that too only to persons belonging
to scheduled castes/scheduled tribes and other weaker sections. In other cases he shall
send the proposal to the Government together with his recommendation.
(a) The lease initially will be for a period of30 years and a lessee shall have
an option to get it renewed twice for a further period of 30 years each. The Govern-
ment shall have a right to enhance the annual rent which shall not be less than 1,1/2
times of the previous rent at the time of each renewal,
(\)j The lessee as well as his heirs shall have a heritable interest in the land
allotted, the succession being governed by the personal law which the lessee is sub-
ject to
(c) The lessee shall have to construct the building and to use it for the pur-
pose for which it is built within three years from the date of lease.
(d) The lessee shall have no right to transfer the land except with the prior
approval of the Collector. Before granting permission for transfer the Collector shall
cause thorough enquiries to be made with a view to ensure that no profiteering takes
place. In the case of a lessee belonging to scheduled caste permission for transfer in
favour of a non-scheduled caste person shall not be granted. The lessee shall"however,
have a right to mortgage the land without possession as a security for a loan for con-
structing the building.
(e) If the land is no more required for the purpose for which it was leased,
the same will be surrendered to the Government without any 'claim for compensation.
(f) If the building is abandoned or if the owner thereof dies intestate without
any heir entitled to succeed, the building together with the site shall vest in the State
Government free from all encumbrances:
(xi v) For matters relating to lease ofland for building purposes in urban areas
232 REVENUE MANUAL
not covered under these Rules, the rules of the Nazul Manual shall be consulted.
(XV) (a) The record of building leases shall be maintained in the register
prescribed as under:-
Name of Town/City .
(b) The Collector shall ensure that action for renewal of building lease is
taken up immediately after the expiry of the term of lease where it can be renewed
under the terms of lease deed, and he shall ensure expeditious initiation of action for
cancellation of lease deed and removal of possession where the lessee fails to get the
lease renewed or where the lease cannot be renewed.
(c) Where the land becomes available on cancellation oflease deed, it shall
be settled in accordance with the rules prescribed in preceding paragraphs.
(2) The Collector shall send quarterly Statements in the following forms to
the Commissioner and half yearly Statemensin the same forms to the Board of
Revenue and the Government in the Revenue Department:-
(I) Form B-I- Renewal or cancellation of expired building Leases-Rural Areas.
(2) Form B-2-Rene~al or cancellation of expired building Leases-Urban Areas.
(3) Form Col-Removal of encroachments-Rural Areas.
(4) Form C-2-Removal of encroachments-Urban Areas.
(5) Form D-l~~gement of Land-Rural Areas.
(6) Form D-2-Management of Land-Urban Areas.
(3) The Commissioner and the Board of Revenue shall send suitable instruc-
tions to the Collectors on the performance in respect of various aspects of manage-
ment of government property with a copy to the Government. While sending the copy
of their instructions to the Government. they shall send their comments bringing out
the strong and weak spots and also their proposals to improve the performance and to
remove the bottlenecks.
IV
FOI{M I W
.".
Para - 9 (viii) (i)
Plot No. Area Spot Position Whether fit for cultivation Remarks
2 3 4 5
i
i
FORM I1
Para .•9 (ix)
SI.No. Name with Parentage Whether belonging to Land already held No. of Family Remarks
and address . S.C./S.T. by the person members
2 3 4 5 6
FORM A
. i
~
I 2 3 4 5 6 7 8 9 10
~
en
FORM 8 - I
GOVERNMENT PROPERTY UNDER THE MANAGEMENT OF LAND REFORMS COMMISSIONER
Remarks
(Give action being taken in respect of expired
leases and difficulties being encountered)
8
· FORM B - 11
GOVERNMENT PROPERTY -UNDER THE MANAGEMENT OF LAND REFORMS COMMISSIONER ~
~
Renewal or Cancellation of Expired 8uilding Leases - Urban Areas
~
For the Quarter Ending . S
,
~
~
District Area of Govt. Lands Area for which Remarks
Leased out till Leases cancelled (Give action
31-12-1986 being taken in ~
Area whose lease Area for which During the
~
CoL4 of form A Progressive respect of
period expired leases renewed quarter expired leases &
~
During the Progressive difficulties being
1 2
l
3
quarter
4 5 6 7
encountered
8
i
N
Vl
....•
IV
W
00
FORM C - I
GOVERNMENT PROPERTY UNDER THE MANAGEMENT OF LAND REFORMS COMMISSIONERS
District Area under Area from which Cases instituted for Encroachments Removed
encroachment on
1 - 1 - 87
encroachments removed
without liti zation
During the Progressive
removal of encroachment
During the Progressive
quarter
Durin g the
quarter
NQ. Area
Progressive
No. Area
I
1 2 I
quarter
3 4 5
No. Area
6
No. Area
7' 8 Q 10 11 12 i
Remarks
Mention action being taken and
difficulties being encountered
13
FORMC-U
~
District Area Under Area from which Cases instituted Encroachment Removed Remarks ~
encroachment encroachment removed for removal of During the Progressive Mention. ~
on 1 - 1 - 81 without litigation encroachment quarter action being 8
During the Progressive During the Progressive No. Area No. Area taken and diffi - ~
I
- quarter quarter culties being
No. Area No. Area encountered
1 2 3 4 5 6 7 8 9 10 11 12 13
i
N
W
\0
FORM I)-I
~
o
GOVERNMENT PROPERTY UNDER THE MANAGEMENT OF LAND REFORMS COMMISSIONER
District Area of Govt. Lands available Area Added as a result Area leased out for
for Management on 1 - 1 - 87 of Renewal of encroachment Agricultural purposes
(Col. 15 ofFonn A) During the Progressive During the Progressive
quarter quarter
1 2 3 4
No. Area
5 6
\
No. Area
7 8 i
Area Leased out for Area Leased out for Area leased out for Area Trans ferred to Central
Residential purposes Industrial/Commercial Charitable purposes Govt. Other Depts. 01 Stale GOVit.
~.
During the purposes During the Progressive Local Bodies and institutions ~
Quarter Progressive During tbequarter] Progressive quarter utilised for Public purposes.
No. Area I No. Area No. Area No· Area No. Area No. Area During the Progressive
Quarter
9 10 11 12 13 14 15 16 17 18 19 20 21 22
23 2.4 25
FORM D- 0
District Area of Govt. Lands Area Added as result of renewal Area Leased out for Area Leased out for
Available for Management of encroachment Agricultural Purposes Residential purposes
on I - 1-87 During the Progressive During thequarte r] Progressive /During thequar~ Progres siv.
(Col. 16 of Form A) Quarter No. Area INo. Area N9 Area No. Area
1 2 3 4 5 6 7 8 9 10 11 12
-L- .
-
f
-Area Leased out for Area leased out for Area Transgferred to Central Total Leased Out and transferred
Industrial/Commercial Charitable purposes Govt. Other Depts. ot State Local.
. Purposes Durin g the Progressive Bodies and institutions and
During the IProgressive quarter utilised for Public purposes.
No. Area No Area No Area NO Area During the Progressive
quarter Durin g the quarter Progressive
13 14 15 16 17 18 19 20 21 22 23 2.4-
--
Remarks
I 25 ..,.
-
N