ABOLITION OF JAGIRS AND LAND REFORMS RULES,
1953 (BHOPAL)[1] CHAPTER I
PRELIMINARY (1)
(a)
These rules may be called The Abolition of Jagirs and Land Reforms Rules, 1953
(Bhopal). (b) They shall come into force at once. (2)
In
these rules unless there is anything repugnant in the context:-- (a)
"Act"
means the Bhopal Abolition of Jagirs and Land Reforms Act, 1953 (No. X of
1953). (b)
"Section"
means a section of the Act. (c)
"Jagir
Commissioner" means an Officer appointed as such by the State Government
under clause 7 of sub-section (1) of Section 2 of the Bhopal Abolition of
Jagirs and Land Reforms Act, 1953 (No. X of 1953). CHAPTER II
RESUMPTION OF JAGIRS Upon the publication of a notification under
Section 4, the Collector shall issue a proclamation in J.A. Form 1, and cause
the same to be published within the local limits of his jurisdiction-- (1)
by
posting copies of the proclamation at his Court house, at the Tahsil building
and at some conspicuous place in or near the village or villages in which the
Jagir lands are situated, and (2)
by
beat of drum in each village in which the Jagir lands are situated. With effect from the date of resumption the
Collector shall be incharge of the resumed Jagir lands lying within the local
limits of his jurisdiction and he shall deal with them in the same way as he
deals with the Khalsa lands in his jurisdiction. (1)
Immediately
after the date of resumption the Collector shall ask every Jagirdar to furnish
within a month a statement in J.A. Form 2, showing the amounts recovered by him
before the date of resumption on account of revenue, rent, cess or other dues
for the agricultural year in which the date of resumption falls, from every occupant,
shikmi or any other person. (2)
The
Collector shall maintain a separate account of the amounts recovered by him
after the date of resumption on account of revenue, rent, cess or other dues
for the agricultural year in which the date of resumption falls, from every
occupant, shikmi or any other person. (3)
The
total amount recovered under sub-rules (1) and (2) shall, at the end of the
agricultural year in which the date of the resumption falls, after deducting 10
per cent therefrom, be ratably distributed between the Jagirdar and the State
Government. The Jagirdar shall be entitled to as much amount as bears the same
proportion to the total amount which the period before the date of resumption
bears to the whole agricultural year. Immediately after the publication of the
notification under Section 4, in respect of a Jagir, the Collector shall
prepare and maintain a register in J.A. Form 3, showing the arrears of land
revenue, abwab or cesses, Zar-i-Chaharum or Zar-i-Panjum, Agricultural
Income-tax and all other dues in respect of the Jagir land due from the
Jagirdar and of all loans advanced by the State Government or the Court of
Wards to the Jagirdar. The Collector shall send a copy of the
register maintained under Rule 5, duly signed by him, to the Jagir Commissioner
who shall take into account the entries mentioned in this register in
determining the amount to be deducted from the compensation payable to the
Jagirdar under Section 9. With effect from the date a Jagir is resumed,
the following classes of suits and proceedings shall be stayed : (1)
All
suits and proceedings whether of the first instance, appeal or revision, for
ejectment from the land in any resumed Jagir, pending in any Court on the date
of resumption except where the plaintiff-appellant or applicant, as the case
may be, is himself an occupant; (2)
all
suits for partition of the resumed Jagir lands; (3)
applications
or proceedings for the allotment of land in any Jagir; (4)
proceedings
for auction or sale of occupants' holdings in Jagirs on account of arrears of
land revenue; (5)
all
cases of execution of decrees relating to debts which are wholly or partially
charged upon or decreed against a resumed Jagir or part thereof. Every suit or proceeding, whether pending in
the Court of first instance or in appeal or revision stayed under Rule 7, shall
be abated by the Court or the authority before which it may be pending, after
giving notice to the parties and giving them an opportunity to be heard. (1)
The
abatement of any suit or proceeding under Rule 8 shall not debar any person
from establishing his right in a Court of competent jurisdiction in accordance
with the law for the time being in force in respect of any matter in issue in
such a suit or proceeding. (2)
Where
any suit or proceeding has been stayed under Rule 7 or is abated under Rule 9,
the period between the institution of such suit and its stay or abatement, as
the case may be, shall be excluded in committing the period of limitation fixed
for the institution of such suit or proceeding under the law applicable
thereto. (1)
The
Jagirdar whose Jagir land has been resumed under Section 4 shall, within one
month of the date of resumption submit to the Collector of the district in
J.A. Form 4, a list of the property which he claims under sub-section (1) of
Section 68 of the Act to be his private and personal property. The Collector
shall give a receipt for the list to the Jagirdar and shall desist from taking
over possession or charge of the property specified in the list till the
receipt of the orders of the Jagir Commissioner. (2)
The
Collector shall, after making necessary verification of the entries in the
list, forward the list with his report about each item mentioned in the list to
the Jagir Commissioner for orders under sub-section (2) of Section 6. (3)
Should
the Collector be of the opinion that any item of property specified in the list
submitted to him under sub-rule (1) is not the property of the Jagirdar and
which the Jagirdar is not entitled to hold under sub-section (1) of Section 6,
he shall report the reasons of such opinion and refer the matter to the Jagir
Commissioner under sub-section (2) of Section 6. A copy of such reference shall
be forwarded to the Revenue Commissioner also. Upon the receipt of a reference under Rule 10
(3) or where the Jagir Commissioner decides to review the list on his own
motion, the Jagir Commissioner shall appoint a date for holding an enquiry into
the matter and shall issue a public notice allowing a month's time for filing
objections, if any. (1)
The
notice under Rule 11 shall be served on the Jagirdar concerned and the
Collector of the District in which the property is situated in the manner
provided for the service of summons on the defendant in suit under the Code of
Civil Procedure, 1908. (2)
Copies
of the notice shall also be sent to the Revenue Commissioner and the Tahsildar,
within whose jurisdiction the property under dispute is situated-- (a)
for
being proclaimed by beat of drum to the inhabitants of the village where the
property is situated; (b)
for
being exhibited at some conspicuous place in such locality; (c)
for
being pasted on the notice board of the Tahsil. On the date fixed in the notice, the Jagir
Commissioner may postpone the enquiry if he finds that the notice issued under
Rule 11 was not duly served on any of the persons specified under Rule 12 or
was not pasted on the notice board of the Tahsil one month before such date. (1)
The
State shall be represented at such enquiry by any officer not below the rank of
a Naib-Tahsildar appointed by the Revenue Commissioner or by any pleader. (2)
If
any inhabitants of the locality in which the property under dispute is situated
are in any manner interested therein, they may contest the claim of the
Jagirdar in respect thereof and may jointly appoint one or more persons not
exceeding three in number to represent them at such enquiry. (3)
The
Jagirdar may appear in person or by his duly authorised agent at the enquiry
held under sub-section (2) of Section 6 of the Act. The Jagir Commissioner shall after giving an
opportunity to the Jagirdar, the State and other interested persons, of
producing evidence and of being heard in support of their contests shall pass
such orders as he may deem fit. The enquiry shall be held in the manner
provided for the hearing and disposal of suits by a Revenue Court. Immediately after the date of resumption the
Collector shall get a statement prepared in J.A. Form 5, of Khud-kasht lands,
grove lands and orchards held by each Jagirdar giving details of the area,
soil, class and the period of personal cultivation of each Khasra number in
each village included in the Jagir. (1)
The
sites of private buildings, places of worship, wells, tanks and trees which
shall continue to belong to or be held by a Jagirdar or other person under
sub-section (1) of Section 6 of the Act, situated within the limits of a Jagir
land, shall be deemed to be settled with the owner of the said buildings,
wells, places of worship, tanks and trees as on the following terms and
conditions :-- (a)
he
shall pay to the government such rent or revenue for the site as may be fixed
by the Collector under the provisions of the Bhopal State Land Revenue Act (Act
IV of 1932); (b)
he
shall have heritable and transferable interest and rights in the site; (c)
he
shall not be liable to ejectment; (d)
he
shall have the right to use the site for any purpose whatsoever subject to the
existing rights of easement; (e)
succession
shall be governed by personal law; (f)
if
the building is abandoned or if the well goes out of use or if the owner dies
without any heir entitled to succeed, the site shall escheat to the State
Government. (2)
The
site of a private well or a building in a holding or groves shall be deemed to
be settled with the holder on the same terms and conditions as the holding or
the grove in which it is situated. Groves and orchards shall be settled on the
Jagirdar under clause (c) of sub-section (1) of Section 6 of the Act on the
following terms and conditions:-- (1)
A
Jagirdar will become an occupant of the land occupied by the groves or orchards;
and (2)
land
revenue shall be assessed on the land at the village rates and shall be payable
with effect from the date of resumption. (1)
Immediately
after the date of resumption the Collector shall ask every Jagirdar in his
jurisdiction to furnish within fifteen days of the receipt of the order, a list
in J.A. Form 6, of all leases and contracts granted by him on or after the 6th
May, 1952, for any non-agricultural purposes or relating to any forest,
fisheries or quarries in his Jagir land for a period of three years or more. (2)
On
receipt of these lists the Collector shall summon the persons in whose favour
the leases or contracts have been granted, with their leases and documents to
the contracts and after scrutinising them and giving an opportunity to the
parties of being heard, shall decide whether the lease or the contract should
be cancelled under Section 7 of the Act. (3)
In
determining the question whether a lease or a contract was made or entered into
in the normal course of management or anticipation of the legislation of the
abolition of Jagirs, the Collector shall take into consideration the following
facts:-- (a)
the
past practice of granting such leases or contracts in the Jagir; (b)
the
date of the lease or the contract; (c)
the
amount for which the lease or the contract has been granted; (d)
the
amount of premium, if any, charged by the Jagirdar; and (e)
whether
the lease or the contract has been made or entered into in accordance with the
rules and standing orders of the Government. (4)
After
taking such oral or documentary evidence as the parties may produce and hearing
the parties concerned, the Collector shall pass an order in writing giving full
reasons in support of his order. (1)
If
any Jagirdar recovers any rent or revenue, abwab or cess or other dues in
contravention of Section 8 of the Act, the Collector shall call upon the
Jagirdar to appear before him and to show cause why the penalty provided in
sub-section (2) of Section 8 should not be imposed on him and after giving him
an opportunity of being heard, pass such orders as he may deem fit. (2)
In
fixing the amount of penalty the Collector shall take into consideration the
following matters: (a)
the
date of recovery; (b)
the
period for which the amount recovered was due; (c)
the
amount recovered; and (d)
circumstances
under which the amount was recovered. (3)
In
addition to the penalty imposed under this rule the Collector shall also order
that the amounts recovered by the Jagirdar be refunded within a period of 15
days form the date of the order. CHAPTER III
COMPENSATION (1)
The
Jagir Commissioner in fixing the amount of maintenance under Section 10 of the
Act shall, in addition to the matters specified in that section, also take into
consideration the following matters, namely-- (a)
the
relationship of the person claiming maintenance allowance, to the Jagirdar; (b)
the
terms and conditions, if any, mentioned in the Sanad or Iqurarnama about the
maintenance allowance payable to any person; (c)
any
orders of the Ruler or the Government or a Court of law regarding the payment
of maintenance allowance out of the income of the Jagirdar; (d)
the
prevailing prices of essential commodities as defined in clause 3(1) of the
Bhopal Essential Supplies Temporary Powers Act of 1946; (e)
the
income of the Jagirdar from Khud-kasht and other sources; (f)
area
of land in and out of the Jagir held by the person claiming maintenance
allowance; and (g)
the
minimum requirements of the person entitled to a maintenance allowance out of
the income of the Jagir concerned and to minimum requirements of the Jagirdar
and the members of (sic)h. family. (2)
The
amount of maintenance allowance shall be payable out of the instalments of
compensation payable to the Jagirdar for such period only as the payment of
instalments of compensation continues. Ordinarily the amount of maintenance
allowance payable to a person fixed under this rule will bear the same
proportion to the annual instalment payable to the Jagirdar, as the amount of
maintenance allowance with that person used to receive from the Jagirdar before
the date of resumption, bears to the Sanadi income of the Jagir. (1)
The
statement of claim required to be filled under sub-section (1) of Section 12 of
the Act, shall be in J.A. Form 7. (2)
In
addition to the particulars mentioned under sub-section (2) of Section 12 of
the Act, the following details shall also be given in the Statement of Claim:-- (a)
Khasra
numbers with their areas held as Khud-kasht by the Jamdar with details of the
area cultivated personally by the Jagirdar and the area in possession of
Shikmis mentioning the period of such possession in each case; (b)
area
and land revenue of the holding or holdings held by the Jagirdar as occupant in
any village outside his Jagir; and (c)
details
of open enclosures, house sites, private buildings, places of worship, wells,
tanks, trees, groves and orchards which the Jagirdar claims to be continued to
remain in his possession under sub-section (1) of Section 6 of the Act. The Statement of Claim shall be filled in
duplicate and shall be signed and verified by the Jagirdar or his duly
authorised agent in the manner provided under sub-section (3) of Section 12 of
the Act. The Jagir Commissioner will check the entries
in the Statement of Claim with the settlement and annual revenue records and
after giving the Jagirdar an opportunity of being heard and making such other
enquiries as may appear necessary, correct any mistakes that may be found in
the Statement. In case no statement has been submitted by
the Jagirdar within the specified period under Section 12 of the Act or the
statement submitted does not contain all the required particulars, the
Jagir Commissioner shall determine the required particulars on the basis of the
settlement and annual revenue record and other documents after making such
necessary enquiry as he may deem fit and after giving an opportunity to the
Jagirdar of being heard. For purposes of determining the amount of
compensation, dues and other deductions under sub-section (1) of Section 13,
the Jagir Commissioner may require the Jagirdar, maintenance holders, and
co-sharers to produce any registers, records, documents or evidence that may be
in their possession. The person so required shall produce registers, records,
other documents or evidence which he has been asked to produce. If he fails to
produce them the Jagir Commissioner can make any reasonable presumption against
him (i.e., against the person who was required to produce them). In the case of holdings the rent or revenue
of which has either not been determined or which is paid in kind or partly in
cash or partly in kind, the rent or revenue will be determined at the
appropriate village rates fixed at the current settlement. The average Sayar income from hats, bazars,
quarries and fisheries, will be calculated on the basis of the entries in the
Patwaris' records for the 12 years immediately preceding the year in which the
date of resumption falls or on the annual returns filed by the Jagirdar for the
assessment of cess or income-tax during the said period of 12 years immediately
preceding the year in which the date of resumption falls. In case no entries
have been made in the Patwaris' records and no returns have been filed by the
Jagirdar, the Jagir Commissioner will determine the annual gross income after
making such inquiries as he may deem fit. Income from forests and grazing fees shall be
calculated on the basis of annual returns filed by the Jagirdar for the
assessment of income-tax during the period of 20 agricultural years immediately
preceding the date of resumption. In case such returns have not been filed, the
Jagir Commissioner will determine the average income from forests and grazing
fees after making such enquiries as he may deem fit. (1)
For
purposes of calculating the net income of the Jagir under Clause 4 of the
Schedule, Zar-i-Chaharum, Zar-i-Panjum and Abwab shall be as entered in the
Sanad granting the Jagir. (2)
The
amount of agricultural income-tax to be deducted from the gross income of a
Jagir under sub-clause (b) of clause (4) of the Schedule shall be the amount as
assessed by the Assessing Authority under the Agricultural Income-tax Act, for
the agricultural year in which the date of resumption falls. J.A. Form 8 will be used for determining the
amount of compensation due to the Jagirdar. Before determining the final amount of
compensation the Jagir Commissioner shall give notice to the State Government,
the Jagirdar, persons entitled to maintenance allowance and co-sharers, if any,
and other interested persons and after giving them an opportunity of being
heard, decide any objection that may be filed by any one of them. The net amount of compensation payable to a
Jagirdar under Section 9 after deducting the amounts specified in Section 14
shall be paid-- (1)
in
lump sum on [2][2nd
April, 1954] to the Jagirdar whose net annual income does not exceed Rs.
1,000/-; (2)
in
three equal annual instalments on 1st October, every year, to the Jagirdar
whose net annual income exceeds Rs. 1,000/- but does not exceed Rs. 3,000/-; (3)
in
five equal annual instalments on 1st October, every year, to the Jagirdar whose
net annual income exceeds Rs. 3,000/- but does not exceed Rs. 10,000/-; (4)
in
seven equal annual instalments on 1st October, every year, to the Jagirdar
whose net annual income exceeds Rs. 10,000/- but does not exceed Rs. 20,000/-;
and (5)
in
nine equal annual instalments on 1st October, every year, to the Jagidar whose
net annual income exceeds Rs. 20,000/-. (1)
Simple
interest at 2-1/2% per annum from the date of resumption shall also be paid along
with each annual instalment. (2)
No
interest will be allowed on any annual instalment after the date on which it
has become due. (1)
A
certificate in triplicate will be prepared by the Jagir Commissioner in J.A.
Form 9, showing the total amount of compensation, deductions, if any, on
account of interim compensation and other Government dues, the amount of each
instalment and the interest thereon, and the date on which and the Treasury or
sub-treasury at which the annual instalments will be payable. (2)
One
copy of the Certificate prepared under sub-rule (1) will be issued to the
Jagirdar and the second copy will be issued to the Finance Secretary to the
Government and the third copy will be kept on the file in the office of the
Jagir Commissioner. Interim compensation, if any, paid to the
Jagirdar and all amounts due to the Government or to the Court of Wards from
the Jagirdar will be deducted from the amount of compensation. No annual instalment will be of less than R.
500/- unless the total amount of compensation or the remainder for the last
instalment is less than Rs. 500/-. Payments will become due on the date noted in
the certificate issued under Rule 35 or on the next working date if that date
happens to be a holiday. The instalment of compensation payable to a
Waqf, Trust or Endowment for the benefit of a religious or charitable
institution shall be deposited for or on behalf of the Waqf, Trust or
Endowment with the Treasurer of Charitable Endowments, if any, otherwise with
the Imperial Bank of India, at Bhopal, under intimation to the Officer-in-charge
of the Waqfs, Trust and Endowment appointed by the Government. (1)
If
any Jagirdar wants to purchase annuity from any insurance company out of the
compensation payable to him, he may apply to the Jagir Commissioner in J.A.
Form 10. (2)
The
Jagir Commissioner shall forward the application for the orders of the
Government with his recommendations after taking into consideration the
following matters : (a)
age
of the Jagirdar; (b)
total
amount of compensation payable to the Jagirdar; (c)
number
of instalments; (d)
amount
of each instalment; (e)
amount
of compensation for which the Jagirdar wants to purchase annuity; and (f)
amount
of annuity which the Insurance Company would pay to the Jagirdar for his
life-time. (3)
The
Government may sanction or reject the application after considering the merits
of each case. In case the application is sanctioned the amount of compensation
for which the Jagirdar wants to purchase annuity shall be paid to the Insurance
Company nominated by the Jagirdar, after obtaining a joint receipt of the
amount from the Jagirdar and the Insurance Company. (4)
The
payment of compensation to the Insurance Company through the Jagirdar, under
sub-rule (3) shall be a full discharge of the State Government from the
liability to pay compensation in lieu of the resumption of his Jagir lands. The
Government will not in any way be responsible for the regular payment of the
annuity by the Insurance Company to the Jagirdar and it will be a matter
entirely between the Insurance Company and the Jagirdar and the Government will
not be a party to it. Except as provided under Rule 40 any pledging
or transfer of instalments by the Jagirdar or any of his heirs,
successors-in-interest or legal representatives, shall not be recognised by the
State Government. If the compensation payable to a Jagirdar has
not been determined within a period of six months from the date of resumption
the Jagirdar will be entitled to apply for interim compensation. The application for interim compensation will
be presented in duplicate to the Jagir Commissioner in J.A. Form 11. If deductions have to be made under Section
14, the amount of interim compensation shall be equal to one-tenth of the
estimated amount of compensation minus the deductions to be made under Section
14. The amount of interim compensation shall be
determined by the Jagir Commissioner and shall be paid in cash on such
date as may be fixed by the Jagir Commissioner. Before payment of interim compensation is
made the Jagirdar shall have to execute an Indemnity Bond in J.A. Form 12. (1)
When
a person entitled to receive compensation, dies before any or all of the
instalments of compensation are paid to him, the remaining instalments shall be
paid to his legal representatives. (2)
If
the total compensation remaining due to the Jagirdar after his death exceeds the
sum of Rs. 500/-, payment will be made only on production of a probate of his
Will or letters of administration of his estate or a certificate granted under
the Indian Succession Act (XXXIX of 1952). (3)
If
the total compensation remaining due to the Jagirdar after his death is not
more than a sum of Rs. 500/-, it may be paid to such person as the Collector
may, after making such enquiries as he may deem fit, determine the person
legally entitled to receive such compensation. (4)
Any
payments made in good faith under this rule shall fully absolve the State
Government of its liability to pay such compensation. CHAPTER IV
KHUD-KASHT LAND (1)
A
Jagirdar whose Jagir land has been resumed under the Act and who has any area
of Khud-kasht land may within [3][one
year] of the date of resumption apply in J.A. Form 13, to the Tahsildar within
whose jurisdiction such land or the major portion of such land is situated for
the allotment to him under Section 16 of such land as is in his personal
cultivation. (2)
In
addition to the particulars required by sub-section (2) of Section 19, the
following particulars shall also be furnished in the application J.A. Form
13:-- (a)
the
agricultural year from which the land has been recorded as his Khud-kasht in
the Land Records; (b)
the
area of Khud-kasht land lying fallow and the year since when it has been lying
fallow; (c)
the
area of land reclaimed by the Jagirdar from waste land and the year in which it
was reclaimed; and (d)
the
area of the reclaimed land personally cultivated by the Jagirdar himself on the
date of resumption and the area of reclaimed land let out to sub-tenants or
Shikmis. (3)
On
receipt of the application under this rule the Tahsildar shall issue notices
under clause (1) of Section 20 in J.A. Form 14 to the applicant and to Shikmis or
other interested persons, if any, in J.A. Form 15. (4)
The
Tahsildar after necessary verification of the particulars supplied by the
applicant and making such enquiries as he may deem necessary and giving
the parties an opportunity of being heard, pass an order making allotment to
the Jagirdar of so much of the recorded Khud-kasht land as was in his personal
cultivation on the date of resumption and shall issue a Patta to the Jagirdar
in J.A. Form 16 under sub-section 3 of Section 20. (5)
The
land revenue of the land allotted to the Jagirdar under sub-rule 4 shall be
fixed at the village rates fixed at the current settlement. (1)
A
Shikmi of Khud-kasht land under a Jagirdar may, within [4][one
year] from the date of resumption apply in J.A. Form 17, for the allotment to
him of land which has been is his personal cultivation for more than one
agricultural year on the date of resumption, to the Tahsildar within whose
jurisdiction such land or major portion of such land is situated. (2)
The
application under sub-rule (1) shall contain the following particulars:-- (a)
the
name of the Jagirdar under whom he is a Shikmi; (b)
the
area of Khud-kasht land in the possession of the Shikmi; (c)
the
period of possession giving the agricultural year from which the sub-tenant or
Shikmi is in possession; (d)
rent
paid by the Shikmi to the Jagirdar; (e)
the
area of Khud-kasht land which the applicant wants to be allotted to him as an
occupant. (3)
On
receipt of an application under sub-rule (2), the Tahsildar, shall after giving
due notice in J.A. Form 18 to the Jagirdar and the Shikmi concerned and making
such enquiries as he may deem proper, pass an order allotting so much of the
land as has been in the personal cultivation of the Shikmi for more than one
year and shall issue a Patta in the same form in which Pattas are issued to
occupants under the Bhopal State Land Revenue Act, IV of 1932. The land revenue
of the land allotted under this rule shall be fixed at the village rates. (1)
A
Jagirdar whose Jagir land has been resumed under the Act and who on the date of
resumption does not hold any land or holds less than the minimum area whether
as Khud-kasht or as occupants holding anywhere in the State may apply in J.A.
Form 19 to the Collector for allotment of so much area of land for his personal
cultivation as to make up minimum area prescribed in the Explanation to Section
21 of the Act. (2)
The
application under sub-rule (1) shall contain the following particulars :-- (a)
the
area of Khud-kasht land personally cultivated by the Jagirdar in each village
of his Jagir; (b)
the
area of land held by the Jagirdar as an occupant outside his Jagir with details
of the area held and land revenue paid in each village; (c)
the
area of land held by the Jagirdar as occupant outside his Jagir but transferred
to any other person on or after the 6th day of May, 1952; (d)
the
name of the person or persons to whom the area has been transferred and the
amount of the consideration money received for the land; and (e)
the
area of the land which the Jagirdar wants to be allotted to him for making up
the minimum area in his personal cultivation with the name or the names of the
villages where the area is situated. (3)
On
receipt of the application under sub-rule (2) the Collector shall after
verification of the particulars supplied by the Jagirdar and such other
enquiries as he may deem proper and giving the Jagirdar a reasonable
opportunity of being heard pass an order allotting so much unoccupied
culturable land available in or near the village where the Jagirdar has already
got some Khud-kasht land in his personal cultivation or where he resides, so as
to make up the minimum area as prescribed under Explanation to Section 21 : Provided that if the Jagirdar has on or after
the 6th day of May, 1952, transferred any area of land held by him as occupant
outside his Jagir, the area so transferred shall be taken into account in
determining the minimum area to be allotted to the Jagirdar. (4)
The
Collector shall issue a Patta of the land allotted to the Jagirdar under
sub-rule (3) in the same form as a Patta is issued to an occupant under the
Bhopal State Land Revenue Act, IV of 1932, and the revenue payable by the
Jagirdar for such land shall be fixed at the village rates determined at the
current settlement. (1)
If
any Jagirdar has granted any Khud-kasht land to any person in lieu of
maintenance allowance payable by the Jagirdar and such land is in the personal
cultivation of that person he will apply in J.A. Form 20 to the Collector in
which the land is situated for issuing a Patta as an occupant of the land in
his personal cultivation. (2)
The
application under sub-section (1) shall contain the following particulars:-- (a)
Name
of the Jagirdar who has granted the land; (b)
the
area of the land with the name of the village where it is situated; (c)
the
rent or revenue paid to the Jagirdar, if any; and (d)
the
area of the land which he wants to be allotted to him as an occupant. (3)
On
receipt of the application under sub-rule (1) the Collector shall after giving
notices to the Jagirdar and the applicant and after making such enquiries as he
may deem proper pass an order allotting to the applicant so much of the land as
is in his personal cultivation on the date of resumption. A Patta shall be
issued in the same form as a Patta is issued to an occupant under the Bhopal
State Land Revenue Act, IV of 1932, and the land revenue payable for such land
shall be fixed at the village rates determined at the current settlement. (4)
If
any area of the Khud-kasht land granted by the Jagirdar to a maintenance holder
or a co-sharer is not in the personal cultivation of the maintenance holder or
the co-sharer but is in the possession of Shikmis, such land shall not be
allotted to the maintenance holder or the co-sharer but shall be allotted to
the Shikmi who has been in possession for more than one agricultural year. A
Patta will be issued in the same form as a Patta is issued under the Bhopal
State Land Revenue Act, IV of 1932, and the land revenue shall be fixed at the
village rates determined at the current settlement. CHAPTER V
MISCELLANEOUS If any suit or proceeding is pending before
any Court or other authority, which directly or indirectly affects or is likely
to affect the right of any person to receive the whole or part of the compensation
payable under Section 9, and the Jagir Commissioner is required by that Court
or Authority to place the amount of compensation at its disposal, the payment
of instalments of compensation shall be withheld and the amount shall be
deposited in the headquarters treasury as a deposit, to be disposed of in
accordance with the orders of such Court or Authority. (1)
Any
officer or authority holding an enquiry under the Act shall before entering
upon Jagir land under clause (a) of Section 31 inform the Jagirdar and other
persons in actual possession of the land of the time and date when he proposes
to enter upon the land. The time should not ordinarily be before sunrise and
after sun-set. (2)
The
officer or any authority while making a survey or taking measurement or doing
any other act on any Jagir land under clause (b) of Section 31 shall act in
such a way as not to cause any damage to standing crops, fencing and other
constructions on the land. Any notice or other document required to be
served under the Act, may, if a proper service is not secured by the modes
prescribed in clauses (a) to (c) of Section 35, be served-- (a)
by
publication in the [5][Gazette]
or in any local Hindi paper; (b)
by
posting copies thereof on the notice boards of the Collector's Office and the
Tahsil; (c)
by
exhibiting copies thereof at some conspicuous place in the Jagir land. (1)
Inspection
of all documents, statements and registers maintained under the Act or these
rules shall be allowed on application to the Jagir Commissioner during office
hours on working days on payment of the same fees as are prescribed for the
inspection of revenue records, statements and registers under the rules in
force for the time being. (2)
Copies
of such documents, statements and registers may be issued under the orders of
the Jagir Commissioner passed on the application of the party concerned on
payment of the same fees as are prescribed for the issue of copies of the
revenue records, registers and statements under the Revenue Department's rules
in force for the time being. (1)
If
during any proceedings under the Act any question arises whether any Jagir land
is a forest or is situated in a forest, or as to the limits of a forest, it
shall be referred to the Collector of the district in which the land is
situated, for determination under Section 37. (2)
The
Collector on receipt of a reference under sub-rule (1) shall fix a date and
place for the hearing of the case and after giving an opportunity to the
parties concerned of being heard and taking such evidence as they may produce,
decide the question on the basis of the survey maps and records prepared at the
current settlement and the forest maps, if any, maintained by the Forest
Department. (3)
The
Collector may, if he considers necessary, make a local inspection in the
presence of the parties concerned before deciding the question. (4)
After
deciding the question the Collector will send a copy of his decision to the
Jagir Commissioner who shall act accordingly. (1)
Any
interested party may apply within ninety days from the date of the
communication of the order to the Revenue Commissioner, the Jagir Commissioner,
the Collector or the Tahsildar for the review of the order passed by himself or
his predecessor under Section 42. (2)
No
order shall be varied or revised unless notice has been given to the parties
interested to appear and be heard. (3)
No
party who has appealed from, or applied for the revision of an order shall be
entitled to apply for a review of the same. Every petition for appeal, revision or review
shall be accompanied by a certified copy of the order to which objection is
made. Save as otherwise expressly provided in the
Act, the court fee payable on all applications and appeals under the Act shall
be the same as is provided for the time being for applications and appeals
presented to a Revenue Court, and process fee shall be payable in respect of
all notices issued under this Act as if they were processes issued by a Revenue
Court. [1] Published in Supp.
Gaz. of Bhopal, dated 7-11-1953, p. 371 [2] Substituted by
Notification dated 17-2-1954, published in Bhopal Gaz., dated 27-2-1954. [3] Substituted by
Notification dated 15-3-1954, published in Bhopal Gaz., dated 27-3-1954. [4] Substituted by
Notification dated 15-3-1954, published in Bhopal Gaz., dated 27-3-1954. [5] Substituted for
"Bhopal State Gazette" by M.P.A.L.O., 1956 vide Section 4 Table.ABOLITION
OF JAGIRS AND LAND REFORMS RULES, 1953 (BHOPAL)