Ajmer Abolition Of Intermediaries And Land Reforms Act,
1955
[29 May 1955]
An Act to provide for
abolition of the intermediaries between the tillers of the soil and the State
and the acquisition of their right, title and interest, and for measures of land
reforms relating to land tenures consequent upon such abolition &
acquisition.
Be it enacted by the
Legislative Assembly of the State of Ajmer in the Sixth Year of the Republic of
India as follows :-
CHAPTER 1 CHAPTER ? 1
Section 1. Short
Title, Extent and Commencement :-
(1) This Act may be
called the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955.
(2) It extends to the
whole of the State of Ajmer.
(3) It shall come into
force on such date as the State Government may, by notification in the Official
Gazette, appoint.
Section 2.
Definitions :-
(1) In this Act, unless
the context otherwise requires:-
(i) "charitable
purpose" includes the relief of the poor, medical relief or the
advancement of education or of any other object of general public utility, but
does not include a purpose which relates exclusively to religious teaching,
workshop or service;
(ii) "common
land" means such plots of land in a village as vest in the village
proprietary bodies and are not included in any [x x x], khudkasht or tenancy
holding;
(iii) "Compensation
Commissioner" means a person appointed by the State Government to perform
the functions of a Compensation Commissioner under this Act;
(iv) "Compensation
Officer" means a person appointed by the State 3 Government to perform the
functions of a Compensation Officer under this Act;
[(v) "estate" has the same meaning as is
assigned to that expression in the [Rajasthan Tenancy Act, 1955 (Rajasthan Act
3 of 1955)] and includes all rights in an estate or a share in or a part of an
estate, and also includes an Istimrari estate, Jagir, Bhoom, Muafi and land
held by a Guzaredar, Minor Istimrardar or Non-Sanadi Istimrardar recorded as
such in the record of rights but does not include land held by a Biswedar or a
Khewatdar];
[(vi) x x x ].
(vii) "guzara" means-
(a) a fixed cash annuity;
or
(b) a specific area of
land in an estate;
granted by an intermediary for the maintenance of the younger members of his
family or other relatives and dependents or for the maintenance of any place of
religious worship and the expression "Guzaredar" shall be construed
accordingly;
(viii) "intermediary" means a holder of an
estate and includes;
(a) an Istimrardar
(b) a Non-Sanadi
Istimrardar
(c) a Minor Istimrardar
(d) a Jagirdar
(e) a Bhoomia
(f) a Muafidar
(g) a Guzaredar holding
any land in an estate granted to him as guzara
(h) a usufructuary
mortgagee of an estate;
[(ix) xxx]
Provided that in the case of a person who is
a widow or a minor or is subject to any physical or mental disability or is a
member of the armed forces of the Union, land shall be deemed to be cultivated
personally even in the absence of such personal supervision;
[(x) xxx]
[(xi) xxx]
(xii) "previous
agricultural year" means the agricultural year immediately preceding the
year in which the date of vesting falls;
(xiii)
"proprietor" means the owner of an estate whether as a trustee or for
his own benefit and includes the heirs and successors-in-interest of a
proprietor;
[(xiv) xxx]
(xv) "religious
purpose" includes a purpose connected with religious worship, teaching or
service or with the performance of religious rites [or with the maintenance of
any place of religious worship;]
(xvi) "standard
acre" means:
[(a) in the case of bari, chahi A, chahi one plus
and chahi one land, one acre of such land,
(b) ? in the case of chahi two, talabi one plus and
talabi one land, one and half acres of such land. ]
(c) ? in the case of chahi three, talabi two, abi
one, gormia one and mal one land, two acres of such land,
(d) ? in the case of talabi three, abi two, gormia
two and mal two land, three acres of such land,
(e)?? in the case of any other class of land, four
acres of such land;
[(xvii) xxx]
(xviii) "State
Government" means the President and includes the Chief Commissioner of
Ajmer acting within the scope of the authority given to him under Art. 239 of
the Constitution;
(xix) ?"uneconomic holding" means a holding
of less than eight standard acres;
(xx) "under proprietor" means a person-
(a) who holds land from
any Istimrardar, Jagirdar or a Bhoomia in the Istimari estate, Jagir or
Bhoomia, as the case may be, and
(b) who is recognised as
a proprietor of such land & is recorded as an under proprietor (Malik Adna)
in the record of rights;
[(xxi) xxx]
(xxii) "village
rate" means the [the rent rate sanction] for a particular class of soil in
the village during a Settlement or Rent Rate Operation under the [Rajasthan
Tenancy Act, 1955 (Rajasthan Act 3 of 1955) or the Rajasthan Land Revenue Act,
1956 (Rajasthan Act 15 of 1956;)]
(xxiii) all other
words and expressions used herein and not defined but defined in the [Rajasthan
Tenancy Act 1955 (Rajasthan Act 3 of 1955) or the Rajasthan Land Revenue Act,
1956 (Rajasthan Act 15 of 1956)] shall have the meaning respectively assigned
to them in [the said Acts.]
(2) [Rajasthan General
Clauses Act, 1955 (Raj. Act 8 of 1955)], shall apply for the interpretation of
this Act as it applied for the interpretation of a [Rajasthan Law].
Section 3. Act to
over-ride other laws :-
Save as otherwise expressly provided in this
Act, the provisions of this Act and of the rules and orders made there under
shall have effect notwithstanding anything inconsistent therewith contained in
any other law and rules for the time being in force or any instrument having
effect by virtue of any law or usage, agreement, settlement, grant, sanad or
any decree or order of any court or other authority.
CHAPTER 2 Abolition of
Intermediates and Acquisition of their Rights
Section 4. Vesting
of estate in the State :-
(1) As soon as may be
after the commencement of this Act, the State Government may, by notification,
declare that, as from a date to be specified, all estates situated in the
[Ajmer area] and held by intermediaries shall vest in the State Government and
as from the beginning of the date so specified (hereinafter called the date of
vesting), all such estates shall stand transferred to and vest, except as
hereinafter provided, in the State Government free from all encumbrances.
(2) It shall be lawful for
the State Government if it so considers necessary, to issue from time to time
the notification referred to under sub-section (1) in respect only of such
class or classes of estates as may be specified and all the provisions of
sub-section (I) shall be applicable to and in the case of every such
notification.
(3) In determining the
order under which different classes of estates may be acquired under
sub-section (2), the State Government shall have regard to the average size or
income of the estates in any particular class, the class in which the average
is higher being acquired before the class in which the average is lower.
Section 5. Collector to take over estates :-
Upon the publication of a notification under
Section 4, it shall be lawful for the collector or any officer appointed by him
in this behalf-
(a) to take charge of any
estate and of all interests vested in the State Government under the provisions
of this Chapter, and to take or cause to be taken such steps and use or cause
to be used such force as may, in the opinion of the Collector or the officer so
appointed, be necessary for this purpose;
(b) to enter upon any
land, building or other place forming part of any estate acquired under the
provisions of this Chapter and make a survey or take measurements thereof or do
any other act which he considers necessary for carrying out the purposes of
this Act;
(c) to require any person
to produce to such authority as may be specified, any books, accounts or other
documents relating to any estate and to furnish to such authority such other
information as may be specified or demanded; and
(d) if the books,
accounts and other documents are not produced as required, to enter upon any
land, building or other place and seize and take possession of such books,
accounts and other documents.
Section 6.
Consequences of acquisition of estates :-
(1) As from the date of
vesting of any estate, notwithstanding anything contained in any sanad,
contract, grant or other document or in any law, rule, regulation or order for
the time being in force, but save as otherwise provided in this Act, the
consequences as hereinafter set forth shall ensue in respect of such estate,
namely:-
(a) the right, title and
interest of the intermediary and of every other person not being a Biswedar
claiming through him in the estate including waste or uncultivated or
unoccupied lands, birs, forests, groves, hills, tanks, ponds, water-courses or
channels, ferries, quarries, pathways, village sites, huts, bazars and mela
grounds and mines and minerals whether being worked or not, shall cease and be
vested in the State Government free from all encumbrances;
(b) all rights, title and
interest created by the intermediary or his predecessor-in-interest in the
estate shall as against the State Government, cease and determine;
(c) all revenue, rents,
cesses, local rates, sayer, grazing fees, royalties and other dues in respect
of any holding or in respect of any land leased by or on behalf of the
intermediary for-any purpose other than agriculture, in the estate, for any
period after the date of vesting, which, but for the acquisition, would have
been payable to an intermediary, shall vest in and be payable to the State
Government and not to the intermediary and any payment made in contravention of
this clause shall not be valid discharge of the person liable to pay the same;
(d) all dues described in
clause (c) for the agricultural year in which the date of vesting falls
recovered by the intermediary before the said date and by the State Government
after the said date shall after deducting therefrom the expenses of collection
at the rate of ten percent be rateably distributed between the intermediary and
the State Government, the amount to be paid to each bearing to the total amount
recovered during the agricultural year the same proportion which the period
before the date of vesting or, as the case may be, the period after the said
date, bears to the whole of the agricultural year;
(e) all arrears of
revenue, cesses, royalties and other dues due [ to the State Government] from
the intermediary in respect of the estate for any period prior to the date of
vesting including any sum due from him under clause (d) and all loans advanced
by the State Government or the Court of Wards to the intermediary shall
continue to be recoverable from such intermediary and may, without prejudice to
any other mode of recovery be realized by deducting the amount from the
compensation payable to such intermediary under Chapter III;
(f) the right, title and
interest of the intermediary or any other person acquired under clause (a)
shall not be liable to attachment or sale in execution of any decree or other
process of any court, civil or Revenue, and any attachment existing on the date
of vesting or any order of attachment passed before such date shall, subject to
the provisions of Section 73 of the Transfer of Property Act, 1882 (IV of
1882), cease to be in force;
(g) subject to any rules
made in this behalf under this Act, all suits and proceedings relating to the
estate pending in any court at the date of vesting and all proceedings
consequent upon any decree or order passed in any such suit or proceeding
before such date shall be stayed.
(2) The State Government
may, by a notification in the Official Gazette, subject to such conditions or
restrictions as may be prescribed, transfer the control or management or both
of a common land vested in the State Government under this Act to a Panchayat
constituted under the Ajmer State Panchayat Act, 1954 (Ajmer Act VII of 1954).
(3) Nothing contained in
this section shall-
(a) render the State
Government liable for the payment of debts incurred by the intermediary before
the date of vesting and the intermediary shall be personally liable for the
payment of all such debts;
(b) operate as a bar to
the recovery by the intermediary of any sum which is legally due to him by
virtue of his rights in the estate in respect of any period prior to the
commencement of the agricultural year in which the date of vesting falls;
provided that no decree for arrears of rent or order for ejectment in default
of payment of arrears of rent shall be executed by ejectment of the
judgment-debtor from his holding; [xxx]
(c) affect any contract
entered into before the 1st of June, 1950 between an intermediary and any other
person in respect of any forest, fishery or quarry situated in the estate for
the collection of forest produce or fish or stone from such forest, fishery or
quarry, but the consideration in respect of the contract falling due after the
date of vesting shall be payable to the State Government.
Section 7. Private
lands, buildings, wells, house sites and other enclosures :-
(1) Notwithstanding any
thing contained in the last preceding section-
(a) the intermediary
shall continue to remain in possession of such khudkasht [xxx] land as is in
his personal cultivation on the date of vesting, to the extent and subject to
the conditions and restrictions specified in Chapter VI;
(b) (i) all open
enclosures used for agricultural or domestic purpose and in continuous
possession of the intermediary or his predecessor-in-interest for a period of
twelve years immediately preceding the date of vesting,
(ii) ? all open house sites purchased for valuable
consideration,
(iii) ? all private buildings, places of worship and
wells situated in and trees standing on land included in such enclosures or
house sites as are specified in sub-clauses (i) and (ii) above and all land
appertaining to such buildings and places of worship, shall continue to belong
to and be held by the intermediary;
(c) all groves and
orchards wherever situate, belonging to or held by any person including an
intermediary, shall continue to belong to or be held by such person and the
land on which such groves or orchards are situate, together with land
appurtenant thereto shall be settled with such person by the State Government
as a [Khatedar tenant] thereof;
(d) all trees, private
wells and buildings in or on occupied land allotted under Chapter VI to the
intermediary or any other person shall continue to belong to such intermediary
or other person.
(2) If any question
arises whether any property is of the nature referred to in sub-section (1) it
shall be referred to the Collector who after making such enquiry as he deems
necessary, may make such order thereon as he deems fit.
Section 8.
Cancellation of certain leases :-
Where an intermediary has on or after the 1st
day of June, 1950,
(a) granted a lease of
any land in the estate or any part thereof for any non-agricultural purposes
other than mining for period of three years or more or;
(b) granted a lease or
entered into a contract relating to any forest, fishery or quarry in his estate
for a period of three years or more; or
(c) granted a lease for
the cultivation of any area of bir or pasture or waste land;
and the Collector is satisfied that such lease or contract was not made or
entered into the normal course of management but in anticipation of legislation
for the Abolition of Intermediaries, the Collector may, subject to any rules
made under this Act, by order in writing, cancel the lease or the contract as
the case may be.
Section 9. Penalty
for recovery of sum to which an intermediary is hot entitled :-
(1) On and from the date
of vesting, no intermediary shall recover or receive from any tenant or
resident of the estate or from any contractor or lessee or other person any
revenue, rent, cess, sayar grazing fee, royally or other dues which he is not
entitled to recover to receive under the provisions of this Act.
(2) Where any
intermediary recovers any such dues in contravention of sub-section (1), he
shall be liable to pay to the State Government, as penalty, such sum not
exceeding five hundred rupees as the Collector may after making such enquiry as
may be prescribed direct, and the Collector may further direct the fund of the
amount wrongfully recovered to the State Government or other appropriate
person.
(3) All sums recoverable
under sub-section (2) shall be realized as arrears of land revenue.
CHAPTER 3 Assessment of
Compensation
Section 10.
Liability to pay compensation :-
(1) Subject to the other
provisions of this Act, there shall be paid to every intermediary whose rights,
title or interest in any estate are acquired under this Act, such compensation
as shall be determined in accordance with the principles laid down in the
Schedule.
(2) The compensation
payable under this section shall be due as from the date of vesting and shall
carry simple interest at the rate of two and a half percent per annum from the
date upto the date of payment:
Provided that no interest shall be payable on any amount of compensation which
remains unpaid for any default of the intermediary, his agent or his
representative-in-interest.
Section 11.
Maintenance allowance payable from compensation :-
(1) Where under any law
or custom having the force of law a Guzaredar is entitled to receive at the
date of vesting a Guzara out of the income of any estate, he shall be entitled
to receive out of the compensation payable to the intermediary in respect of
the estate such amount as the Compensation Commissioner may having regard to
the matter specified in sub-section (2), determine.
(2) For the purpose of
determining any amount under sub-section (1), the Compensation Commissioner
shall have regard to the following matters, that is to say:-
(a) the amount of Guzara
which the Guzaredar used to receive from the intermediary before the date of
vesting;
(b) the net income of the
intermediary from the estate immediately before the date of vesting;
(c) the net amount of
compensation payable to the intermediary; and
(d) such other matters as
may be prescribed.
[(3) Notwithstanding anything contained in
sub-Sections (1) and (2), the State Government may, in the case of a widow who
is entitled to such Guzara, continue to pay to her out of the consolidated Fund
of the State the whole or any part of the Guzara during her life time even
after the full compensation payable under this Act has been paid to the
intermediary.]
Section 12.
Submission of Statement of Claim :-
(1) Every intermediary
whose estate has been acquired under this Act shall within two months from the
date of vesting, file in the prescribed form, a Statement of Claim for
compensation before the Compensation officer.
(2) Every such Statement
of Claim shall contain the following particulars, namely:-
(i) the description of
the estate and the full name of the intermediary and his place of residence;
(ii) the date or year of
the last Sanad, if any, under which he holds the estate;
(iii) the tenure of the
estate whether, Istimrari, Non-Sanadi Istimrari, Minor Istimarari Jagir, Bhom,
Muafi, Guzara or as proprietor or usufructuary mortgagee;
(iv) the number and names
of villages comprised in the estate together with the particulars of area and
income of each such village on account of rent;
(v) the amount of the
gross income of the estate with details of income from the various sources
specified in the Schedule;
(vi) land revenue, cess,
royalty and other dues which the intermediary pays to the State Government;
(vii) the amount of dues
and debts recoverable from him under clause (e) of sub-section (1) of Section
6;
(viii) the names of
Guzaredars, if any, together with details about the cash annuity or the area of
land enjoyed by each, and the gross income from the said area;
(ix) the names of
co-sharers, if any, in the estate together with the particulars of the share of
each co-sharer;
(x) the names of the
under-proprietors, if any, in the estate together with the area held by each
such under proprietor and the various dues and their amounts which he pays to
the intermediary;
(xi) the names of the
usufructuary mortgagees, if any, in the estate together with the details of the
area mortgaged and the amount of the mortgage money due to the mortgagee;
(xii) such other
particulars as may be prescribed.
(3) The intermediary
shall give a list of the documents on which he relies in support of his
Statement of Claim.
(4) Every such Statement
of Claim shall be signed and verified in the manner provided for the signing
and verification of plaints in the Code of Civil Procedure, 1908 (Act V of
1908).
Section 13.
Determination of compensation and dues and other deductions :-
(1) On receipt of a
Statement of Claim under Section 12, as if no such Statement is received within
the period specified in that section, on the expiry of that period, the
Compensation Officer shall, after such inquiry as he deems necessary, make a report
to the Compensation Commissioner, and the Compensation Commissioner shall after
making such further inquiry as he deems necessary, determine-
(a) the total amount of
compensation payable to an intermediary in accordance with the principles
specified in the Schedule;
(b) the amount
recoverable from the intermediary under clause (e) of sub-section (1) of
Section 6; and
(c) the amount payable
from the compensation to a Guzaredar under Section 11.
(2) A copy of the order
made under sub-section (1) shall be served upon the intermediary and the
Collector.
(3) The Compensation
Commissioner shall after giving the Collector, the intermediary and any other
interested person reasonable opportunity of being heard in the matter, make a
final order.
Section 14.
Communication of final order :-
The Compensation Commissioner shall
communicate as soon as practicable his final order made under sub-section (3)
of Section 13 to the Collector, to the intermediary and to the other interested
persons.
Section 15. Dues
and Deductions from the compensation amount of debts due from the intermediary
:-
The amount recoverable from an intermediary
under clause (e) of sub-section (1) of Section 6 as determined under clause (b)
of sub-section (1) of Section 13 shall be deducted from the total compensation
payable to the intermediary under Section 10.
CHAPTER 4 Payment of
Compensation
Section 16. Payment
of Compensation :-
(1) After the amount of
compensation payable to an intermediary under Section 10 is determined and the
amount specified in clause (e) of sub-section (1) of Section 6 is deducted
therefrom, the balance of the compensation shall be divided into such number of
annual installments not exceeding fifteen as may be prescribed.
(2) The amount determined
under clause (c) of sub-section (1) of Section 13 shall be deducted and paid
annually to the persons entitled thereto, out of the annual installment
referred to in sub-section (1) and the remaining amount of the installment
shall be paid to the intermediary.
(3) Where compensation
under this Act is payable to-
(a) a person whose estate
is under the superintendence of the Court of Wards, the compensation money
shall be paid to the Court of Wards;
(b) a person suffering
from a legal disability and whose estate is not under the superintendence of
the Court of Wards, the compensation money shall be deposited in the Court of
the District Judge and shall be disposed of in accordance with the directions
of that Court;
(c) a person who is a
usufructuary mortgagee of the whole or any part of an estate from another
intermediary mortgagor, the compensation money in respect of the mortgaged
estate shall be paid to such mortgagee to the extent of the amount due to him
on account of the mortgage; and the balance, if any, shall be paid to the
mortgagor;
(d) an evacuee within the
meaning of the Administration of Evacuee Property Act, 1950 (XXXI of 1950),
[the compensation money] shall be paid to the Custodian under the said Act.
(4) The payment of
compensation money to an intermediary and to other persons under sub-Sections
(2) and (3) shall not prejudice the rights to which any other person may be
entitled, by due process of law, to enforce against the person to whom any
amount has been so paid.
Section 17.
Compensation money to be placed at the disposal of a Court or authority :-
Where before any court or authority any suit
or proceeding is pending which directly or indirectly affects or is likely to
affect the right of any person to receive the whole or part of the compensation
determined under the foregoing provisions, the court or disposal may require
the Compensation Commissioner to place at its disposal the amount so payable
and thereupon the same shall be disposed of in accordance with the orders of
such court or authority.
Section 18. Interim
compensation :-
(1) Where the
compensation payable to an intermediary is not finally determined within the
period of six months from the date of vesting, the State Government, shall,
subject to such conditions (including a condition relating to the obtaining of
security or indemnity bond) as may be prescribed, direct the payment to such
intermediary of interim compensation which shall:-
(i) if no deductions are
to be made as directed in Section 15, be equal to one-twelfth of the estimated
amount of the compensation;
(ii) if deductions are to
be made as aforesaid, such amount as may be prescribed.
(2) The interim
compensation payable under this section shall be paid within one year from the
date of vesting and the amount of interim Compensation so paid shall be deemed
to be part of the compensation payable under this Act and shall be adjusted
against the amount of compensation finally determined as payable to the
intermediary under this Act.
Section 19. Payment
of compensation in case of death of an intermediary :-
Where the intermediary who is entitled to
receive any compensation under this Act dies before the full amount of
compensation is paid to him, such amount of compensation as remains outstanding
shall be paid to his legal representatives.
Section 20.
Determination of question of title :-
If during the course of an enquiry by the
Compensation Officer or Commissioner, any question arises in respect of any
right, title or interest in the estate acquired under Section 4, & and such
question has not been decided previously by a competent authority, the
Compensation Commissioner shall, after holding such inquiry as he may deem fit,
decide such question:
Provided that nothing in this section shall
apply to any inquiry into any right title or interest in respect of any
property which is evacuee property within the meaning of the Administration of
Evacuee Property Act, 1950 (XXXI of 1950).
CHAPTER 5 Mines and
Minerals
Section 21. Working
of mines to be governed by this Chapter :-
Notwithstanding anything contained in this
Act, the right to operate or work mines and to extract minerals therefrom
shall, from the date of vesting, be governed by the provisions of this Chapter.
Section 22. Mines
worked by the intermediary :-
(1) With effect from the
date of vesting, all mines comprised in the estate or estates acquired under
this Act as were in operation on the date immediately preceding the said date
and were being worked directly by the intermediary shall, if so desired by him,
be deemed to have been leased by the State Government to the intermediary, and
such intermediary shall be entitled to retain possession of those mines as a
lessee thereof.
(2) The terms and
conditions of the said lease by the State Government shall be such as may be
agreed upon between the State Government and the intermediary or, in default of
agreement, as may be settled by a Mines Tribunal appointed under Section 25:
Provided that all such terms and conditions shall be in accordance with the
provisions of any enactment for the time being in force regulating the grant of
mining leases.
Section 23.
Subsisting leases of mines and minerals :-
(1) Where immediately
before the date of vesting of the estate or estates, there is a subsisting
lease of mines or minerals comprised in the estate or estates or any part
thereof, the whole or the part of the estate or estates comprised in such lease
shall, with effect from the date of vesting, be deemed to have been leased by
the State Government to the holder of the said subsisting lease for the
remainder of the terms of that lease, and such holder shall be entitled to
retain possession of the leasehold property.
(2) The terms and
conditions of the said lease by the State Government shall, mutatis mutandis be
the same as the terms and conditions of the subsisting lease referred to in
sub-section (1):
Provided that nothing in this sub-section
shall be deemed to prevent any modifications being made in the terms and
conditions of the said lease in accordance with the provisions of any enactment
for the time being in force regulating the modification of existing mining
leases.
(3) The holder of any
such lease of mines and minerals as is referred to in sub-section (1) shall not
be entitled to claim any damages from the outgoing intermediary on the ground
that the terms of the lease executed by such intermediary in respect of the
said mines and minerals have become incapable of fulfilment by the operation of
this Act.
Section 24. Buildings
and lands appurtenant to mines :-
Where by virtue of Section 22 or Section 23
any lease of mines and minerals comprised in an estate or estates is deemed to
be given by the State Government, all buildings and lands not included in such
lease, whether comprised in that or any other estate or estates, which vest in
the State Government by operation of this Act, & are in the use and
occupation of the lessee for purposes connected with the working or extraction
of the mines and minerals comprised in the lease, including the lands upon
which any works, machinery, tramways of sidings appertaining to the mines are
situate, shall be deemed to have been leased by the State Government to that
lessee with effect from the date of vesting of the estate or estates, and the
lessee shall be entitled to retain possession of all such buildings and lands
subject to the payment of such fair and equitable ground rent as may be agreed
upon between the State Government and the lessee, or in default of agreement,
as may be fixed by a Mines Tribunal appointed under Section 25.
Section 25. Mines
Tribunal :-
(1) A Mines Tribunal
appointed for purposes of Sections 22 to 24 shall consist of a Chairman who
shall be the District Judge, Ajmer, and a member who shall be a mining expert
to be appointed by the State Government.
(2) In settling the terms
and conditions of a lease by the State Government under Section 22 to 24 the
Mines Tribunal shall have power to determine the extent of the property deemed
to have been leased by the State Government.
(3) The Tribunal shall
follow such procedure as may be prescribed.
(4) If there is a
difference of opinion between the Chairman and the member in regard to any
matter, it shall be referred by the Chairman to the Judicial Commissioner,
Ajmer and the decision of the Judicial Commissioner shall be final.
CHAPTER 6 Management
of Land in Estates Acquired under this Act
Section 26.
Definitions :-
In this Chapter, unless the context otherwise
requires-
(a) "permissible
limit" means an area of fifty standard acres; and
(b) "minimum
area" means an area of eight standard acres.
Section 27.
Application by intermediary for allotment of land for personal cultivation :-
(1) Every intermediary
whose estate has been acquired under this Act shall within six months from the
date of vesting apply to the Sub-Divisional Officer within whose jurisdiction
the estate or a major portion of the land comprising the estate is situate, for
the allotment to him of land for personal cultivation.
(2) An application under
sub-section (1) shall be in such form as may be prescribed and shall contain
the following particulars, namely:-
(a) the description of
the estate;
(b) the date of vesting
of the estate;
(c) the total area of the
estate under cultivation on the date of vesting;
(d) the names of the
co-sharers, Guzaredars and mortgagees, if any, in the estate and the extent of
their interests;
(e) the area of [x x x]
Khudkasht land under the personal cultivation of-
(i) the intermediary on
the date of vesting,
(ii) a tenant for less
than three agricultural years immediately preceding the date of vesting;
(iii) a tenant for three
agricultural years or more immediately preceding the date of vesting;
(f) where the area of [x
x x] khudkasht land under the personal cultivation of the intermediary exceeds
the permissible limit, the particulars of the land not exceeding such limit
which he desires to retain for personal cultivation;
(g) where the area of [x
x x] khudkasht land under the personal cultivation of the intermediary is less
than the minimum area, the particulars of the land which he requires for
personal cultivation to make up the minimum area;
(h) the area of
cultivable waste land available in each village included in the estate;
(i) such other
particulars as may be prescribed.
Section 28. Enquiry
by Sub-Divisional Officer :-
(1) On receipt of an
application under Section 27 the Sub-Divisional Officer shall issue notice to
the applicant and other interested persons, if any, and after giving the
parties an opportunity being heard shall make an enquiry in the prescribed
manner.
(2) After making the
enquiry referred to in sub-section (1), the Sub-Divisional Officer shall,
having regard the provisions of this Chapter, pass an order allotting to the
intermediary such land for personal cultivation as may be specified in the
order.
(3) Where any land is
allotted to an intermediary for personal cultivation under sub-section (2) the
Sub-Divisional Officer shall issue a lease to such intermediary in such form as
may be prescribed in respect of the land so allotted.
Section 29.
Principles for regulating allotment of land to intermediary :-
(1) Every intermediary
shall be allotted all [xxx] khudkasht land which he was cultivating personally
in the previous agricultural year:
Provided that the area of the land so allotted shall not exceed the permissible
limit.
(2) If at the date of
vesting any intermediary has in his personal cultivation an area of [x x x]
khudkasht land exceeding the permissible limit, he shall be entitled to select
out of the total area in his personal cultivation any contiguous area of land,
not exceeding the permissible limit, for being allotted to him, and the area in
excess of the permissible limit shall be surrendered to the State Government:
Provided that where there is no such
contiguous area, the intermediary shall be entitled to select such maximum
compact area, the aggregate of which does not exceed the permissible limit.
(3) Every intermediary
whose estate has been acquired under this Act and who at the date of vesting-
(a) does not hold any
land for personal cultivation; or
(b) holds land for
personal cultivation, whether as [x x x] khudkasht or as a tenancy holding
anywhere in the [Ajmer area] and the total area so held by him is less than the
minimum area; shall be allotted so much area of land for personal cultivation
as-
(i) in a case falling
under clause (a), is equal to the minimum area, and
(ii) in a case falling
under clause (b), is, together with the area allotted under sub-section (1),
equal to the minimum area:
Provided that the area of land allotted to any
intermediary under this subsection shall in no case exceed the area of the
cultivated land in the estate held by him immediately before the date of
vesting:
Provided further that if any land allotted to
an intermediary under this subsection is not cultivated personally by him
within three years of the date of allotment, or ceases to be cultivated
personally by him at any time thereafter, the Collector may, after holding such
enquiry as may be prescribed and after giving the intermediary a reasonable opportunity
of being heard, direct that the land shall be deemed to have reverted to the
State Government, and on any such direction being issued the intermediary shall
hand over possession of the land to the Collector or to such other person as
the Collector may direct.
(4) For the purposes of
sub-section (3), the following categories of land shall be allotted in the
order mentioned below, namely:-
[(i) ? land surrendered by tenants;
(ii) ? land abandoned by tenants;
(iii) ? cultivable unoccupied land within the estate;
(iv) ? land exceeding the minimum area in possession
of a tenant for less than three years on the date of vesting to the extent of
such excess;
(v) ? cultivable unoccupied land not lying within
the estate if in the opinion of the Collector it is not required as pasture
land:]
Provided that where there are two or more
tenants [occupying land referred to in clause (iv)] the land belonging to the
tenant who is in possession for a lesser period on the date of vesting shall be
allotted to the intermediary :
Provided further that where two or more such
tenants have been in possession of any land for the same period, the land to be
allotted to the intermediary shall be taken from each such tenant in proportion
to his holding.
(5) Where any land is
allotted to. an intermediary from the holding of a tenant under this section,
the State Government may grant to such tenant in lieu of the land so taken from
him, other available cultivable land of equal area computed in terms of
standard acres and such land shall be held by the tenant as [Khatedar tenant]
thereof.
Section 30. Tenure
of land allotted to intermediaries for personal cultivation :-
(1) All land allotted to
an intermediary under Section 29, [x x x] shall be held by the intermediary as
"[a khatedar tenant] thereof.
[(2) xxx]
Section 31. Status
of other persons holding land :-
(1) Every person holding
land in any estate who at the date of vesting is entered in the record of
rights as a rent free grantee, a grantee at a favourable rate of rent, an
ex-proprietary, an occupancy or a hereditary tenant, shall as from the said
date hold such land, other than land which has been in possession of a
sub-tenant on the said date for a period of three years or more, as [a khatedar
tenant] thereof.
(2) Every sub-tenant of
land referred to in sub-section (1) shall as from the date of vesting hold such
land as [a khatedar tenant] thereof.
(3) Every tenant of [x x
x] khudkasht land shall, as from the date of vesting, hold such land except [x
x x] the land allotted to an intermediary under sub-section (3) of Section 29,
as [a khatedar tenant] thereof.
(4) All tenants, other
than those mentioned in the foregoing provisions of this section, shall hold
land as [khatedar tenants.]
(5) Every sub-tenant of
occupancy, ex-proprietary or hereditary tenant or every sub-tenant of rent free
grantee or grantees at favourable rate of rent who has been in possession of
land for less than three agricultural years at the date of vesting, shall
continue to hold such land as sub-tenant of his landholder.
Section 32 :-
xxx
Section 33 :-
xxx
Section 34 :-
xxx
Section 35 :-
xxx
Section 36.
Biswedars :-
Every person holding land as a Biswedar in
any Jagir land shall as from the date of vesting hold such land, directly from
the State Government on the same terms and conditions which are applicable to
land held by a Khatedar.
Section 37 :-
xxx
Section 38 :-
xxx
Section 39 :-
xxx
Section 40 :-
xxx
Section 41.
Restoration of possession of land on failure to cultivate land personally :-
(1) Where a [khatedar
tenant] who has taken possession of any land by ejecting any tenant therefrom
on the ground that he requires the land for personal cultivation fails to
cultivate such land personally within one year from the date on which he took
possession thereof or ceases to cultivate such land personally in any year
during the period of five year next following, the tenant may make an
application to the Sub-Divisional Officer for restoration of such land to him.
(2) On receipt of an
application under sub-section (1), the Sub-Divisional Officer after giving to
the [khatedar tenant] concerned an opportunity of being heard and after holding
such enquiry as may deem fit, may restore possession of such land to the
tenant.
Section 42 :-
xxx
Section 43 :-
xxx
Section 44 :-
xxx
Section 45. Saving
:-
Nothing in this Chapter shall apply to, or be
deemed to confer any right or remedy on, any person who after the 15th day of
August, 1947, has acquired possession of any estate or land which is evacuee
property within the meaning of the Administration of Evacuee Property Act, 1950
(XXXI of 1950).
CHAPTER 7
Co-operative Farms
Section 46.
Formation of a Co-operative Farm :-
Any [ten] or more persons holding between
them [khatedar rights] in thirty acres or more in the village and desiring to
start a co-operative farm, may apply in writing to the Registrar appointed
under the Co-operative Societies Act, 1912 (II of 1912), (hereinafter referred
to as the Registrar) for the registration thereof.
Section 47.
Application for registration :-
An application for the registration of a
co-operative farm shall be accompanied by extracts from the record of rights
showing the total area with the recorded numbers of all the fields offered by
each of the applicants in the village and shall contain such further
particulars as may be prescribed.
Section 48.
Registration of the Co-operative Farm :-
(1) The Registrar may, if
he is satisfied after such inquiry as may be prescribed that the application
has been duly made, register the co-operative farm under the Co-operative
Societies Act, 1912 (II of 1912), and grant a certificate of registration.
(2) The Registrar shall
cause a copy of the certificate to be forwarded to the Collector for such
action as may be prescribed.
(3) All persons who
contribute land to a co-operative farm registered under sub-section (1) shall be
deemed to be members thereof.
Section 49. Land
offered by a member to be transferred to the Farm :-
When a co-operative farm has been registered
under Section 48, all [khatedari land] in the village offered by a member
shall, for so long as the registration of the co-operative farm is not
cancelled, be deemed to be transferred to and held by the co-operative farm
which shall thereupon hold such land in accordance with the provisions of this
Chapter, and may, notwithstanding anything contained in this Act, use it for
any purpose connected with agriculture, horticulture or animal husbandry which
includes pisciculture and poultry farming.
Section 50.
Formation of a Co-operative Farm of uneconomic holdings :-
Not less than two-thirds of the total number of
persons other than those who have applied under Section 47 holding [khatedari
rights] in uneconomic holdings in a village and holding between them not less
than two-thirds of the aggregate area comprised in all uneconomic holdings in
the village may apply jointly to the Collector that a co-operative farm be
established, and on such application the Collector may, by notice, require all
the [khatedar tenants] of the remainder of uneconomic holdings in the village
to show cause why a co-operative farm comprised of all the land included in all
the uneconomic holdings in the village be not established and constituted.
Section 51.
Disposal of objections and service of the order :-
(1) The Collector shall
hear the objection or objections of the holders of uneconomic holdings who may
desire to be heard, and after hearing them he shall, unless he is satisfied
that it is not in the best interests of the persons affected, order that a
co-operative farm consisting of all the land comprised in all the uneconomic holdings
in the village be established.
(2) Notice of an order
passed directing a co-operative farm to the established shall be served on
every person affected and shall also be proclaimed in the village in the
prescribed manner.
Section 52.
Registration of the Co-operative Farm of un-economic holdings :-
(1) The Collector shall
cause a copy of the order passed under Section 51 directing that a co-operative
farm be established to be forwarded to the Registrar, who may thereupon
register the farm under the Co-operative Societies Act, 1912 (II of 1912) and
if he agrees to do so, shall grant a certificate of registration.
(2) The Registrar shall
cause a copy of the certificate to be forwarded to the Collector for such
action as may be prescribed.
(3) All persons whose
holdings are included in the co-operative farm registered under sub-section (1)
shall be deemed to be members thereof.
Section 53. Land in
the un-economic holdings to be transferred to the Farm :-
When a co-operative farm has been registered
under Section 52 all land comprised in the un-economic holdings held by any
[Khatedar tenant] or a sub-tenant under him shall, for so long as the
registration of the co-operative farm is hot cancelled, be deemed to be
transferred to and held by the co-operative farm which shall thereupon hold
such land in accordance with the provisions of this Chapter and may,
notwithstanding anything contained in this Act, use it for any purpose
mentioned in Section 49.
Section 54.
Consequences of Registration :-
When a certificate of registration in respect
of any co-operative farm has been granted under Section 48 or 52 the provisions
of the Co-operative Societies Act, 1912 (11 of 1912), shall in so far as they
are not inconsistent with the provisions of this Act or rules made thereunder,
be applicable thereto.
Section 55.
Bye-laws of the Farm :-
Every application submitted under Section 47
or 50 shall be accompanied by a copy of the proposed bye-laws of the
co-operative farm and such bye-laws shall be deemed to be the bye-laws required
to be filled under sub-section (3) of Section 8 of the Co-operative Societies
Act, 1912 (II of 1912).
Section 56. Land
contribution to the Farms to continue to vest in Bhuswamis thereof :-
Nothing in this Chapter shall be construed to
mean that the interest of a Bhuswami in the land contributed to the
co-operative farm by or on his behalf has ceased to vest in him.
Section 57.
Disposition of land contributed to the Farm :-
(1) No member of a
co-operative farm shall, except as provided in sub-section (2), be entitled to
make any disposition of any land contributed by him to the farm.
(2) Every member of a
co-operative farm, who is [a khatedar tenant] of any land contributed by him to
the co-operative farm may make a testamentary disposition of such land, and
with the permission of the co-operative farm, any other disposition. Such
permission shall not be withheld if the transferee is willing to join the farm.
Section 58. Rights,
privileges, obligations and liabilities of members :-
Every member of a co-operative farm shall be
entitled to such rights and privileges, be subject to such obligations and
liabilities, and be bound to discharge such duties as may be conferred or
imposed upon him by or under this Act.
Section 59.
Liability on the Farm to pay land revenue and other dues :-
The cooperative farm, shall, as from the date
it is constituted, be liable for the payment of all the land revenue, cesses,
local rates or rent payable by the [Khatedar tenants] in respect of the land
held by it under Section 49 or 53.
Section 60.
Admission of new members or heirs :-
(1) Any person, who is a
resident of the village where the co-operative farm is situate or who intends
to settle down in the village or who cultivates land therein, may be admitted
as a member thereof upon such terms and conditions as may be laid down in the
bye-laws of the farm.
(2) When a member whose
land is held by a co-operative farm, dies, his heirs shall be deemed to become
members of the co-operative farm.
Section 61. Termination
of tenancy in certain cases :-
Notwithstanding any provisions in this or any
other Act to the contrary, where the land which is transferred or is deemed to
be transferred to a co-operative farm under Section 49 or 53, is under
cultivation of a tenant, the tenancy shall be deemed to have terminated on the
date of the registration of such farm.
Section 62.
Concessions and facilities for the Co-operative Farm :-
(1) A cooperative farm
shall be entitled to such concessions and facilities as may be prescribed.
(2) Without prejudice to
the generality of the foregoing provision, the concessions and facilities may
include-
(a) reduction of land
revenue,
(b) reduction of or
exemption from any tax on agriculture,
(c) free technical advice
from experts employed by the Government on farming and use of mechanical aids,
(d) financial aid and
grant of subsidy loans with or without interest, including loans for purchase
of agricultural machinery and other implements,
(e) admission to land by
the State,
(f) priority in
irrigation from State irrigation works, and
(g) priority in
consolidation proceedings.
CHAPTER 8
Miscellaneous
Section 63.
Appointment of the officers and authorities under this Act :-
The State Government may, by notification in
the Official Gazette, for the purposes of this Act appoint-
(a) a Compensation
Commissioner, and
(b) one or more
Compensation Officers as may be necessary.
Section 64. Powers
and duties of Compensation Commissioner and Officers :-
(1) The Compensation
Commissioner shall perform such duties and exercise such powers of supervision
and superintendence over the work of the Compensation Officers as may be
prescribed.
(2) The Compensation
Officer shall exercise the powers and perform the duties conferred or imposed
upon them by or under this Act or the rules framed thereunder.
Section 65. Entries
in record of rights conclusive :-
Every entry in the record of rights shall for
the purposes of this Act, be presumed or be correct:
Provided that any modification, alteration or
correction made in the record of rights, whether before or after the date of
vesting under the provisions of the Ajmer Tenancy and Land Records Act, 1950
(XLII of 1950), or as a consequence of any decree or order of any court, shall
be taken into account by the Compensation Officer.
Section 66. Appeals
:-
(1) Any person aggrieved
by an order of a Sub-Divisional Officer under this Act may, within thirty days
from the date of communication of such order to him, appeal to the Collector,
whose decision thereon shall be final.
(2) Any person aggrieved
by an order of the Collector under this Act, not being an order made in appeal
under sub-section (1) may within thirty days from the date of the communication
of such order to him, appeal to the Chief Commissioner, whose decision thereon
shall be final.
(3) The State Government
or any person aggrieved by an order of the Compensation Commissioner under this
Act may, within ninety days from the date of communication of such order,
appeal to the Judicial Commissioner, Ajmer, whose decision thereon shall be
final.
(4) The provisions of
Sections 5 and 12 of the Indian Limitation Act, 1908 (IX of 1908), shall apply
to appeals under this section.
Section 67. Court
fees :-
(1) The court fee payable
on a memorandum of appeal to the Collector under sub-section (1) of Section 66
shall be one rupee.
(2) The court fee payable
on a memorandum of appeal to the Chief Commissioner under sub-section (2) of
Section 66 shall be five rupees.
(3) The court fee payable
on a memorandum of appeal to the Judicial Commissioner under sub-section (3) of
Section 66 shall be five rupees.
Section 68.
Delegation of power :-
The State Government may, subject to such
restrictions and conditions as it may impose, by notification in the official
Gazette, delegate to any officer or authority subordinate to it, any of the
powers conferred on it by this Act.
Section 69.
Officers holding enquiries to have powers of civil courts :-
Any officer or authority holding an enquiry
or hearing an appeal under this Act shall have the powers of a civil court
under the Code of Civil Procedure, 1908 (Act V of 1908), relating to:-
(a) proof of facts
affidavits;
(b) enforcing attendance
of any person and his examination on oath;
(c) production of
documents;
(d) issuing of
commissions;
and every such officer or authority shall be
deemed to be a civil court within the meaning of Sections 480 and 482 of the
Code of Criminal Procedure, 1898 (Act V of 1898).
Section 70. Power
to enter upon land and to make survey :-
Subject to any rules made under this Act in
this behalf, any officer or authority holding an inquiry under this Act may,
for the purpose of carrying out the provisions of this Act-
(a) enter at any time
upon the estate land along with such public servants as he may consider
necessary;
(b) make a survey or take
measurement or do any other act on any estate land.
Section 71.
Proceedings under the Act to be judicial proceedings :-
A proceeding before any officer or authority
under this Act shall be deemed to be a judicial proceeding within the meaning
of Sections 193 and 228 of the Indian Penal Code, 1860 (Act XLV of 1860).
Section 72. Persons
acting under the Act to be public servants :-
All officers and persons acting under or in
pursuance of the provisions of this Act or the rules made thereunder shall be
deemed to be public servants within the meaning of Section 21 of the Indian
Penal Code, 1860 (Act XLV of 1860).
Section 73. Costs
:-
Any order for the payment of costs, made by
any officer or authority under this Act, may be enforced in the same manner as
if it were a decree for the payment of money passed by a competent revenue
court.
Section 74. Mode of
service of notice :-
Any notice or other document required to be
served by or under this Act may be served-
(a) by delivering or tendering
it to the person on whom it is to be served, or
(b) by sending it in a
registered letter addressed to that person at his usual or last known place of
abode, or
(c) by delivering it to
any male member of the family of such person or by affixing it, to some
conspicuous part of the premises, where such person is known to have last
resided or carried on business or personally worked for gain: or
(d) in such other manner
as may be prescribed.
Section 75. Right
to inspection and copies of documents, statements and registers :-
All documents, statements and registers
maintained under this Act or the rules made thereunder shall be open to
inspection during such hours and subject to such conditions and payment of
fees, if any, as may be prescribed and any person shall, on payment of such
fees as may be prescribed be entitled to be furnished with a copy of the whole
or any portion of such document, statement or register subject to such
exceptions or restrictions as may be prescribed.
Section 76.
Decision on question regarding forests :-
If any question arises whether any estate
land is a bir or a forest or is situated in a bir or forest, or as to the
limits of a bir or forest, it shall be determined by the Collector in such
manner as may be prescribed.
Section 77. Estates
or tenures under the management of the Court of Wards :-
Notwithstanding anything to the contrary in
any law, the provisions of this Act shall apply to any estate or part thereof
which is under the management of the Court of Wards or the State Government
under any law for the time being in force in the same manner as they would
apply to any estate not under such management.
Section 77A.
Employees of intermediaries to be employed by Government :-
(1) Subject to any rules
made under this Act, any person employed by an intermediary in connection with
the management of his estate which has vested in the State shall, so far as may
be practicable, be employed by the State Government.
(2) If the State
Government is satisfied after making such inquiry may be prescribed that an
intermediary was, at the date of the vesting of his estate in the State liable
to pay any pension to any such employee out of the income of his estate, the
State Government may pay, subject to any rules made under this Act, such pension
or any part thereof as it may deem fit from out of the Consolidated Fund of the
State.]
Section 78. Bar of
jurisdiction of civil Court :-
(1) Save as otherwise
provided in this Act, no Civil or Revenue Court shall have jurisdiction to
settle, decide, or deal with any question which is, by or under this Act,
required to be settled, decided or dealt with by the State Government, the
Sub-Divisional Officer, the Collector, the Compensation Officer or the
Compensation Commissioner.
(2) Except as otherwise
provided in this Act, no order of the State Government, a Sub-Divisional
Officer, the Collector, a Compensation officer or the Compensation Commissioner
under this Act shall be called in question in any Court.
Section 79.
Protection of action taken under the Act :-
(1) No suit, prosecution
or other legal proceeding shall lie against any person for anything which is in
good faith done, or intended to be done, in pursuance of this Act, or any rules
made thereunder.
(2) No suit, or other
legal proceeding shall lie against the State Government, for any damage caused,
or likely to be caused, or any injury suffered or likely to be suffered by
virtue of any provisions of this Act or by anything in good faith done or
intended to be done, under or in pursuance of this Act, or any rules made
thereunder.
Section 80.
Punishment for false statements :-
Any person who makes any statement in an
application signed and verified by him under this Act which is false or which
he either knows or has reason to believe to be false or does not believe to be
true, shall be punishable with imprisonment for a term which may extend to two
years or with fine which may extend to one thousand rupees or with both.
Section 81. Review
:-
The Chief Commissioner, the Judicial
Commissioner or the Compensation Commissioner, may, either on his own motion or
on application made, within such time as may be prescribed, by any interested
party, review an order passed by himself or his predecessor in office and pass
such order in relation thereto as he thinks fit.
Section 82. Sums to
be payable out of the Consolidated Fund of the State :-
Compensation payable under this Act shall be
a charge on and be payable out of the Consolidated Fund of the State.
Section 83. State
Government to be a party in the proceedings under Chapters III and IV. :-
(1) The State Government
shall be and be deemed to be a party in every proceeding before the
Compensation Officer or Commissioner under Chapters III and IV and every notice
to be served or intended to be served, on the State Government may be served on
the Collector.
(2) Notwithstanding
anything contained in the said Chapters or Section 64 or 66 the period of
limitation for filing, of any appeal by or on behalf of the State Government
shall be ninety days from the date of the order appealed against.
Section 84. Powers
to make rules :-
(1) The State Government
may make rules for the purpose of carrying out the provisions of this Act.
(2) Without prejudice to
the generality of the foregoing power, such rules may provide for-
(a) the disposal of suits
and proceedings relating to estates acquired under this Act pending in any
Court and stayed under the Act;
(b) the conditions or
restrictions subject to which the control or management or both of a common
land may be transferred to a Panchayat under sub-section (2) of Section 6;
(c) the procedure for the
cancellation of leases and contracts under Section 8;
(d) the form and the
manner in which the Statement of Claim shall be filed by an intermediary under
Section 12 and the particulars it should contain;
(e) the number of
instalments and the manner in which the compensation shall be paid under this
Act;
(f) the procedure to be
followed in depositing the amount of compensation money with a bank or other
authority under this Act;
(g) the procedure to be
followed in placing the amount of compensation money at the disposal of the
Court or other authority under this Act;
(h) the conditions
subject to which interim compensation may be given;
(i) the mode of service
of any notice or document to be served under this Act;
(j) the procedure for
deciding questions regarding birs and forests under this Act;
(k) the manner and the
form in which offer of sale may be made under Section 34;
[(kk) the terms and
conditions for employment in Government Service and the payment of pension to
employees of intermediaries under Section 77A;]
(l) any other matter
which is to be or may be prescribed.
SCHEDULE 1
Schedule
|
The Schedule
|
|
|
|
[See Section 10]
|
The Schedule
[See Section 10]
1.
Every
intermediary to be treated as a separate unit. -
For purposes of assessment
of compensation under this Act, every intermediary shall be treated as a
separate unit:
Provided that, in the case
of a joint Hindu family,
(a)
a
father with his male lineal descendents in the male line of descent shall be
deemed to be one unit where the father was alive on the date of vesting;
(b)
except
as provided under clause (a) every other member of a joint Hindu family shall
be treated as a separate unit.
Explanation. -
Notwithstanding any partition made on or after the 1st day of June, 1952, a
family shall be deemed to be joint.
2.
Basic
year.
The expression "basic
year" means the agricultural year immediately preceding the agricultural
year in which the date of the vesting falls.
3.
Calculation
of gross income The gross income of an intermediary shall be the total income
from his estate under the following heads-
(a)
revenue
or rents including cesses and local rates payable [to the intermediary] for the
basic year by or on behalf of the under proprietor, [Biswedar] tenants of all
classes, grantees of a favourable rate of rent, sub-tenants or grove holders
[as the case may be;]
(i)
in
cash; or
(ii)
where
the rent is payable in kind or partly in cash and partly in kind, the valuation
at the sanctioned appropriate village rates fixed by the Rent-Rate Officer
immediately preceding the date of vesting;
(iii)
where
revenue or rent payable has not been determined, the revenue or rent determined
at the village rates fixed by the Rent-Rate Officer and sanctioned by the State
Government immediately preceding the date of vesting;
[(iv) where rent-rates have
been determined, the valuation at rates to be determined in such manner as
maybe prescribed,
(v) ? where revenue is payable in kind or partly in cash and partly in
kind the valuation thereof to be determined at rates equal to the Rent-Rate
Officer immediately preceding the date of vesting.]
[(b) the valuation at-
(i)
ex-proprietary
rate of rent of [x x x] Khudkasht or grove land of the intermediary allotted to
him under Section 29, and
(ii)
hereditary
rate of rent of the remaining [x x x] Khudkasht or grove land of the
intermediary.
Explanation. - The rent
rates sanctioned immediately preceding the date of vesting shall be deemed to
be applicable for the basic year for the purpose of the Schedule.]
(c) ? sayar including income from ground rent for house sites, waste
lands, huts, bazars, quarries, fisheries, zirs, mines, irrigation fees from
private tanks and grazing fees, calculated on the basis of an average of twelve
agricultural years immediately preceding the date of vesting;
(d) ? income from forests calculated on the basis of an average of twenty
agricultural years immediately preceding the date of vesting.
4.
Calculation
of net income The net income of an intermediary shall be calculated by
deducting from his gross income-
(a)
any
sum which was payable by him in the basic year to the State Government or, in
the case of an under-proprietor, to the Istimrardar or Jagirdar on account of
land revenue, quit rent, rent, cesses, local rates, or any other customary dues
in respect of the estate acquired under this Act;
(b)
an
amount in lieu of the cost of management and the irrecoverable arrears of rent
together equivalent to twenty percent of the total gross income calculated
under paragraph 3:
Provided that subject to
such marginal adjustments as may be prescribed, no such amount under this
clause shall be deducted when the total gross income calculated under paragraph
3 does not exceed two thousand rupees;
(c)
income-tax
payable on the income from mines and forests.
5.
The
amount of compensation to an intermediary shall be payable at the following
scale:
|
No.
|
Net annual income
|
Amount of compensation payable
|
|
1
|
On
the first Rs.250/-or less of net income.
|
Sixteen
times of such net income.
|
|
2
|
On
the next Rs.250/- or less of net income.
|
Fifteen
times of Such net income.
|
|
3
|
On
the next Rs.500/- or less of net income.
|
Fourteen
times of such net income.
|
|
4
|
On
the next Rs. 1000/- or less of net income.
|
Thirteen
times of such net income.
|
|
5
|
On
the next Rs. 3,000/- or less of net income.
|
Twelve
times of such net income.
|
|
6
|
On
the next Rs. 5,000/- or less of net income.
|
Ten
times of such net income.
|
|
7
|
On
the next Rs. 20,000/- or less of net income.
|
Eight
times of such net income.
|
|
8
|
For
the balance of the net income.
|
Six
times of such net income.
|
6.
Payment
of annuity to religious or charitable institutions. -
(1)
Notwithstanding
anything contained in the Act, where in the opinion of the Compensation
Commissioner, the net income or any portion of the net income in respect of an
estate held under trust or other legal obligation, including Waqf or endowment,
has been dedicated before the date of vesting, exclusively to charitable or
religious purposes without any reservation of pecuniary benefit to any
individual, the compensation payable in respect of such income or portion
thereof shall be determined as perpetual annuity equal to such net income or
portion thereof as may be determined according to the provisions of the Act.
(2)
The
annuity shall be payable in cash in one instalment.]
(3)
If
such annuity is not determined within a period of one year of the date of the
vesting, the State Government shall make such interim payments as may be
prescribed.
Explanation. - If the
salary, remuneration or any allowance payable to the Mutwali or a Waqf or the
Shebait of a Hindu temple or a trustee of any other-charitable or religious trust
or Sajjadanashin in case of Dargah Khawaja Sahib does not exceed 15 percent of
the net income, then such income shall be deemed to be dedicated exclusively to
charitable or religious purposes for the purposes of assessing the net income
as a perpetual annuity.