GUJARAT LAND REVENUE RULES, 1972

PREAMBLE

In exercise of the powers conferred by sections 213 and 214 of the Bombay Land Revenue Code, 1979 (Bom. V of 1879) and of all other powers enabling him in this behalf, and in supersession of Government Notifications in the Revenue Department No. 7368, dated the 6th December 1881, No. 8356, dated the 27th November 1903, No. 5223, dated the 28th June 1905, and No. 5641 dated the 5th June 1907, and all notifications amending the same, the Governor in Council is pleased to make the following rules:-

CHAPTER I INTRODUCTORY

Rule - 1. Short title and extent.

(1)     [These rules may be called the Gujarat Land Revenue Rules, 1972.

(2)     They shall extend to the whole of the State of Gujarat].

Rule - 2. Interpretation.

In these rules, unless there is anything repugnant in the subject or context.

(a)      "Chapter" and "Section" mean a chapter and a section of that Code.

(b)      "Mamlatdar" includes Mahalkari.

(c)      "Public Document" has the same meaning as in section 74 of the Indian Evidence Act, 1 of 1872.

CHAPTER II (ADMINISTRATIVE ORDERS ONLY) POWERS AND DUTIES OF OFFICERS

I.    The general superintendence of the administration of the Code is entrusted to the Collector. Except for the powers expressly reserved by the Code to Government, the Collector can exercise all other powers. He sanctions the grant of revised or renewed Sanads for land or Cash' allowances [R. 4941 (10)-02 modified by R. 389/49, dated 3rd August, 1950]. The Settlement Commissioner and Director of Land Records sanctions alterations in Sanads for alluvion or Diluvion [R. 8885 (13)-10, modified by R 389/49, dated 3rd August, 1950]. The functions of Commissioner of Survey (Sec. 18 Etc.) are vested in the Settlement Commissioner and Director of Land Records (R. 5370-01); and those of Superintendent of Survey and (Assistant) Settlement Officer are conferred on officers from time to time as required by notification (see paragraph 12, Government Selections, CCXXVII, new series). The Divisional Officers can revise the limits of sub-divisions of (Rs. No. R.V.A. 1556-R, 1st November, 1956).

II.    Remissions.-Power to reduce the sanctioned assessment either on account of deterioration of the soil or misjudgment in the classification to annual assessment of Rs. 20 has been delegated to the Settlement Commissioner the Director of Land Records (Rs. 1788-40 and 8046-08 modified by R. 389/49 dt. 2nd August. 1950) and power to reduce the sanctioned assessment modified by R. 389/49, dated 3rd August 1950 on account of sub-division of survey numbers (R. 1698-10) is reserved by Government, subject to the delegations to the Director of Land Records in R. 524, 4972-14 and 787-16, which cover all reductions due to clerical and arithmetical mistakes without limit of amount. The Settlement Commissioner and Director of Land Records is delegated the power to reduce Himayat assessment upto limit of Rs. 50 (R. 9718-28 of 23rd February, 1933) in the case of each individual khatedar.

The Collector of Ratangiri is given power to reduce assessment in Salt lands (R. 106/24 of 14th April, 1924). No officer has been empowered to reduce non-agricultural rates once fixed or imposed (R. 476-03); but Rules 81(2), 81(3) and (with the previous sanction of Government) R. 82(iv) give the Collector discretion in first fixing the rates. Collectors of Kaira and Thana are given power to remit assessment on account of damage to land by water logging [R. 9608/28 of 2nd May, 1938]. So also, power is delegated to the Collectors of Nasik (R. 9608/28 of 7th April, 1933). Belgaum (R. 960/28 of 10th May, 1933)' Ahmednagar (R. 9608/28 of 1st December, 1932 and 29th November (1936) Poona (R. 8968 of 3rd November, 1905 and (19608/28 of 1st December, 1932) and Surat (R. 3044 of 6th May 1902 and 9608/28 of 2nd May 1933) to grant remission of land revenue on account of damage to land by water-logging. The Collectors of the Coastal districts viz., Ahmedabad, Kaira, Broach, Panchmahals, Surat, Thana, Bombay Suburban District, Kolaba, Ratnagiri and Kanara, are authorised to grant where necessary remission of land revenue up to Rs. 500 when land is damaged by Salt water. (The limit of granting remission of land revenue upto Rs. 500 should be made applicable to the aggregate cases of one village and not to the case of an individual Khatedar).

The Divisional Officers are delegated the power to sanction a reduction of assessment consequent upon the reclassification of agricultural land upto Rs. 200 per annum when reclassification operations are confined to a single village and to Rs. 400 per annum when they extend to more than one village in a taluka, subject to the condition that when reclassification extends not to individual survey numbers but to considerable parts of a village, the orders of Government should be obtained (Rs. 8,798-28 of 2nd May, 1932 and 13th March, 1933, modified by R. 389/49 of 3rd August, 1950 and R.V.A. 1556-R of 1st November, 1956).

The Code confers no power expressly to remit land revenue but the power to impose implies also the power to remit, and is reserved to Government exception so far as they formally delegate it. The orders empowering the Collector to remit and suspend ordinary agricultural land revenue are given in Chapter XVI. All Collectors are hereby authorised to grant remissions of miscellaneous land revenue upto Rs. 500 and Divisional Officers up to Rs. 1,000 in individual cases in relief of local calamities of the nature referred to in Administrative Order No. XXXVII (R. 389/59, dated 3rd August, 1950 and RVA-1556 R. dated 1st November, 1956). Judi on Inam land exceeding Rs. 100 (R. 6862-83 modified by R. 389/49, dated 3rd August 1950) and upto Rs. 250 can be remitted only by the Divisional Commissioner (R. No. RVA-1556-R, dated 1st November, 1956).

The Collector can remit quarry fees when stone, etc. is wanted for religious or charitable purposes [R. 5295 (115)-11]. He also can remit the assessment on land assigned or acquired for a public purpose (R. 9193-11), but this is only a natural consequence from the assignment or acquisition: He can also remit sale expenses under section 183 [R. 6575-00 and 5295 (81)-11]. He can remit grazing fees under the pass system (R. 9084-06 modified by R. 389/49 of 3rd August, 1950) and also make grants of timber for certain prescribed objects from non-forest waste land upto Rs. 500 (R. 8811-07 modified by R. 389/49, dated 3rd August, 1950).

The Collector may remit fines under section 61 [R. 4347 (21)-02] and the imposing officer (Collector, Assistant or even Mamlatdar) may remit fines under section 148 (chauthai) (R. 2485-83)].

III.  While the Code gives almost all executive powers in the first place to the Collector (who signs sanads for most alienation. H. 7119-H of 27th September, 1929) it reserves a few to the Government. The Collector fixes irrigation rates under section 55 within the maximum sanctioned by Government [R. 4347 (5)-02]. The Collector hears appeals from Survey Officers below the grade of Superintendent of Survey under section 37(2)(R. 6884-15), and read with section 203, this also gives him appellate power in respect of section 50-A District Municipal Act. The Collector can make reductions for dilution (R. 1369-16) and may postpone instalments under R. 8046(7)-08 and R. 389-49 of 3rd August, 1950. He may transfer Government land to other departments [R. 4347 (19)-02] arid make all assignments under section 38 (Act IV of 1905). The Collector may permit the sale of new tenure land held by members of non-backward classes to members of backward classes who cultivate them personally.

Government is pleased to authorise Collectors to accept surrenders of land relinquished to the Revenue Department by other departments of the Provincial Government. For signing deeds see also Order VI.

IV.   The Collector can make all appointments to sanction posts on the district staff, except Mamlatdars and Head Accountants: and he may in certain cases create and make full temporary appointment. The most important of these cases is in respect of the staff of Circle Inspectors, persons and labourers for partition and sub-division measurement work and for repairing boundary marks when the cost is recoverable from the parties (R. 737-00, 6067-07, 6557-11, 9545-11).

V.    The Collector can write off amounts of irrecoverable revenue of all kinds not exceeding Rs. 100 in each case without reference to higher authority [R. 6862-83, 1714-04 and 11221 (27)-12], and can provide no defect of system or procedure requiring Government orders as disclosed and there has been no serious negligence which might require disciplinary action [F. 4653 (8)-08], write off irrecoverable dues upto Rs. 500 for boundary mark repairs (section 122-3; R. 11289-10 and R. 5295 (60-61) 11 modified by R. 389-49 of 3rd August 1950] and all kinds of revenue and tagai (R. 1704-04); and unserviceable dead stock to any amount sending an annual statement 10 the Accountant General R. 3116-61 and R. 5941-02).

Irrigation arrears (though not land revenue can be written off with the consent of the Executive Engineer (PWA-1, 39-40).

VI.   Generally speaking all powers of the Collector under the Land Revenue Code or any other law are also exercised under section 10 by the Assistant or Deputy Collector in respect of the talukas in his charge (5) (R. 5941-02). But the Collector may always reserve any power he thinks fit. In particular, Government have directed that powers under rule 82 (we should now understand 81 and 82) should not ordinarily be delegated (R. 3459-08). There should be no "unnecessary" reservation CR. 7048-03). The power of arrest is to be exercised only when specially delegated (R. 1743-83). The Assistant or Deputy Collector has certain powers of executing contracts and lease under Home Department Resolution No. 7119-11 of 27th September 1929 and sanads for tree planting in open sites in villages. He may fine watani village revenue officers (R. 10431-12).

VII.  Finally the Code provides that Mamlatdar should exercise such powers as the Collector may delegate to him 'under the general or special orders of the State Government'. Such delegation may be made by designation in virtue of the office held. But in cases where the powers are required to be delegated to selected officers only, the delegation should be made by name and not merely by virtue of the office held (R. 7713-13, 239-14). It is desirable that a printed form should be used by the Collector as follows:-

To

The Mamlatdar of.........taluka.

[Insert name before the designation in cases in which the powers are required to be delegated by name].

You are hereby authorised to exercise the following powers:-

[Here print the powers detailed below]

The powers which may be reserved by the Collector under the Bombay Land Revenue Code and Rules are these-

VIII.  The powers which may be delegated are these:-

[The Collector should strike out whatever powers he elects to reserve.]

Collector of.................

Collector's power which should be delegated to the Mamlatdar (G.R., R.D. No. 3563-49 dated. 26th October 1950) are-

(1)     To give Government trees free of charge for Government or public purpose, whenever it is found necessary, up to an estimated cost of Rs. 10 in each case and Rs. 100 within a year in all;

(2)     Prevention of reaping of crops or the removal thereof in order to secure the land revenue;

(3)     To effect expenditure up to Rs. 41 for repairing Government boundary marks (pillars);

(4)     To sanction and extend the relief upto Rs. 200 in each case, such as fire, floods etc. (The Mamlatdar should report to the Prant Officer and the Collectors).

Prant Officer's powers which should be delegated to the Mamlatdars are (G.R., R.D., No. 3563-47, dated 16th October 1950)-

(1)     To accept rajinama of lands washed off by river and to correct village records;

(2)     To cut obstructive Government trees up to the estimated cost of Rs. 100;

(3)     To effect mutation in land in cases of absconding landholders or heirless dead khatedars on the name of actual occupant;

Under other laws and rules powers have been given to Mamlatdars:-

(1)     to enter the heirs of Summary Settlement Class II unstarted (Inams);

(2)     to appoint, give leave, and determine heirs of inferior village servants (F. 595-67);

(3)     to permit cutting of trees in uncommuted service lands [R. 5295 (22) 11].

IX.   In issuing his delegation order to the Mamlatdar, the Collector can reserve any power he thinks fit, which will then be exercised only by the Prant Officer. In delegating to a Mahalkari, he will probably reserve more powers, and he will also specify whether the Mahalkari is to be considered the immediate subordinate of the Mamlatdar or of the Assistant Collector for the purposes of section 203 (appeals, etc.). The Collector can also appoint a Mahalkari and assign certain powers to him without specifying the local limits of his mahal (R. 6824-14), but the necessity of such appointment shall be reported to Government (Sec. 13). In such a case he will be practically a Deputy Mamlatdar within the taluka, exercising such power as may be given to him; and he will not be "below the rank of an Aval Karkun" for the purposes of the Record of Rights. The Collectors are authorised to delegate to the Special Recovery Officers the powers under section 181, Land Revenue Code. (G.R.R.D., No. 3482/28, dated 21st December 1936).

Survey Mamlatdars are appointed by the Commissioner of Survey (R. 113-6); but their powers are those of revenue officers under Chapter XA (Record of Rights), not of survey officers under section 18.

The D.I.L.R. is a revenue officer (R. 1327-02) and can issue summonses for evidence or documents, but the Superintendent is a survey officer. The D.I.L.R. has power to order measurement on the application of parties and to levy fees for it (R. 1318-20). Both S.L.R. and D.I.L.R. can levy fees under section 135-E (R. 1457-21).

X.    An extra Aval Karkun has power to try Assistance (Sec. 86) R. 8616-91) and possessory suits (under sec. 3 of the Mamlatdar's Courts Act) (R. 72-00, 8269/06). Power of Collector under sec. 154. Land Revenue Code, can be delegated to an Extra Aval Karkun either by name or by designation. But an Extra Aval Karkun is not a Mamlatdar or a Mahalkari within the meaning of sec. 12 or sec. 13 of the Land Revenue Code. The powers of a Collector under sec. 156 cannot be delegated to him. (R. 6315-28-10th November 1930).

XI.  The powers of a Mamlatdar's First or Aval Karkun are regulated by section 14. He has been specially given power to sign notices of demand under section 152 and may remit the fees if wrongly charged [R. 5295 (72) and (73)-11) and to receive Rajinamas under section 74 (R. 1743-89, 7428-05). He can also levy fees to a maximum of Rs. 15 in each case under section 135 (F) (R. 7623 of 9th April 1924 and 13th April 1934). An Aval Karkun can exercise in the absence of the Mamlatdar any powers specially given by the rule (1) to Mamlatdars [see Rule 54, 67-69:74(2), 96, 108 and 138). A substitute appointed under section 15 can now exercise powers under the Mamlatdar's Courts Act by section 3 as amended by Act II of 1906 (ILR 25 Bom. 318,36 Bom. 277). R. 8507-07 gave the Aval Karkun power to try rent suits upto a limit of Rs. 50 which is now raised to Rs. 100 by R. 208-21. The Collector may also delegate the power to selected Treasury Head Karkuns R. (LC) 541 of 22nd November 1923 C.R., R.D., No. 5940-51, dated 8th May 1953, authorises Extra Aval Karkuns and Circle Officers to conclude auction sales of Government produce under rule 64(1), provided the value does not exceed Rs. 50 and the upset price is previously fixed by the Mamlatdar, and the value realised is not less than the upset price.

XII.  (1) All revenue officers mentioned below shall, before entering upon their office, furnish security of the amounts respectively shown against them or to such smaller amounts as the Collector may in any particular case deem reasonable and sufficient, either by deposit of Government paper duly endorsed accompanied by a power to sell or in the form contained in Schedule A to these rules-

Provided that the Collector may, in the case of First Karkuns to Mamlatdars [item (3)] and Karkuns employed in the Treasury Office [item (15)] raise the amount of security to such amount not exceeding five thousand rupees as he may think fit and in a special case exempt any of the officers mentioned in item (17) from furnishing any security.

(2) The Collector or the Superintendent of Land Records may, at any time after security has been given by a revenue officer subordinate to him, if it appears to him that the security taken is unsatisfactory or if the officer is transferred to an office for which larger security is required, or for other sufficient reason, demand fresh or additional security and in case of the officer failing to give such security within one month after its being required of him may suspend or dismiss him:

Provided always that no greater security shall be demanded that is required of him under rule 1.

(3) When a revenue officer executes a bond under rule 1 the number of-his securities shall be one or more at his option where the amount or security to be furnished by him does not exceed one thousand rupees and in any other case shall not be less than two.

(4) A Government servant serving in one Department of the Government may stand surety for a Government servant serving in another department of the Government:

Provided that in the case of Hindus such Government servants are not members of the same joint family.

(5) Heads of offices in which any officer required to furnish security is serving shall be responsible for seeing that the officer furnishes the necessary security and that is satisfactory and sufficient both at the time when it is first furnished and all along thereafter till it is no longer required.

Note.- For the purposes of this rule, heads of offices shall carefully scrutinize the security and satisfy themselves to its sufficiency at the time when it is first furnished and thereafter once in every year, and, if they deem fit to be insufficient shall require the officer from whom the security is taken to furnish additional fresh security.

(6) Care shall be taken that the same person is not accepted as a surety on behalf of a disproportionately large number of revenue officers whether such officers belong to the same office or department or not.

(7) No karkun shall ordinarily keep in his custody any amount exceeding the amount for which he has furnished security. Any surplus amount shall be deposited by him in the treasury.

(8) The Collector shall keep a register of all the securities furnished by such revenue officer in his district for scrutiny by the Inspecting Officer during his tour and shall submit annually to the Government on 1st October a certificate that all such securities are satisfactory and sufficient.

(9) The Collector shall record in the register, immediately on receipt, all notices of withdrawals by sureties.

(10) The register shall be in the form in Schedule B to these rules and shall contain such further particulars as the Government may from time to time direct.

CHAPTER III REVENUE SURVEYS SURVEY OF AGRICULTURAL LAND AND SURVEY AND ASSESSMENT OF NON-AGRICULTURAL LAND

Rule - 3. Survey numbers and sub-divisions.

(1)     Every holding not less in area than the minimum fixed under section 98 shall be separately measured, classified, assessed and defined by boundary marks, and entered in the land records as a survey number.

(2)     Every holding of which the area is less than such minimum shall be separately measured, classified and assessed and entered in the land records as a sub-division of that survey number in which it is directed to be comprised; it may also be separately demarcated if the Commissioner of Survey so directs, provided that the said Commissioner may require the persons interested in such holding to pre-pay the costs, or such portion of the costs as he thinks fit, of so defining the holding.

Rule - 4. Record of measurements.

All measurements shall be recorded in a book or embodied in a plane table map kept in such form as shall be prescribed by the Commissioner of Survey for each survey. The said books or maps shall be preserved as a record of the survey.

Rule - 5. Test of measurements.

The original measurements made by the subordinate survey officers employed for the purpose shall be tested by the, officers in charge of measuring establishments in such manner and to such extent as the Commissioner of Survey shall deem sufficient.

Rule - 6. Village maps.

Village maps shall be prepared under the orders of the Commissioner of Survey showing each survey number and its boundary marks.

Rule - 7. Classification of land.

For the purposes of assessment all lands shall be classed with respect to its productive qualities. The number of classes and their relative value reckoned in annas shall be fixed under the Commissioner of Survey with reference to the circumstances of the different tracts of country to which the survey extends and to the nature of the cultivation.

Rule - 8. Field-books.

Every class shall keep a field-book and record therein the particulars of his classification of each survey number and subdivision and the reasons which led him to place it in the particular class to which in his estimation it should 'be deemed to belong. Such field-books shall be preserved as permanent records of the survey.

Rule - 9. Test of classification.

A test of the original classification made by the subordinate officers employed for this purpose shall be taken by the officers in charge of classing establishments, in such manner and to such extent as may be directed by the Commissioner of Survey.

“XVII. The said test shall be an independent test, that is to say, it shall be made by the testing officer in entire ignorance of the original classer's proceedings or record until it has been completed and its results have been finally determined, when only the original classing valuation and the test valuation shall be compared and their separate results recorded. [55 VIII].

XVIII. When any classing operations are undertaken, notice shall be given to the rayats to enable them to represent defects and point out their own improvements (R. 7447-86).

XIX. [Deleted].

Rule - 10.

[Deleted].

Rule - 10-A.

[Deleted].

Rule - 11. Amalgamation.

(1)     Any survey number or sub-division of a survey number may be amalgamated with any other coterminous survey number with the sanction of the Collector and upto the application of the holder whenever all the parcels of land proposed for amalgamation are held by the same holder upto the same tenure.

(2)     Any sub-division may be amalgamated without prior sanction with any coterminous sub-division of the same survey number held by the same holder upto the same tenure.

(3)     When such amalgamation is effected, the two or more portions of land shall become one entry in the land records, bearing the same distinguishing number as the first in series of the amalgamated numbers. Any boundary marks placed between the amalgamated holdings shall be removed and the village map corrected accordingly.

Rule - 12. Application of rules 3 to 11.

(1)     Rules 3 to 11, unless otherwise directed by the State Government, shall be observed in the conduct of revenue survey of lands used, or which may be used, for the purposes of agriculture.

Form and details.-

(2)     Matters of detail not provided for in the foregoing rules shall be determined in each survey in accordance with such general or special orders as the Commissioner of Survey, acting under the general control of the State Government may, from time to time, issue.

SURVEY AND ASSESSMENT OF NON-AGRICULTURAL LAND

Rule - 13. Non-agricultural land not to be classified in accordance with foregoing rules.

(1)     Land of any of the kinds specified in sub-rule (2) shall be measured and mapped in accordance with rules 3 to 6 inclusive, but shall not be classified or assessed in accordance with rules 7 to 10.

(2)     The lands referred to in sub-rule (1) are the following:-

(a)      occupied unalienated lands, which are situated within an area in which a survey under rules 3 to 11 is in progress and which are used for any non-agricultural purposes;

(b)      unoccupied unalienated lands, situated within any such area, which are deemed to be likely to be more in demand for building or industrial purposes than for agriculture; and

(c)      all lands to which a survey is extended under section 131.

Rule - 14. Assessment of non-agricultural land.

The Collector on receipt of a schedule of the lands referred to in rule 13(2) shall assess them at the same rates and for the same period as if he were altering all agricultural assessment under whichever of Rules 81 to 85 has been applied to the locality:

Provided that land wholly or partially exempt from assessment under the proviso to section 52 or under section 128 or otherwise shall not, so far as it is so exempt, be assessed.

And also provided that land held under unexpired lease shall become liable to the rate of assessment in force for the locality only upon the expiry of those leases.

Rule - 14-A.

All non-agricultural assessments, rents and fines leviable under rules 43, 43-A, 43-B, 43C, 47, 80, 80-A, 80-AA, 80-B, 81(1), 81(3), 82, 82-A, and 82-AA, 90, 92, 93 and 99 to 103 shall first be calculated to the nearest paise at the rate (Per hectare or otherwise) - sanctioned upto the area chargeable, but if any sum so calculated:-

(i)       is less than 10 paise, shall be raised to 10 paise;

(ii)      exceeds 10 paise and is not an exact multiple of 10 paise, shall be raised to the nearest multiple of 10 paise.

Rule - 15. Maintenance of records.

For all lands which have in the past been surveyed or assessed, or which shall be hereafter surveyed or settled under the provisions of the Code and these rules, it shall be the duty of the Director of Land Records-

(1)     to cause to be corrected any arithmetical or clerical error whenever discovered.

(2)     to cause to be incorporated punctually in the land records all changes in boundaries, areas, tenures and assessments either of survey numbers or of their subdivisions which are made under orders of competent authority as defined in the Code and these rules or any other Act:

Provided that where the assessment of any survey number has been fixed by declaration under section 102, such assessment shall not be raised upon the discovery of any mistake in classification until the term of such declaration expires.

Rule - 16.

Detailed instructions and forms shall be drawn up and maintained by the Director of Land Records, subject to the orders and approval of the State Government from time to time for the proper carrying out of Rule 15.

Rule - 17.

[Deleted].

Rule - 18.

[Deleted].

SURVEY FEES IN TOWNS AND CITIES

Rule - 19. Survey fees in towns and cities.

(1)     Where a survey is extended to the site of a town or city, the survey fees payable under section 132 shall ordinarily be so fixed that the total sum payable in respect of such site shall cover the cost of the survey and preparation of the Record of Rights thereof.

(2)     In fixing the fees for each building site or any portion thereof held separately, the Collector shall have regard to the provision of sub-rule (1) and to the position, value (or rental), and area of such building site or portion thereof, but such fee shall not exceed [1][two hundred rupees].

CHAPTER III-ASETTLEMENT AND ASSESSMENT OF AGRICULTURAL LAND

Rule - 19-A. Enquiry by the Settlement Officer.

(1)     In making a settlement in respect of agricultural lands in any area, the Settlement Officer shall hold an enquiry in the manner prescribed in sub-rule (2).

(2)     The Settlement Officer shall examine fully the past revenue history of the area and assess the general effect of the incidence of assessment on the area. He shall collect information relating to the area in respect of the following matters and in the following manner:

(i)       Physical configuration.-The Settlement Officer shall base the information on observations made by him personally:

(ii)      Climate and rainfall.-The Settlement Officer shall base the information as regards climate on personal observations made by him and by making local enquiries in the area. He shall collect statistics of rainfall for the years subsequent to the 'introduction of the last settlement from the Director of Agriculture and compile the same in Form A. He shall also collect Information regarding the seasonal conditions of the area from the Director of Agriculture and verify it by reference to the Land Revenue Administration Reports or other reports relating to the area issued by Government. The information under this clause may be collected only for ten years immediately preceding the year of enquiry if in the opinion of the settlement officer it is sufficient to exhibit the normal seasonal conditions of the area:

(iii)     Markets.-The Settlement Officer shall base the information on personal observations made by him.

(iv)    Communications.-The Settlement Officer shall base the information on personal observations made by him.

(v)      Standard of husbandry.-The Settlement Officer shall base the Information on personal observations made by him:

(vi)    Population and supply of labour.-The Settlement Officer shall obtain figures of population according to occupation from the Director of Agriculture and compile them in Form A-1. He shall ascertain the conditions as regards supply of labour in each group in the area by making enquiries in such villages as he may select, with the previous sanction of the Settlement Commissioner. The number of villages in the area:

(vii)   Agricultural resources.- The Settlement Officer shall obtain Information regarding figures of livestock agricultural implements and other agricultural resources from the Mamlatdar and compile it in Form-A-2.

(viii)  The variations in the area of occupied and cultivated lands during the last 30 years.-The Settlement Officer shall obtain information in respect of this matter from the Mamlatdar and shall compile it in Forms A-3 and A-4;

(ix)    Wages.-The Settlement Officer shall obtain the necessary information from the Mamlatdar and verify the information about wages, current during the year of enquiry from personal observation. He shall compile the Information in Form A-5;

(x)      Prices.-The Information about the prices of the principal articles of agricultural produce shall be obtained from the Director of Agriculture and compiled in Form A-6. The prices shall be wholesale prices expressed in rupees per Quintal, if available, and retail prices expressed in kilograms per rupee and, where more than one quality of any produce is grown, shall be the prices of the variety specified by Government. The principal articles of agricultural produce shall be those defined in rule 19-1;

(xi)    Yield of the principal crops.- The Settlement Officer shall collect the Information from the Collector and the Director of Agriculture regarding crop experiments, the results of which have been recorded by them. The Settlement Officer shall also try to ascertain the normal yield per hectare, in each class of land by crop experiments or by examining the accounts of individual agriculturists; and shall in all such cases record the classification value of the land, the normal yield of which has been so ascertained by him;

(xii)   Ordinary expenses of cultivating such crops:-The information shall be collected in respect of the crop experiments referred to in clause (xi) or by examining the accounts of individual agriculturists. The result shall be recorded in the form of a statement of income and expenditure showing the net profit per hectare;

(xiii)  Rental values of lands used for purposes of agriculture.- The statistics about rental values for the years preceding the year of settlement shall be collected from the record of rights. The Settlement Officer shall examine the statistics of the villages selected by him under clause (vi) of this sub-rule and shall check the figures mentioned in the record of rights during his visit to the villages by verifying them from the parties concerned or by such other vocal inquiry as he considers suitable.

If in any case, the rent payable is a fixed amount of produce, the Settlement Officer shall work out its value in money. In cases in which the rent payable is a share of the gross produce (the Settlement Officer shall not take such cases into consideration if other reliable rental figures are available in reasonable number) The Settlement Officer shall ascertain the actual share of the produce received by the landlord, and determine its value in money. In all such cases in which the rent is paid in kind, the Settlement Officer shall ascertain and make deductions for the liabilities, if any, of the landlord, such as, his liability to meet a share of customary payments to village servants or for charitable purposes; or to defray part of the cost of production such as the cost of seed or manure or weeding or irrigation.

In cases where rents are paid in cash, the Settlement Officer shall not take into consideration (i) rents paid by tenants for lands which belonged to them but which they have mortgaged with possession or sold and taken back on lease, (2) rents due under leases between relations, the real object of which is to provide maintenance to dependents, (3) rents due in respect of deteriorated or waste lands which have to be reclaimed, (4) rents which are either too low as they are coupled with service or too high, the higher rent being paid on charitable grounds, and (5) rents due under all such leases as do not appear to be genuine.

The Settlement Officer shall also enquire and record whether deductions are made from the rent on account of expenses such as costs of seed or manure incurred by the landlord and whether the rents are paid in full and regularly. The statement of rental values shall be compiled in Form A-7; and

(xiv)  Sales of lands used for the purposes of agriculture.-The Settlement Officer shall examine the statistics for the five years preceding the year of settlement, of the villages selected by him under clause (vi) of this sub-rule to enable him to come to fairly accurate conclusions regarding the development of land values in the area and its component groups. The Settlement Officer shall for this purpose exclude all sales which are not genuine, e.g. (a) sales which are conditional mortgages whereby the vendor becomes the tenant and pays interest and instalments of capital in the guise of rent, (b) sales for nominal value between relatives, (c) sales for nominal value to temples, (d) sales in satisfaction of debts to a so wear, (e) sales of small pieces of agricultural land in the vicinity of residential areas. The statistics shall be compiled in Form A-8.

Rule - 19-B. Settlement Report.

(1)     The Settlement Officer shall incorporate the information collected by him in regard to the matters specified in sub-rule (2) of rule 19-A in his settlement report. The report shall contain the reasons for his proposals and a statement in Form A-9, showing the effect of his proposals as compared to that of the settlement then in force.

(2)     The Settlement Officer shall send three copies of the report submitted by him to the Collector under sub-section (5) of section 117I to the Settlement Commissioner who shall arrange for its translation in the regional language of the villages concerned and have it printed.

Rule - 19-C. Report to be published in each village.

The settlement report shall be published by the Collector in each village concerned in the regional language of such village by posting it along with the notice published under sub-section (2) of section 117J for three months in the chavdi or other prominent public place in such village and also at the taluka kacheri.

Rule - 19-D. Notice under section 117-J(2).

The notice under sub-section (2) of section 117J shall be published in Form A-10 by the Collector.

Rule - 19-E. Report to be forwarded to State Government.

After the expiry of three months from the date of the notice published under sub-section (2) of sec. 117J, the Collector shall as soon as may be forward the settlement report and the petitions of objections, if any, received by him together with his remarks thereon to the Settlement Commissioner who shall submit them to the State Government with his own remarks and recommendations.

Rule - 19-F.

(1)     Any person desiring to move the State Government to refer settlement report to the Bombay Revenue Tribunal under section 117KK of the Bombay Land Revenue Code, 1879, shall deposit Rs. 100 in the Government Treasury. He shall state in his application to the State Government his objections to the report and the grounds therefor.

(2)     On receipt of such application and on the applicant depositing the amount prescribed in sub-rule (I), the State Government shall direct that the settlement report together with the application shall be sent to the Bombay Revenue Tribunal for enquiry.

(3)     On receipt of the settlement report together with the application, the Bombay Revenue Tribunal may call for such further information as it deems necessary from the State Government or the applicant or any other person. The Bombay Revenue Tribunal shall then fix the date, place and time for holding the enquiry and give a notice of the same to the State Government and to the applicant.

(4)     The State Government may be represented at the enquiry by such officer as may be authorised by it. The applicant shall be entitled to put in a written statement at the enquiry. No pleader, vakil or mukhtyar and no advocate or attorney of a High Court shall be entitled to appear on behalf of the applicant or the State Government at the enquiry except with the permission of the Bombay Revenue Tribunal.

(5)     On the date fixed for holding an enquiry or on such date to which the enquiry may, from time to time, be adjourned, the Bombay Revenue Tribunal shall hear the applicant and the officer representing the State Government and make such further enquiry as it thinks fit.

(6)     The Bombay Revenue Tribunal shall then submit to the State Government its opinion on the objections raised and on such other matters as may have been referred to it by the State Government. Such opinion shall be submitted within two months from the date of the reference made to the Tribunal by the State Government.

(7)     When more than one application has been received in respect of a settlement report, pertaining to the same taluka or village, the Bombay Revenue Tribunal may, in its discretion, hold a joint enquiry in the matter.

(8)     If the Revenue Tribunal's findings are entirely in favour of the applicant, the whole of the amount of the deposit shall be refunded to him. If his objections are only partially accepted such portion of the amount as may be recommended by the Revenue Tribunal shall be refunded to him. If his objections are rejected in entirety or found to be frivolous by the Revenue Tribunal he shall not be entitled to get any refund of his deposit.

Rule - 19-G. Notice of introduction of settlement.

(1)     The notice under section 117O shall be in Eqrm-Av 1 1 and shall be published by the Collector of each village concerned in the regional language of such village by posting it in the chavdi or other prominent public place in such village and by beat of drum.

(2)     Such notice shall also be published by the State Government in the Official Gazette.

Rule - 19-GG.

In any area in which the relative valuation of land as regards its soil, water, and other advantages is recorded separately in the survey records, separate rates may be fixed in respect of each of those advantages of 16 annas value, and the standard rate in such cases shall be a combination of such separate rates:

Provided that were no such separate rates are fixed, the standard rate shall be the assessment per hectare of land having the maximum valuation in respect of each of those advantages.

Rule - 19-H. Assessment of individual survey numbers and sub-divisions.

(1)     When standard rates of assessment have been sanctioned by the State Government, the assessment to be imposed on each survey number or sub-division shall be determined according to the relative classification value of the land comprised therein, in accordance with the tables of calculations prepared by the Settlement Commissioner.

(2)     The assessment to be imposed on each survey number or sub-division after a revision settlement shall be worked out by increasing or decreasing the old assessment in the same proportion as there is an increase or decrease in the new standard rates over the old maximum or standard rates in respect of such lands:

Provided that if the classification value of the land comprised in such survey number or sub-division is changed, the assessment shall be calculated in accordance with the provisions of sub-rule (1).

Rule - 19-HH.

When the revised assessment on any survey number or sub-division thereof determined either under rule 19-H or otherwise exceeds the existing assessment levied on it by more than 25 per cent in cases falling under sub-section (4) or (5) of section 117F of the Code, such excess shall be recovered by stages of 25 per cent every two years; that is to say, commencing with the year next following the year in which the settlement is introduced the recovery of excess shall be subject to the limit of 25 per cent over the existing assessment for the first two years, 50 per cent for the next two years and so on, there being added to the limit an increase of 25 per cent for over subsequent two years during the period of the settlement.

Rule - 19-I. Classes of agricultural produce and prices with reference to settlement may be declared to have been made.

(1)     The agricultural produce with reference to the prices of which the settlement rates may be declared to have been fixed under sub-section (2) of section 117M shall include all crops which are grown on an area not less than 20 percent of the total gross cropped in the taluka or part of the taluka in respect of which the settlement is to be made and such other crops as Government may specify owing to their money value.

(2)     The prices of the classes of agricultural produce with reference to which the settlement rates may be declared to have been fixed under sub-section (2) of section 117M shall be the average of the wholesale prices if available, otherwise the retail prices, as recorded in Form A-6 for the five years immediately preceding the year in which enquiry is made under rule 19-A and shall be expressed in rupees per quintal. These average prices shall be called the settlement prices.

Rule - 19-J. Record of prices to be kept.

(1)     The Mamlatdar shall ascertain each month the wholesale prices (in terms of rupees per quintal) and retail prices (in kilograms per rupee) of the classes of agricultural produce, with reference to which a settlement may be declared to have been made under sub-section (2) of section 117M, prevailing at the taluka headquarters and record them in a register which shall be carefully maintained. He shall also show in such register the average prices during the period from January to September of each year.

(2)     The prices recorded in such register shall be published in the Official Gazette.

Rule - 19-K. Scale for granting rebate or levying surcharge.

(1)     For the purpose of the grant of a rebate or the levy of a surcharge on the assessment in any area, the percentage increase or decrease of the average prices prevailing in the period January to September of any year over the settlement prices shall be multiplied by the number of units, each of 40 hectares, under each crop specified in sub-rule (1) of rule 19-1 in the revenue year commencing on 1st August of that year:

Provided that in the case of other crops specified by Government owing to their money value, as provided in rule 19-I the area actually under each such crop shall before such multiplication be increased by 50 per cent. The sum of these products shall be divided by the total number of units, each of 40 hectares, and the result shall be taken to the total percentage increase or decrease according as the sum of the products is plus or minus.

Illustration.- [Deleted].

(2)     No rebate shall be granted or surcharge levied if the total percentage decrease or increase as calculated in sub-rule (1) is below 20 or 25 per cent. respectively. When the total percentage decrease or increase is 20 or 25 per cent. respectively or above, rebate shall be granted or surcharge levied, as the case may be, in accordance with the following scale:-

Rule - 19-L. Rebate or surcharge to be on actual demand for the year.

The rebate shall be granted or surcharge levied on the actual demand due for collection during the year after allowing for the suspensions or remissions granted during the year on consideration of the annewari of crops in the village:

Provided that the surcharge levied in any year shall not be more than 25 paise in a rupee over the assessment including the surcharge levied in the previous year whatever the rise in prices may be.

Illustration.- [Deleted].

Rule - 19-M. Assessment how to be calculated.

(1)     All agricultural assessments (or Judi) shall be calculated to the nearest paise at the rate (per hectare or otherwise) sanctioned upon the area chargeable.

(2)     In calculating the assessment any fraction of a rupee being less than five paise or not multiple of five paise shall be rounded off to five paise, or as the case may be, the next multiple of five paise, provided that-

(3)     When the calculation results in the sum total of the new assessments (or Judi) of all sub-divisions of a survey number being greater or less than the whole assessment (or Judi) of that number, the difference shall be equitably distributed over the sub-divisions by deduction or addition so as to make the total equal to the assessment (or Judi) on the survey number:

(4)     Subject to the clause (1), the assessment of a sub-division shall in no case be less than a paise and every fraction of a paise shall be considered as a paise, the addition being counter-balanced by deduction in the assessment of any of the other sub-divisions of the same survey number in an equitable manner;

(5)     No new assessment (or Judi) on a survey number or a division of a survey number shall be less than 5 paise but this provision shall be subject to the condition that the total of the assessments of all the subdivisions of a survey number shall not exceed the assessment (or Judi) of that survey number. Where this condition cannot be fulfilled any assessment of less than five paise may be retained as five paise subject to clause (2).

ASSESSMENT OF AGRICULTURAL LAND IN MERGED TERRITORIES AND ENCLAVES

Rule - 19-N. Assessment of agricultural land in merged territories and enclaves.

The rate of assessment of Land Revenue agricultural land in the merged territories and the Hyderabad enclaves included in, and forming part of the State of Bombay under the Indian and Hyderabad (Exchange of Enclaves) Order, 1950 shall be the rate prevailing in those territories immediately before the date of the coming into operation of this rule, until settlement of Land Revenue of such land is made under the provisions of Chapter VIII-A of the Code or the rate of assessment in respect of such land is fixed under section 52 of the Code whichever event occurs earlier:

Provided that the State Government may, by general or special order, reduce the rate of assessment in respect of any such land to such extent as it may deem fit having regard to the standard rates of assessment fixed under the provisions of Chapter VIII-A in respect of agricultural lands in other areas in the State and other factors affecting assessment of land.

Rule - 19-O. Assessment of agricultural land under Sec. 52.

(1)     The assessment of the amount to be paid as land revenue under section 52 on all agricultural lands which are not wholly exempt from the payment of land revenue and on which the assessment has not been fixed under the provisions of Chapter VIII-A of the Code shall be fixed in terms of cash in accordance with the provisions of sub-rules (2) to (8).

(2)     Subject to the provisions of section 7 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bom. XXXIX of 1954) and the provisions of sub-rule (5) of this rule, the Collector shall-

(a)      arrange to form groups of villages homogeneous as far as possible in respect of-

(i)       physical configuration,

(ii)      climate and rainfall,

(iii)     prices, and

(iv)    yield of principal crops;

(b)      classify the lands into three classes, namely dry crop, rice and irrigated;

(c)      ascertain the average gross Agricultural Produce per hectare for each class of land for a period of five years or such period not less than three years for which the relevant statistical data may be available immediately preceding the year in which the enquiry for fixation of assessment is commenced;

(d)      fix the standard rate of assessment per hectare for each class of land in each such group, calculated at a rate not exceeding 35 per cent. of 1/6th of the price of the average gross agricultural produce ascertained under clause (c);

(e)      (i) whether the survey and classification of each individual holding has already been made under Chapter VIII of the Code, fix for each individual holding the assessment payable by the holder thereof on the basis of the survey classification so done at the standard rate fixed;

(ii) where the survey and classification of each individual holding has not been made under Chapter VIII of the Code, classify each class of-

(1)     dry crop,

(2)     rice, and

(3)     irrigated

land into three sub-classes, namely.-

(1)     good,

(2)     medium, and

(3)     inferior.

After taking into consideration the yield of the principal crops reduce and then fix for each individual holding the assessment payable by the holder thereof by applying the standard rate appropriate to the group and class of lands determined under clause (d) to good lands, 2/3rds of the said rate to medium lands and 1/3rd of the said rate to inferior lands on the basis of the area of such holding as entered in the land revenue records, such area being converted into hectares where it is recorded in terms of other measures.

Explanation.- For the purpose of this sub-rule, the standard rate of assessment means-

(i)       where the group consists of any classified lands, the rate of assessment for lands of 16 annas classification value, and

(ii)      where all lands are unclassified, the rate of assessment for good lands as determined under clause (e)(ii) of this sub-rule.

(3)     For the purpose of clause (d) of sub-rule (2) the price shall be determined on the basis of the average of the price of each class of agricultural produce recorded by the Mamlatdar under Rule 19-J or in any other record maintained in the Revenue Offices in each year during the period of five years, or such period not less than three years for which the relevant statistical data may be available, immediately preceding the year in which the enquiry for fixation of assessment is commenced.

(4)     Notwithstanding the provisions of sub-rule (2) the Collector shall-

(i)       in the case of unassessed land in a village settled under Chapter VIII-A of the Code, fix the rate of assessment on such land in accordance with the standard rate applicable to the lands in such village;

(ii)      in the case of un assessed land in a village to which sub-rule (7) applies, fix the rate of assessment on such land in accordance with the existing standard rate of the village subject to any reduced rate payable under the proviso to rule 19-N, and

(iii)     in the case of an unsettled village surrounded by any villages settled under Chapter VIII-A of the Code or which adjoins any village so settled and all unsettled villages which do not so adjoin but which in the opinion of the Collector resemble on account of homogeneity of the unsettled village which adjoins any villages so settled, fix the rate of assessment-

(a)      in accordance with the standard rate applicable to such surrounding or adjoining settled villages, if such settled villages belong to the same group, or

(b)      in accordance with the standard rate applicable to the adjacent settled village to which the unsettled village most resembles.

(5)     In fixing the rate or amount of assessment under clauses (d) and (e) of sub-rule (2) and under sub-rule (4), the Collector shall have due regard to the rate or amount of assessment payable in respect of land or, as the case may be, of the holding, at the time he fixes the assessment in respect thereof including any reduced rate payable under the proviso to Rule 19-N(6)(i) The assessment" under clauses (d) and (e) of sub-rule (2) and under sub-rule (4) shall remain in force for the current revenue year and thereafter shall continue in force, until it is revised by the Collector in accordance With sub-rule (8) or till the lands to which this rule applies are settled under Chapter VIII-A of the Code, whichever is earlier.

(6)     Where in the case of any merged territory and Hyderabad enclave included in and forming part of the State of Bombay under the India and Hyderabad (Exchange of Enclaves) Order, 1950, the State Government after such inquiry as it may deem fit, is satisfied that lands in such territory or enclave were assessed immediately before the merger of such territory or inclusion of such enclave, as the case may be, in accordance with the law relating to the survey and settlement of lands prevailing in such territory or enclave and that such law generally corresponded to the provisions of Chapter VIII and Chapter VIII-A of the Code, nothing in the foregoing provisions of this rule shall apply to the land so assessed in such territory or enclave.

(7)     In revising the rate or amount of assessment fixed under the foregoing sub-rules, the Collector shall have regard to the following factors:-

(i)       the rate of assessment prevalent in the area to which the group can be compared on the basis of homogeneity of soil and crop pattern;

(ii)      the fact that survey and classification of each individual holding has been made under Chapter VIII of the Code.

(8)     Nothing in the foregoing provisions of this rule shall affect the rates of assessment fixed under this rule as it stood before 1st March 1959.

[2][CHAPTER III-B EXEMPTION FROM PAYMENT OF LAND REVENUE TO SMALL HOLDERS

Rule - 19-P. Manner of preparation, and maintenance of and the form of list of small holders.

The Mamlatdar shall prepare, keep and maintain the list of small holders not liable to pay land revenue referred to in sub-section (2) of section 45 in Form A-12. Any amendment, deletion or addition of any entry in such list shall be made by the Mamlatdar in red ink and shall be initialled by him.

Rule - 19-Q. Form and manner of notice to be issued under sub-section (2) of section 45.

The notice to be issued under sub-section (2) of section 45 shall be in Form A-13. Such notice shall be affixed at the village Chavdi or Chora, at the panchayat office in the village and also at such other public building in the village as the Mamlatdar may deem fit and the publication of such notice shall also be proclaimed by beat of drum in the village. The date on which the notice is affixed at the village Chavdi or Chora and at the panchayat office shall be written on the notice so affixed by the person affixing the same.

Rule - 19-R. Form of particulars and period within which such particulars may be furnished under sub-section (2) of section 45.

Every person who is or who becomes or ceases to be a small holder shall furnish the particulars specified in the form of application set out in Form A-14, within thirty days of the date on which the notice under rule 4 is affixed at the village Chavdi or Chora and at the panchayat office and where such dates are different within thirty days from the latter of such two dates.

Rule - 19-S. Manner and interval of publication of list under sub-section (3) of section 45.

The list shall be published at the village Panchayat office or at the village Chavdi or Chora or any other public place in the village. The first list shall be published within a period of one month from the publication of (and shall be also valid for the year 1972-73) the Gujarat Land Revenue (Amendment) Rules, 1975 in the Official Gazette, and thereafter each year the revised list shall be published, not earlier than 1st August and not latter than 15th August.]

CHAPTER IV SUB-DIVISION OF SURVEY NUMBERS

Rule - 20. Notice to be issued.

Before field operations, a notice shall be issued by the Mamlatdar and posted in the village chavdi and proclaimed by beat of drum, stating that the sub-divisions of survey numbers in the village are about to be measured according as they have been divided by the holders and daily notices shall be given as far as possible specifying in the numbers or parts of numbers which are to be measured next day and warning land-holders to be present.

Rule - 21. Boundaries to be laid down.

(1)     When there is no dispute the boundary of each sub-division shall be laid down according to the statement of the holders.

(2)     Where there is any dispute, the boundary to which the dispute relates shall be measured and mapped in accordance with the claims of both disputants, and the dispute entered in the register of disputed cases. After the dispute has been settled under sections 37 and 119-120, or Rule 108, as the case may be, the map shall be corrected accordingly and the areas finally entered into the land records.

Rule - 22. Fees.

The fees to be recovered for making sub-divisions in cases to which section 135G(b) applies shall, unless the State Government in any case otherwise direct, be such as will cover the entire cost of measuring, assessing and mapping the sub-division; they shall be assessed by the Collector.

Rule - 22-A.

[Deleted].

Rule - 23. Assessment.

The proportionate assessment of sub-divisions to the land revenue settled upon the survey number shall be calculated subject to the proviso to section 117A(2) according to the relative classification value of the several parts of the survey number as directed in rule 10. Detailed instructions shall be prescribed by the Commissioner of Survey subject to the approval of the State Government, and may provide for the rounding off of fractions.

CHAPTER V BOUNDARY MARKS

Rule - 24. Details of boundary marks to be furnished by the Survey Department to the Collector.

On the introduction of a Survey Settlement, the Superintendent of Survey shall furnish the Collector with a map and statements showing the position and description of the boundary marks erected or prescribed by or under the orders of the Commissioner of Survey. It shall be the duty of the Director of Land Records to amend these maps in accordance with any subsequent alteration of boundaries, in a revision survey or in the sub-division of a survey number or on any other authorised occasion.

Rule - 25. The following boundary marks are authorised.

Continuous marks-

(1)     A boundary strip.

(2)     Sarbandhs or hedges and other permanent continuous structures, such as walls.

Discontinuous marks-

(3)     Conical earthen mounds or cairns (buruz) of loose stones.

(4)     Pillars of cut stone, or brick or rubble-stones masonry.

(5)     Prismatic or rectangular earthen mounds.

(6)     Roughly dressed long stones.

(7)     Any other marks found suitable for special localities and sanctioned by the Collector or Survey Officer, such as teak posts in the marine marshes on the Gujarat coasts.

“XX. In districts to which the experiment authorised in R. 7671-14 is extended the Collector may permit the holders of land to substitute (49) for one kind of mark or any other authorised mark within the limits below defined:-

(a)      A continuous mark of class (2) may be substituted along the true boundary line for single or discontinuous marks, or vice versa.

(b)      Single marks (3) or (4) may be substituted for groups of two or more of (5) or (6) on the intersections of the boundaries of 3 or more survey numbers or vice versa.

(c)      Any sanctioned single discontinuous marks may be interchanged at the corners or bends of the boundary common to only two survey numbers.

Marks so substituted, if themselves in proper repair, shall not be deemed to be marks out of repair. Nor shall it be necessary to alter the map so long as the substituted mark occupy the same position and indicate the Same boundary as the marks in the printed map.

XXI. A general printed notice should be given by Mamlatdar by or before 1st November stating that the village boundary marks are due for repairs intimating what the authorised boundary marks are and asking the Khatedars and/or tenants to take necessary steps to complete the repairs by 1st December. This date would apply both to the Kharif and Rabi villages. The notice will be pasted in the Chavdi and published by beat of drums. The Circle Inspector should be directed to visit the villages for preparing map of boundary marks needing repairs and making a list of them before 30th November. The date of the visit of the Circle Inspector should be published widely in the village. On the date of his visit the Circle Inspector accompanied by the Talati together with as many Khatedars and/or tenants as' possible should inspect the boundary marks, mark on the map the boundary marks that have not been repaired and require repair, replacement etc. make a list of these boundary marks and give full instructions to the Talati and Khatedars and/or tenants of what is to be done. A general notice should be published by the Circle Inspector by 1st December publishing the map and the lists stating that the work may be completed by the Khatedars and/or tenants by the 15th December at the latest and that if it is not completed by them it will be completed by contract at their costs. The Circle Inspector should not be expected to bring to each individual Khatedar's and/or tenant's notice what he has to do. The Talati may be directed to do so after 15th December; the Talati should at once proceed to check about the repairs actually carried out be should strike off from the list and map all the boundary marks which have been repaired according to the instructions given by the Circle Inspector, the Khatedars and/or tenants and submit to the Circle Inspector, by 1st January the amended list and the map. The Talati should also give a notice on 1st January to the villagers asking them to select a contractor from amongst them within a week of notice. If no contractor is selected by the villagers the Talati should send a report by 10th January to Mamlatdar for taking orders regarding contractor. After the contractor is selected he should start work on 1st February and finish the same by 15th March.”

Rule - 26. Maintenance of boundary strips.

(1)     Boundary strips or ridges shall not be ploughed up or otherwise injured by cultivation.

(2)     The minimum width of boundary strips shall be as follows:-

Provided that-

(i)       where the boundaries of such lands are well defined by banks hedges, or the like; the actual width of the strip covered by such bank, hedge, or the like, shall be sufficient for the purpose of this rule;

(ii)      where the boundary of a survey number also forms the boundary of a Part B State of Foreign State, the minimum width prescribed above shall be maintained for the portion of the boundary strip on the side State of Bombay; and

(iii)     where village boundaries have been defined at the time of survey by double lines of boundary marks, the whole of the intermediate strip shall be maintained as a boundary strip.

Rule - 27. What boundary marks to be considered out of repair and how to be repaired.

The following boundary marks shall be considered out of repair and shall be repaired in the manner prescribed for each kind as follows-

(a)      A continuous mark (strip, sarbandh, hedges, etc.), if it deviates more than ninety centimetres from the true straight line of the boundary. Mode of repair.-Either the deviation shall be rectified or the continuous mark not being a boundary strip must be replaced or supplemented by discontinuous marks.

(b)      Any conical mound or cairn less than 75 centimeters in height and 6 feet in diameter at the base. Mode of repair-Raise it to 3 feet in height and 6 feet in width at the base.

(c)      Any rectangular mound less than 60 centimetres high, or less than 150 centimetres long and 120 centimetres wide at the base. Mode of Repair-The mound shall be raised to full dimensions, that is 75 centimetres high, 180 centimetres wide at the base.

(d)      Any mound, conical or rectangular, within 120 centimetres of which earth has been dug for repairs, when such excavation has affected the stability of the mark or allows water to lodge. Mode of repair-The excavation shall be filled up.

(e)      Any pillar (i) less than 900 square centimetres 65 centimetres in depth, (ii) broken down, or (iii) rising less than 10 or more than 20 centimetres clear above the adjacent ground level. Mode of repair-(i) replace by one of proper dimensions, (ii) rebuild, (iii) raise the pillar or clear away or make up the ground.

(f)       Any stone less than 60 centimetres long and 15 centimetres thick. Mode of repair-a stone of proper size shall be substituted.

(g)      Any stone out of the ground, or buried less than two-thirds of its length and loose. Mode of repair-the stone shall be replaced or fixed firmly.

(h)     Any mark considerably out of proper position or so repaired or erected as to indicate a materially incorrect line of boundary, Mode of repair-The mark shall he correctly placed.

(i)       Any mark overgrown or surrounded by vegetation of any kind so as not to be easily visible. Mode of repair-The vegetation shall be cleared away until the mark is easily visible.

(j)       Any sarbandh, or continuous embankment less than 60 centimetres high and 120 centimetres wide at the bottom. Mode of repair-the sarbandh shall be made full 160 centimetres high and 120 centimetres wide at the bottom throughout, unless the occupant prefers the substitution of authorised discontinuous marks.

(k)      Any hedge or other continuous mark which by reason of want of continuity or disrepair fails to define the boundary. Mode of repair-The necessary renewals shall be made or other authorised marks substituted.

(l)       Any boundary strip or ridge which has been ploughed up or otherwise obliterated or the dimensions of which are less than those prescribed by Rule 26. Mode of repair-The landholder shall be ordered to restore the strip or ridge within a prescribed period by leaving it unploughed and undisturbed; on his failure to comply he may be prosecuted under section 125.

(m)    Missing marks, Mode of repair-New marks shall be erected.

Proviso as to marks liable to injury from flooding.-Provided that in any case where a boundary mark cannot, owing to flooding of a nala, or river, the breaking away of the bank, or other causes, be kept in repair, another kind of authorised mark may be substituted. Where even that is impracticable the direction of the boundary must be fixed by a pair of discontinuous marks erected at an adequate distance back from the abandoned position; either both on the same side, or one on each opposite side thereof.

Rule - 28. Determination of responsibility for maintenance.

(1)     The responsibility of the several landholders for boundary marks on a common boundary lies on the holder of the survey number which is numerically lowest.

(2)     Sub-rule (1) is subject to the proviso that when any survey number is unoccupied or assigned for public or Government purposes the responsibility for repair of the marks on its periphery will pass to the landholder on the other side of the boundary. Repairs will be made at Government expenses only when the marks in disrepair lie between survey numbers each of which has no holder except the State Government.

(3)     Within each survey number the holder or holders of each sub-division are responsible for the marks if any have been prescribed on the periphery of that subdivision to the same extent as they would be responsible if 'sub-division' were read instead of 'survey number' in sub-rules (1) and (2).

(4)     A mark which is on the common boundary of two or more villages must be repaired by the holder of the land in the village which is under restoration when the marks are found out of repair.

CHAPTER VI ENQUIRIES UNDER SECTION 37

Rule - 29. Notice of enquiry.

(1)     (a) Before an enquiry under section 37, a written notice in Form B of the proposed enquiry and of the time and place and subject-matter thereof shall be affixed not less than ten days before the enquiry at the chavdi or some other public place in the village in which the chavdi in which the property is situate: and in a conspicuous position upon the property with respect to which the enquiry will be held.

(b) A copy of the notice shall also be served not less than ten days before the enquiry on all persons who are known or believed to have made any claim to the subject-matter of the enquiry, and every such notice shall be served in the manner provided in section 190 for the service of a summons.

(2)     Notice of decision.-

(a)      Written notice in form C of any order passed under section 37, specifying briefly the subject-matter, con-tents and date of the order passed, shall be served in the manner specified in clause (b) of sub-rule (1) upon the persons referred to in that clause.

(b)      Such written notice shall also be affixed in the places specified in clause (a) of sub-rule (1).

XXII. Questions of rights between Government and Municipality, how to be dealt with.- Where the right to any price of ground is in dispute between a Municipality and Government, the Collector, shall endeavour to decide the dispute and with special regard to Rule 53. Where the Collector is in doubt or the Municipality does not accept his decision the case shall be referred to the State Government. To secure finality the ultimate order should be made under section 37(2).

CHAPTER VII THE DISPOSAL OF LAND VESTING IN GOVERNMENT AND EXEMPTIONS FROM LAND REVENUE

Rule - 30.

(a)      The right of Government to mines and mineral products which is reserved by section 69 shall not be disposed of without the sanction of the State Government, and in all grants of land the right to mines and mineral products and full liberty of access for the purpose of working and searching for the same shall be deemed to be reserved unless the State Government direct to the contrary and unless such right and liberty are expressly granted.

(b)      No land situate within port limits shall be disposed of without the written concurrence of the Collector of Salt Revenue and without the reservation as to the tree-growth provided for in rule 58(d).

(c)      In all grants and disposals of land the right of occupation and use only subject to the provisions of the Code shall be granted; and not the proprietary right of Government in the soil itself.

Rule - 31.

Land may not be granted free of land revenue without the sanction of the State Government except as hereinafter provided.

GIFTS OF THE POSSESSION AND THE REVENUE

Rule - 32. Limits of revenue-free grants for different purpose.

(1)     Land may be given free of price and free of revenue, whether in perpetuity or for a term, for any of the purposes specified in column 1 of the Table below from which no profit is expected by the Collector to the extent specified against them in column 2 thereof:-

[3][TABLE

Proviso as to land near railway stations.-

Provided that the land in the neighbourhood of railway stations shall not be granted for dharmashalas under head (2) in the table unless when erected they are to be in the charge of the Local Board, Municipality, Village Panchayat, Sanitary Committee or Sanitary Board concerned:

Provided further that land shall not be given under this rule for any of the purposes mentioned in rule 32-A.

Rule - 32-A.

Land may be leased at a nominal rent of Re. 1 a year for playgrounds or other recreational purposes to educational institutions or local bodies or for gymnasiums recognised by Government for a term [6][not exceeding thirty years] by the Collector [7][when the area and the revenue free value of the land do not exceed 5 acres (H. 2-02-34) and Rs. 25,000 in case when the lease is in favour of a Panchayat, Municipality or any other local authority and 2 1/2 acres (H. 1-01-17) and Rs. 5,000 when the lease is in favour of any other public body or institution] and by the Divisional Officer when the revenue-free value of the land does not exceed Rs. 5,000.

Such leases shall ordinarily be executed in Form DD. The Collector may make such variations in the conditions of the lease or annex such additional conditions as he may deem necessary.

Rule - 33.

(1)     When it is clear that such a sale is preferable to any other course on grounds of obvious convenience to Government no less than to the parties concerned, any land wherever situated of which the estimated revenue-free value does not exceed rupees one hundred may be sold revenue-free by the Collector to a private person for a private purpose.

(2)     Form DDD may generally be used in all cases falling under this Rule.

GIFTS OF THE POSSESSION ONLY

Rule - 34. Grants in the Dharwar District to shetsanadis for remuneration.

(1)     In the district of Dharwar whenever unoccupied land is available for the purpose, the Collector may give such land to any shetsanadi who is willing to accept remission at the rate of one rupee of the assessment in exchange for two rupees of the usual annual cash remuneration:

Provided that no such land shall be given if the estimated occupancy value thereof exceeds five hundred rupees.

(2)     Where a grant is made under this rule no sanad need be issued to the grantee, but it is to be a condition of his tenure that the land is granted revenue-free to the agreed extent only in consideration of the shetsanadi's service, and that it is resumable at the pleasure of the State Government.

GIFT OF THE REVENUE ONLY

Rule - 35.

(1)     The Collector may exempt from payment of land revenue without any limit lands used for sites of hospitals, dispensaries, school (91). market yard and for other public purposes, so long as such lands are used for such purposes and yield no profit to private individuals or local bodies.

(2)     Land used for sites of building solely devoted to charitable purposes may be exempted from payment of land revenue by the authority and to the extent specified below, so long as such lands are used for such purposes and yield no profit to private individuals or local bodies:-

By the Collector upon an annual amount of [8][Rs. 100/-]

(3)     Exemptions from payment of land revenue granted before 6th October 1937 in respect of any land used for or dedicated to religious purposes shall remain in force for the period specified in the grant and may thereafter be continued in whole or in part according to the discretion of the Collector.

CONDITIONS ATTACHED TO GRANTS UNDER FOREGOING RULES

Rule - 36. Conditions attached to grants under rules 32, 34 or 35.

(1)     Every grant under rule 32 or 34 shall be made expressly on the following conditions in addition to any others that may be prescribed in particular cases, namely:-

(a)      That the land with all fixtures and structures thereon shall be liable to be resumed by the State Government if not used for the specific purpose for which it is granted by such date as the Collector may fix in this behalf or if used for any purpose other than the specific purpose or purposes for which it is granted or if required by the State Government for any public purpose, and that a declaration under the Signature of the Collector that the land is so required shall, as between the grantee and the State Government, be conclusive;

(b)      that, if the land is at any time resumed by the State Government under condition (a), the compensation payable therefor shall not exceed the amount (if any] paid to the State Government for the grant, together with the cost or value at the time of resumption, whichever is less, of any building or other works authorisedly erected or executed on the land by the grantee.

(2)     Where exemption from revenue is granted under rule 35 on land already occupied by the grantee, the following condition shall be imposed, in addition to any others that may be settled in particular cases, namely, that if the Collector is satisfied that the land is used for any purpose other than the specific purpose or purposes for which exemption is granted, or yields profits to the grantee, it shall, in addition to the assessment to which it becomes liable under section 48, become liable to such fine as may be fixed in this behalf by the Collector under the provisions of section 66, as if the land having been assessed or held for the purpose of agriculture only had been un-authorizedly used for any purpose unconnected with agriculture.

XXIII. In all cases a Sanad in such form as may from time to time be prescribed by Government shall be issued to the grantee by the Collector.

Where any land is granted revenue-free with the sanction of State Government for any purpose not mentioned in rules 32, 34 and 35, the form of Sanad to be issued by the Collector will be specially prescribed by the State Government.

Every Sanad Issued under this rule shall be registered in the register prescribed by section 53, in the form of Appendix O.C. (R. 5634-83).

The Collector and all Revenue Officers subordinate to him shall exercise due vigilance to prevent the terms of any such sanad being either violated or evaded.

GRANT OF LAND FOR AGRICULTURAL PURPOSES

Rule - 37. Survey numbers how to be disposed of.

(1)     Any unoccupied survey number not assigned for any special purpose may, at the Collector's discretion, be granted for agricultural purposes to such person as the Collector deems fit, either upon payment of a price fixed by the Collector, or without charge, or may be put up to public auction and sold subject to his confirmation to the highest bidder.

(2)     In the case of such grants an agreement in Form F shall ordinarily be taken from the person intending to become the occupant.

(3)     When the land is granted on inalienable tenure the clause specified in Form I shall be added to the agreement.

(4)     When the land is granted on impartible tenure an agreement in Form F(1), and, when it is also granted inalienable tenure, an agreement in Form I(1), shall ordinarily be taken from the person intending to become the occupant.

(5)     The declaration below the agreement shall be subscribed by at least one respectable witness and by the patel and village accountant of the village in which the land is situated.

Rule - 38. Survey number not already assessed, to be assessed before it is disposed of.

Where any survey number disposed of under rule 37 has not already been assessed, it shall be assessed by the Collector (after reference to the Superintendent of Land Records) at the rates placed on similar soils in the same or neighbouring villages; and the assessment so fixed shall hold good for the period for which the current settlement for the village in which the land is situated has been guaranteed and shall be liable thereafter to revision at every general settlement of the said village.

Rule - 39. Where survey number may be given at reduced assessment.

(1)     Where it appears that the bringing of any survey number under cultivation or its reclamation for other purposes will be attended, with large expense, or where for other special reasons it seems desirable, it shall be lawful for the Collector to grant the survey number revenue-free or at a reduced assessment for a certain term, or revenue free for a certain term and at a reduced assessment for a further term, and to annex such special conditions as the outlay or other reasons aforesaid may seem to him to warrant, and to cancel the grant or levy full assessment on breach of these conditions:

Provided that, on the expiry of the said term or terms, the survey number shall be liable to full assessment under the rules then in force for lands to which a settlement for agricultural use has been extended or which are assessed for other uses.

(2)     Form GI may generally be used in cases under this rule.

Rule - 40. Grants of salt-marsh lands for reclamations.

Salt land or land occasionally overflowed by salt-water, which is not required or likely to be required for salt manufacture, may, after consultation with the Commissioner of Salt, be leased for purposes of reclamation by the Collector, on the following maximum terms, and with such modifications in particular cases as may be deemed fit:-

(a)      no rent shall be charged for the first ten years;

(b)      rent at the rate of 60 paise per hectare shall be levied for the next twenty years on the whole area leased, whether reclaimed or not:

(c)      after the expiry of 30 years the lease shall-be continued in the case of reclaimed lands at the rate at which they would be assessed to land revenue from time to time if they were subjected to survey settlement: and in the case of unreclaimed lands, if any, at the average rate of reclaimed lands:

(d)      any portion of the land used for public roads shall be exempt from the payment of rent:

(e)      if the reclamation is not carried on with due diligence within two years, or if half the area is not reclaimed so as to be in a state fit for use for agricultural purposes at the end of ten years, and the whole at the end of twenty years, or if any land once reclaimed as aforesaid is not maintained in a state fit for use for agricultural purposes, the lease shall be liable to cancellation at the discretion of the Collector:

Provided that the lessee shall be at liberty during the first ten years to relinquish any area which he cannot reclaim;

(f)       if the land reclaimed is used for any non-agricultural purpose, its rent shall be liable to be revised according to the rates under whichever of rules 81 to 85 has been applied to the locality notwithstanding that any of the periods specified above may not have expired:

(g)      Form G2 may generally be used in cases under this rule.

Rule - 41. Land in beds of river.

[9][(1) Land situated in the bed of a river and not included in a survey number shall, save as otherwise provided in secs. 46 and 64, ordinarily, be leased annually by auction to the highest bidder for the term of one year or such further period as the Collector thinks fit:

Provided that the Collector may, subject to any general or special orders of the State Government, lease such lands without auction to the existing lessees or new lessees belonging to the Scheduled Castes, Scheduled Tribes or other socially and educationally backward classes, ordinarily living on cultivation of such land or to a co-operative society the majority of the members of which are persons belonging to Scheduled Castes, Scheduled Tribes or other socially and educationally backward classes on payment of such rent as may be determined by the Collector.

(2)   The accepted bid or the amount of rent payable under sub-rule (1) shall be deemed to be the land Revenue chargeable on such land.]

GRANT OF LAND FOR NON-AGRICULTURAL PURPOSES

Rule - 42. Disposal of land for building and other purposes.

Unoccupied land required or suitable for building sites or other non-agricultural purpose shall ordinarily be sold after being laid out in suitable plots by auction to the highest bidder whenever the Collector is of opinion that there is a demand for land for any such purpose; but the Collector may in his discretion, dispose of such land by private arrangement, either upon payment of a price fixed by him, or without charge, as he deems fit.

Rule - 43. Conditions of grants for building.

(1)     Save in special cases in which the Collector with the sanction of the State Government otherwise directs, or in localities falling under rule 44, land for building sites shall be granted in accordance with the following provisions-

(a)      The land shall be granted in perpetuity subject to the provisions of the first paragraph of section 68, and shall be transferable.

(b)      While the land has already been assessed for agriculture, the assessment shall be altered under whichever of rules 81 to 85 has been applied to the locality.

(c)      Where the land has not been assessed the Collector shall fix the assessment in accordance with the principles laid down for alteration of assessment in rules 81 to 86 and the provisions of the said rules shall as far as may be, apply.

(d)      All such assessments shall be fixed for the period specified in Rule 87(a) and may be commuted when they do not exceed one rupee in accordance with the provisions of rule 88.

(2)     In the case of such grants an agreement in Form F, or Form H, as the Collector may deem fit, shall ordinarily be taken from the person intending to become an occupant, and in the case of land in development scheme undertaken by the State Government in any district or in special cases, an agreement in Form HH shall be taken:

Provided that in the case of grant of lands situated within the limits of a municipal Corporation constituted under the Bombay Municipal Corporation Act or the Bombay Provincial Municipal Act, 1949, an agreement in Form F-2, H-1 or HH-1 shall be taken in lieu of agreement in Form F, H or HH respectively. In the case of grants in which an agreement in Form H, H-1, HH or HH-1 is to be taken, the Collector may, subject to any general or special orders of the State Government, annex such additional conditions to, or omit or vary such of the conditions, in agreement as he thinks fit.

(3)     When the land is granted on inalienable tenure, the clause specified in Form I shall be added to the agreement.

(4)     The declaration below the agreement shall be subscribed by at least one respectable witness and by the patel and village accountant of the village in which the land is situate.

With a view to prevent ribbon development, Government is pleased to direct that no building should be permitted within 6.1 Meter of the read boundary in the case of all roads whether classed as main roads or otherwise.

Rule - 43-A. Terms on which land intended for future building sites may be temporarily disposed of.

Unoccupied lands which are eventually intended for building sites within the Bombay Suburban District or any other area, to which the State Government may by notification in the Bombay Government Gazette, extend this rule but of which the immediate disposal for the said purpose appears to the Collector to be undesirable, may be let under written leases in a form approved by the State Government for short terms not exceeding in any case seven years at a ground rent equal to double the standard rate of non-agricultural assessment in force in the locality, or at a ground rent which may in special cases or localities be fixed by the Collector.

Rule - 43-B. Disposal of small strips of land adjacent to occupied unalienated building sites.

When any small strip of land vesting in Government adjacent to an occupied unalienated building site cannot reasonably be disposed of as a separate site, the Collector may, notwithstanding anything to the contrary contained in any of the rules in this Chapter, grant such strip to the holder of the said site on the same tenure on which he holds the said site if he agrees to pay-

(a)      assessment or rent, as the case may be, for such strip of land at the same rate, if any, at which he pays assessment or rent for the said site, and

(b)      such price or premium as the Collector deems adequate having regard to the situation of such strip and any other advantages which are likely to accrue to the holder on account of its disposal to him.

Rule - 43-C. Conditions of grant of land to displaced persons.

(1)     Unoccupied lands suitable for building sites in the new town-ships and colonies established by Government for Displaced Persons or in other areas near existing towns specially earmarked for allotment to displaced persons may he sold or leased for 99 years to displaced persons or Co-operative Housing Societies formed by such persons, in accordance with the following provisions:-

(i)       The sale or lease of the land shall be subject to the provisions of the first paragraph of section 68 of the Code.

(ii)      The land may be sold either by auction or by private arrangement. When a land is sold by private arrangement the purchase price shall be reserve price to be determined after taking into account the total price of the land acquired, the cost of the amenities to be provided on Government account and the areas to be left for purposes. When the land is leased, the lease shall be subject to the payment of occupancy price to be determined in the same manner as the purchase price.

(iii)     No displaced person, who has not registered himself under the Bombay Refugees Act, 1948, shall be entitled to purchase or take on lease a building site.

(iv)    No displaced person who owns a house or a building site in the State of Bombay or anywhere else in India either in the name of his wife or dependent children shall be entitled to purchase or take on lease a building site.

(v)      When land is sold on payment of the full price in one installment the occupant shall not, save with the permission of the Collector, be entitled to sell, assign or otherwise transfer (except by way of lease on monthly basis) any right, title or interest in the site purchased within eleven years from the date of sale.

(vi)    When the land is leased, the lessee shall not, save with the permission of the Collector be entitled to sell, assign or otherwise transfer his right under the lease within a period of thirty years from the date of the lease, but shall be at liberty to do so thereafter:

Provided that the transferee shall take the lease subject to the obligation of observing and fulfilling the conditions prescribed therein:

Provided further that the liability of the lessee under the lease shall-continue until-a written notice of such transfer signed by the lessee or his duly constituted agent is served upon the Collector or other officer authorised by the Collector to receive the same.

(vii)   The Collector may - permit the sale or other transfer under clause (v) or (vi) if he is satisfied that-

(a)      The occupant or the lessee has acquired agricultural land in a district other than that in which the site purchased or leased by him is situated;

(b)      The occupant or the lessee has set up his business in and shifted his residence to a place outside the district in which the site purchased is situated;

(c)      The occupant or the lessee has died and his heirs are unable, due to circumstances beyond their control, to use the land for the purpose for which it was taken:

Provided that the transferee shall undertake to abide by all the terms and conditions on which the site was purchased or taken on lease and provided further that the transfer or assignment is made to a displaced person eligible to hold land and at a price not exceeding the cost of the site (and of any building constructed thereon) plus any additional expenses incurred by the occupant.

(viii)  Building shall be erected on the site within such time and subject to such building regulations as may be directed by the State Government.

(ix)    The purchase price or the occupancy price in the case of a lease shall be paid in such manner as the Collector with the sanction of the State Government shall decide. Where the purchase price or the occupancy price is to be paid by installments, instalments shall be paid by the occupant or the lessee, as the case may be, on or before the tenth day of the calendar month in which it falls due by making a deposit in the Government Treasury and forwarding the challan to the Collector. If the occupant or the lessee fails to pay the amount within one month from the due date, interest at the rate of ten per cent per annum shall be charged on the amount in arrears from the date of expiry of the said one month till the amount in arrear is paid.

(x)      If the amount together with such interest thereon as shall be due be not paid within two months from the due or such further period not exceeding six months as the Collector may decide, or if the occupant or the lessee commits a breach of any of the" conditions annexed to the sale or lease, the Collector may-

(a)      resume possession of the land, and

(b)      forfeit the amount already paid towards the purchase price or occupancy price, as the case may be, and

(c)      recover the dues as arrears of land revenue.

(2)     Where the land is sold under this Rule an agreement in Form HHH-1 shall be taken from the purchaser and where the land is leased, a lease in Form HHH-2 shall be granted to the occupant:

Provided that the Collector may, with the sanction of the State Government, annex such additional conditions to, or omit or vary such of the condition, in the agreement or lease as he may think fit.

Rule - 43-D. Grant of land for industrial or other non-industrial purposes in town ships, colonies and areas earmarked for displaced persons.

(1)     Un-occupied lands suitable for industrial purpose or for other non-residential purpose in the new townships and colonies established by Government for displaced persons or in other areas near existing towns specially earmarked for allotment to displaced persons, may be sold either by public auction or by private arrangements to displaced persons or Co-operative Societies formed by such persons or to other persons in accordance with the following provisions:-

(a)      The, land shall be granted in perpetuity subject to the provisions of the Code.

(b)      Where the land has already been assessed for agriculture, the assessment shall be-altered in accordance with provisions of these rules as applicable to the locality.

(c)      Where the land has not been assessed, the Collector shall fix the assessment and alter assessment in accordance with the provisions of these rules.

(2)     Where any such land is sold under sub-rule (1) such sale shall be subject to the conditions specified in Form HHH-1 and an agreement in the said Form shall be taken from the purchaser:

Provided that the Collector may annex such additional conditions, to omit, or vary such of the conditions in the agreements as he thinks fit.

Rule - 43-E. Lease of lands for industrial or non-residential purposes in townships and colonies and areas ear-marked for displaced persons.

(1)     Unoccupied lands in the areas referred to in rule 43-D may be granted on lease either by public auction or by private arrangement to displaced persons or co-operative societies formed by such persons or to other persons for industrial purposes or other non-residential purposes:-

(1)     for a term not exceeding 30 years, and

(2)     at a ground rent equal to double the standard rate of non-agricultural assessment in force in the locality or at such ground rent which the Collector may in special cases or localities fix.

(2)     Where any such land is so leased, such lease shall be subject to such further conditions as the Collector may, with the approval of the State Government, impose and the lessee shall execute an agreement in such form as may be approved by the State Government.

Rule - 44. In hill stations.

In hill stations and other localities as the State Government may direct land shall not be granted for building except on such conditions as are considered desirable regarding the style of building, the period for construction and the observance of municipal or sanitary regulations. Such conditions should be embodied in the Instrument (Form H).

Rule - 45. Establishment of entirely new village site.

Where an entirely new village site is established, or an addition is made to an existing site, the disposal of the land therein shall be made under such of the rules 42, 43, 43-B or 44 as may be applicable.

Rule - 46. Substitution of a new village site for an old one.

Where a new village site is established, in lieu of a former one which it is determined for any reason to abandon, an agreement shall be taken in Form J. from each occupant before he is permitted under section 50 to enter into the occupation of any lot.

Rule - 47. Conditions of grant of land for non-agricultural purposes and alteration of assessment.

Where unoccupied land is granted for non-agricultural purposes the Collector shall annex such conditions to the grant as may be directed by the State Government or, in the absence of any order of the State Government, may annex such conditions thereto as he thinks fit; and where the land has already been assessed for the purpose of agriculture, the assessment of such land shall, in the absence of any order of the State Government to the contrary, be altered in accordance with the provisions of rule 81 to 85. Where it has not been assessed, its assessment shall be fixed by the Collector, as far as may be, in accordance with the principles laid down, for alteration of assessment in the said rules.

XXIV. (1) Where unoccupied land of the kind described in Rules 42 and 47 is to be disposed of, it shall, in the first Instance, be marked out in convenient lots and mapped in such a manner that persons desirous of becoming occupants may clearly know what plots are available.

(2) Due provision should be made in the plants for roads and approaches and access of air and light, and careful regard should be had to sanitary requirements.

XXIV-A. In growing important villages in which there are no municipalities before permission is given under sections 65 or 67 of the Land Revenue Code to use for building purposes, lands occupied and assessed for agriculture, the following regulations shall be followed in all the districts except Bombay Suburban District which has separate building regulations:-

(1)     The Collector shall from time to time select area in which on account of the existence or probability of development by the erection of permanent buildings for residential, business or factory purposes, special regulation of building is required.

(2)     Plans showing the boundaries of such areas should be maintained in the offices of the Collector, Prant Officers and Mamlatdar concerned.

(3)     Where necessary and especially when such areas contain undeveloped land, the Collector shall prepare a general layout of each such area sufficiently in advance to meet the probable demands of several years ahead for permission to use the land for building purposes. He shall obtain the assistance of the Consulting Surveyor in preparing such layouts in suitable cases. The layouts shall provide necessary roads for access and if possible also public open spaces. The points of entry of side roads into main roads shall ordinarily be not less than 200 yards from each other measured from the nearest points of the side roads.

(4)     In such areas, the Collector shall determine the minimum open space to be maintained within each building plot and appurtenant to each main building. Such space shall ordinarily be two-thirds of the plot but may be reduced to one-half when the land is of a very high value or the buildings are likely to be inhabited by the proper classes and to one-half in areas already densely built over such as bazaars and the central parts of towns where values of lands are very high. Such areas shall be separately shown on the plans maintained under regulation (2).

(5)     The Collector shall determine the maximum number of storeys which shall be permitted to be built over the ground-floor in any building in such area. The number of such storeys shall not, ordinarily exceed one in areas where the minimum open space required to be maintained is one-half of the plot.

(6)     When any part of any such areas selected under regulation (1) is in the vicinity of a railway station, the Collector shall consult the railway authorities as to the manner in which, and conditions on which development of the area for building purposes should be permitted.

(7)     In such select area-

(a)      no application for permission to use the land for building purposes will be entertained unless the applicant forwards with his application in site and elevation plans drawn to scale;

(b)      the grant of the permission shall ordinarily be subject to the following conditions:-

(i)       Buildings shall be allowed to be erected on the condition that the occupant provides for suitable access by an existing road or by a projected road which is in conformity with the development scheme.

(ii)      Normally every building to be built shall face the main road.

(iii)     In case of a chawl it shall not measure more than 100 feet in any direction.

(iv)    No building shall be erected within 30 feet of the boundary of main roads.

Note.-(1) The Collector shall define the main roads for the purpose of this regulation.

(2) The intention of this regulation is to provide generously for future widening of roads when motor traffic increases. Consequently, when a road has been declared a main road, this regulation should be enforced as strictly as possible.

(v)      No building shall be erected within 15 feet of the boundary of roads other than main roads.

(vi)    No building shall be erected within 10 feet of the perimeter of the plot.

(vi-a) An unenclosed porch for parking vehicles open on three sides except for a parapet wall on one side and attached to the main building shall, however, be permitted in one of the open spaces of the plot excepting rear open space, subject to the following conditions:

(1)     The porch shall be parallel to the main building and it shall not be more than one storey in height, 12 feet in length and 10 feet in width.

(2)     A minimum open space of 5 feet shall be maintained between the porch and the plot boundary on that side; and

(3)     Top of the porch shall not be used as a terrace.

(vi-b) Areas covered by the porch shall not be counted while computing the built over area of the plot.

(vii)   The distance between the main building and. the rear boundary of the plot shall not be less than 20 feet.

(viii)  When there is more than one building in a plot, the same open space shall be required round each main building' as if each main building was in a separate plot:

Provided that a ground-floor privy or a ground-floor out-house providing ancillary accommodation such as motor garage, servants quarters, kitchen and store-room appurtenant to the main building and detached there from, may be allowed to be erected in the rear of a plot subject to the condition of leaving 10 feet open margin from the rear boundary of the plot.

(ix)    In case of a residential building the plinth shall be at least 2 feet above the general level of the ground.

(x)      No side of a room used for residential purpose shall be less than 10 feet long. One side of every such room shall abut on the surrounding open land throughout its length.

(xi)    Privies shall be at the side or rear of the main building and not less than 10 feet from it. They shall be innocuous to the neighbours and they shall not be within 30 feet of a well and shall be screened from public view.

(xii)   No cesspool shall be allowed to be constructed unless there exists an agency for clearing them regularly and properly.

(xiii)  No cesspool shall be used or made within 100 feet of any well.

(xiv)  No khalkuwa or Khalkoti shall be used for the reception of night soil.

(xv)   No cattle shall be kept in any residential building. No stable or cattle shed shall be constructed within 10 feet of a residential building.

(xvi)  All buildings shall be of pucca construction, and no easily combustible materials shall be used in their construction.

(xvii) Where shops are built, the space between the shop and the road boundary shall be of hard material such as murrum of metal, levelled, well rolled and consolidated.

(xviii)   No addition to or alteration in a building shall be carried out without the previous written permission of the Collector.

(c)      The Collector may in exceptional cases permit deviation to a small extent from-any of the conditions referred to in clause (b).

Rule - 47-A.

[10][(1) The Collector may permit the construction or retention of a balcony or any other aerial projection over Government land on payment of an annual sum not exceeding 3 percent of the full market value of the land below the balcony or other aerial projection as the case may be, subject to a minimum of twenty five paise.]

(2)   The annual payment shall be revised-at intervals of not less than 30 years.

(3)   A license in Form JJ shall ordinarily be given for such purposes, subject to such additional conditions as the Collector may deem fit to impose.

Rule - 47-B.

(1)     The Collector or any other officer authorised by Government in this behalf may permit the construction or retention of a window or door overlooking or opening on Government land, on payment of annual sum of 50 paise for each window or door, as the case may be.

(2)     A license in Form JJA shall ordinarily be given for such purposes, subject to such additional conditions as the Collector or authorised officer with the previous sanction of Government may deem fit to impose.

SPECIAL RULES FOR CERTAIN CITY SURVEYED AREAS

Rule – 48.

[Deleted]

Rule – 49.

[Deleted]

Rule – 50.

[Deleted]

Rule – 51.

[Deleted]

Rule – 52.

[Deleted]

Rule - 53. Unoccupied building sites, etc., within municipal limits to be distinguished from lands forming part of public streets.

In municipal districts or boroughs, building sites and plots of open ground which have not been dedicated to public use or already transferred to the municipality, are hereby declared to the specially reserved by the State Government within the meaning of sub-section (2) of section 50 of the Bombay District Municipal Act, 1901 or sub-section (2) of section 63 of the Bombay Municipal Boroughs Act, 1925, as the case may be.

This reservation does not apply to small pieces of ground lying between the houses and the roadway in an irregular street or road of varying width, which should be recognised as forming part of the street and vesting in the municipality unless private individuals have rights thereto. But separate vacant sites between houses do not vest in the municipality even though they are unenclosed unless they have been transferred to the municipality by the State Government.

BOTH FOR AGRICULTURAL LAND NON-AGRICULTURAL GRANTS

Rule - 54. Form of written permission to occupy under section 60.

The permission in writing to be given by a Mamlatdar under section 60 to enable an intending occupant to enter upon occupation shall be in Form K, or Form KK.

XXV. No such permission shall be given until the Mamlatdar has ascertained that either a lease of an agreement has been duly executed and delivered under one of the rules 37 to 47, 51 or 52 as the case may be.

XXVI. The Mamlatdar who takes the said agreement will be held responsible for exercising due care in ascertaining the identity of the persons signing the same, and their fitness to be accepted as occupants responsible for the payment of land revenue notwithstanding that the agreements have been duly endorsed by witnesses.

DISPOSAL OF HADI LANDS IN THE NORTH KANARA DISTRICT

Rule - 54-A. Hadilands.

(1)     Hadi lands are lands in the district of Kanara assigned for use by and leased to the holders of lands on which spice or coconut gardens or rice crops are grown.

(2)     A Hadi land shall not be leased except to the holder of land in respect of which it is assigned.

(3)     Terms and conditions of the grant.-Every lease of a Hadi land shall be made subject to the following terms and conditions, namely:

(a)      The person to whom a Hadi land is leased, hereinafter referred to as 'the wahivatdar', shall execute an agreement in the appended form.

(b)      On the wahivatdar ceasing to be the holder of the land in respect of which the Hadi land is assigned, (hereinafter referred to as 'such land'), the lease of such land shall terminate and the wahivatdar shall cease to be entitled to any rights in respect of such land.

(c)      The wahivatdar shall not cut, remove, lop or damage in any way any teak, sandalwood, black-wood or ebony trees or sapling thereof growing on such land. He shall not knowingly or 'wilfully permit or' abet the cutting, removing, lopping or damaging of any such tree or sapling thereof by any other person. He shall forthwith report to the nearest revenue or forest officer any damage to, or loss of, any such tree or sapling thereof.

(d)      He shall not, except with the previous permission of the Mamlatdar, fell any of the living trees mentioned in the Schedule to this rule. Such permission may be granted by the Mamlatdar on an application made to him and on payment of Rs. 1 per tree to be felled, if the Mamlatdar is satisfied that the wood is required by the wahivatdar for his own use, either for an agricultural purpose or for the construction or repair of his house situated in or near such land.

(e)      The wahivatdar shall pay the assessment of such land.

(f)       The wahivatdar shall provide at his own expense flag holders and coolies at the time of measurement and classification of such land and shall erect or repair all necessary boundary marks of such land.

(g)      The wahivatdar shall not be entitled to sell or transfer his interest in such land to any other person.

(h)     If the Collector is at any time of the opinion that the rights conferred by this rule have been or are being abused, he may, subject to the general control of the Government suspend the exercise of all or any of the said rights or may permit their exercise on payment of such fees as may be fixed by him in this behalf. The Collector may at any time, subject to the sanction of the State Government, determine the lease and take possession of the land or any part of it if it is required for any public purpose. In such case, the Collector shall award to the wahivatdar compensation in respect of reasonable expenses, if any, incurred by him in erecting wall on such land. No compensation shall be payable in respect of the land itself. The decision of the Collector as regards the amount of compensation payable shall be final. For the purposes of this rule a declaration under the Signature of the Collector that the land is required for a public purpose shall be conclusive.

(i)       On breach of any of the conditions of the lease, the Collector may determine the lease and resume possession of the land.

(4)     Rights to be exercised.- The wahivatdar of a Hadi land may, subject to the provisions of this rule, exercise the following rights only in respect of such land, namely:

(a)      He may cut grass growing on such land for his own use.

(b)      He may clear or break up such land for the purpose of building cattle sheds of temporary huts, sinking wells, digging water channels, clearing paths, erecting threshing floors or sugar cane mills, storing grass, straw, grain, betel-nuts or manure, or growing young plants in a nursery,

(c)      He may burn undergrowth and lantana on such land provided that due care is taken to prevent the fire spreading to adjoining forests, if any.

(d)      He may remove clay, earth and stones for his own use but not for the purposes of manufacture, sale or barter:

(e)      He may remove flowers, fruits, leaves, thorns, fallen dead wood, honey and wax, for his own use but not for the purposes of manufacture, sale or barter.

(f)       He may graze his cattle on such land.

(g)      He may lop small sap shoots which do not grow into branches during the rainy season.

(h)     He may lop trees and shrubs for preparing manure.

SCHEDULE

1.        Balghe, Vitex altissima.

2.        Karimutal, Ougeniadalbergioides.

3.        Shiwani, Gmelina arborea.

4.        Hirda, Terminalia chebula.

5.        Honni, Pterocarpus marsupium.

6.        Jhall, Shoreatalura.

7.        Matti, Terminalia tomentosa.

8.        Nandi (Nana). Lagerstroemamicrocarpa.

9.        Phansas, Artoarpus integrifolia.

10.     Wonte, Artocarpus lakoocha.

11.     Bokli or Nanja, Mimusopselengi.

12.     Heddi, Adina cordifolia.

13.     Sagdi, Schleicheratrijuga.

14.     God Hunshi, Albizzia odoratissima.

15.     Holi Matti, Terminalia arjuna.

16.     Sampige, Flacourtiamontana

17.     Haiga or Kabsi, Hopeawightiana.

18.     Manjuti, AdenantheraPavonina.

19.     Surhonni, Calophyilumtomentosum.

20.     Hebbalsu or Patphanas, Artocarpus hirsuta.

21.     Jamba, XyliaXylocarpa.

22.     Mashi or phudgus, Alseodaphnesemicarpifolia.

23.     Kavanchi, Bridelia retusa.

24.     Kalam, Stephergyneparvifolia.

25.     Siris, Albizzia lebbek,

26.     Belati, Albizzia procera.

27.     Kharsing or Gensu, Stereospermumxylocarpum.

28.     Hongal or Kubul, Terminalia paniculata.

29.     Dadsal, Grewia tiliaefolia.

30.     Dindal, Anogeissus latifolia.

31.     Womb, Saccopetalumtomentosum.

32.     Devdarlal, Chikrasstatabularis.

33.     Dewdarpandra, Cedrela toona.

34.     Mhowra, Bassia latifolia.

35.     Moha or Ippi, Bassia longifolia.

36.     Bobbi or Irai, Calophylum, Wightianum.

AGREEMENT

An agreement made this...............day of......... Two thousand .................between the Governor of Bombay (hereinafter referred to as "the Government") of the one part and .............. inhabitant of .................. Taluka .......................(hereinafter referred to as "the wahivatdar" which expression shall include his heirs, executors, administrators and assigns) of the other part;

Whereas the wahivatdar has applied to the Government of Bombay (hereinafter referred to as "the Government") that the permission may be granted to him for occupation of the Hadi land comprised in survey No............area ...............assessment .................... attached to survey Nos. .................. in the village of................. in the taluka of............. (hereinafter referred to as "the said Hadi land") and that his name be entered in the Government records as the wahivatdar of the said Hadi land;

And whereas permission has been granted by the Government to the wahivatdar to occupy the said Hadi land subject to the terms and conditions hereinafter mentioned.

It is hereby agreed as follows:-

(a)      The wahivatdar shall pay the assessment of the said Hadi land fixed from time to time and the local fund cess.

(b)      The wahivatdar shall not permit the said Hadi land to be occupied by any person other than the holder of the land to which it is assigned.

(c)      On the wahivatdar ceasing to be the holder of the land in respect of which the Hadi land is assigned, the occupancy of the said Hadi land shall terminate and the wahivatdar shall cease to any rights in respect of the said Hadi land.

(d)      The wahivatdar shall not cut, remove, lop or damage in any way any teak, sandalwood, blackwood, or ebony trees or sapling thereof growing on the said Hadi land. He shall not knowingly or wilfully permit or abet the cutting, removing, lopping or damaging of any such trees or sapling thereof by any other person. He shall forthwith report to the nearest revenue or forest officer any damage to, or loss of, any such tree or sapling thereof.

(e)      The wahivatdar shall not, except with the previous permission of the Mamlatdar of ....................... (hereinafter referred to as "the Mamlatdar") fell any of the living trees mentioned in the Schedule to this agreement. Such permission may be granted by the Mamlatdar on an application made to him and on payment of Re 1 per tree to be felled, if the Mamlatdar is satisfied that the wood is required by the wahivatdar for his own use, either for an agricultural purpose or for the construction or repair of his house situated in or near the said land.

(f)       The wahivatdar shall provide at his own expenses flag holders and coolies at the time of measurement and classification of the said Hadi land and shall erect, maintain or repair all necessary boundary marks of the said Hadi land.

(g)      The wahivatdar shall not be entitled to sell or transfer his interest in the said Hadi land to any other person.

(h)     The Collector of..............(hereinafter referred to as "the Collector") may at any time, subject to...the sanction of the Government, determine the occupancy and take possession of the said Hadi land or any part of it as it is required for any public purpose. In such case, the Collector shall award to the wahivatdar compensation in respect of reasonable expenses if any, incurred by him in sinking a well on the said Hadi land. No compensation shall be payable in respect of the land itself. The decision of the Collector as regards the amount of compensation payable shall be final. A declaration under the Signature of the Collector that the land is required for a public purpose shall be conclusive.

(i)       The wahivatdar shall surrender the said Hadi land to the Government in case the garden or the other land to which it is assigned is sold away or in any way disposed of to any other person or is relinquished or possession thereof is otherwise transferred by him.

(j)       On breach of any of the conditions of this Agreement, the Collector may determine the occupancy and resume possession of the said Hadi land.

(k)      Subject to the provisions of this Agreement, the wahivatdar is entitled to the following rights in respect of the said Hadi land and no other, namely:-

(i)       He may cut grass growing on the said Hadi land for his own use.

(ii)      He may clear or break up the said Hadi land for the purpose of building cattle sheds or temporary huts, sinking wells, digging water channels, clearing paths, erecting threshing floors or sugar cane mills, storing grass, straw', grain, betel-nuts or manure, or growing young plants in a nursery. He may erect a wall round the said Hadi land for the proper protection of trees in it.

(iii)     He may burn undergrowth lantana on the said Hadi land provided that due care is taken to prevent the fire spreading to adjoining forests, if any.

(iv)    He may remove clay, earth and stones for his own use but not for the purposes of manufacture, sale or barter.

(v)      He may remove flowers, fruits, leaves, thorns, fallen dead wood, honey and wax, for his own use but not for the purposes of manufacture, sale or barter.

(vi)    He may graze his cattle on the said Hadi land.

(vii)   He may lop small sap shoots which do not grow into branches during the rainy season.

(viii)  He may lop trees and scrubs for preparing manure.

(l)       If the Collector is at any time of the opinion that the rights conferred by this Agreement have been or are being abused by the wahivatdar, he may, subject to the general control of the Commissioner.

Division, suspend the exercise of all or any of the said rights or may permit their exercise (of all or any of the said rights or may permit their exercise) on payment of such fees as may be fixed by him in this behalf.

(m)    At the determination of the said occupancy the wahivatdar shall quietly deliver to the Collector on behalf of the Government the said Hadi land.

(n)     The wahivatdar shall observe all the rules made by the Government of Bombay from time to time in respect of Hadi lands in the Kanara District.

SCHEDULE

SAME AS UNDER SUB-RULE (4)(H), HENCE NOT REPRODUCED

In witness whereof the Collector of.................. hath on behalf of the Governor of Bombay set his hand and the seal of his office and the (wahivatdar).................has also hereunto set his hand the day and year first above written.

Signed, sealed and delivered by......................Collector of.............in the presence of.................

Seal

Signed and delivered by the above named wahivatdar .................. in the presence of

EXCEPTIONAL CASES

Rule - 55. Disposal of land to which foregoing rules are inapplicable.

Unalienated land to which none of the foregoing rules are applicable and concerning which no other rules have been framed by the State Government, shall be disposed of in such manner, for such period and subject to such special conditions, if any, as the Collector deems fit.

Rule - 56. Special forms.

The forms appended to these rules shall be used where applicable, but where-a grant is made on special terms and none of such forms is suitable and a special form has not been sanctioned, the orders of the State Government shall be obtained regarding the form to be used.

Rule - 57. Records.

The document evidencing a grant shall be drawn in duplicate and one copy, which shall be retained by the Government Officer concerned or by the State Government, shall be signed by the grantee.

[11][CHAPTER VII-A SPECIAL PROVISIONS REGARDING OCCUPANCIES CONSISTING OF THE FORMER STATES OF PALANPUR, MALPUR, MAGODI, SATHAMBA, AMBALIARA AND IDAR IN THE BANASKANTHA, SABARKANTHA AND MEHSANA DISTRICTS

Rule - 57-A. Definitions.

In this chapter,

(1)     "Aghatparwana" means:

(a)      in relation to a Ravali land, a parwana granted under rule 18 of the rules made under the Palanpur Agricultural Rights and Succession Act, 1945;

(b)      in relation to a Deesa house site land, a parwana granted under the DeesaAghatHuk Rules, 1945 of the former, State of Palanpur on payment of the requisite Aghat fee under those rules;

(c)      in relation to a Ravali house site land, a parwana granted under the rules for the conferment of certain rights in respect of house site lands contained in notification No. 91, dated the 28th December, 1920 of the former State of Palanpur, on payment of an amount equal to twenty times the annual amount of rent as provided in the said rules;

(2)     "Deesa house site land" means house site land lying within the area formerly known as the Deesa cantonment area in the merged territories of the merged State of Palanpur;

(3)     "Existing tenure" in relation to any land to which this Chapter applies means the terms and conditions subject to which such land was held immediately before merger;

(4)     "GhartharHuk land" means land situate in the merged territories of the former State of Ambaliara and held under a parwana granted by the said State subject 'to the condition that the land shall be kept open;

(5)     "Khed-hukVechan land" means land held by an occupant in the merged territories of the former State of Sathamba, and in respect of which the occupant has acquired a transferable right under a parwana granted by the said State;

(6)     "Khed-huk Darbari land" means land held by an occupant in the merged territories of the former State of Sathamba on inalienable tenure;

(7)     "Khuntmapni land" means land situate in a village site in the merged territories of the former State of Idar and held under a parwana granted by the said State subject to the condition that the land shall be kept open;

(8)     "merger" means the cessation by the rules of an Indian State of full and exclusive jurisdiction and powers for and in relation to the governance of such State and the transfer of administration of such State to the pre-reorganisation State of Bombay under section 290-A of the Government of India Act, 1935;

(9)     "Occupant" in relation to Ravali laid means a Khatedar as defined in the Palanpur Agricultural Rights and Succession Act, 1945;

(10)   "Parwanawali land" means land held by an occupant in the merged territories of the former States of Malpur and Magodi in respect of which the occupant has acquired a transferable right under a parwana granted by the said State;

(11)   "ParwanaVagarni land" means land held by an occupant in the merged territories of the former States of Malpur and Magodi on inalienable tenure:

(12)   "Ravali land" means agricultural land held by an occupant in the merged territories of the former State of Palanpur subject to the provisions of the Palanpur Agricultural Rights and Succession Act, 1945 and includes a building appurtenant to such land or standing on land held on Ravali tenure and belonging to such occupant;

(13)   "Ravaliparwana" means a parwana granted in respect of Ravali house site or Wada land under the rules contained in notification No. 91, dated the 28th December, 1920, of the former State of Palanpur subject to the condition of payment of an annual amount for holding such land as provided in that notification;

(14)   "Ravali house site land" or "Ravali Wada land" means a house site land or Wada land, that is to say land appurtenant to a house held in the merged territories of the former State of Palanpur subject to the rules contained in notification No. 91, dated the 28th December, 1920, of the former State of Palanpur.

Rule - 57-B. Certain occupancies in certain merged territories to be heritable and transferable.

An occupancy consisting of,-

(1)     Ravali land held under an Aghatparwana,

(2)     Ravali house site land or Ravali Wada land held under a Ravaliparwana or Aghatparwana,

(3)     Parwanawali land,

(4)     KhedhukVechan land, or

(5)     Deesa house site land held under an Aghatparwana or in respect of which the occupant has paid fall Aghat fees in accordance with the DeesaAghatHuk Rules, 1945 of the former State of Palanpur but no Aghatparwana has been issued, shall continue to be heritable and transferable property within the meaning of section 73 of the Code.

Rule - 57-C. Occupancies of certain kinds of land not transferable.

(1)     An occupancy consisting of

(i)       Ravali land in respect of which the occupant has not paid the premium in accordance with the provisions of section 29 of the Palanpur Agricultural Rights and Succession Act. 1945 or has paid only a part of such premium.

(ii)      Ravali house site land or Ravali Wada land in respect of which a Ravaliparwana or Aghatparwana has not been granted.

(iii)     ParwanaVagarni land or

(iv)    Khed-huk Darbari land. shall continue to be heritable under the existing tenure.

(2)     In the case of an occupancy to which sub-rule (1) applies, if an application under the existing tenure was made before merger for the conversion of such occupancy into a transferable property, the occupancy shall become transferable property on payment of such amount as provided in rule 57-E, 57-F, 57-G or 57-H, whichever rule is applicable to the occupancy.

Rule - 57-D. KhuntMapni land and Ghartharland.

(1)     An occupancy consisting of KhuntMapni land or Gharthar land shall be heritable and transferable subject to the condition that the land shall be kept open:

Provided that the occupant may, with the previous permission of the Collector, use the land for any non-agricultural purpose subject to payment of the non-agricultural assessment.

(2)     If in contravention of the conditions annexed to the occupancy under the existing tenure, any construction has been made on such land, before the date of the commencement of this Chapter, then from the date of contravention, the land shall be liable to the payment of non-agricultural assessment.

Rule - 57-E. Acquisition of transferable right in Ravaliland.

(1)     If any Ravali land has been transferred in contravention of the conditions annexed to the tenure by the Palanpur Agricultural Rights and Succession Act, 1945, the transferee shall pay to the State Government an amount equal to two times the assessment of the land within a period of two years from the date of the Notice issued by the Mamlatdar to the transferee in that behalf and on such payment he occupancy shall be transferable.

(2)     If an occupant of Ravali land specified in clause (1) of rule 57-C after giving an intimation in that behalf to the Collector pays to the State Government.

(i)       an amount equal to two times the assessment of the land, or

(ii)      where he has already paid a part of such amount the balance amount within a period of two years from the date of such intimation, the Collector shall declare the occupancy to be transferable.

Explanation.- For the purpose of this rule "assessment" means the amount payable as land revenue under the provisions of the Palanpur State Land Revenue Code, 1947 as in force immediately before the application of the Bombay Land Revenue Code, 1879 to the merged territories of the former State of Palanpur.

Rule - 57-F. Acquisition of transferable right in Ravali house site and wadalands.

(1)     If an occupant of the Ravali house site land or Ravali Wada land wishes to have his occupancy converted into a transferable property, he shall make an application in that behalf to the Collector, and shall state in the application whether he is willing to pay annual rent at the rate specified in sub-rule (2) or an amount equal to twenty times the annual rent within a period of two years from the date of the application, either in lump sum or by installments, with interest at 5 per cent per annum.

(2)     The rate of annual rent shall be-

(a)      Where the area of the land does not exceed fifty square-meters

(i)       50 paise, if the land is situate in a first class village specified in Appendix-A,

(ii)      40 paise, if the land is situate in a second class village specified in Appendix A,

(iii)     30 paise, if the land is situate in a third class village specified in Appendix A;

(b)      Where the area of land exceeds fifty square meters

(i)       50 paise for the first fifty square meters and 40 paise for every additional twenty five square meters or part thereof if the land is situate in such first class village.

(ii)      40 paise for the first fifty square meters and 35 paise for every additional twenty five square meters or part thereof, if the land is situate in such second class village.

(iii)     30 paise for the first fifty square meters and 25 paise for every twenty five square meters or part thereof, if the land is situate in such third class village.

(3)     Where the occupant has expressed willingness to pay annual rent, he shall execute an agreement to that effect.

(4)     If the occupant executes such agreement or where the occupant being willing to pay an amount equal to twenty times the amount of annual rent, pays such amount within a period of two years from the date of the application made by him, the Collector shall declare the occupancy to be transferable.

Rule - 57-G. Acquisition of transferable right in ParwanaVagarni and KhedHuk-Darbari land.

If an occupant of a ParwanaVagarni land or KhedHuk Darbari land, after giving an intimation in that behalf to the Collector pays to the State Government within two years from the date of such intimation an amount payable by him in accordance with the conditions attached to the tenure for converting the land into a Parwanawali land or as the case may be, KhedHukVechan land, the Collector shall declare the occupancy to be transferable.

Rule - 57-H. Acquisition of heritable and transferable right in Deesa House site land.

In the case of any Deesa house site land to which rule 57-B does not apply but in respect of which the holder had applied for an AghatParwana under the DeesaAghatHuk Rules, 1945 but no decision was taken under rule 6 of the said rules, the holder may [12][by 31st December, 1970), and after giving an intimation in that behalf to the Collector, pay to the State Government an Aghat fee calculated at the rate specified in the table annexed hereto applicable to the land and thereupon the Collector shall declare the occupancy to be heritable and transferable.

TABLE

Rule - 57-I. Eviction in the case of unauthorised transfers of land.

(1)     If any Ravali house site land or Ravali Wada land or any interest therein has been transferred before the commencement of this Chapter or, is transferred after such commencement in contravention of the terms and conditions of the existing tenure, the holder thereof shall be summarily evicted from the land under section 79-A of the Code:

Provided that the Collector may grant the land to the holder on payment of an occupancy price equal to twenty times the non-agricultural assessment of the land.

(2)     In the case of any Deesa house site land, in respect of which-

(i)       no application for an AghatParwana was made within the period prescribed under the DeesaAghatHuk Rules, 1945, or

(ii)      no payment is made in accordance with the provisions of rule 57-H, the holder thereof shall be liable to be summarily evicted from the land under section 79-A of the Code:

Provided that the Collector-may grant the land to the holder subject to the payment of full market value thereof and the conditions laid down in rule 43.

Rule - 57-J. Provision of Bom. LXVII of 1948 not affected.

Nothing in this Chapter shall affect the provisions of the Bombay Tenancy and Agricultural Land Act, 1948"

[13][CHAPTER VII-B

Rule - 57-K. Definitions.

In this Chapter unless the context otherwise requires,

(a)      "Act" means the Bombay Land Revenue Code, 1879,

(b)      "Form" means a form appended to these rules,

(c)      "Section" means a section of the Act,

(d)      "to cultivate personally" has the same meaning assigned in sub-clause (6) of section 2 of the Bombay Tenancy and Agricultural Lands Act, 1948.

(e)      "Economic holding" has the same meaning assigned as in sub-clause (6-A) of section 2 of the Bombay Tenancy and Agricultural Lands Act, 1948;

[14][(ee) ''Scheduled Areas" means the Scheduled Areas of the State as referred to in clause (1) of Art. 244 of the Constitution of India.

(f)       Words and expressions used but not defined in these rules shall have the meaning assigned to them in the Act.

Rule - 57-L. Conditions and circumstances for transfer of land under section 73-AA(1) by the Collector.

(1)     [15][The District Panchayat] may sanction transfer of occupancy of tribal to any other tribal if the sale is at the market value and any of the following conditions are satisfied:-

(i)       The transferor is leaving the village permanently for settlement elsewhere for better means of livelihood; or

(ii)      The transferor is not rendered landless or without means of livelihood; or

(iii)     The transferor is unable to cultivate the land personally due to old age or physical or mental disability and there is no person in his family to undertake the cultivation of the land; or

(iv)    the land is being sold for recovery of dues specified in section 73-AB or other dues recoverable as arrears of land revenue; or

(v)      such land is being given in gift whether by way of trust, or otherwise, and such gift is made bona fide by the owner in favour of a member of his family or in accordance with the customs of the tribal people.

[16][(vi) the land is being sold for construction of a house of agricultural labourers and Small and Marginal farmers]

(2)     Where the permission is granted under any of the conditions specified in clauses (i) to (v) of sub-rule (1) of this rule or rule 3, such permission shall be subject to further condition that the person in whose favour the transfer of the land is made, shall cultivate the land personally. If the purchaser fails to cultivate the land personally within one year from the date on which he took possession or ceases, without Collector's permission to cultivate the land personally within five years from the date on which he took possession, the permission given shall be deemed to have been cancelled and the transfer shall be deemed to have been made without the previous sanction of [17][the District Panchayat], such permission shall be granted only if the tribal purchaser is holding landless than an economic holding and only upto such area as would not make him holding more than an economic holding.

(3)     [18][The District Panchayat] may sanction transfer of occupancy of tribal person to any non-tribal person if any of the following conditions are satisfied and only after obtaining, except for land required for industrial undertaking, [19][and except in case of clauses (iii) and (iv) below] the previous approval of the State Government.

(i)       The land has non-agricultural potentiality and is required for Commercial undertaking, Educational or charitable institution, a cooperative housing society or for such public purpose for bona fide use; or

(ii)      The transfer is in favour of a person who has been or is likely to be rendered landless on account of compulsory acquisition of his land for any public purpose; or

(iii)     The land being sold for recovery of dues specified in section 73-AB, or other dues recoverable as arrears of land revenue.

[20][(iv) the land is being sold for construction of a house of agricultural labourers and Small and Marginal farmers.]

(4)     [21][[22][The District Panchayat] or as the case may be [23][the District Panchayat] so far as scheduled Areas are concerned, may sanction transfer of occupancy of any land of a tribal to any-tribal or non-tribal, if the following conditions are satisfied:-

(i)       The land is acquired by a Tribal from non-tribal through his own means,

(ii)      The land is not granted to the tribal under any act or rules.]

Rule - 57-M. Notice to the transferee under clause (a) of sub-section (3) of section 73-AA.

The notice to be issued by [24][the District Panchayat], under clause (a) of sub-section (3) of section 73-AA to the transferee shall be in form K-1.

Rule - 57-N. Liability for payment of arrears of land revenue in respect of tribal occupancy on restoration to the tribal transferor under clause (a) of sub-section (3) of section 73-AA.

The tribal transferor to whom the occupancy is restored under clause (a) of sub-section (3) of section 73-AA, shall be liable to pay the arrears of land revenue in respect of such occupancy from the year in which such transfer was made to the revenue year in which the occupancy is restored to him in not more than 3 annual instalments as may be fixed by [25][the District Panchayat.]

Rule - 57-O. Period for intimation of acceptance of restoration of the possession of occupancy when the same is ordered to be restored under clause (a) of sub-section (3) of section 73-AA of the Act.

The tribal transferor shall intimate to [26][the District Panchayat] about his acceptance of the restoration of the occupancy within a period of ninety days from the date of communication of the order of the restoration by [27][the District Panchayat] under clause (a) of sub-section (3) of Section 73-AA.

Rule - 57-P. Occupancy price to be charged to the tribal transferor under sub-section (5) of section 73-AA.

(a)      The tribal transferor shall be granted occupancy under sub-section 5 of section 73-AA on payment of a nominal occupancy price of one Re for the first occasion and concessional occupancy price at three times the land revenue for the second and subsequent occasions, which should be paid within the period as specified by the Collector from the date of receipt of the notice from the Collector.

(b)      When the occupancy is to be granted to a tribal other than the tribal transferor under sub-section (5) of section 73-AA it shall be granted on payment of occupancy price which shall be twelve times the land revenue payable in respect of the land and when the occupancy is to be granted to a person 'other than a tribal it shall be granted on payment of market value of the land.

Rule - 57-Q. Distance for grant of occupancy under sub-section (6) of the section 73-AA.

A tribal residing within a distance of eight kilometers from the village in which the occupancy is situated shall be eligible for grant of occupancy under-sub-section (6) of section 73-AA of the Act, and when no such tribal intimates his willingness to purchase the occupancy, it shall be granted to other classes of persons in accordance with the priority and conditions laid down for disposal of Government Waste Lands.

Rule - 57-R. Form of declaration under clause (a) of sub-section (1) of section 73-AD and registration thereof.

The declaration required under sub-clause (a) of clause (i) of section 73-AD shall be in Form K-2 and shall be verified in the manner specified in the said Form.

Rule - 57-S. Manner of verification of declaration furnished under clause (a) of sub-section (1) of section 73-AD.

The declaration furnished under clause (a) of sub-section (1) of section 73-AD, shall be verified in the manner as a plaint presented under section 7 of the Mamlatdar's Courts Act, 1906.]

CHAPTER VIII TREES AND FOREST RIGHTS

Rule - 58. General reservations.

The extent to which the right of Government to trees is generally conceded to occupants under the third paragraph of section 40 shall be specified in the notification issued under rule 17. The said general concession will ordinarily extend to all trees, except the following:-

(a)      all road-side trees planted by or under the orders of Government;

(b)      teak, blackwood, and sandalwood;

(c)      trees, the produce of which has hitherto been disposed of by the State Government;

Provided that whenever any land is disposed of after the first introduction of a settlement of land revenue, such trees shall also be disposed of-under section 62;

(d)      any trees specially reserved in the terms of the grant of the land.

Rule - 59. Special reservations.

Trees in groves, trees round temples or places of encampment declared to be such by the Collector, and trees other than teak, blackwood or sandalwood, which for any reason are of special value or utility, shall be specially reserved at the settlement and entries to that effect made in the settlement records.

Rule - 60. Disposal of trees on occupied lands.

(1)     Subject to the provisions of rule 63 the disposal of trees on land occupied or being given out for occupation shall be regulated by the following sub-rules.

(2)     Of the trees to which the rights of Government are reserved, such number of kinds as the State Government may from time to time direct will be at the disposal of the Forest Department. Lists shall be kept for all occupied numbers, over the trees in which the Forest Department has any control or lien; the clearing of these numbers by the Forest Department shall be arranged in concert with the Collector, and every number when cleared shall be of Forest Department. In districts where there is no Forest Officer, these functions will be discharged by the Collector alone.

(3)     All other reserved trees shall be in charge of the Collector who may dispose of the same or of their produce as he may deem fit, subject to the general rules for the disposal of Government property.

(4)     In talukas in which the demarcation of forest has been completed when any unoccupied land containing jungle or valuable trees which have not been included in any forest reserve is granted to any' person for cultivation, the Collector may offer the trees, or such of the trees as he may see fit, to the occupant. If such person agree to purchase the same, the value shall be recovered from him by the Collector and credited as land revenue. If the occupant refuses to be under this sub-rule or sub-rule (3) then the forest Department should clear the land of trees.

(5)     In talukas in which the demarcation of forest reserve has not been completed, the Collector may, if he think fit, consult the Conservator of Forests before any land containing jungle of valuable trees is granted: and if any such land is granted to any person the provision of sub-rule (4) shall apply, in no case shall land be granted which is likely to be required for forests.

Rule - 61.

Whenever the right to unreserved trees in any land is at the disposal of the State Government simultaneously with such land all such trees shall invariably be disposed of to the same occupant who acquires the holding and not to any other person.

Rule - 62.

When the right of Government to the trees in a holding has been once disposed of to the occupant, or when all the reserved trees have been once cut and removed either-

(a)      at the grant of the land, or

(b)      after such grant, or

(c)      within five years before such grant, Government will have no further claim to trees, which may afterwards grow in the holding, or which may spring up from the old roots or stumps, so long as the land continues in occupation.

Rule - 63. Exception of reserved trees in varkas and beta lands in certain districts from rules 60-62.

(1)     Nothing in rules 60 to 62 inclusive shall be deemed to apply to varkas lands in the districts to Thana, Kolaba and Ratnagiri, and beta lands in the district of Kanara, or to any land in the Dindori taluka or the Peth taluka of the Nasik district or to any land on the bank of streams and nalas in the Godhara Taluka of the Panch Mahals District, or to any river-side jambul trees growing in occupied lands on the banks of the rivers Mula, Pravara, Mhais and Mhalungi in the Parner, Rahuri, Sangamer and Akola Talukas of the Ahmednagar Districts, or (Pending the completion of the acquisition of all occupied lands within the sanctioned demarcation limit of the forest in the Haveli, Purandhar, Junnar and Ambegaon Talukas of Poona District) and the Patan, Karad and Wai Talukas and the Shirala Peta of the Satara District to any teak trees in such unalienated land.

(2)     In the said lands the trees on which the rights of Government are reserved shall be available for cuttings to be made from time to time by or under the orders of the Forest Department, in consultation with the Collector.

(3)     The sale of any such tree or of the timber thereof will confer no right to the after growth from the root or stump of the tree so cut. The reservation of the rights of Government over the trees will extend to all such after growth also.

CHAPTER IX DISPOSAL OF GRAZING AND MINOR PRODUCTS OF LAND

Rule - 64. Sale of produce of Government trees.

(1)     The produce of Government trees may be sold by auction actually or for a period of years.

(2)     Where any such trees are sold under section 41, the sale shall be by auction or otherwise as the Collector may direct.

Rule - 65. Grazing and other similar produce to be ordinarily disposed of by sale for periods not exceeding five years.

(1)     The grazing and/or other produce of all unoccupied land vesting in Government whether a survey settlement extends to such land or not, and whether the same is assessed or not and of all land specially reserved for grass or for grazing (except land assigned to villages for free pasturage), may be sold by public auction or otherwise, as the Collector deems fit, year by year, or for any term not exceeding five years, either field by field or in tracts, and at such time as the Collector shall determine:

Provided that the purchasers' rights over such land shall entirely 'cease on the dates respectively fixed in the following table, unless under special circumstances, the Collector deems it necessary to alter the time so fixed:-

Rule - 66.

[Deleted].

Rule - 67. Removal of earth, stone, etc., by villagers for their own use without fee with the permission of the revenue patel.

(1)     With the previous permission in writing of the revenue patel, or where there is no such patel, of the mamlatdar, but without payment of fee (a) any potter or maker of bricks or tiles may, for the purpose of his trade, (b) any person may for his domestic or agricultural purposes remove earth, stone, kankar, sand, murum or other material from the bed of the sea or from the beds of creeks, rivers and nalas or from any unassessed waste land within the limits of the village in which he resides or in which the land for the benefit of which the materials are required is situated:

Provided that no such permission shall be given in respect of lands assigned as burial or burning grounds or for religious purposes.

(2)     Nothing in this rule applies to any case falling under rule 69, and where it appears to the revenue patel that any case of which application is made to him under this rule falls under rule 69 he shall refer the application to the Mamlatdar for orders.

Rule - 68.

(1)     With the previous permission in writing of the Mamlatdars the removal of stone etc. for building, well etc., within whose jurisdiction the stone, kankar, sand, murum or other material is situated but without payment of any fee, any person may, for the purpose of building a well or for his domestic or agricultural purposes but not for sale or personal gain, remove such material from any of the sources specified in sub-rule (1) of rule 67, provided that the value of the material to be removed does not exceed fifty rupees.

(2)     If any such material lies in a taluka other than the taluka in which the person resides, or in which the land for the benefit of which the material is required is situated then permission under sub-rule (1) shall be granted only with the concurrence of the Mamlatdar in whose jurisdiction such person resides or in which such land is situated.

(3)     Where the Mamlatdar refuses such permission when the same is applied for under sub-rule (1), an appeal shall lie to the Sub-Divisional Officer.

Rule - 69. Excavation.

(1)     In any case where excavation of the soil is likely to damage or destroy any valuable building or any land required' for any special or public purpose or any boundary mark, the previous sanction of the Mamlatdar to any such removal shall be required and he shall refuse permission to the extent necessary to prevent such damage or destruction.

(2)     Ports.- No Patel or Mamlatdar may permit removal under rule 67 or 68 from land within Port limits, or on the banks or shore of any port without the written concurrence of the "Collector of Salt Revenue" and under such conditions, if any, as he may impose.

(3)     Bricks etc.- In any case where it appears to the Mamlatdar that the trade carried on by any potter or maker of bricks or tiles is sufficiently extensive and lucrative to render such a charge fair and equitable he shall refer the case to the competent officer under the Bombay Minor Examination Rules, 1955, for being dealt with under those rules:

Provided that no such fees shall be charged in areas to which rule 82-A has been applied.

(4)     In such cases or localities as he thinks fit, the Collector may prohibit the Mamlatdar or the revenue patel from giving permission without obtaining his previous sanction; and in any such case all applications for permission shall be referred by the Mamlatdar for the Collector's order.

(5)     Where the revenue patel refuses permission when the same is applied for under rule 67 or does not refer the application to the Mamlatdar under sub-rule (4) an appeal shall lie to the Mamlatdar.

Rule - 70. Removal of earth etc., from village tanks.

Any person may, with the sanction of the revenue patel, take free of all charge from village tanks as much earth, stone, kankar, sand, murum or other material as he requires: provided that no stone shall be removed that may have fallen from the banks of built tanks, and that no excavation shall be made within 5 meters of the embankment of any such tank.

CHAPTER IX-A DISPOSAL OF WATER VESTING IN GOVERNMENT

Rule - 70-A. Subject to the provisions of rule 70-AA.

No person shall without the previous permission in writing of the Collector or the Mamlatdar duly authorised by him in this behalf make use of any water which is the property of the (Government) for the purpose of irrigating his land unless:

(i)       a water rate is levied for the supply of water to the land under the Bombay Irrigation Act, 1879; or

(ii)      the land is assessed for the advantages accruing to it from such water under the Bombay Land Revenue Code, 1879, or

(iii)     the land is subject to an existing 'nala chad' on account of irrigation by means of a budki or pumping plant or any other contrivance.

Rule - 70-AA.

The Collector or the Mamlatdar as the case may be, on the receipt of an application:-

(a)      shall send to the applicant a written acknowledgment of its receipt, and

(b)      may, after due enquiry, either grant or refuse the permission applied for, provided that, when the Collector or the Mamlatdar fails to inform the applicant of his decision within a period of fifteen days from the receipt of the application, the permission applied for shall be deemed to have been granted.

Rule - 70-B.

The Collector (or the Mamlatdar, as the case may be) shall before granting permission under rule 70-A for the use of water which is the property of the (Government) take into consideration the interests of all person already authorised to use such water.

Rule - 70-C.

The Collector (or the Mamlatdar as the case may be) may grant the permission subject to the payment of such water rate, if any, as he may deem fit to impose having regard to the general or special orders passed by the State Government for the levy of water rates for occasional irrigation under section 55 of the Bombay Land Revenue Code, 1879.

Rule - 70-D.

Any-person who without the previous permission of the Collector or the Mamlatdar in writing or before the expiry of fifteen days from the date of receipt of his application by him makes use of any water which is the property of the Government for the purpose of irrigating any land shall be liable to pay such water rate not exceeding Rs. 125 per annum per hectare of land so irrigated as the Collector or the Mamlatdar as the case may be deem fit to impose.

Rule - 70-E.

The water rates payable under rules 70-C and 70-D shall be recoverable as arrears of land revenue.

Rule - 70-F.

[28][No person or Railway Administration shall without the previous permission in writing of the Collector obtained by applying to him in writing thereof use for any non-agricultural purpose any water the right to which vests in the Government in respect of which no rate is leviable under the Bombay Irrigation Act, 1879 (Bom. V of 1879) or any other law in force corresponding thereto.

Rule - 70-G.

The Collector on receipt of an application under rule 70-F may, after due inquiry particularly in respect of:-

(a)      the exact location of intake works,

(b)      the brief description of intake works,

(c)      the daily and annual consumption of water proposed to be utilised, and

(d)      the fact whether the grant of such permission would cause hardship to human beings and animals for drinking purposes especially when scarcity is apprehended during any period of the year, and after satisfying himself whether it is in the public interest to do so, by order to grant or refuse the permission asked for:

Provided that, if the Collector fails to inform the applicant of his order within a period of three months from the date of receipt of the application, the permission applied for shall be deemed to have been granted and shall continue to be valid, until it is revoked or modified at any time.

Rule - 70-H.

The permission granted under rule 70-0 shall be subject to the payment of rates, if any as hereinafter provided, namely.-

(a)      Where water is required for any commercial or industrial purpose, the rates therefor shall be chargeable at a flat rate of 101 rupees per annum irrespective of the quantity of water taken for the first five years from the date of commencement of functioning of the commercial concerns or industries, whether they are undertaken either by private, public or joint sector and thereafter at 2 rupees per 250 Kilolitres, provided the commercial concerns or industries concerned make their own arrangements for drawing water for the commercial or industrial purposes from any river.

(b)      Where water is required for the purposes of a Railway Administration:-

(i)       If the water is permitted to be taken from a river or a canal or from a storage work not constructed or maintained by Government, the rate chargeable shall be 1 rupee per 250 kilolitres.

(ii)      If the water is permitted to be taken from a tank constructed or maintained by Government or from a river or canal getting its supply from a storage reservoir so constructed and maintained, the rate shall be 6 rupees per 250 kilolitres.

(c)      Where water is required for the purposes of a municipality or local authority:-

(i)       If the water is taken for drinking or domestic purposes from a natural source vesting in Government upon which Government has not spent anything, no charge shall be levied-for the water so taken;

(ii)      If water is taken from any source for industrial purpose or for any purpose of profit to the municipality or other local authority or when water is taken for drinking or domestic purpose from a storage reservoir or other work constructed by Government the rate chargeable shall be 2 rupees per 250 kilolitres.

Rule - 70-I.

Notwithstanding anything contained in rule 70-H if the water is taken with the previous permission of the Collector by persons who have entered into contract for the purposes of the Public Works Department of Government in pursuance of any contracts entered into by them for the construction of development work or other such works, the rate shall be charged according to the following table.

TABLE

Rule - 70-J.

Any person, or Railway Administration who or which uses any water which is the property of the Government for any commercial or industrial purposes without the previous permission of the Collector in writing shall be liable to pay in addition to the requisite rate, such extra rate not exceeding five times the requisite rate as the Collector may determine.

Rule - 70-K.

The rates payable under rule 70-H, 70-I, 70-J shall be recoverable as arrears of land revenue.

Rule - 70-L.

Where any doubt or dispute arises about the quantity of water used by any persons or Railway Administration or the rate chargeable therefor, opinion of the Executive Engineer of the district concerned shall be obtained and such opinion shall be final and no appeal shall lie in respect thereof.]

CHAPTER X ALLUVION AND DILUVION

Rule - 71. Holders of land with shifting boundaries may occupy up to such boundaries.

When a holding is bounded on any side by the bank or shore of a river, creek or nala or of the sea, the holder will be permitted, subject to the provisions contained in sections 46. 47, 63 and 64, to occupy and use the land up to such bank or shore, notwithstanding that its position may shift from time to time.

Rule - 72. The Collector to dispose of claims under section 47.

(a)      Claims to decrease of assessment on account of diluvion under section 47 shall be disposed of by the Collector.

(b)      It shall be the duty of the village officers to ascertain and to record the increases due to alluvion and losses due to diluvion in every holding subject to such changes. They shall also report to the Mamlatdar for orders when the area of any newly formed alluvial or island, or of any abandoned river bed, or land lost by diluvion exceeds the limits prescribed in secs. 46, 47 and 64.

CHAPTER XI ASSIGNMENT OF LAND FOR SPECIAL PURPOSES

Rule - 73. Cattle stands and dhobis' and potters' grounds.

(1)     Gur-charan (gairan) or grazing ground for cattle, burial and burning grounds, spots near villages on which the village cattle stand, and lands for the use of village dhobis and potters, and for other recognised public needs may be assigned by the Collector for these purposes respectively, according to the reasonable requirements of the villagers without charge; and he may for sufficient reasons at any time revoke such assignment.

(2)     Orders under this rule shall be passed in writing and recorded.

CHAPTER XII RELINQUISHMENTS

Rule - 74. Endorsement as to identity required below rajinamas.

(1)     Every notice given under section 74 shall be in Form L and the declaration below the notice shall be subscribed by two respectable witnesses.

(2)     The Mamlatdar who receives any such notice will be held responsible for exercising due care in ascertaining the identity of the person who has signed the same notwithstanding that such notice has been duly endorsed as hereinbefore required.

XXVII. All notices received under section 74 shall be kept in the records of the village accountant until the expiry of one year after the end of the year in which they were given and afterwards in the records of the Mamlatdar for at least 12 years. Entry will at once be made in the Diary of Mutations and certified in due course; this will ensure sufficient record.

Rule - 74-A.

(1)     Subject to the provisions of section 74 and 76 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879), the holder or holders of any land held for service intending to relinquish the same or any part thereof, that is, to resign or surrender it in favour of Government, shall make an application to the Collector of the district in which such land or part thereof is situate. Such application shall be in writing and shall be signed by the holder or, if there are joint holders, by all such joint holders. If the land is held hereditarily for service, the application shall be accompanied by the consent in writing of all persons who may, at the date of the application, have a present hereditary interest in the land.

(2)     If the holder or any of the joint holders or any person having the present hereditary interest is affected with a legal disability, the application or consent as the case may be, shall be signed by his legal representative entitled to act or enter into contracts on his behalf.

Rule - 74-B.

On the receipt of such application, the Collector may, after holding an inquiry himself or causing such inquiry to be held by an officer not lower in rank than a Mamlatdar or Mahalkart, and on being satisfied that the requirements of sub-rule (1) have been duly complied with, direct that the land shall, subject to rights, encumbrances or equities (other than those of Government, the applicant and any other person consenting to the relinquishment) lawfully subsisting in favour of any person, be entered in Government records as unalienated unoccupied land, and the land shall thereupon cease to be land held for service. The Collector may grant permission to occupy the said land or any portion thereof to any person who made or, consented to the relinquishment on such terms and conditions as he thinks fit.

CHAPTER XIII RESTRICTIONS ON USE OF LAND

Rule - 75. Cultivation of unarable land in survey number when prohibited.

(1)     Land included as unarable (pot kharah) in a survey number assessed for purposes of agriculture only is of two kinds:-

(a)      that which is classed as unfit for agriculture at the time of survey including the farm building or threshing-floors of the holder;

(b)      that which is not assessed because it is reserved or assigned for public purposes: or because it is occupied by a road or recognized footpath, or by a tank or stream used by persons other than the holder for irrigation or for drinking or domestic purposes, or used for a burial or burning ground by any community, or by the public; or because it is assigned for village potteries.

(c)      Class (a) may be brought under cultivation at time by the holder and no additional assessment shall be charged therefor.

The cultivation of class (b) is hereby prohibited under section 48, sub-section (3):

Provided that this prohibition shall not apply in the case of a tank or stream when such tank or stream is used for irrigation only and waters only land which is in the sole occupation of the holder, or when the privilege of cultivating the dry bed of the tank or stream has been specially conceded to the holder.

Rule - 76.

(1)     No occupant of unalienated land, whether assessed for any purpose or not, shall use the same or any part thereof for the manufacture of salt without the previous permission in writing of the Collector of the district.

(2)     The Collector may, in consultation with the Collector of Central Excises and Salt Revenue, Bombay, grant permission for the use of such land for such purpose, subject to the payment of non-agricultural assessment leviable on the land, and to such further conditions as the Collector may, subject to the general' or special orders of the State Government, impose.

Rule - 77. Removal of earth, stone etc. prohibited, if injurious to cultivation and for purposes of trade, etc.

Save as provided in sec. 65 and rule 76, no occupant of land assessed or held for purposes of agriculture only and no person claiming under or acting by authority of any such occupant, shall excavate or remove earth: stone other than loose surface stones, kankar, sand, muram or any other material of the soil thereof, or make any other use of the land (a) so as, in the opinion of the Collector, thereby to destroy or materially injure the land for cultivation or (b) for purposes of trade or profit or any other purpose except his own domestic or agricultural purposes.

Rule - 78. Removal of earth, stone, etc., from building site prohibited except on certain conditions.

No holder of land assessed or held as a building site, or leaseholder of a building site in a hill station, and no person claiming under any such holder or lease-holder, shall, subject to any special provision in the conditions annexed, to his holding under section 62, section 67 or otherwise, or prescribed by his lease, excavate or remove for a purpose whatever earth stone other than loose surface stones, kankar, sand, murum or any other material of the soil thereof, except with the previous permission in writing of the Collector, and in accordance with such terms (including the payment of fees for any such excavation or removal) as the Collector in each case thinks fit to prescribe having regard to the provisions of the Bombay Minor Mineral Extraction Rules, 1955.

Rule - 79. Excavation of unalienated land within site of village, town or city prohibited except for certain purpose.

(1)     No unalienated land within the site of city, town or village shall be excavated without the previous written permission of the Collector, for any purpose except the laying of foundations for buildings, the sinking of wells and the making of grain-pits.

(2)     When permission is granted by the Collector to excavate any such land as aforesaid for any purpose other than those above mentioned, such excavation shall not be made otherwise than in accordance with such terms (including the payment of fees for any such excavation) as the Collector in each case thinks fit to prescribe having regard to the provisions of Bombay Minor Mineral Extraction Rules, 1955.

Rule - 79-A. Period for filing an application.-

[29][(1) An application for compensation under clause (a) of sub-section (5) of section 69-A of the Act shall be made on or before [30][31st December, 1990 ].

(2)   Application for compensation under clause (d) of sub-section (5) of section 69-A of the Act shall be made in Form L-I.]

CHAPTER XIV IMPOSITION AND REVISION OF NON-AGRICULTURAL ASSESSMENT ALTERATION OF ASSESSMENT IN THE CASE OF UNALIENATED LANDS

Rule - 80. Alteration of assessment when land assessed or held for agricultural purposes is used for non-agricultural purposes or when land assessed or held for non-agricultural purpose is used for another non-agricultural purpose.

[31][Where unalienated land assessed or held for purpose of agriculture only is subsequently permitted or deemed to have been permitted to be used, or is used, for any purpose unconnected with agriculture, or where unalienated land assessed or held for a non-agricultural purpose is subsequently permitted or deemed to have been permitted to be used, or is used, for any other non-agricultural purpose, the assessment upon the land so permitted or deemed to have been permitted to be used, or, as the case may be, so used shall (except in cases provided for in rules 43, 76 and except as otherwise directed by the State Government) be altered under sub-section (2) of section 48 and such alteration shall be made by the Collector in accordance with the rules contained in this Chapter.]

Rule - 80-A.

[32][Ommited]

Rule - 80-AA. Revision of non-agricultural assessment of lands in merged territories.

Where non-agricultural assessment in respect of any land held or used for any non-agricultural purpose in merged territories and merged areas has been fixed in accordance with the law prevailing in such territories immediately before their merger, then irrespective of the facts whether or not the term for which such assessment is payable has been fixed or whether where such term has been fixed but the term has not expired, it shall be lawful for the Collector to revise from time to time the rate of non-agricultural assessment on such land in accordance with the rules contained in this chapter.

Explanation.- For the purposes of these rules the expression "merged area" shall have the meaning assigned to it in clause (1) of section 2 of the Bombay Merged Areas (Amendment of laws) Act, 1949 (Bom. XXX of 1949).

Rule - 80-AAA. Revision of non-agricultural assessment.

[33][Where non-agricultural assessment in respect of any land held or used for any non-agricultural purpose has been fixed at the rate in force immediately before the coming into force of the Gujarat Land Revenue (Amendment) Rules, 1977 then irrespective of whether or not the term for which such assessment is payable has been fixed or whether such term, if it has been fixed has not expired, it shall be lawful for the Collector to revise from time to time the rate of non-agricultural assessment in respect of such land in accordance with the rules contained in this Chapter.]

Rule - 80-B.

When land which 'is held or used for any non-agricultural purpose is assessed under the provisions of section 52, such assessment shall be fixed and revised by the Collector from time to time in accordance with the rules contained in this Chapter.

Rule - 81. Ordinary rates of non-agricultural assessment.

[34][(1) For the purpose of determining generally the rate of non-agricultural assessment leviable, the Collector shall from time to time by a notification in the Official Gazette, divide villages, towns and cities into the following classes, namely:-

Class A: The cities of Ahmedabad, Vadodara, Surat, Rajkot, Bhavnagar, Jamnagar, Gandhinagar and area within limit of Ahmedabad Urban Development Authority (AUDA), Vadodara Urban Development Authority (VUDA), Surat Urban Development Authority (SUDA), Rajkot Urban Development Authority (RUDA), Bhavnagar Area Development Authority (BADA), Jamnagar Area Development Authority (JADA), Gandhinagar Urban Development Authority (GUDA) and Junagadh Municipal Corporation and five kilometres peripheral area of the Junagadh Municipal Corporation.

Class B: Cities and Town other than those classified in class A above; and having a population exceeding one lakh and peripheral area of one kilometres adjoining to these cities and towns.

Class C: All areas other than class A and Class B above.

Explanation I.- For the purpose of this rule, "population" means population as ascertained at the last preceding census of which relevant figures have been published.

Explanation II.- Where villages, town or city or any part thereof falling in a particular class on the basis of its population also falls within the adjoining peripheral area of another city, town or village specified in relation to such other city, town or village falling in a different class then that village, town or city, or part thereof shall be reckoned in that one of such two classes where higher rates of non-agricultural assessment are applicable.]

[35][(2) The assessment shall then be fixed by the Collector on the lands used for non-agricultural purpose with reference to the nature of the non-agricultural use of such land at a rate shown in Table appended hereto with effect from 1st August, 2007.

TABLE

RATE PER SQUARE METRE PER ANNUM IN PAISE ON LANDS SITUATED IN VILLAGES, TOWNS OR CITIES AS CLASSIFIED IN SUB-RULE (1)