MAHARASHTRA LAND REVENUE (NISTAR PATRAK AND REGULATION OF FISHING) RULES, 1973

[MAHARASHTRA LAND REVENUE (NISTAR PATRAK AND REGULATION OF FISHING) RULES, 1973][1]

Rule - 1.Short title.

These rules may be called the Maharashtra Land Revenue (NistarPatrak and Regulation of Fishing) Rules, 1973.

Rule - 2.Definitions.

In these rules -

(a)      Code means the Maharashtra Land Revenue Code, 1966;

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

(c)      section means a section of the Code;

(d)      village" means a village in relation to which a NistarPatrak is prepared or is being prepared.

Rule - 3.Form of NistarPatrak.

Subject to the provisions of Sections 22, 161, 162 and 163, the Collector shall prepare a draft of a NistarPatrak in Form A.

Rule - 4.Preparation of NistarPatrak.

(1)     In preparing a NistarPatrak, the Collector shall, as far as possible, determine -

(a)      the terms and conditions on which free grazing of cattle in a village will be permitted;

(b)      the terms and conditions on which and extent to which any resident of the village may obtain -

(i)       wood, timber, fuel or any other forest produce;

(ii)      mooram, kankar, sand, earth, clay, stones or any other minor mineral;

(c)      the concessions to be granted to the village craftmen for the removal of forest products and minor minerals for the purpose of their craft.

(2)     The Collector may -

(i)       alter, substitute, or adjust in a suitable manner the area of land reserved for any purpose as the circumstances of the case or the interest of the community as a whole may require;

(ii)      form grazing timber, and fuel nistar zones in respect of more than one village;

(iii)     record mutual rights of neighbouring villages over the lands of each other;

(iv)    provide for any concession ordered by the State Government.

Rule - 5.Publication of NistarPatrak.

After the draft of the NistarPatrak is prepared, it shall be published, together with a notice in Form B inviting objections or suggestions from the residents of the village and specifying a date (which shall be not less than 15 days after the date of publication) on which and the place (which may be the village Chavdi or any suitable centre in the locality) at which the objections or suggestions shall be considered. Such publication shall be done not only in the village for which the NistarPatrak is prepared but also in other villages affected by it. Publication under this rule shall be done by posting copies on the notice board of Taluka Office and at the village Chavdi concerned; and also by beat of drum in such village.

Rule - 6.Enquiry into objections.

On the date and at the place specified in the notice, the Collector shall enquire into the objections or suggestions, if any, and pass orders thereon.

Rule - 7.Decisions on objections.

After the objections or suggestions, if any, are considered and disposed of, the Collector may make such modifications in the NistarPatrak as he may deem necessary in the light of his decisions on the objections and suggestions and accordingly, finalise the NistarPatrak.

Rule - 8.Promulgation of final NistarPatrak.

The final NistarPatrak shall be read out in the village or at suitable centres, and a copy thereof shall be kept at the village Chavdi or such other suitable place in the village as may be fixed by the Collector.

Rule - 9.Government tanks where fishing prohibited.

No fishing shall be permitted in,-

(a)      any Government tank or ghat exclusively used or reserved for drinking water, except where fishing is done in a small boat with the help of nylon-grill net;

(b)      any Government tank used for watering cattle, whenever the Collector forbids fishing in such tank on account of actual or anticipated scarcity of water, except where the depth of the water is more than 121.92 centimetres (or 4 feet) and where the fishing is done with the help of nylon-grill nets;

(c)      any Government tank used for pisciculture by the Department of Fisheries, except on such terms and conditions as the Director of Fisheries may impose;

(d)      any ghat exclusively used or reserved for bathing, or as a sanctuary ghat on which fish are fed on religious grounds, in any Government tank not falling under any of the categories (a), (b) or (c);

(e)      any tank stocked with carps, except with the permission of the Director of Fisheries;

(f)       in any Government tank in which the work of fishery development is done by the Department of Fisheries or by a Co-operative Society except on such terms and conditions as may be imposed by the Director of Fisheries.

Rule - 10.Procedure for granting fishing rights in Government tanks.

(1)     Where it is proposed to grant the right to fish and carry away the fish caught in any Government tank under a permit referred to in sub-section (2) of Section 166, the Tahsildar shall consult with the village panchayat, and where there is no village panchayat with the adult villagers and the local or the District Officer of the Department of Fisheries.

(2)     In deciding whether or not any such fishing rights in respect of any tank should or should not be granted regard shall be had to -

(a)      the opinion of the village panchayat, or as the case may be, of the villagers, the local or the District Officer of the Department of Fisheries; and

(b)      the claims of the local fishermen who have been holding such rights in the past:

Provided that, preference shall be given to co-operative societies of fisher­men in the village or area in which the tank is situate and if there are no such co-operative societies or if any of the co-operative societies functioning in the village are not interested in being granted fishing rights, then to the fishermen who, in the opinion of the Collector, have in the past taken interest to fishery development either by duly fishing in tanks or stocking such tanks with better varieties of baby fish or by raising fish-seed or netting grown up fish either by groups themselves or through their co-operative societies.

Rule - 11.Grant of fishing right.

(1)     The right to fish and carry away the fish caught in any Government tank may be granted under a permit in Form C, and shall be for a period of not less than five years by negotiation with the co-operative societies of fishermen or the other persons referred to in Rule 10, and if such societies or persons are not forthcoming or are not agreeable to the terms and conditions of the grant, then the aforesaid rights shall be disposed of by auction.

(2)     The fees to be paid in respect of the permit shall be fixed on the basis of average realisations of the past three years excluding realisations which in the opinion of the Tahsildar are abnormal.

(3)     The grant shall be subject to the condition that the existing nistar rights of the villagers shall not be interfered with and that in case of any dispute, the order passed by the Collector shall be final.

Rule - 12.Saving.

Nothing contained in these rules shall be deemed to affect the validity of any NistarPatrak prepared in respect of any land and in force immediately before the commencement of these rules or any licence, permit or lease for fishing in Government tanks granted and in force immediately before such commencement; and any such NistarPatrak shall continue to be in force till a new NistarPatrak is prepared in accordance with the provisions of these rules, and any such licence, permit or lease shall continue in force till the expiry of the period for which it was granted.