(No. 11 of 1952) An Act to provide for the resumption of all
Jagir-lands in the State and for certain other measures of land reforms. Be it enacted as follows : CHAPTER I Preliminary (1)
This Act may be called The Abolition of Jagirs and
Land Reforms Act, 1952 (Vindhya Pradesh). (2)
It extends to the whole of [1][Vindhya Pradesh
Region]. (3)
It shall [2][come into force on such
date] as the State Government may, by notification in the Official
Gazette, appoint. (1)
In this Act, unless the context otherwise requires- (a) 'agricultural
year' means the year beginning on the 1st day of July and ending on the
30th day of June next following; (b) 'Land Reform
Commissioner' means a person appointed by the State Government to perform
the functions of a Land Reform Commissioner under this Act; (c) 'Jagirdar' means
any person recognised as a Jagirdar under any law, rules, regulations, or
orders governing Jagirdar in force in any part of the State and includes an
Illakedar, a Pawaidar, a Sub-Pawaidar (in direct relation with the Government
or otherwise), an Ijaredar, an Ubaridar, a Zamindar, a Muafidar and a Grantee
of Jagir-land from a Jagirdar; (d) 'Jagir-land' means
any land in which or in relation to which any Jagirdar has rights as such in
respect of land revenue or any other kind of revenue; (e) 'Khudkasht' means
any land cultivated personally by a Jagirdar; (f) 'land
cultivated personally' means land cultivated on one's own account- (i) by one's own
labour; or (ii) by the
labour of any member of one's family; or (iii) by servants
on wages payable in cash or kind (but not in a share of the crops) or by hired
labour under one's personal supervision or under supervision of any member of
one's family: Provided that in the case of a person who is
a widow or a minor or is subject to any physical or mental disability or who is
in service as a member of the armed forces of the Union, land shall be deemed
to be cultivated personally even without such personal supervision; (g) 'prescribed' means
prescribed by rules made under this Act; (h) 'State' means
the [3][Vindhya
Pradesh Region]; (i) [4][***] [5][(i-i) 'Tahsildar' includes
an Additional Tahsildar appointed under Section 4-A and a Naib-Tahsildar
whether exercising the powers of a Tahsildar or not]; (j) 'tenant' includes
a sub-tenant and a crop sharer [6][but does
not include a person who under any arrangement with a Jagirdar or tenure-holder
is entitled to a right merely to a share in produce grown on the land in
consideration of such person assisting or participating with the Jagirdar or
tenure-holder in the actual performance of agricultural operation]; (k) 'village' means
any local area recorded as a village in the revenue records of the district in
which it is situate; (l) 'village
rate' means the rate fixed for a particular class of soil in the current
settlement and in an area which has not been brought under settlement, the rate
fixed by the [7][Collector],
after taking into consideration the prevailing rate for similar class of soil
in village or surrounding villages. (2)
Words and expressions used but not defined in this
Act shall have the same meaning as is assigned to them in the Rewa Land Revenue
and Tenancy Code, 1935; Ajaigarh State Land Revenue Act No. Ill of 1947; Maihar
Raj Kanoon Mai; Kanoon Lagan and Malguzari Riyasat Chhatarpur; Model Land
Revenue and Tenancy Code, 1947; Orchha Rajya Jagirdari Vidhan (Act No. IV of
1941); or Panna Land Revenue Manual, as the case may be. Unless the context otherwise requires, the
General Clauses Act, 1897 (X of 1897) shall apply for the interpretation of
this Act as it applies for the interpretation of an Act of Parliament. Save as otherwise expressly provided in this
Act, the provisions of this Act, and of the rules and orders made thereunder
shall have effect notwithstanding anything inconsistent therewith in any other
law for the time being in force or any instrument being in effect by virtue of
any such law or usage, agreement, settlement, grant, Sanad or any decree or
order of any Court or other authority. (1)
The
State Government may appoint as many Additional Tahsildars as it may deem
necessary for carrying out the purposes of this Act. (2)
The
Additional Tahsildars appointed under sub-section (1) shall have all the powers
of a Tahsildar under the Rewa Land Revenue and Tenancy Code, 1935, or under
this Act.] CHAPTER II Resumption of
Jagir-Lands (1)
As soon as may be after commencement of this Act,
the State Government may, by notification in the Official Gazette, appoint a
date for the resumption of any class of Jagir-lands and different dates may be
appointed for different classes of Jagir-lands. (2)
The State Government may, by notification in the
Official Gazette, vary any date appointed under this section at any time before
such date. (3)
The date finally appointed under this section in
relation to the resumption of any Jagir-land is hereinafter referred to as the
'date of resumption' of that Jagir-land. (1)
As from the date of resumption notwithstanding
anything contained in any contract, grant or document or in any other law,
rule, regulation or order for the time being in force, but save as otherwise
provided in this Act- (a) the right,
title and interest of every Jagirdar and of every other person claiming through
him [9][* *
*] in his Jagir-lands, including [10][rights in
respect of any excise revenue and] forests, trees, fisheries, wells,
tanks, ponds, water channels, ferries, pathways, village-sites, Hats, bazars
and mela-grounds and mines and minerals whether being worked or not, shall
stand resumed to the State Government free from all encumbrances; (b) all rights,
titles and interests created in or over the Jagir-land by the Jagirdar or
his [11][predecessors-in-interest] shall,
as against the State Government, cease and determine. (c) all rents
and cesses in respect of any holding (including any land leased by or on behalf
of the Jagirdar for any purpose other than agriculture) in the Jagir-land for
any period after the date of resumption which, but for such resumption, would
have been payable to the Jagirdar shall be payable to the State Government; (d) all
revenues, rents, cesses or other dues for the agricultural year in which the
date of resumption falls recovered by the Jagirdar before the said date or by
the State Government after the said date shall, after deducting therefrom the
expenses of collection at the rate of 10 per cent be rateably distributed
between the Jagirdar and the State Government, the amount to be distributed
bearing to the total amount recovered during the agricultural year the same
proportion which the period before the date of resumption or [12][the] said
date, bears to the whole of the agricultural year; (e) all arrears
of revenue, cesses or other dues in respect of any Jagir-land due from the
Jagirdar for any period prior to the date of resumption including any sum due
from him under clause (d) and all loans advanced by the State Government or the
Court of Wards to the Jagirdar shall continue to be recoverable from such
Jagirdar; (f) the right,
title and interest of the Jagirdar or any other person in the Jagir-land
resumed under clause (a) shall not be liable to attachment to sale in execution
of any decree or other process of any Court, civil or revenue, and any
attachment existing on the date of resumption or any order for attachment
passed before such date shall, subject to the provisions of Section 73 of the
Transfer of Property Act, 1882 (Act IV of 1882) cease to be in force; (g) (i) a
mortgage in possession of the Jagir-land or any part thereof shall cease to
have any right to possess such land or part thereof; (ii) every
such mortgage with possession, shall to the extent of the amount secured on the
Jagir-land or part thereof, be deemed to have been substituted by a simple
mortgage; (iii)
notwithstanding anything contained in the mortgage deed or any other agreement
relating to such mortgage the rate of interest payable on such mortgage debt
shall, as from the date of resumption, be such as may be prescribed; (h) subject to
any rule made in this behalf, all suits and proceedings relating to the
Jagir-land pending in any Court and all proceedings consequent upon any decree
or order passed in any such suit or proceeding before the date of resumption
shall be stayed. (2)
Nothing contained in sub-section (1) shall : (a) render the
State Government liable for the payment of debts incurred by the Jagirdar
before the date of resumption; (b) operate as a
bar to the recovery by the Jagirdar of any sum which becomes due to him by
virtue of his rights in the Jagir-land in respect of any period prior to the
commencement of the agricultural year in which the date of resumption falls. Notwithstanding anything contained in Section
6- (a) the Jagirdar
shall continue to remain in possession of his sir and khudkasht to the extent
and subject to the conditions and restrictions specified in Chapter IV; (b) all private
wells and trees in abadi and all buildings situated in the Jagir-land belonging
to, or held by the Jagirdar or any tenant or other person, shall continue to
belong or be held by such Jagirdar, tenant or other person, as the case may be,
and the site of the wells or the buildings and any lands appurtenant thereto
shall be settled upon such Jagirdar, tenant or other person on such terms and
conditions as may be prescribed; (c) the Jagirdar
shall be entitled to retain possession of such groves but not including Mahua
groves or orchards as have been planted in the Jagir-land [13][or
purchased for valuable consideration by him or any of his
predecessors-in-interest] and which are in his possession on the date
immediately preceding the date of resumption, on such terms and conditions as
may be prescribed. (1)
On and from the date of resumption, no Jagirdar
shall recover or receive from any tenant or from any contractor or other
person, any rent, cess, Jama or other dues, which he is not entitled to recover
or receive under the provisions of this Act. (2)
Where any Jagirdar recovers any rent, cess or other
dues in contravention of the provisions of sub-section (1), he shall be liable
to pay the State Government as penalty such sum not exceeding rupees five
hundred as the Tahsildar having jurisdiction may, after making enquiry in the
prescribed manner direct and the Tahsildar may further direct the refund of
such rent, cess or other dues. (3)
All sums recoverable under sub-section (2) shall be
realised as arrears of land revenue. Any contract or agreement made between a Jagirdar and any person on or
after the date of the commencement of this Act, which has the effect directly
or indirectly of entitling any Jagirdar to receive, on account of compensation,
an amount higher than what the transferor Jagirdar, but for the contract or agreement, be entitled to receive for
the same property under this Act, shall not be recognised for the purposes of
determining the amount of compensation at any such higher rate under this Act]. CHAPTER III Compensation (1)
Subject to the other provisions of this Act, the
State Government shall be liable to pay to every Jagirdar whose Jagir-land has
been resumed under Section 5, such compensation as shall be determined in
accordance with the principles laid down in the Schedule. (2)
Compensation payable under this section shall be
due as from the date of resumption and shall carry simple interest at the rate
of 3-? % per annum from that date up to the date of payment : Provided that no interest shall be payable on
any amount of compensation which remains unpaid for any default of the
Jagirdar, his agent or his representative-in-interest. Any person, who, under any law or custom
having the force of law is entitled to receive a maintenance allowance out of
the income of any Jagir, shall be entitled to receive out of the compensation
or its instalments payable to the Jagirdar, such amount for maintenance, as the
Land Reforms Commissioner may fix, after taking into consideration- (i) the amount
of maintenance allowance which, that person used to receive from the Jagirdar
before the date of resumption; (ii) the net
income of the Jagirdar from the Jagir at the time of fixing the said
maintenance allowance; (iii) the net
amount of compensation payable to the Jagirdar; and (iv) such other
matters as may be prescribed. Any co-sharer of a Jagirdar, who under any law
or custom in force at the time of the commencement of this Act, is entitled to
receive any share out of the income of the Jagir shall be entitled to receive
such amount out of the compensation payable to the Jagirdar under Section 10 as
bears to the total amount of compensation the same proportion which his share
of the income bears to the total income from the Jagir. (1)
Every Jagirdar whose Jagir-land has been resumed
under Section 5 shall, within two months from the date of resumption filed in
the prescribed form, a statement of claim for compensation before the Land
Reforms Commissioner. (2)
Every such statement of claim shall contain the
following particulars, namely :- (i) the name of
the Jagirdar; (ii) the number
and name of villages comprised in his Jagir-lands together with the particulars
of area, and the income of each such village; (iii) the amount
of gross income of the Jagir-lands with details of income from the various
sources specified in the Schedule; (iv) the den,
barbast, the cesses and other dues which the Jagirdar pays to the State
Government; (v) the amount
of dues and debts recoverable from the Jagirdar under clause (e) of sub-section
(1) of Section 6; (vi) the names of
persons, if any, entitled to a maintenance allowance, together with the amount
of maintenance allowance payable to each such person; (vii) the names of
co-sharers, if any, in the Jagir-land, together, with particulars of the share
of each such co-sharer; . (viii) such other
particulars as may be prescribed. (3)
Every such statement of claim shall be signed and
verified in the manner provided for the signing and verification of plaints in
the Code of Civil Procedure, 1908 (Act V of 1908). (1)
On receipt of a statement of claim under Section
13, or if no such statement is received within the period specified in that
section on the expiry of that period, the Land Reforms Commissioner shall
determine :- (a) the amount
of compensation payable to the Jagirdar under Section 10; (b) the amount
recoverable from the Jagirdar under clause (e) of sub-section (1) of Section 6; (c) the amount
of annual maintenance allowance, if any, payable under Section 11; (d) the amounts
payable to the co-sharers of the Jagirdar, if any, under ; Section 12. (2)
The Land Reforms Commissioner shall serve as soon
as may be, a copy of his decision under sub-section (1) upon the State
Government, the Jagirdar, the person entitled to maintenance allowance, if any,
and the co-sharers, if any. , The amount recoverable from a Jagirdar under
clause (e) of sub-section (1) of. Section 6, as determined under clause (b) of
Section 14 shall be deducted from the compensation payable to the Jagirdar
under Section 10. (1)
After the amount of compensation payable to a
Jagirdar under Section 10 is determined under clause (a) of sub-section (1) of
Section 14 and the amount specified under Section 15 is deducted from it the
balance shall be divided into such instalments not exceeding ten as may be
prescribed. (2)
The amounts determined under clauses (c) and (d) of
sub-section (1) of Section 14 shall be deducted and paid annually to the
persons entitled thereto out of the annual instalment referred to in
sub-section (1) and the remaining amount of the instalment shall be paid to the
Jagirdar in such manner as may be prescribed. (3)
Where compensation under this Act is payable to- (a) a minor or a
person suffering from a legal disability who is under the superintendence of
the Court of Wards, the compensation money shall be paid to the Court of Wards; (b) a minor or a
person suffering from a legal disability who is [15][x x
x] under the superintendence of the Court of Wards, the compensation money
shall be deposited in the Court of District Judge having jurisdiction and shall
be disposed of in accordance with the directions of that Court. (4)
The payment of compensation money, under this Act,
to a Jagirdar and co-sharer, [16][,] if any, [17][and to] persons
entitled to maintenance allowance shall be a full discharge of the State Government
from the liability to pay compensation in lieu of the resumption of his
Jagir-land but shall not prejudice the rights to which any other person may be
entitled, by due process of law to enforce against the person to whom any
amount has been so paid. (1)
Where within the period of nine months from the
date of resumption the compensation payable to a Jagirdar is not determined,
the State Government shall, subject to such conditions (including conditions
relating to the obtaining of a security or indemnity bond) as may be
prescribed, direct the payment to such Jagirdar which shall- (a) if no
deductions are to be made under Sections 14 and 15, be equal to one-tenth of
the estimated amount of compensation; (b) if
deductions are to be made as aforesaid, be such amount as may be prescribed. (2)
An interim compensation payable under this section
shall be paid within eighteen months from the date of resumption and any
compensation so paid shall be adjusted against the amount of compensation
finally determined under this Act. If, during the course of an enquiry by the
Land Reforms Commissioner, any question arises in respect of a title to or
right or interest in the Jagir-lands-resumed under Section 5, the Land Reforms
Commissioner shall after holding such enquiry as he may deem fit decide
such [18][question]. Where any person entitled to receive
compensation under this Act, dies before such compensation is paid to him, it
shall be paid to his [19][heirs,
successors-in-interest or] legal representatives. CHAPTER IV Sir or Khudkasht Land (1)
Any Jagirdar whose Jagir-land has been resumed
under this Act may, within ninety days from the date of resumption, apply to
the Tahsildar within whose jurisdiction such land is situated for the allotment
to him of land for personal cultivation. (2)
An application under sub-section (1) shall be in
such form as may be prescribed and shall contain the following particulars :- (a) the
description of the Jagir-land; (b) the date of
resumption of the Jagir-land; (c) the names of
the co-sharers, if any, in the Jagir-land and the extent of their shares; (d) the area of
sir and Khudkasht land, if any, under the personal cultivation of the
Jagirdar for a continuous period of three years immediately preceding the date
of resumption; (e) the area of
cultivable waste land; (f) such other
particulars as may be prescribed. (1)
On receipt of an application under Section 20, the
Tahsildar shall issue notice to the applicant and other interested persons, if
any, and after giving the parties an opportunity of being heard, shall make an
enquiry in the prescribed manner. (2)
After making the enquiry referred to in sub-section
(1), the Tahsildar may, having due regard to the provisions hereinafter
contained in this Chapter, pass an order making an allotment to the Jagirdar of
such land for personal cultivation as may be specified in the order. (3)
Where any land is allotted to a Jagirdar for
personal cultivation under sub-section (2) the Tahsildar shall issue a patta to
the Jagirs in such form as may be prescribed in respect of the land so
allotted. (1)
A Jagirdar shall be allotted all sir or khudkasht
land which he was cultivating personally for a continuous period of three years
immediately preceding the date of resumption. (2)
A Jagirdar whose Jagir-lands have been resumed
under this Act- (a) who is not
allotted any sir or khudkasht land under sub-section (1), or (b) who had been
allotted any such land which is less than the minimum area, may if he applies in
this behalf, be allotted any other sir or khudkasht land in his personal
cultivation at the date of resumption or where there is no such land or
sufficient area of such land any unoccupied cultivable waste land in the
Jagir-land subject to availability of such land, so that- (i) in a case
falling under clause (a), the total area allotted to him under this sub-section
is equal to the minimum area, and (ii) in a case
falling under clause (b), the area allotted to him under this sub-section,
together with the area allotted under sub-section (1) is equal to the minimum
area. Explanation.-In this sub-section, the
expression "minimum" means ten per cent of the total cultivated land
in the Jagir-land at the date of resumption, or 30 acres whichever is greater : Provided that in no case the minimum area
shall exceed 250 acres. Any land allotted to a Jagirdar under Section
22 shall- (a) in the case
of sir or khudkasht land on which a bandh has been constructed by the
Jagirdar at any time at his own cost, or on which a bandh has been purchased by
him for valuable consideration after the last settlement, be settled upon him
as a pachpan-paintalis tenant; (b) in the case
of any other land, be settled upon him as a pattedar tenant at the village
rate. Any sir or khudkasht land granted
by a Jagirdar to a person in lieu of maintenance allowance payable from the
Jagir-lands which is under the personal cultivation of such person on the date
immediately preceding the date of resumption shall be deemed to be settled on
such person as a pattedar tenant. (1)
Where on the date immediately preceding the date of
resumption of any Jagir-land a Jagirdar was cultivating personally any sir
or khudkasht land jointly with any other person, the Land Reforms
Commissioner shall demarcate [20][and separate
the] share of the Jagirdar from the share of such other person. (2)
The share of the Jagirdar so demarcated and separated
shall, for the purposes of Section 22, be deemed to be his sir
or khudkasht as the case may be. CHAPTER V Rights of Tenants, Grove
Holders and Occupants in Jagir-Land Notwithstanding anything in Chapter IV, every
person who immediately before the date of resumption of any Jagir-land holds or
occupies any land as a tenant of sir land [21][allotted to
Jagirdar] shall continue to occupy or hold such land as a sub-tenant of the
Jagirdar [22][and shall be liable to
pay such rent] as may, subject to any law or custom having the force of
law or any decree or order of any Court, be agreed upon by the Jagirdar and
such person. (1)
Every tenant in a Jagir-land, who at the date of
resumption, is entered in the revenue records as a pachpan-paintalis tenant, an
occupancy tenant, a pattedar tenant, or a hereditary tenant, shall continue to
have rights as such tenant. (2)
Every person, who at the date of resumption holds
any Jagir-land as a rent free grantee or non-occupancy or gairhaqdar tenant, or
holds any grove in such land, shall continue to hold such land or grove, as the
case may be, subject to such terms and conditions as may be prescribed. (1)
Subject to the provisions of sub-section (2) every
person who is entered in the revenue records [23][for a continuous period
of three years] as an occupant of any Jagir-land at the date of
resumption, shall be deemed to be pattedar tenant in respect of such land which
shall be assessed at the village rate. (2)
Nothing in sub-section (1) shall apply to any sir
or khudkasht land which is allotted to the Jagirdar under Section 22
or any grove land possession of which the Jagirdar is entitled to retain under
clause (c) of Section 7. CHAPTER IV Miscellaneous Any officer or authority holding an inquiry
or hearing an appeal under this Act shall have the power of a Civil Court under
the Code of Civil Procedure, 1908 (V of 1908) relating to- (a) proof of
facts by affidavits; (b) enforcing
attendance of any person and his examination on oath, (c) production
of documents, (d) issuing of
commissions, and every such officer or authority shall be deemed to be a Civil Court
within the meaning of Sections 480 and 482 of the [24][Code of Criminal
Procedure, 1898 (Act V of 1898)] Subject to any rules made in this behalf, any
officer or authority holding an inquiry under this Act may, for the purpose of
carrying out the provisions of this Act,- (a) enter at any
time upon any Jagir-land along with such public servants as he may consider
necessary; (b) make a
survey or take measurement of, or do any other act on, any Jagir-land. (a)
Any person aggrieved by an order of the Tahsildar
under [25][sub-section
(2)] of Section 21 or Section 8 may within thirty days from the date of
communication of such order to him appeal to the [26][Collector], whose
decision thereon shall be final. (3)
The court-fee payable on a memorandum of appeal
under subsection (1) shall be one rupee. (1)
The State Government or any person aggrieved by the
decision of the Land Reform Commissioner under Section 14 or 18 or 25 may
within ninety days from the date of communication of such decision appeal to
the Board of Revenue and the decision of the Board of Revenue shall be final. (2)
The court-fee payable on a memorandum of appeal
under subsection (1) shall be five rupees. (3)
An appeal under sub section (1) shall be heard and
decided by a bench of the Board of Revenue consisting of two members. A proceeding before any officer or authority
under this Act shall be deemed to be judicial proceeding within the meaning of
Sections 193 and 228 of the Indian Penal Code. The Land Reform Commissioner, or any other
officer holding an enquiry under this Act, and the Board of Revenue and
the [27][Collector] hearing
appeals from the orders of the Land Reform Commissioner or the Tahsildar, as
the case may be, shall so far as may be, follow the procedure applicable to the
proceedings under the Rewa Land Revenue and Tenancy Code, 1935 and shall have the
same powers, in relation to proceedings before them as a Revenue Officer has in
relation to original or appellate proceedings, as the case may be, under the
said [28][Code]. Save as otherwise, expressly provided in this
Act, there shall be paid such court-fees on every application filed in a
proceeding under this Act and such fees for the issue or execution of any
process, as may be; prescribed. The Land Reform Commissioner may, with the
previous sanction of the State Government, by notification in the Official
Gazette, direct that any power conferred or any duty imposed on him by or under
this Act shall, under such conditions and restrictions, if any, as may be
specified in the direction, be exercised or discharged by such officer or class
of officers not below the rank of Tahsildar as may be specified. (1)
No civil Court shall have jurisdiction to settle,
decide or deal with any question which is, by or under this Act, required to be
settled, decided or dealt with by the Tahsildar, the [29][Collector], Land Reform
Commissioner, or the Board of Revenue. (2)
Except otherwise provided in this Act, no order of
a Tahsildar, a Collector, the Land Reform Commissioner, or the Board of Revenue
under this Act, shall be called in question in any Court. (1)
No suit, prosecution, other legal proceeding shall
lie against any person for anything which is in good faith done, or intended to
be done in pursuance of this Act, or any rules made there under. (2)
No suit, prosecution or other legal proceeding
shall lie against the Government for any damage caused or likely to be caused,
or any injury suffered or likely to be suffered by virtue of any provisions of
this Act, or by anything in good faith done or intended to be done, in
pursuance of this Act, or any rules made thereunder. Any person who makes any statement in
application signed and verified by him under this Act, which is false or which
he either knows or has reason to believe to be false or does not believe to be
true shall be punishable with imprisonment for a term which may expend to two years
or with fine or with both. Any notice or other document required to be
served by or under this Act may be served- (a) by
delivering it to the person on whom it is to be served; or (b) by leaving
it at the usual or last known place of abode of that person; or (c) by sending
it in a registered letter addressed to that person at his usual or last known
place of abode; or (d) if it is not
practicable after due diligence to ascertain the address of the person on whom
it should be served, by addressing it to him and by delivering it to some
person on the premises, if there is no person on the premises to whom it can be
delivered, by affixing it, or a copy of it, to some conspicuous part of the
premised; or (e) in such
other manner as may be prescribed. Notwithstanding anything contained in Chapter
III of this Act, the [30][State] Government
may in the case of any Jagir held for the maintenance of any religious or charitable
institution pay such perpetual annuity and in such instalments as may be
prescribed, instead of the compensation payable under the provisions of this
Act: Provided that the amount of such annuity
shall not be less than the income which will accrue to such institution if the
amount of compensation as determined under the provisions of this Act for such
Jagir were invested in some Government security bearing interest at 3-?% per
annum. (1)
The State Government may, by notification in the
Official Gazette, make rules for the purpose of carrying out the provisions of
this Act. (2)
Without prejudice to the generality of the
foregoing power, the State Government may make rules to provide for- (a) the interest
which may be payable, on a mortgage debt from the date of resumption; (b) the disposal
of suits and proceedings relating to Jagir-land resumed under this Act pending
in any Court and stayed under this Act; (c) the terms
and conditions subject to which a Jagirdar shall be entitled to retain
possession of his private wells, trees in abadi, buildings groves and orchards; (d) the form in
which a statement of claim may be filed under Section 13; (e) the
condition subject to which interim compensation may be given; (f) the instalments
in which and the manner in which the compensation may be paid under this Act; (g) the manner
in which the Land Reform Commissioner or the Tahsildar may hold an inquiry
under this Act; (h) the terms
and conditions subject to which any rent free grantee, non-occupancy or
gairhaqdar tenant may hold any Jagir-land or any other person may hold groves
in such land under this Act; (i) the mode of
service of any notice or document to be served under this Act; (j) the
court-fees and process fees payable under this Act; (k) the manner
in which the gross income from mines and minerals worked by the Jagirdar
himself may be calculated; (l) any other
matter which is to be or may be prescribed under this Act. (3)
All rules made under this Act shall be laid before
the [31][Madhya Pradesh Legislative
Assembly] as soon as may be after they are made, and, if a resolution is
passed within the next subsequent 14 days on which the Legislative Assembly has
sat next after any such rule is laid before it that the rule be [32][annulled] or
modified it shall thenceforth be void or operative only subject to the
modification made, as the case may be, but without prejudice to the validity of
anything previously done thereunder, or to the making of new rule. The Schedule (See Section 10) 1.
Every Jagirdar to be treated as a separate
unit. For purposes of assessment of compensation
under this Act, every Jagirdar shall be treated as a separate unit : Provided that, in the case of a joint Hindu
family,- (a) a father
with his male lineal descendants in the male line of descent shall be deemed to
be one unit where the father was alive on the date of resumption; (b) except as
provided under clause (a) every other member of a joint Hindu family shall be
treated as a separate unit. Explanation.-Notwithstanding any partition
made on or after the [33][date of the
commencement of this Act] a family shall be deemed to be joint. 2.
Basic year. The expression "basic year" means
the agricultural year immediately preceding the agricultural year in which the
date of resumption 3.
Calculation of the gross income. The gross income of a Jagirdar shall be the
total income from his Jagir-land under the following heads- (a) Rents,
including cesses and local rates payable for the basic year by or on behalf of
the tenants (other than tenants of 'sir'), sub-pawaidars, grantees at a
concessional rate of rent and grove-holders- (i) ???in cash, [34][(ii) where
the rent is payable in kind or partly in cash and partly in kind, the valuation
at the appropriate rent rates fixed at the settlement immediately preceding the
date of resumption.] (iii) ??where the rent payable has not been
determined, the rent determined in accordance with the current settlement
rates. (b) The
valuation of refits of the settlement rates- (i) ???of khudkasht or 'sir' of
the Jagirdar (ii) ??of any groves held by the Jagirdar, [35][(bb) Excise
Revenue, if any]. (c) Sayar
including income from hats, bazars and fisheries calculated on the basis of an
average of twelve agricultural years immediately preceding the date of
resumption. (d) In the case
of a Jagirdar in receipt of income from forests such income calculated on the
basis of an average of twenty agricultural years immediately preceding the date
of resumption. (e) In the case
of a Jagirdar in receipt of royalties on account of mines and minerals
comprised in his Jagir-lands, the average income on account of royalties
calculated on the basis of the annual returns filed by the Jagirdar during the
period of twelve years immediately preceding the agricultural year in which the
date of resumption falls or of any shorter period for which such returns have
been filed. (f) In the case
of a Jagirdar who is himself working any mines or minerals comprised in his
Jagir-lands, the average annual gross income from such mines or minerals
calculated in the prescribed manner. 4.
Calculation of net income. The net income of a Jagirdar shall be
calculated by deducting from the gross income of the Jagirdar- (a) any sum
which was payable by him in the basic year to the State Government or a
superior landholder on account of land revenue or rent including cesses or
local rates; (b) the
agricultural income-tax, if any, paid or payable for the basic year by the
Jagirdar; (c) an amount
equal to 2 per cent of the gross income in lieu of the services known
as sewa or zabta, if the Jagirdar is liable to render any such
service; (d) the cost of
management and an amount in lieu of the irrecoverable arrears of rent, equal to
15 per cent of the gross income; (e) where the
Jagirdar is allotted any sir or khudkasht or other land or any grove
under this Act an amount equal to the valuation of rent for such land or grove
from the basic year at the current settlement rates (less the land revenue paid
by him in respect of such land and grove in the basic year to be ascertained in
such manner as may be prescribed); (f) fifty per
cent of the gross income determined under clause (f) of Item 3. 5.
Compensation to sub-pawaidar. In the case of a sub-pawaidar, the gross and
net income of Jagir-lands under paragraphs 3 and 4 respectively, shall be
calculated subject to such modification as may be incidental or necessary for
the determination of the gross and net income of the sub-pawai. 6.
Amount of compensation. The compensation payable to a Jagirdar shall
be- (a) where the
net income of the Jagir-lands does not exceed Rs. 1,000, fifteen times the net
income calculated in accordance with the provisions hereinbefore contained; (b) where the
net income from the Jagir-lands exceeds Rs. 1,000 but does not exceed Rs.
5,000, twelve times the net income calculated in accordance with the provisions
hereinbefore contained, but so as not to be less than the maximum compensation
payable under clause (a); (c) where the
net income from the Jagir-land exceeds Rs. 5,000, ten times the net income
calculated in accordance with the provisions hereinbefore contained, but so as
not to be less than the maximum compensation payable under clause (b): Provided that if the sir
or khudkasht land allotted to a Jagirdar- (a) exceeds 10
per cent of the cultivated area of the Jagir-lands, the multiple of the net
income for calculating the amount of compensation shall be reduced by one; and (b) exceeds 20
per cent of the cultivated area of the Jagir-lands, the multiple of net income
for calculating the amount of compensation shall be reduced by two. 7.
Compensation payable to a thekedar. Where the interests of a Jagirdar in the
Jagir-land is held by a thekedar, the amount of compensation payable in respect
of the Jagir-lands calculated in accordance with the provisions hereinbefore
contained shall be apportioned between the Jagirdar and the thekedar having
regard to the following matters : (a) the premium,
if any, paid at the commencement of the theka or the lease; (b) the loss, if
any, caused to the thekedar as a result of determination of the theka; (c) the gross
income and the net income of the Jagir-lands under the theka; (d) the amount
payable by the thekedar annually; and (e)
such other matter as may be prescribed. [1] Substituted, for the words 'State of
Vindhya Pradesh' by M.P.A.L.O. 1956 (w.e.f. 1-11-1956). [2] Came into force w.e.f. 30-6-1953 vide
Revenue Department Notification No. 221, dated 30-6-1953 and published in V.P.
Gazette Extraordinary dated 30-6-1953. [3] Substituted for 'State of Vindhya
Pradesh' by M.P.A.L.O., 1956. [4] Clause (i) omitted by Act 1 of 1954
Section 2. [5] Inserted by MP Act 37 of 1965, with
retrospective effect from commencement of the Act. [6] Inserted by Act 1 of 1954 Section 2. [7] Substituted for 'Deputy Commissioner' by
M.P.A.L.O. (Second) Order, 1956. [8] Inserted by MP Act 37 of 1965, with
retrospective effect from commencement of the Act. [9] The words 'in respect of any excise
revenue or' omitted by Act 1 of 1954 Section 7. [10] Inserted by Act 1 of 1954. [11] Substituted for the words
'predecessor-in-interest' by Act 1 of 1954 Section 7. [12] Inserted by Act 1 of 1954 Section 7. [13] Substituted for the words 'by him or by
any of his predeessors-in-interest' by Act 1 of 1954 Section 3. [14] Substituted by Act 1 of 1954 Section 4. [15] The words 'not' omitted by M.P. Act 1 of
1954 Section 7. [16] The sign comma was inserted, by M.P. Act
1 of 1954 [17] Inserted by M.P. Act 1 of 1954 [18] Substituted for the word 'questions' 7. [19] Inserted by Act 1 of 1964 Section. [20] Inserted by Act 1 of 1954 Section 7. [21] Inserted by Act 1 of 1954 Section 5. [22] Inserted by Act 1 of 1954. [23] Inserted by Act 1 of 1954 Section 6. [24] See now Cr.P.C. 1973 (2 of 1974). [25] Substituted for the word and figure
'sub-section 3' by Act 1 of 1954 Section 7. [26] Substituted for 'Deputy Commissioner' by
M.P.A.L.O.. 1957. [27] Substituted for 'Deputy Commissioner' by
M.P.A.L.O., 1957. [28] Substituted for the word 'Act' by Act 1
of 1954 Section 7. [29] Substituted for 'Deputy Commissioner' by
M.P.A.L.O., 1957. [30] Inserted by Act 1 of 1954 Section 7. [31] Substituted for the words 'Vindhya
Pradesh Legislative Assembly' by M.P.A.L.O., 1959 (w.e.f. 1-11-1956). [32] Substituted for the words 'amended' by
Act 1 of 1954 Section 7. [33] Substituted for the words and figures
'Last October, 1949' by Act 1 of 1954 Section 8. [34] Substituted by M.P. Act 37 of 1965
Section 4 with retrospective effect from the beginning of the Act. [35] Inserted by Act 1 of 1954 Section 8.The Abolition of
Jagirs and Land Reforms Act, 1952 (Vindhya Pradesh)