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Abolition of Jagirs and Land Reforms Rules, 1953 (Bhopal)

Published vide Notification No. Supplement Gazette of Bhopal, dated 7-11-1953, p. 371


Chapter I

Preliminary

1. (1) (a) These rules may be called The Abolition of Jagirs and Land Reforms Rules, 1953 (Bhopal).

(b) They shall come into force at once.

(2) In these rules unless there is anything repugnant in the context:-

(a) "Act" means the Bhopal Abolition of Jagirs and Land Reforms Act, 1953 (No. X of 1953).

(b) "Section" means a section of the Act.

(c) "Jagir Commissioner" means an Officer appointed as such by the State Government under clause 7 of sub-section (1) of Section 2 of the Bhopal Abolition of Jagirs and Land Reforms Act, 1953 (No. X of 1953).

Chapter II

Resumption of Jagirs

2. Upon the publication of a notification under Section 4, the Collector shall issue a proclamation in J.A. Form 1, and cause the same to be published within the local limits of his jurisdiction-

(1) by posting copies of the proclamation at his Court house, at the Tahsil building and at some conspicuous place in or near the village or villages in which the Jagir lands are situated, and

(2) by beat of drum in each village in which the Jagir lands are situated.

3. With effect from the date of resumption the Collector shall be incharge of the resumed Jagir lands lying within the local limits of his jurisdiction and he shall deal with them in the same way as he deals with the Khalsa lands in his jurisdiction.

4. (1) Immediately after the date of resumption the Collector shall ask every Jagirdar to furnish within a month a statement in J.A. Form 2, showing the amounts recovered by him before the date of resumption on account of revenue, rent, cess or other dues for the agricultural year in which the date of resumption falls, from every occupant, shikmi or any other person.

(2) The Collector shall maintain a separate account of the amounts recovered by him after the date of resumption on account of revenue, rent, cess or other dues for the agricultural year in which the date of resumption falls, from every occupant, shikmi or any other person.

(3) The total amount recovered under sub-rules (1) and (2) shall, at the end of the agricultural year in which the date of the resumption falls, after deducting 10 per cent therefrom, be ratably distributed between the Jagirdar and the State Government. The Jagirdar shall be entitled to as much amount as bears the same proportion to the total amount which the period before the date of resumption bears to the whole agricultural year.

5. Immediately after the publication of the notification under Section 4, in respect of a Jagir, the Collector shall prepare and maintain a register in J.A. Form 3, showing the arrears of land revenue, abwab or cesses, Zar-i-Chaharum or Zar-i-Panjum, Agricultural Income-tax and all other dues in respect of the Jagir land due from the Jagirdar and of all loans advanced by the State Government or the Court of Wards to the Jagirdar.

6. The Collector shall send a copy of the register maintained under Rule 5, duly signed by him, to the Jagir Commissioner who shall take into account the entries mentioned in this register in determining the amount to be deducted from the compensation payable to the Jagirdar under Section 9.

7. With effect from the date a Jagir is resumed, the following classes of suits and proceedings shall be stayed :

(1) All suits and proceedings whether of the first instance, appeal or revision, for ejectment from the land in any resumed Jagir, pending in any Court on the date of resumption except where the plaintiff-appellant or applicant, as the case may be, is himself an occupant;

(2) all suits for partition of the resumed Jagir lands;

(3) applications or proceedings for the allotment of land in any Jagir;

(4) proceedings for auction or sale of occupants' holdings in Jagirs on account of arrears of land revenue;

(5) all cases of execution of decrees relating to debts which are wholly or partially charged upon or decreed against a resumed Jagir or part thereof.

8. Every suit or proceeding, whether pending in the Court of first instance or in appeal or revision stayed under Rule 7, shall be abated by the Court or the authority before which it may be pending, after giving notice to the parties and giving them an opportunity to be heard.

9. (1) The abatement of any suit or proceeding under Rule 8 shall not debar any person from establishing his right in a Court of competent jurisdiction in accordance with the law for the time being in force in respect of any matter in issue in such a suit or proceeding.

(2) Where any suit or proceeding has been stayed under Rule 7 or is abated under Rule 9, the period between the institution of such suit and its stay or abatement, as the case may be, shall be excluded in committing the period of limitation fixed for the institution of such suit or proceeding under the law applicable thereto.

10. (1) The Jagirdar whose Jagir land has been resumed under Section 4 shall, within one month of the date of resumption submit to the Collector of the district in j.A. Form 4, a list of the property which he claims under sub-section (1) of Section 68 of the Act to be his private and personal property. The Collector shall give a receipt for the list to the jagirdar and shall desist from taking over possession or charge of the property specified in the list till the receipt of the orders of the jagir Commissioner.

(2) The Collector shall, after making necessary verification of the entries in the list, forward the list with his report about each item mentioned in the list to the Jagir Commissioner for orders under sub-section (2) of Section 6.

(3) Should the Collector be of the opinion that any item of property specified in the list submitted to him under sub-rule (1) is not the property of the Jagirdar and which the Jagirdar is not entitled to hold under sub-section (1) of Section 6, he shall report the reasons of such opinion and refer the matter to the Jagir Commissioner under sub-section (2) of Section 6. A copy of such reference shall be forwarded to the Revenue Commissioner also.

11. Upon the receipt of a reference under Rule 10 (3) or where the Jagir Commissioner decides to review the list on his own motion, the Jagir Commissioner shall appoint a date for holding an enquiry into the matter and shall issue a public notice allowing a month's time for filing objections, if any.

12. (1) The notice under Rule 11 shall be served on the Jagirdar concerned and the Collector of the District in which the property is situated in the manner provided for the service of summons on the defendant in suit under the Code of Civil Procedure, 1908.

(2) Copies of the notice shall also be sent to the Revenue Commissioner and the Tahsildar, within whose jurisdiction the property under dispute is situated-

(a) for being proclaimed by beat of drum to the inhabitants of the village where the property is situated;

(b) for being exhibited at some conspicuous place in such locality;

(c) for being pasted on the notice board of the Tahsil.

13. On the date fixed in the notice, the Jagir Commissioner may postpone the enquiry if he finds that the notice issued under Rule 11 was not duly served on any of the persons specified under Rule 12 or was not pasted on the notice board of the Tahsil one month before such date.

14. (1) The State shall be represented at such enquiry by any officer not below the rank of a Naib-Tahsildar appointed by the Revenue Commissioner or by any pleader.

(2) If any inhabitants of the locality in which the property under dispute is situated are in any manner interested therein, they may contest the claim of the Jagirdar in respect thereof and may jointly appoint one or more persons not exceeding three in number to represent them at such enquiry.

(3) The Jagirdar may appear in person or by his duly authorised agent at the enquiry held under sub-section (2) of Section 6 of the Act.

15. The Jagir Commissioner shall after giving an opportunity to the Jagirdar, the State and other interested persons, of producing evidence and of being heard in support of their contests shall pass such orders as he may deem fit. The enquiry shall be held in the manner provided for the hearing and disposal of suits by a Revenue Court.

16. Immediately after the date of resumption the Collector shall get a statement prepared in J.A. Form 5, of Khud-kasht lands, grove lands and orchards held by each Jagirdar giving details of the area, soil, class and the period of personal cultivation of each Khasra number in each village included in the Jagir.

17. (1) The sites of private buildings, places of worship, wells, tanks and trees which shall continue to belong to or be held by a Jagirdar or other person under sub-section (1) of Section 6 of the Act, situated within the limits of a Jagir land, shall be deemed to be settled with the owner of the said buildings, wells, places of worship, tanks and trees as on the following terms and conditions :-

(a) he shall pay to the government such rent or revenue for the site as may be fixed by the Collector under the provisions of the Bhopal State Land Revenue Act (Act IV of 1932);

(b) he shall have heritable and transferable interest and rights in the site;

(c) he shall not be liable to ejectment;

(d) he shall have the right to use the site for any purpose whatsoever subject to the existing rights of easement;

(e) succession shall be governed by personal law;

(f) if the building is abandoned or if the well goes out of use or if the owner dies without any heir entitled to succeed, the site shall escheat to the State Government.

(2) The site of a private well or a building in a holding or groves shall be deemed to be settled with the holder on the same terms and conditions as the holding or the grove in which it is situated.

18. Groves and orchards shall be settled on the Jagirdar under clause (c) of sub-section (1) of Section 6 of the Act on the following terms and conditions:-

(1) A Jagirdar will become an occupant of the land occupied by the groves or orchards; and

(2) land revenue shall be assessed on the land at the village rates and shall be payable with effect from the date of resumption.

19. (1) Immediately after the date of resumption the Collector shall ask every Jagirdar in his jurisdiction to furnish within fifteen days of the receipt of the order, a list in J.A. Form 6, of all leases and contracts granted by him on or after the 6th May, 1952, for any non-agricultural purposes or relating to any forest, fisheries or quarries in his Jagir land for a period of three years or more.

(2) On receipt of these lists the Collector shall summon the persons in whose favour the leases or contracts have been granted, with their leases and documents to the contracts and after scrutinising them and giving an opportunity to the parties of being heard, shall decide whether the lease or the contract should be cancelled under Section 7 of the Act.

(3) In determining the question whether a lease or a contract was made or entered into in the normal course of management or anticipation of the legislation of the abolition of Jagirs, the Collector shall take into consideration the following facts:-

(a) the past practice of granting such leases or contracts in the Jagir;

(b) the date of the lease or the contract;

(c) the amount for which the lease or the contract has been granted;

(d) the amount Of premium, if any, charged by the Jagirdar; and

(e) whether the lease or the contract has been made or entered into in accordance with the rules and standing orders of the Government.

(5) After taking such oral or documentary evidence as the parties may produce and hearing the parties concerned, the Collector shall pass an order in writing giving full reasons in support of his order.

20. (1) If any Jagirdar recovers any rent or revenue, abwab or cess or other dues in contravention of Section 8 of the Act, the Collector shall call upon the Jagirdar to appear before him and to show cause why the penalty provided in sub-section (2) of Section 8 should not be imposed on him and after giving him an opportunity of being heard, pass such orders as he may deem fit.

(2) In fixing the amount of penalty the Collector shall take into consideration the following matters:

(a) the date of recovery;

(b) the period for which the amount recovered was due;

(c) the amount recovered; and

(d) circumstances under which the amount was recovered.

(3) In addition to the penalty imposed under this rule the Collector shall also order that the amounts recovered by the Jagirdar be refunded within a period of 15 days form the date of the order.

Chapter III

Compensation

21. (1) The Jagir Commissioner in fixing the amount of maintenance under Section 10 of the Act shall, in addition to the matters specified in that section, also take into consideration the following matters, namely-

(a) the relationship of the person claiming maintenance allowance, to the Jagirdar;

(b) the terms and conditions, if any, mentioned in the Sanad or Iqurarnama about the maintenance allowance payable to any person;

(c) any orders of the Ruler or the Government or a Court of law regarding the payment of maintenance allowance out of the income of the Jagirdar;

(d) the prevailing prices of essential commodities as defined in clause 3(1) of the Bhopal Essential Supplies Temporary Powers Act of 1946,

(e) the income of the Jagirdar from Khud-kasht and other sources;

(f) area of land in and out of the Jagir held by the person claiming maintenance allowance; and

(g) the minimum requirements of the person entitled to a maintenance allowance out of the income of the Jagir concerned and the minimum requirements of the Jagirdar and the members of his Family

(2) The amount of maintenance allowance shall be payable out of the instalments of compensation payable to the Jagirdar for such period only as the payment of instalments of compensation continues. Ordinarily the amount of maintenance allowance payable to a person fixed under this will bear the same proportion to the annual instalment payable to the Jagirdar, as the amount of maintenance allowance with that person used to receive from the Jagirdar before the date of resumption, bears to the Sanadi income of the Jagir.

22. (1) The statement of claim required to be filled under sub-section (1) of Section 12 of the Act, shall be in J.A. Form 7.

(2) In addition to the particulars mentioned under sub-section (2) of Section 12 of the Act, the following details shall also be given in the Statement of Claim:-

(a) Khasra numbers with their areas held as Khud-kasht by the Jagirdar with details of the area cultivated personally by the Jagirdar and the area in possession of Shikmis mentioning the period of such possession in each case;

(b) area and land revenue of the holding or holdings held by the Jagirdar as occupant in any village outside his Jagir; and

(c) details of open enclosures, house sites, private buildings, places of worship, wells, tanks, trees, groves and orchards which the Jagirdar claims to be continued to remain in his possession under sub-section (1) of Section 6 of the Act.

23. The Statement of Claim shall be filled in duplicate and shall be signed and verified by the Jagirdar or his duly authorised agent in the manner provided under sub-section (3) of Section 12 of the Act.

24. The Jagir Commissioner will check the entries in the Statement of Claim with the settlement and annual revenue records and after giving the Jagirdar an opportunity of being heard and making such other enquiries as may appear necessary, correct any mistakes that may be found in the Statement.

25. In case no statement has been submitted by the Jagirdar within the specified period under Section 12 of the Act or the statement submitted does not contain all the required particulars, the Jagir Commissioner shall determine the required particulars on the basis of the settlement and annual revenue record and other documents after makings itch necessary enquiry as he may deem fit and after giving an opportunity to the Jagirdar of being heard.

26. For purposes of determining the amount of compensation, dues and other deductions under sub-section (1) of Section 13, the Jagir Commissioner may require the Jagirdar, maintenance holders, and co-sharers to produce any registers, records, documents or evidence that may be in their possession. The person so required shall produce registers, records, other documents or evidence which he has been asked to produce. If he fails to produce them the Jagir Commissioner can make any reasonable presumption against him (i.e., against the person who was required to produce them).

27. In the case of holdings the rent or revenue of which has either not been determined or which is paid in kind or partly in cash or partly in kind, the rent or revenue will be determined at the appropriate village rates fixed at the current Settlement.

28. The average Sayar income from hats, bazars, quarries and fisheries, will he calculated on the basis of the entries in the Patwaris' records for the 12 years immediately preceding the year in which the date of resumption falls or on the annual returns filed by the Jagirdar for the assessment of cess or income-tax during the said period of 12 years immediately preceding the year m which the date of resumption falls. In case no entries have been made in the Patwaris' records and no returns have been filed by the Jagirdar, the Jagir commissioner will determine the annual gross income after making such inquiries as he may deem fit.

29. Income from forests and grazing fees shall be calculated on the basis of annual returns filed by the Jagirdar for the assessment of income-tax during the period of 20 agricultural years immediately preceding the date of resumption. In case such returns have not been filed, the Jagir Commissioner will determine the average income from forests and grazing fees after making such enquiries as he may deem fit.

30. (1) For purposes of calculating the net income of the Jagir under clause 4 of the Schedule, Zar-i-Chaharum, Zar-i-Panium and Abwab shall be as entered in the Sanad granting the Jagir.

(2) The amount of agricultural income-tax to be deducted from the gross income of a Jagir under sub-clause (b) of clause (4) of the Schedule stall be the amount as assessed by the Assessing Authority under the Agricultural Income-tax Act, for the agricultural year in which the date of resumption falls.

31. J.A. Form 8 will be used for determining the amount of compensation due to the Jagirdar.

32. Before determining the final amount of compensation the Jagir commissioner shall give notice to the State Government, the Jagirdar, persons entitled to maintenance allowance and co-sharers, if any, and other interested persons and after giving them an opportunity of being heard, decide any objection that may be filed by any one of them.

33. The net amount of compensation payable to a Jagirdar under Section 9 after deducting the amounts specified in Section 14 shall be paid-

(1) in lump sum on [2nd April, 1954] to the Jagirdar whose net annual income does not exceed Rs. 1,000/-;

(2) in three equal annual instalments on 1st October, every year, to the Jagirdar whose net annual income exceeds Rs. 1,000/- but does not exceed Rs. 3,000/-;

(3) in five equal annual instalments on 1st October, every year, to the Jagirdar whose net annual income exceeds Rs 3,000/- but does not exceed Rs. 10,000/-;

(4) in seven equal annual instalments on 1st October, every year, to the Jagirdar whose net annual income exceeds Rs. 10,000/- but does not exceed Rs. 20,000/-; and

(5) in nine equal annual instalments on 1st October, every year, to the Jagidar whose net annual income exceeds Rs. 20,000/-.

34. (1) Simple interest at 2-½% per annum from the date of resumption shall also be paid alongwith each annual instalment.

(2) No interest will be allowed on any annual instalment after the date on which it has become due.

35. (1) A certificate in triplicate will be prepared by the Jagir Commissioner in J.A. Form 9, showing the total amount of compensation, deductions, if any, on account of interim compensation any other Government dues, the amount of each instalment and the interest thereon, and the date on which and the Treasury or sub-treasury at which the annual instalments will be payable.

(2) One copy of the Certificate prepared under sub-rule (1) will be issued to the Jagirdar and the second copy will be issued to the Finance Secretary to the Government and the third copy will be kept on the file in the office of the Jagir Commissioner.

36. Interim compensation, if any, paid to the Jagirdar and all amounts due to the Government or to the Court of Wards from the Jagirdar will be deducted from the amount of compensation.

37. No annual instalment will be of less than Rs. 500/- unless the total amount of compensation or the remainder for the last instalment is less than Rs. 500/-.

38. Payments will become due on the date noted in the certificate issued under Rule 35 or on the next working date if that date happens to be a holiday.

39. The instalment of compensation payable to a Waqf, I rust or Endowment for the benefit of a religious or charitable institution shall be deposited for or on behalf of the Waqf, Trust or Endowment with the Treasurer of Charitable Endowments, if any, otherwise with the Imperial Bank of India, at Bhopal, under intimation to the Officer-in-charge of the Waqfs, Trust and Endowment appointed by the Government.

40. (1) If any Jagirdar wants to purchase annuity from any insurance company out of the compensation payable to him, he may apply to the Jagir Commissioner in J.A. Form 10.

(2) The Jagir Commissioner shall forward the application for the orders of the Government with his recommendations after taking into consideration the following matters :

(a) age of the Jagirdar;

(b) total amount of compensation payable to the Jagirdar;

(c) number of instalments;

(d) amount of each instalment;

(e) amount of compensation for which the Jagirdar wants to purchase annuity; and

(f) amount of annuity which the Insurance Company would pay to the Jagirdar for his life-time.

(3) The Government may sanction or reject the application after considering the merits of each case. In case the application is sanctioned the amount of compensation for which the Jagirdar wants to purchase annuity shall be paid to the Insurance Company nominated by the Jagirdar, after obtaining a joint receipt of the amount from the Jagirdar and the Insurance Company.

(4) The payment of compensation to the Insurance Company through the Jagirdar, under sub-rule (3) shall be a full discharge of the State Government from the liability to pay compensation in lieu of the resumption of his Jagir lands. The Government will not in any way be responsible for the regular payment of the annuity by the Insurance Company to the Jagirdar and it will be a matter entirely between the Insurance Company and the Jagirdar and the Government will not be a party to it.

41. Except as provided under Rule 40 any pledging or transfer of instalments by the Jagirdar or any of his heirs, successors-in-interest or legal representatives, shall not be recognised by the State Government.

42. If the compensation payable to a Jagirdar has not been determined within a period of six months from the date of resumption the Jagirdar will be entitled to apply for interim compensation.

43. The application for interim compensation will be presented in duplicate to the Jagir Commissioner in J.A. Form 11.

44. If deductions have to be made under Section 14, the amount of interim compensation shall be equal to one-tenth of the estimated amount of compensation minus the deductions to be made under Section 14.

45. The amount of interim compensation shall be determined by the Jagir Commissioner and shall be paid in cash on such date as may be fixed by the Jagir Commissioner.

46. Before payment of interim compensation is made the Jagirdar shall have to execute an Indemnity Bond in J.A. Form 12.

47. (1) When a person entitled to receive compensation, dies before any or all of the instalments of compensation are paid to him, the remaining instalments shall be paid to his legal representatives.

(2) If the total compensation remaining due to the Jagirdar after his death exceeds the sum of Rs. 500/-, payment will be made only on production of a probate of his Will or letters of administration of his estate or a certificate granted under the Indian Succession Act (XXXIX of 1952).

(3) If the total compensation remaining due to the Jagirdar after his death is not more than a sum of Rs. 500/-, it may be paid to such person as the Collector may, after making such enquiries as he may deem fit, determine the person legally entitled to receive such compensation.

(4) Any payments made in good faith under this rule shall fully absolve the State Government of its liability to pay such compensation.

Chapter IV

Khud-Kasht Land

48. (1) A Jagirdar whose Jagir land has been resumed under the Act and who has any area of Khud-kasht land may within [one year] of the date of resumption apply in J.A. Form 13, to the Tahsildar within whose jurisdiction such land or the major portion of such land is situated for the allotment to him under Section 16 of such land as is in his personal cultivation.

(2) In addition to the particulars required by sub-section (2) of Section 19, the following particulars shall also be furnished in the application J.A. Form 13;-

(a) the agricultural year from which the land has been recorded as his Khud-kasht in the Land Records;

(b) the area of Khud-kasht land lying fallow and the year since when it has been lying fallow;

(c) the area of land reclaimed by the Jagirdar from waste land and the year in which it was reclaimed; and

(d) the area of the reclaimed land personally cultivated by the Jagirdar himself on the date of resumption and the area of reclaimed land let out to sub-tenants or Shikmis.

(3) On receipt of the application under this rule the Tahsildar shall issue notices under clause (1) of Section 20 in J.A. Form 14 to the applicant and to Shikmis or other interested persons, if any, in J.A. Form 15.

(4) The Tahsildar after necessary verification of the particulars supplied by the applicant and making such enquiries as he may deem necessary and giving the parties an opportunity of being heard, pass an order making allotment to the Jagirdar of so much of the recorded Khud-kasht land as was in his personal cultivation on the date of resumption and shall issue a Patta to the Jagirdar in J.A. Form 16 under sub-section 3 of Section 20.

(5) The land revenue of the land allotted to the Jagirdar under sub-rule 4 shall be fixed at the village rates fixed at the current settlement.

49. (1) A Shikmi of Khud-kasht land under a Jagirdar may, within [one year] from the date of resumption apply in J.A. Form 17, for the allotment to him of land which has been is his personal cultivation for more than one agricultural year on the date of resumption, to the Tahsildar within whose jurisdiction such land or major portion of such land is situated.

(2) The application under sub-rule (1) shall contain the following particulars:-

(a) the name of the Jagirdar under whom he is a Shikmi;

(b) the area of Khud-kasht land in the possession of the Shikmi;

(c) the period of possession giving the agricultural year from which the sub-tenant or Shikmi is in possession;

(d) rent paid by the Shikmi to the Jagirdar;

(e) the area of Khud-kasht land which the applicant wants to be allotted to him as an occupant.

(3) On receipt of an application under sub-rule (2), the Tahsildar, shall after giving due notice in J.A. Form 18 to the Jagirdar and the Shikmi concerned and making such enquiries as he may deem proper, pass an order allotting so much of the land as has been in the personal cultivation of the Shikmi for more than one year and shall issue a Patta in the same form in which Pattas are issued to occupants under the Bhopal State Land Revenue Act, IV of 1932. The land revenue of the land allotted under this rule shall be fixed at the village rates.

50. (1) A Jagirdar whose Jagir land has been resumed under the Act and who on the date of resumption does not hold any land or holds less than the minimum area whether as Khud-kasht or as occupants holding anywhere in the State may apply in J.A. Form 19 to the Collector for allotment of so much area of land for his personal cultivation as to make up minimum area prescribed in the Explanation to Section 21 of the Act.

(2) The application under sub-rule (1) shall contain the following particulars :-

(a) the area of Khud-kasht land personally cultivated by the Jagirdar in each village of his Jagir;

(b) the area of land held by the Jagirdar as an occupant outside his Jagir with details of the area held and land revenue paid in each village;

(c) the area of land held by the Jagirdar as occupant outside his Jagir but transferred to any other person on or after the 6th day of May, 1952;

(d) the name of the person or persons to whom the area has been transferred and the amount of the consideration money received for the land; and

(e) the area of the land which the Jagirdar wants to be allotted to him for making up the minimum area in his personal cultivation with the name or the names of the villages where the area is situated.

(3) On receipt of the application under sub-rule (2) the Collector shall after verification of the particulars supplied by the Jagirdar and such other enquiries as he may deem proper and giving the Jagirdar a reasonable opportunity of being heard pass an order allotting so much unoccupied culturable land available in or near the village where the Jagirdar has already got some Khud-kasht land in his personal cultivation or where he resides, so as to make up the minimum area as prescribed under Explanation to Section 21 :

Provided that if the Jagirdar has on or after the 6th day of May, 1952, transferred any area of land held by him as occupant outside his Jagir, the area so transferred shall be taken into account in determining the minimum area to be allotted to the Jagirdar.

(4) The Collector shall issue a Patta of the land allotted to the Jagirdar under sub-rule (3) in the same form as a Patta is issued to an occupant under the Bhopal State Land Revenue Act, IV of 1932, and the revenue payable by the Jagirdar for such land shall be fixed at the village rates determined at the current settlement.

51. (1) If any Jagirdar has granted any Khud-kasht land to any person in lieu of maintenance allowance payable by the Jagirdar and such land is in the personal cultivation of that person he will apply in J.A. Form 20 to the Collector in which the land is situated for issuing a Patta as an occupant of the land in his personal cultivation.

(2) The application under sub-section (1) shall contain the following particulars:-

(a) Name of the Jagirdar who has granted the land;

(b) the area of the land with the name of the village where it is situated;

(c) the rent or revenue paid to the Jagirdar, if any; and

(d) the area of the land which he wants to be allotted to him as an occupant.

(3) On receipt of the application under sub-rule (1) the Collector shall after giving notices to the Jagirdar and the applicant and after making such enquiries as he may deem proper pass an order allotting to the applicant so much of the land as is in his personal cultivation on the date of resumption. A Patta shall be issued in the same form as a Patta is issued to an occupant under the Bhopal State Land Revenue Act, IV of 1932, and the land revenue payable for such land shall be fixed at the village rates determined at the current settlement.

(4) If any area of the Khud-kasht land granted by the Jagirdar to a maintenance holder or a co-sharer is not in the personal cultivation of the maintenance holder or the co-sharer but is in the possession of Shikmis, such land shall not be allotted to the maintenance holder or the co-sharer but shall be allotted to the Shikmi who has been in possession for more than one agricultural year. A Patta will be issued in the same form as a Patta is issued under the Bhopal State Land Revenue Act, IV of 1932, and the land revenue shall be fixed at the village rates determined at the current settlement.

Chapter V

Miscellaneous

52. If any suit or proceeding is pending before any Court or other authority, which directly or indirectly affects or is likely to affect the right of any person to receive the whole or part of the compensation payable under Section 9, and the Jagir Commissioner is required by that Court or Authority to place the amount of compensation at its disposal, the payment of instalments of compensation shall be withheld and the amount shall be deposited in the headquarters treasury as a deposit, to be disposed of in accordance with the orders of such Court or Authority.

53. (1) Any officer or authority holding an enquiry under the Act shall before entering upon Jagir land under clause (a) of Section 31 inform the Jagirdar and other persons in actual possession of the land of the time and date when he proposes to enter upon the land. The time should not ordinarily be before sunrise and after sun-set.

(2) The officer or any authority while making a survey or taking measurement or doing any other act on any Jagir land under clause (b) of Section 31 shall act in such a way as not to cause any damage to standing crops, fencing and other constructions on the land.

54. Any notice or other document required to be served under the Act may, if a proper service is not secured by the modes prescribed in clauses (a) to (c) of Section 35, be served-

(a) by publication in the [Gazette] or in any local Hindi paper;

(b) by posting copies thereof on the notice boards of the Collector's Office and the Tahsil;

(c) by exhibiting copies thereof at some conspicuous place in the Jagir land. 6

55. (1) Inspection of all documents, statements and registers maintained under the Act or these rules shall be allowed on application to the Jagir Commissioner during office hours on working days on payment of the same fees as are prescribed for the inspection of revenue records, statements and registers under the rules in force for the time being.

(2) Copies of such documents, statements and registers may be issued under the orders of the Jagir Commissioner passed on the application of the party concerned on payment of the same fees as are prescribed for the issue of copies of the revenue records, registers and statements under the Revenue Department's rules in force for the time being.

56. (1) If during any proceedings under the Act any question arises whether any Jagir land is a forest or is situated in a forest, or as to the limits of a forest, it shall be referred to the Collector of the district in which the land is situated, for determination under Section 37.

(2) The Collector on receipt of a reference under sub-rule (1) shall fix a date and place for the hearing of the case and after giving an opportunity to the parties concerned of being heard and taking such evidence as they may produce, decide the question on the basis of the survey maps and records prepared at the current settlement and the forest maps, if any, maintained by the Forest Department.

(3) The Collector may, if he considers necessary, make a local inspection in the presence of the parties concerned before deciding the question.

(4) After deciding the question the Collector will send a copy of his decision to the Jagir Commissioner who shall act accordingly.

57. (1) Any interested party may apply within ninety days from the date of the communication of the order to the Revenue Commissioner, the Jagir Commissioner, the Collector or the Tahsildar for the review of the order possed by himself or his predecessor under Section 42.

(2) No order shall be varied or revised unless notice has been given to the parties interested to appear and be heard.

(3) No party who has appealed from, or applied for the revision of an order shall be entitled to apply for a review of the same.

58. Every petition for appeal, revision or review shall be accompanied by a certified copy of the order to which objection is made.

59. Save as otherwise expressly provided in the Act, the court fee payable on all applications and appeals under the Act shall be the same as is provided for the time being for applications and appeals presented to a Revenue Court, and process fee shall be payable in respect of all notices issued under this Act as if they were processes issued by a Revenue Court.

J.A. Form 1

(See Rule 2)

The Government of Bhopal has resumed the Jagir noted below, with effect from.........vide Notification No........dated........from the date of resumption, i.e., from....... the right, title and interest of the Jagirdar and of every co-sharer or other person claiming through him in his jagir lands, including grove land, forests, frees, fisheries, wells, tanks, ponds, water channels, ferries, quarries, pathways, village sites, hats, bazars, mela ground, mines an4 minerals, whether being worked or not, shall stand resumed to the State Government, free from all encumbrances. But Khudkashf land in the personal cultivation of the Jagirdar, private wells, buildings, house sites and enclosures of the Jagirdar as mentioned in Section 6 of the Bhopal Abolition of Jagirs and Land Reforms Act shall continue to remain in his possession subject to the decision of the Jagir Commissioner, Bhopal.

From the date of resumption, all rights, titles, and interests created in or over the jagir land by the Jagirdar or his predecessors-in-interest shall, as against the State Government, cease and determine.

From the date of resumption, all revenue, rents and cesses in respect of any holding (including all lands leased by or on behalf of Jagirdar for any purpose other than agriculture) in the Jagir lands for any periods after the date of resumption, which but for resumption, would have been payable to the Jagirdar shall be payable to the State Government.

The Jagirdar shall within two months from the date of resumption, file a statement of claim for compensation, together with the list of the private property in the prescribed form which shall be obtained from the office of the undersigned.

Name of village.

Collector.

Jagir Resumed

J.A. Form 2

(See Rule 4)

Statement showing the amounts recovered by Shri ................. Jagirdar before the date of resumption on account of revenue, rent, cess or other dues for the agricultural year (Section 13) from occupants, shikmis or other persons in village............. Tahsil...................District........

S. No.

Date of recovery

Name of the persons with full particulars from whom recovered

Nature of the amount recovered whether as revenue, rent, cess or other dues

Amount recovered

Remarks

1

2

3

4

5

6

Note-A separate statement is to be furnished for each village in the

Jagir-

J.A. Form 3

(See Rule 5)

Statement showing the arrears of land revenue etc., referred to in Rule 5

Name of Tahsil..........................

Name of District..................

S.No.

Name of Jagirdar with parentage and residence

Nature of arrears of land revenue, abwab, Zar-i-chaharum, Zar-i-panjum, loans by State Government or by Court of Wards and other dues

Agricultural year for which the arrears are due

Amount due on date of resumption

Realisations made after the date of resumption but before the date of determination of compensation

Balance to be recovered

Remarks

Principal

Interest

Total

Principal

Interest

Total

Principal

Interest

Total

1

2

3

4

5

6

7

8

9

10

11

12

13

14

J.A. Form 4

(See Rule 10)

List of the property which...........................Jagirdar claims to be his private and personal property under Section 6 of the Act in village......................Tahsil...........District...........

S. No.

Description of the property

Khasra number in which situated

Area in acres

Land Revenue

Remarks

1

2

3

4

5

6

Note—This list should be prepared village wise.

Jagirdar

J.A. Form 5

(See rule 16)

Statement of Khudkasht lands, grove lands and orchards held by Shri........................... Jagirdar, s/o.................................................r/o...................................... Tahsil..................District..................

Name of village............................Tahsil...................................

District.....................

Date.....................

Tahsildar

S. No. of Patta

No. of Khata in Khatauni

Khasra No.

Area

Settlement soil class

Rate per acre

Land Revenue

1

2

3

4

5

6

7

Nature of tenure whether Khudkasht, grove land or orchard

Year from which recorded as Khudkasht

Name of the Shikmi, if any

Year from when Shikmi is in possession

Rent payable by Shikmi to Jagirdar

Remarks

8

9

10

11

12

13

J.A. Form 6

(See Rule 19)

List of leases and contracts granted on or after 6th May, 1952 for nonagricultural purpose or relating to forests, fisheries or quarries by........... Jagirdar

S. No.

Date of lease or contract

Nature of the lease

Area of the land or forest of which lease or contract has been given

Term of the lease or contract

Name of the lessee or contractor with parentage, residence etc.

1

2

3

4

5

6

Amount of the lease or contract money

Premium or advance money realised

Details of future instalment with date on which each falls due

Conditions of the lease or the contract

Remarks

7

8

9

10

11

Jagirdar

J.A. Form 7

(See Rule 22)

Statement of claims for compensation under Section 12 of the Act

Full name of Jagirdar

Place of residence

Date and year of last Sanad or Grant

Tenure of the Jagir whether hereditary

(Naslan-bad-Naslan) or for life-time (Hin-Hayati)

Sanadi Income of the Jagir

Name of village comprised in his Jagir

S. No.

Particulars

Area

Amount

Remarks

1.

Total area of each village or portion of a village included in the Jagir.

2.

Total cultivated area of each village in the basic year or portion of a village in the Jagir

Details of Income

3.

Land revenue including cesses or Abwab or rent payable in cash for the basic year by or on behalf of occupants, grantees at a concessional rate or rent to grove holders.

4.

When the revenue or rent of persons mentioned at No. 3 is payable in kind or partly in cash and partly in kind, the valuation at the appropriate village rates fixed at the current settlement.

5.

Where the revenue or rent of persons mentioned at No. 3 above has not been determined, the rent or revenue determined at the current settlement village rates.

6.

The valuation of Khudkasht in the personal cultivation of the Jagirdar in the basic year, at the current settlement village rate. The Khasra Nos. and area of the Khudkasht plots will be given on the back of this Form.

7.

The valuation of grove land at current settlement village rates held by the Jagirdar in the basic year. The Khasra Number and the area of the grove will be given on the back of this form.

8.

Sayar including income from hats, bazars, quarries and fisheries calculated on the basis of an average of the last 12 agricultural years.

9.

Income from forests and grazing fees, if any, received by the Jagirdar calculated on the basis of an average of the last 20 agricultural years.

10.

Total of items 3 to 9.,

Details of Dues, Taxes, Loans and Cesses

11.

Details of dues, taxes, cesses, loans, etc., Abwab, Zar-i-chaharum and Zar-i-panjum, local rates, rents and other dues payable by the Jagirdar to the State Government during the basic year.

12.

The Agricultural income-tax which but for the resumption of the Jagir would have been paid or payable for the agricultural year 1953-54.

13.

An amount equal to 20% of the gross income on account of cost of management and irrecoverable arrears.

14.

Total amount of dues and debts recoverable from the Jagirdar under clause (c) of sub-section 1 of Section 5. Details of each item should be given on the back of this Form.

15.

Total of items 11 to 13.

Details of Guzaredars

16.

Names of persons entitled to maintenance allowance together with the amount payable to each.

Details of Co-Sharers

17.

Names of Co-sharers in the Jagir together with amount of share of each-co-sharer

Details of Khudkhast and Private Property

18.

Khasra Numbers with their areas of land held as Khudkasht by the Jagirdar in the agricultural year in which the date of resumption falls.

19.

Khasra Numbers with the areas of land recorded as Khudkasht and possession of Shikmis with the period of each Shikmi.

20.

Area and land revenue of the holding or holdings held by the Jagirdar as occupants in any village outside his Jagir.

21.

Details of open enclosures, house sites, private buildings, places of worship, wells, tanks, huts, groves and orchards, which the Jagirdar claims to be continued in his possession under sub-section (1) of Section 6 of the Act.

Dated

Signature of Jagirdar

Instructions for making Entries in Form 7

1. Agricultural year—Figures in the statement are to be based on agricultural years. Agricultural year means a year beginning on 1st June and ending on 31st May.

2. Basic year—Basic year means the agricultural year immediately preceding the agricultural year in which the date of resumption falls.

3. More than one village in a Jagir—Where a Jagir consists of more than one village or parts of more than one village, a separate Form should be used for each village or part of a village and all particulars about that village or part should be entered on that Form. The Forms should be serially numbered at the space provided for the purpose at the top right corner of the Form. An additional Form should be used in which the totals of various figures for the entire Jagir should be entered.

4. To be filled in duplicate—All the forms, i.e., village-wise as well as the entire jagir will be filled in duplicate.

5. Items 1 to 2—Against these items the area only will be entered. The column of amount will be left blank.

6. Items 8 to 12—Against these items only the average of the last 12 years will be shown; while against item 9 the average of the last 20 years. The income of each year from which the average has been calculated should be shown on the back of the Form.

7. Items 16 and 17—If the names of all the maintenance holders and co-sharers cannot be entered in the space provided, the remaining names should be shown on the back of the Form, or on a separate paper.

8. Items 18,19, 20 and 21—If for want of space the details under these cannot be entered in the Form, separate lists on plain paper be attached to this statement.

9. Additional page—If it is not possible to give all t|he information required on this Form, extra page of ordinary paper may be attached to the Form and the required information given thereon.

10. Application for land for personal cultivation—Application for allotment of land for personal cultivation under Section 19 shall be made in a separate Form (J.A. Form 14) within 90 days of the resumption. A Jagirdar who has already got Khudkasht land must also make this application so that the Khudkasht in his personal cultivation may be formally allotted to him.

J.A. Form 8

(See Rule 31)

Name of Jagirdar

Name of Village

Name of Tahsil

Name of District

S. No.

Particulars

Amount

Remarks

1

2

3

4

Part I-Income

1.

Revenue or rent including cesses and local rates payable in cash for the basic year by or on behalf of the occupants, grantees of 'concessional rate or rent of shikmis and grove holders.

2.

Where the rent or revenue of persons mentioned at No. 1 above is payable in kind or partly in cash and partly in kind, the valuation fixed at the current settlement village rates.

3.

Where the rent or revenue of persons mentioned at No. 1 above has not been determined, the rent or revenue determined in accordance with the current settlement rates.

4.

The valuation of Khudkasht land at the current settlement village rates.

5.

The valuation of groves held by the Jagirdar in the basic year at current settlement village rates.

6.

Sayar including income from hats, bazars and quarries and fisheries calculated on the basis of an average of the last 19 agricultural years (Brought over from Form 8A).

7.

Income from forests and grazing fees, if any, received by the Jagirdar calculated on the basis of an average of the last 20 agricultural years (Brought over from Form 8B).

8.

Total of items 1 to 7.

Part II-Deduction

9.

Abwab, Zar-i-chaharum and Zar-i-panjum, local rates, revenue rents and other dues payable by the Jagirdar to the State Government during the basic year.

10.

The agricultural income-tax assessed for the agricultural year in which the date of resumption falls, which but for the resumption of the jagir would have been paid or payable by the Jagirdar.

11.

Cost of management and an amount in lieu of irrecoverable arrears of rent or revenue equal to 20% of the gross income.

12.

Total of items 9 to 11.

13.

Total amount of dues and debts recoverable from the Jagirdar under Section 5 (1) (c).

Part III-Khudkasht

14.

Total area of Khudkasht allotted to the Jagirdar.

15.

Total cultivated area of the jagir.

16.

Percentage of Khudkasht area allotted to total cultivated area, i.e., 14/15.

Part IV-Amount of Compensation

17.

Net income of the Jagirdar, i.e., item 8 minus item 12.

18.

Multiple applicable of the Jagirdar under clause (5) of the Schedule to the act.

19.

Total amount of compensation calculated under para 5 of the Schedule to the Act.

20.

Amount payable to Co-sharers as per Form 8C.

21.

Amount payable to maintenance holder as per Form 8D.

22.

Arrears of cesses, Zar-i-chaharum and Zar-i-panjum or other dues recoverable from the Jagirdar and all loans advanced by the State Government or the Court of Wards.

23.

Interim compensation, if any, paid to the Jagirdar.

24.

Total of items 13, 20 to 23.

25.

Balance due to the Jagirdar, i.e., item 19 minus item 24.

J.A. Form 8 (A)

(See Rule 31)

Statement of annual income from Sayar

Name of Jagirdar

Name of Village

Name of Tahsil

Name of District

S. No.

Year

Total Income from hats and bazars

Total Income from fisheries

Total Income from quarries

Total Income from other sources of Sayar

Total of Columns 3 to 6

Remarks

1

2

3

4

5

6

7

8

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Total

Average

J.A. Form 8 (B)

(See Rule 31)

Statement of income from forests and grazing fees

Name of Jagirdar

Name of Village

Name of Tahsil

Name of District

S. No.

Year

Total Income from forests during the year

Total Income from grazing fees during the year

Total of Columns 3 and 4

Remarks

1

2

3

4

5

6

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Total

Average

J.A. Form 8 (C)

(See Rule 31)

Name of Jagirdar

Name of Village

Name of Tahsil

Name of District

S. No.

Name of Co-sharer

Share in the Jagir

Net amount of compensation on which the co-sharer is entitled to get his share

Amount due to the co-sharer

Remarks

1

2

3

4

5

6

J.A. Form 8 (D)

(See Rule 31)

Amount of compensation payable to person receiving maintenance

Name of Jagirdar

Name of Village

Name of Tahsil

Name of District

S.No.

Name of maintenance holder

Amount of maintenance allowance payable in the Basic year under the terms of the Sanad, Iqrarnama, order of Ruler, Government or court

Sanadi income of the Jagir at the time when the allowance was fixed

Percentage of col. 3 to 4

1

2

3

4

5

Net amount of compensation payable to Jagirdar

Amount of the annual instalment payable to the Jagirdar

An amount which should bear the same ratio to the amount in col. 7 as the amount in col. 3 bears to the amount in col. 4

Amount of maintenance allowance fixed by the Jagir Commissioner

Remarks

6

7

8

9

10

J.A. Form 9

(See Rule 35)

Certificate

This is to certify that Shri .......... son of Shri ....... resident of...........Tahsil......District........has been held under Section 13 of the Bhopal Abolition of Jagirs and Land Reforms Act, 1953 to be entitled to compensation of Rs (in words) on account of the resumption of his Jagir. The above-mentioned amount will be paid to him in.......... annual instalments as mentioned below along with simple interest at 2-½% per annum on the production of this certificate.

Date

Jagir Commissioner

Bhopal State.

1. Amount of compensation

2. Deductions on account of interim compensation and other dues....

3. Net amount of compensation..........................................................

4. Annual instalments of Rs........................................each

5. Interest payable each year Rs .....................................................

6. Date of payment of each instalment..........................................................................................

7. Treasury or sub-Treasury at which the instalments and interest payable..............................................................

No. of instalments

Amount of instalment

Amount of interest

Total of Cols 2 & 3

Date of payment

Signature of recipient

Initial of T.O. or S.T.O.

Remarks

1

2

3

4

5

6

7

8

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Copy to—1. The Jagirdar Shri............

2. The Finance Secretary to Bhopal State Government.

J.A. Form 10

(See Rule 40)

Application for purchase of annuity under Rule 40

To,

    The Jagir Commissioner,

    Bhopal.

I .......................... age...........son of....................... resident...........................Tahsil........................................District........................ want to purchase annuity for an amount of Rs................. (in words).............. out of the compensation of Rs..........(in words)........................ which has been determined and is payable to me in........ equal annual instalments, and therefore request you kindly to pay Rs.... (in words) ............in one lump sum out of the compensation payable to me to (Insurance Company) which I have selected for purchasing an annuity of Rs..............The payment of this amount to.........................Insurance Company through me shall be a full discharge of the State Government from the liability to pay the above-noted amount towards compensation in lieu of the resumption of my Jagir lands.

The Government will not in future be responsible for the regular payment of the annuity by...........................Insurance Company and it will be a matter entirely between me and the Insurance Company, with whom I will deal directly.

Date..............

Jagirdar

J.A. Form 11

(See Rule 43)

Application for interim compensation under Section 16

From................................. Jagirdar s/o..............................resident of......................................

To,

    The Jagir Commissioner,

    Bhopal.

Sir,

My Jagir was resumed on ................As the compensation payable to me has not yet been determined I request that Rs by way of interim compensation may be paid to me under Section 18 of the Act. The amount of interim compensation that is paid to me may be deducted from the first instalment of compensation payable to me. Details of my Jagir are as follows-

1.

Name of Tahsil and District in which Jagir lies.

2.

Sanadi income of the Jagir.

3.

Gross income of the Jagir as given in Form 5.

4.

Net income of the Jagir.

5.

Amount of dues and debts recoverable from me under Section 5 (1) (e).

Name

Amount

6.

Names of persons entitled to maintenance allowance with the amount payable to each.

7.

Name of Co-sharers and the amount payable to each.

8.

Area of Khudkasht land continuing in my possession after the resumption of the Jagir.

Date.................

Signature of Jagirdar.

J.A. Form 12

(See Rule 46)

Bond

Know all men present that I.............. son of............. resident of.............................bounds to the President of India, his successors in office or assigns (hereinafter described as Government) in the sum of Rs............ (in words)................to be paid to the State Government, for which payment will and truly be made I bind myself and my heirs, executors, administrators and representatives.

Where the Government have paid to the said.................... an amount of.............as interim compensation in lieu of the extinction of my rights as Jagirdar in the Jagir situated in village.......... of Tahsil.......... District...............

And whereas in pursuance of the rule for the payment of interim compensation under the Bhopal State Abolition of Jagirs and Land Reforms Act, 1953, the Jagirdar receiving interim compensation is required to execute a bond for the amount paid to him as interim compensation undertaking to repay the amount in case final orders of award of compensation do not entitle the said Jagirdar to the extent or share of the Jagir to which the said Jagirdar was in the interim order previously held entitled.

Now the condition of the above written bond is that if the final award of compensation is made in favour of the said for the full amount of his bond the above written bond will become avoid and shall be of no effect but otherwise the same shall be and remain in full force and effect.

In witness to the above written bond and all the terms and conditions herein before contained I have hereunto set my hand this............... day of...................

Signed in the presence of............................. and of...........

Witnesses :

1. Signature........................

Date......................

2. Signature........................

Date......................

J.A. Form 13

[See Rule 48 (1) and (2)]

Application for allotment of land for personal cultivation of Jagirdar under Section 19 (1)

To,

    The Tahsildar of Tahsil...........District........

Sir,

My Jagir lands have been resumed with effect from I hereby apply under Section 19 (1) of the Bhopal Abolition of Jagirs and Land Reforms Act, 1953, for allotment of land to me for personal cultivation. The necessary particulars are given below-

S.No.

Headings

Details

1.

Full name of the applicant and residence.

2.

Description of the Jagir land.

3.

Date of resumption of the Jagir land.

Village        Area

4.

Total area of the Jagir land under cultivation on the date of resumption in each village.

5.

Names of the Co-sharers, if any, in the jagir land and the extent of their shares.

6.

Area of recorded Khudkasht land, if any-

Village      Area      Period of Possession.

(a) under the personal cultivation of the Jagirdar on the date of resumption.

(b) in the possession of Shikmis for less than one year.

(c) in the possession of Shikmis for more than one year.

(d) in the possession of Co-sharers.

(e) in the possession of maintenance holder.

Village          Area

7.

The area of culturable waste land available in each village.

8.

The agricultural year from which the land has been recorded as the Khudkasht in the land records.

9.

Area of Khudkasht land lying fallow and the year since when it has been lying fallow.

10.

Area of land reclaimed by the Jagirdar from waste land and the year in which it was reclaimed.

11.

Area of the reclaimed land personally cultivated by the Jagirdar himself on the date of resumption.

12.

Area of reclaimed land let out to Shikmis.

13.

Area of land with details which the Jagirdar wants to be allotted to him as occupant on payment of land revenue at current settlement village rates.

Dated

Signature of Jagirdar

Instructions

1. No. 6 (a)—Only the total area of Khudkasht under the personal cultivation of the Jagirdar should be shown. The Khasra Number, area and the method to personal cultivation of each plot should be shown on the back of the Form or on separate pages of ordinary paper to be attached to the Form. By method of cultivation is meant-

(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 crops) or by hired labour under one's personal supervision or supervision of any member of one's family:

Provided that in the case of 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.

2. Nos. 6, 7, 9, 10, 11, 12 and 13—If there is insufficient space against these items, the remaining numbers can be entered on the back of the Form, or on separate pages of ordinary paper attached to the Form.

J.A. Form 14

[See Rule 48 (3)]

Notice to person who has applied for allotment of land for Personal cultivation under Section 19

In the Court of Tahsildar of..........................

District..............................................

Application No.............of 20...........Village....

The application made by you for the allotment of land for personal cultivation shall be heard by me on at You should appear before me on the said date at 11 A.M. either personally or through a duly authorised agent and reply to any objections that may be raised to the allotment of the land to you.

In case you do not appear on the date fixed, the matter will be heard and decided in your absence.

Date

Seal

Tahsildar

J.A. Form 15

[See Rule 48 (3)]

Notice to other persons under Section 20 of the Bhopai Abolition of Jagirs and Land Reforms Act, 1953.

In the Court of Tahsildar of..........................

District..............................................

Application No.............of 20...........village....

Whereas Shri ............................. of........... has applied for the allotment of land mentioned below to him for personal cultivation, notice is hereby given that if you have any objection to the allotment of the land to him, you should appear before me on.......................... at 11 A.M. and show cause why the land should not be allotted to him.

In case you do not appear on the date fixed, the matter will be heard and decided in your absence.

Numbers applied for.

Name of village.............. Khasra No...........Area ....

Date

Seal

Tahsildar

J.A. Form 16

[See Rule 48 (4)]

Patta

The following land is hereby allotted to Shri..................... s/o........................... Tahsil....... District....... for personal cultivation as occupant at the current settlement village rates under Section 20 of the Act, with effect from Kharif.... agricultural year beginning on 1st June, 20.

Name of Vilage......... Tahsil........ District.......

S.No. of Patta

Khasra No.

Area

Soil class

Rate per acre

Land revenue

Cess or Abwab

Total

Remarks

1

2

3

4

5

6

7

8

9

Date

Tahsildar

J.A. Form 17

(See Rule 49)

Application by, Shikmi of Khudkasht land for allotment of land which has been in his possession for more than one agricultural year.

I...................... Shikmi of the following Khudkasht land under shri........................... Jagirdar in village ................... Tahsil.......Dlstrict............. request that the land detailed below which has been in my personal cultlvation for more than one agricultural year may kindly be allottgdjo me as occupant at current settlement village rates.

Khasra No.

Area

Soil class

Rate per acre

Land revenue

Period of possession and the year when his possession began

Rent paid to Jagirdar before resumption of the Jagir

Remarks

1

2

3

4

5

6

7

8

Date......

Shikmi.......

J.A. Form 18

(See Rule 49 (3))

Notice to Shikmi and Jagirdar under Rule 49 (3)

In the Court of Tahsildar............... District....................

The application No............... dated of Shri...................... s/o.................r/o.................Shikmi for allotment of the land mentioned below will be taken up for hearing at the Tahsil........... on........... at.......... A.M. You .......... Jagirdar/Shikmi should appear before me on the said date and time and say what you have to say against/in support of the application.

In case you do not appear on the fixed date, the matter will be heard and decided in your absence.

Name of Village Khasra Number Area ......

Dated

Tahsildar

J.A. Form 19

(See Rule 50)

Application for allotment of unoccupied culturable land for personal cultivation to make up minimum area under Section 21 (3)

To,

    The Collector........

Sir,

My Jagir lands have been resumed with effect from ................

I hereby apply under Section 21 (3) of the Bhopal Abolition of Jagirs and Land Reforms Act, 1953, for allotment of unoccupied culturable land for personal cultivation. The necessary particulars are given below-

S.No.

Headings

Details

1.

Full name of the applicant and residence.

2.

Area of Khudkasht land personally cultivated by the Jagirdar in each village of his jagir.

3.

Area of land held by the Jagirdar as an occupant outside his jagir with-

(a) Details of the area held in each village; and

(b) Land revenue paid in each village.

4.

Details of the area which was held by the Jagirdar as occupant outside the jagir but has been transferred to any other person on or after the 6th day of May, 1952.

(a) Area transferred;

(b) Name of person or persons to whom area has been transferred; and

(c) Amount of the consideration money received for the land.

5.

Total cultivated land in each jagir village on the date of resumption.

6.

Area of Khudkasht land already allotted to him under Sections 20 and 21 (1) of the Act.

7.

Area of the land which the Jagirdar wants to be allotted to him for making up the minimum area in his personal cultivation with the name of the village where the area is situated.

Signature of the Jagirdar

Instructions

1. No. 2—Only the total area of Khudkasht under the personal cultivation of the Jagirdar should be shown. The Khasra Number, area and the method of personal cultivation of each plot should be shown on the back of the Form or on separate pages of ordinary paper to be attached to the Form. By method to cultivation is meant-

(i) by one's own labour;

(ii) by the labour of any member of one's family;

(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 supervision of any members 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.

2. Nos. 3, 4, 6 and 7—If there is insufficient space against these items, the Khasra numbers with their areas can be entered on the Back of the Form or on separate pages of ordinary paper attached to the Form.

3. The words 'minimum area' used in serial No. 6, means ten percent, of the total cultivated land in the Jagir at the date of resumption (subject to a maximum of 50 acres) or 50 acres, whichever is greater :

Provided that in no case the minimum area shall exceed 50 acres.

J.A. Form 20

(See Rule 51)

Application by a Guzaredar for issue of Patta as an occupant of the land in his personal cultivation, granted by the Jagirdar, in lieu of maintenance allowance.

To,

The Collector...........

Sir,

I hereby apply under Rule 50 of the Bhopal Abolition of Jagirs and Land Reforms Rules, 1953, for issue of Patta as an occupant of the land, which is in my personal cultivation and was granted to me by the Jagirdar in lieu of maintenance allowance.

The necessary particulars are given below :

S.No.

Headings

Details

1.

Full name and residence of the applicant.

2.

Name of the Jagirdar who granted the land.

3.

Relationship with the Jagirdar.

4.

Year of grant.

5.

The name of the village where the land is situated.

6.

Area of the land in personal cultivation.

7.

Amount of rent or revenue paid to the Jagirdar, if any.

8.

Details of village, area, Khasra Number and land revenue of the land which he wants to be allotted to him as occupant.

Village...........................

Khasra No....................

Area...............................

Land Revenue.................

Signature of the Guzaredar.

Instructions

1. No. 6—Only the total area of Khudkasht under the personal cultivation of the Guzaredar should be shown. The Khasra Number, area and the method of personal cultivation of each plot should be shown on the back of the Form or on separate pages of ordinary paper to be attached to the Form. By method of cultivation is meant-

(i) by one's own labour;

(ii) by the labour of any member of one's family;

Or

(iii) by servants on wages payable in cash or in kind (but not in a share of the crops) or by hired labour under one's personal supervision or 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.

2. Nos. 6 and 8—If there is insufficient space against these items, the Khasra numbers with their areas can be entered on the back of the Form or on separate pages of ordinary paper attached to the Form.