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State of Madhya Bharat - Section

Section 4 in Rules for the Purpose of Section 6 of the Madhya Bharat Abolition of Jagirs Act

4. Manner of inquiry.

- If the Jagirdar and the lessee or the contractor submit their reply to the notice before the prescribed date or on such date as may be subsequently fixed by the Jagir Commissioner, the Jagir Commissioner shall proceed to examine the case as under :A. Lease of Land for Non-Agricultural purpose-
(i)Whether the Jagirdar leased out the land or entered into a contract on or after the 29th January, 1949 ?
(ii)Whether the lease or contract was for a period of three years or more ?
(iii)Whether the Jagirdar leased out the land on receipt of application of the lessee and if so, what terms did the lessee offer for the lease of the land and what terms were accepted by the Jagirdar ?
(iv)Whether the lease was reduced to writing and registered according to law ?
(v)Whether the inhabitants of the Jagir-land had any objection to the lease, if so, what were the grounds for rejecting them ?
(Vi)Whether there was any demand for a lease from the inhabitants of the Jagir-land, if so, whether it was considered by the Jagirdar and rejected on any reasonable ground ?
(vii)Whether the lease rent demanded by the Jagirdar was such as could not be reasonably paid by any other applicant ?
(viii)Whether the purpose for which land was leased out was beneficial to the inhabitants of the Jagir or any neighbouring village or of benefit to the public at large ?
(ix)Whether there has been a demand in the past for the use of the Jagir-land for non-abricultural purposes, if so, why the Jagirdar did not lease out the land before ?
B. Contract relating to Forest-
(x)Whether the Jagirdar had regularly demarcated the forest area in his Jagir-land ?
(xi)Whether the Jagirdar had the power under his Sanad to give contracts relating to any kind of forest produce as defined in the law then in force ?
(xii)Whether the Jagirdar gave a contract of any forest area in the past three years prior to January 1948, if so, what was the area of such coupe and the contract money and for what purpose it was given. Whether the contract money was paid in lump sum in such cases or by instalments ?
(xiii)Whether the forest area for which the Jagirdar had entered into a contract was about the same as in previous years or abnormally high, if so, what were the reasons for leasing out such a large area at a time when a legislation for abolition of Jagir-land was anticipated.
(xiv)Whether the contract had been reduced to writing and registered according to law? What was the contract money agreed to be paid by the contractor to the Jagirdar? Whether the contractor had paid the contract money in lump sum or by yearly instalments .
(xv)Whether the contractor had executed the terms of the contract or failed to do so and what had been its result ?
(xvi)Whether the forest produce of the forest area for which contract had been given was at the stage of extraction or not ?
(xvii)Whether the contractor extracted the forest produce or felled the trees according to some programme or tried to extract the produce or cut the trees irregularly and as early as possible to escape from the risk of the cancellation of the contract at any time ?