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State of Himachal Pradesh - Section

Section 14 in The Himachal Pradesh Nautor Land Rules, 1968

14. Procedure.

- On receipt of an application for the grant of nautor land, the following procedure shall be adopted: -
(a)The Sub-Divisional Officer (Civil) of the Sub-Division shall cause the application to be entered in the Misal Band Register to be maintained, by the Tehsil Revenue Officer in Form A' appended to these rules. The register file No shall be marked on the original as well as on the blank application forms where after these blank forms shall be filed up by the Tehsil Revenue Officer on the basis of the original application.
(b)The Sub-Divisional Officer (Civil) shall cause to be prepared 3 copies, free of cost, of Tatima Shajra attached to the original nautor application and append one copy thereof with each of the duplicate application forms furnished by the applicant. The correctness of the copies of the application form and Tatima Shajra shall be scarified by the Tehsil Revenue Officer.
(c)The original application shall be retained in the office of the Sub-Divisional Officer (Civil) and the remaining copies shall be forwarded one each to the Girdawar Kanungo, the Gram Panchayat of the area and the Forest Range Officer of the Territorial Range, simultaneously, inviting their comments;
(d)On receipt of the application the Girdawar Kanungo of the circle shall visit the spot and check the Tatima Shajra attached with the application. While checking the Tatima Shajra the field Kanungo will note the proximity of any forest, road, path, existing cultivation water channel public spring, the slope of the land and record a detailed report in respect of trees standing lying on the land applied for, if any, with particular of their kind. He shall also make his report on the following points: -
(i)the size of the family of the applicant and the size of the holding(s) he owns or possesses in the circle and elsewhere. While the Field Kanungo shall be personally responsible for the accuracy of the particulars of the holding within the circle, the particulars of this holding.(s), if any, elsewhere should be reported to the best of his information. In support of his report the Field Kanungo shall invariably add excerpt of Jamabandi in respect of the holding of the applicant;
(ii)whether the plot applied for is suitable for the purposes for which it is intended to be used
(iii)the extent, nature and validity of the objections, if any,
(iv)the existing soil classification of the land applied for and the subsequent classification after grant and also the land revenue chargeable thereon, and
(v)after the above investigation, the Field Kanungo shall return the application to the Tehsil Revenue Officer within six months from the receipt thereof;
(e)The Gram Panchayat on receipt of the application shall issue a proclamation calling on any person who may have any objection to the grant of the nautor, to make his objection. A period of one month shall be allowed for receiving objections, if any. After the expiration of the said period of one month, the Gram Panchayat shall consider these objections and record report to on the existing rights in the land and the objections its grant, if any, and return the application to the Tehsil Revenue Officer within 6 months from the date of receipt thereof.
In case the Gram Panchayat fails to make its report and return the application within the stipulated period of 6 months,it shall be presumed that the Gram Panchayat has no comment to offer and the application shall be processed further accordingly;
(f)The Forest Range Officer shall return the application, within 6 months of its receipt with his comments. His report shall contain the number, kind, girth and value of the trees standing or lying on the land applied for and the gradient of the land with either particulars, if any;
(g)On receipt of the reports from the Girdawar Kanungo and the Gram Panchayat and the Forest Range Office concerned the Tehsil Revenue Officer shall append these reports with the original application and forward the case to the Sub-Divisional Officer of the Sub-Division, with its consolidated reports, and it shall be the responsibility of the Tehsil Revenue Officer to forward the nautor application complete in all respect to the Sub-Divisional Officer (Civil) within 9 months from the date of its institution;
Provided that the Tehsil Revenue Officer shall, upon non-receipt of duly investigated application within the stipulated period from either the Girdawar Kanungo,the Gram Panchayat or the Forest Range Officer, the Tehsil Revenue Officer shall presume that he defaulter has no comments to offer. In such an event the Tehsil Revenue Officer shall process the application further itself and complete it within the said period of 9 months.