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State of Madhya Pradesh - Section

Section 258 in The M.P. Land Revenue Code, 1959

258. General rule making power.

(1)The State Government may make rules generally for the purpose of carrying into effect the provisions of this Code.
(2)In particulars and without prejudice to the generality of the foregoing powers such rules may provide for-
(i)the terms and conditions of service of the President and members of the Board of Revenue constituted under Section 3;
[(i-a) prescription of Form for publishing proposal under section 13(2);] [Inserted by M.P. Act No. 23 of 2018]
(ii)[ the prescription of the duties of Superintendents of Land Records and Assistant Superintendents of Land Records under section 20(2);] [Substituted by M.P. Act No. 23 of 2018]
(iii)[ rates for assessment, imposition of premium and assessment and reassessment of land revenue and manner for intimation of diversion under section 59;] [Substituted by M.P. Act No. 23 of 2018]
(iv)assessment on unassessed land under Section 60;
[(iv-a) prescription of other record under section 61(e); [Inserted by M.P. Act No. 23 of 2018](iv-b) powers to be exercised and duties shall be discharged under section 63(2);]
(v)[ formation of survey numbers, block numbers, plot numbers and their grouping into villages in non-urban areas or into sectors in urban areas under section 67; [Substituted by M.P. Act No. 23 of 2018]
(v-a) division or amalgamation of any survey number, block number, plot number and assessment thereof under sub-section (3) of section 68;]
(vi)[ entry of survey numbers, block numbers and plot numbers and their sub-divisions in land record under section 69;] [Substituted by M.P. Act No. 23 of 2018]
(vii)[ division and alteration of village or sector by dividing or uniting the villages or sectors under section 71;] [Substituted by M.P. Act No. 23 of 2018]
(viii)[ rates of fixation of assessment on holding under section 72;] [Substituted by M.P. Act No. 23 of 2018]
[***] [Deleted 'clauses (ix), (x) and (xi)' by M.P. Act No. 23 of 2018]
(ix) the necessary inquiry which shall be completed and the form in which and the particulars with which the proposals for assessment rate shall be forwarded under Section 77;(x) the manner in which notice of assessment shall be given under Section 82;(xi) the manner of inquiry into the profits of agriculture and into the value of land used for agriculture and non-agricultural purposes under Section 87;
(xii)[ the regulation of the conduct of land survey under section 77.] [Substituted by M.P. Act No. 23 of 2018]
(xiii)regulation of division of lands in urban areas into plot numbers, recognition of existing survey numbers as plot numbers, reconstitution of plot numbers or formation of new plot numbers under Section 93;
(xiv)the manner of dividing plot numbers into sub-divisions and apportioning the assessment of plot number among the sub-divisions; and the limits either of area or of land revenue or both in any local area for recognition of sub-divisions under Section 94;
[***] [Deleted 'clauses (xv), (xvi), (xvii) and (xviii)' by M.P. Act No. 23 of 2018]
(xv) prescription of records under Section 95;(xvi) prescription of other special purposes under Section 96;(xvii) the manner of publishing the standard rates under Section 97;(xviii) (a) the manner of keeping record of all registered sales and leases of lands under Section 98(1), and(b) determination of the average annual letting value of lands under Section 98(2);
(xix)[ prescription of other duties of patwaris and Nagar Sarvekshaks under section 104 (2);] [Substituted by M.P. Act No. 23 of 2018]
(xx)prescription of other duties of Revenue Inspectors under Section 106;
(xxi)[ prescription of other particulars and scale of map under section 107;] [Substituted by M.P. Act No. 23 of 2018]
(xxii)the prescription of the form of, and the additional particulars to be entered in the papers to be included in the record of rights under Section 108;
(xxiii)[ prescription of Forms of, and manner for- [Substituted by M.P. Act No. 23 of 2018]
(a)reporting of acquisition of right, intimation;
(b)pre-mutation sketch, if any;
(c)acknowledgement,
(d)registers,
(e)writing, intimation or displaying of notice;
(f)supply of copy;
(g)information of pending cases; and
(h)prescription of fees, under sections 109 and 110;]
[[(xxiv) ***] [Substituted by M.P. Act No. 25 of 1964 (w.e.f. 23-4-1964).]
(xxv)[ preparation and prescription of land records under section 114;] [Substituted by M.P. Act No. 23 of 2018]]
[(xxv-a) prescription of fee on the payment of which Bhoo Adhikar Pustika shall be provided and details of particulars entered into under section 114-A;] [Inserted by M.P. Act No. 23 of 2018]
(xxvi)the regulation of requisition of assistance under Section 120;
(xxvii)preparation, maintenance and revision of land records under Section 121;
[(xxvii-a) manner in which objection shall be disposed of by Tahsildar under Section 123 (3);] [Inserted by M.P, Act No. 25 of 1964 (w.e.f. 23-4-1964).]
(xxviii)[ specification of, and manner of, construction and maintenance of boundary marks of villages, sectors and survey numbers or plot numbers under section 124;] [Substituted by M.P. Act No. 23 of 2018]
(xxix)[ the manner of demarcating boundary marks between a village road, village waste or land reserved for community purposes and the land adjoining it and the manner in which they shall be kept in repair and renewed under section 127;] [Substituted by M.P. Act No. 23 of 2018]
(xxx)the procedure of demarcating the boundaries of survey numbers, sub-divisions, or plot numbers, the nature of boundary marks' and the levy of fees under Section 129;
(xxxi)[ manner, persons to whom and the places where, the land revenue shall be paid under section 140;] [Substituted by M.P. Act No. 23 of 2018]
(xxxii)the form in which receipt shall be given under Section 142;
(xxxiii)the regulation of remission or suspension of land revenue under Section 144(1);
(xxxiv)the guidance of Revenue Officers in issuing notices of demand under Section 146 and executing the processes specified in Section 147
(xxxv)prescription of the form of application1 [for grant of annuity, the time within which such application shall be made] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 2-10-1959).] and the conditions of such grant under Section 160;
(xxxvi)the regulation of reduction of revenue [***] [Omitted 'during the currency of settlement' by M.P. Act No. 23 of 2018] under Section 161;
(xxxvii)[ x x x] [Omitted by M.P. Act No. 23 of 2018]
(xxxviii)prescription of the ceiling limits of land under Section 165,
(xxxix)prescription of the manner in which land forfeited under Section 166 shall be selected and demarcated and land revenue fixed on land left with transferee;
(xl)regulation of the procedure in disposing of claims to be placed in possession of a holding under Section 170;
[(xl-a) the form and manner in which information shall be notified to Sub-Divisional Officer under sub-section (1) of Section 170-B,] [Inserted by M.P. Act No. 15 of 1980 (w.e.f. 24-10-1980).]
(xli)[ ***] [Deleted by M.P. Act No. 23 of 2018]
(xlii)regulation of relinquishment of rights by a bhumiswami under Section 173;
(xliii)[ ***] [Deleted by M.P. Act No. 23 of 2018]
(xliv)
(a)regulation of partition of holdings sand apportionment of assessment, under Section 178(2); and
(b)[ x x x] [Omitted by M.P. Act No. 25 of 1964 (w.e.f. 23-4-1964).]
[(xliv-a) regulation of partition in life time of a Bhumswami and apportionment of assessment under section 178-A;] [Inserted by M.P. Act No. 23 of 2018]
(xlv)guidance of Revenue Officers with regard to applications for purchase of right in trees under Section 179 (2);
(xlvi)[ x x x] [Omitted by M.P. Act No. 25 of 1964 (w.e.f. 23-4-1964).]
[***] [Deleted 'clauses (xlvii) to (li)'by M.P. Act No. 23 of 2018]
(xlvii) prescription of the manner of selection and demarcation of land allowed to be resumed by a bhumiswami under Section 189 and the fixation of land revenue on it and fixation of rent in respect of land left with the occupancy tenant;(xlviii) prescription of the manner and the form in which amount of compensation shall be deposited by an occupancy tenant payable to his bhumiswami under Section 190(5);[(xlviii-A) prescription of time within which an application under subsection (1) of Section 191 shall be made;] [Inserted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961.](xlix) the regulation of the procedure in disposing of claims to be placed in possession of an occupancy holding which has been transferred under Section 197;(l) prescription of the manner of selection and demarcation of land vesting in the State Government and the fixation of land revenue on the land reserved by the bhumiswami under Section 198 (4);(li) the form and the manner in which the receipt for rent shall be given under Section 199;
(lii)the regulation of assessment of increase and reduction in land revenue required or permitted under Chapter XV;
(liii)the regulation of appointment of patels under Section 222(1), the manner of distribution of duties of the office of patel where there are two or more patels in a village, fixation of remuneration of a patel, and prescription of additional duties of patel under Section 224 and his removal from office under Section 226 and the appointment of a substitute under Section 228;
(liv)the regulation of the sanitation of villages, the burial of the carcasses of animals, the protection and fencing of wells, the upkeep of village roads and like matters of village self-government for villages not included within the area of a municipality or a municipal corporation, or a notified area committee or a Gram Panchayat;
(lv)[ (a) the appointment punishment, suspension and dismissal of Kotwars, [Substituted by M.P. Act No. 31 of 1982 (w.e.f. 1-3-1982), published in M.P. Rajpatra, dated 29-10-1982.]
(b)the prescription of the duties and mode of supervision of Kotwars;]
(lvi)[ ***] [Deleted by M.P. Act No. 23 of 2018]
(lvii)prescription of the record to be maintained under Section 233;
[(lvii-a) prescription of the record to be maintained under section 233-A;] [Inserted by M.P. Act No. 23 of 2018]
(lviii)the manner in which the wishes of the villagers shall be ascertained under Section 234 (2);
(lix)
(a)regulation of setting apart of unoccupied land for the exercise of nistar rights under Section 237 (1); and
(b)other purposes for the exercise of nistar rights under Section 237 (l)(k);
(c)[ regulation of diversion of unoccupied land under Section 237 (3).] [Inserted by M.P. Act No. 1 of 1998 (w.e.f. 5-1-1998).]
(lx)[ manner for calculation of compensation under section 239 (6);] [Substituted by M.P. Act No. 23 of 2018]
(lxi)the regulation of the cutting of trees under Section 240 (1), and of control, management, felling or removal of the forest growth under Section 240 (3);
(lxii)prescription of the manner of proclaiming an order published under Section 241 and regulation of the felling or removal of trees thereunder;
(lxiii)
(a)the manner of ascertaining and recording the customs in regard to matters specified in Section 242 (1); and
(b)the manner of publication of record of customs under Section 242 (2);
(lxiv)prescription of the manner of disposal of sites in the abadi area under Section 244;
(lxv)regulation of fishing, catching hunting or shooting of animals in villages and removal of any materials from land belonging to the State Government under Section 249;
[(lxv-a) for the purpose of carrying into effect the provisions of section 250;] [Inserted by M.P. Act No. 23 of 2018]
(lxvi)
(a)prescription of the form of application under Section 251 (2); and
(b)the regulation of the use of water from tanks under Section 251 (6);
(lxvii)[ ***] [Deleted by M.P. Act No. 23 of 2018]
(Ixviii)prescription of standards of cultivation and management under Section 255;
(lxix)prescription of conditions for inspection and grant of copies of records, maps and land records under Section 256;
(lxx)generally for the guidance of Revenue Officers and all other persons in proceedings under this Code;
(lxxi)any other matter which has to be or may be prescribed.
(2A)[ The State Government may, from time to time, make rules consistent with the provisions of this Code regulating the practice and procedure of the Board and the procedure to be followed by other Revenue Courts and may by such rules annul, alter or add to all or any of the rules in Schedule I.
(2B)In particular and without prejudice to the generality of the powers conferred by sub-section (2A), such rules may provide for all or any of the following matters, namely, —
(a)the service of summons, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service;
(b)the regulation of power of Revenue Officers to summon parties and witnesses and the grant of expenses to witnesses;
(c)the regulation of recognised agents with regard to appearances, applications and acts done by them in proceedings under this Code;
(d)procedure to be observed in effecting attachment of movable and immovable properties;
(e)procedure for publishing, conducting, setting aside and confirming sales and all ancillary matters connected with such proceedings;
(f)the maintenance and custody, while under attachment, of livestock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property and the proceeds of such sale;
(g)consolidation of appeals and other proceedings;
(h)all forms, registers, books, entries and accounts which may be necessary or desirable for the transaction of the business of Revenue Courts;
(i)the time within which, in the absence of any express provision, appeals or applications for revision may be filed;
(j)the cost of and incidental to any proceedings;
(k)examination of witnesses on commission and payment of expenses incidental to such examination;
(l)licensing of petition-writers and the regulation of their conduct.
(2C)Such rules shall, from the date of publication or from such other date as may be specified, have the same force and effect as if they were contained in Schedule I.] [Inserted by M.P. Act No. 23 of 2018]
(3)All rules made under this section shall be subject to the condition of previous publication.
(4)All rules made under this Code shall be laid on the table of the Legislative Assembly and shall be subject to such modifications as the Legislative Assembly may make.