State of Madhya Pradesh - Act
Rules under M.P. Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950
MADHYA PRADESH
India
India
Rules under M.P. Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950
Rule RULES-UNDER-M-P-ABOLITION-OF-PROPRIETARY-RIGHTS-ESTATES-MAHALS-ALIENATED-LANDS-ACT-1950 of 1950
- Published on 27 January 1951
- Commenced on 27 January 1951
- [This is the version of this document from 27 January 1951.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
Schedule
| Area | Date | |
| (i) | Amravati, Akola, Buldana and Yeotmal districts | 14th March, 1951. |
| (ii) | Nagpur, Chanda, Wardha, Chhindwara, Betul, Jabalpur, Sagar,Mandla, Hoshangabad, Nimar, Raipur, Bilaspur, Durg, Bhandara,Balaghat, Bastar, Surguja and Raigarh district. | 31st March, 1951. |
2. If, on receipt of the application, the Additional Deputy Collector considers that it is desirable in the public interest or in the interest of persons who, by custom or by virtue of any entry in the village administration paper, enjoy any right of user over such land to refuse permission, he may, for reasons to be recorded in writing, refuse such permission.
3. Permission for clearing land for cultivation shall be granted if the following conditions are fulfilled :
4. If the Additional Deputy Collector permits the clearing of land for cultivation, he shall specify in the permission the period within which the land after its clearance shall be brought under cultivation.
2. The proprietor who derives income from big forests or village forest and who is assessed to income-tax shall in support of his claim file along with the statement of claims, copies of the returns filed before the income-tax authorities and the copies of the relevant orders of assessment on siwai income for the period for which he has been paying income-tax.
3.
4. The Compensation Officer shall fix a date for hearing and inform the applicant thereof. On the date of hearing or the date to which the hearing may be adjourned, the Compensation Officer shall proceed to determine the amount of compensation.
5. The Compensation Officer shall record a statement of compensation due to each proprietor in Form II and the details in Form III in respect of each village separately of property vesting in the State Government after acquisition in lieu of the payment of compensation and shall supply a copy of the statement to the out-going proprietor. The copy may be supplied either by tendering or delivering a copy thereof or sending such copy by post in a cover registered under the Indian Post Offices Act, 1898, to a person to whom it is to be supplied or his authorized agent or, if the supply in the manner aforesaid cannot be made, by affixing a copy thereof at his last known place of residence or some place of public resort in the village in which the property is situated.
6. The application for review under Section 15 (3) of the Act shall be ed within 30 days of the date of which the statement of compensation is supplied to the proprietor affected by the acquisition.
Form IStatement of Claims[Rule 1 under Section 12 (1) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (1 of 1951).]In the Court of the Compensation Officer at___________I,...................... s/o................resident of........Patwari Circle No..........Tahsil/Taluq.................. District..................beg to submit a statement of claims for the asssessment of compensation.2. The following is a full statement of my property of which I have been divested and which now vests in the State. The name of toe lambardar/sadar lambardar of the village or a share in which is held by me is............
[Part I] [Parts I (B), (C), (D), (E), (F) and (G) need not be filled by co-sharers, if they are unable to tile any accounts.] Proprietary RightsFor use in Central Provinces(All villages held in Madhya Pradesh should be detailed)Name of village................................Patti No........ Mahal No................... Settlement No.............Patwari Circle No................Tahsil....... District...............| Names of proprietors | Extent of share of each proprietor | Whether held jointly as an unpartitioned villageor share |
| (1) | (2) | (3) |
| Aggregate of rents receivable from tenant asrecorded in the Jamabandi for the previous agricultural year | Siwai income, i.e., income from various sourcessuch as jalkar, bankar, phalkar, hats, bazars, melas, grazing andvillage forest, calculated at two times the siwai income recordedin the current settlement | Consent money on transfer of tenancylands-average annual income calculated at the rate permissibleunder Section 6-A or Section 12-A, as the case may be, of CentralProvinces Tenancy Act, 1920, as recorded in the village papersfor ten years preceding the agricultural year in which the dateof vesting falls | Total |
| (1) | (2) | (3) | (4) |
| (Rs.) | (Rs.) | (Rs.) | (Rs.) |
| Sum assessed as land revenue on an estate ormahal in the previous agricultural year less that part of therental value of home farm land which bears the same proportion tothe rental value as the amount of the land revenue assessed onthe estate or mahal bears to the malguzari assets. | Sums found payable during the previousagricultural year by a proprietor oh account of cesses and localrates on all lands in the estate or mahal other than landscomprised in his home farm | Details of income-tax paid in respect of theincome received from big forest during the period of thirtyagricultural years preceding the agricultural year in which therelevant date falls | [Cost of management] [[Cost of management should be worked out at the rate of-(i) eight percent, in the case of gross annual income not exceeding rupees two thousand in respect of mahals;(ii) ten percent, in the case of grass annual income exceeding rupees to thousand in respect of mahals;(iii) ten percent, in the case of gross annual income exceeding rupees to thousand but not exceeding rupees fifteen thousand in respect of estates: and(iv) fifteen percent, in case of gross annual income exceeding rupees fifteen thousand in respect of estates.]] | Total | |||
| Sum assessed as land revenue on estate or mahal | Land revenue on home farm land | Net sum taken into account | Rate | Amount | |||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| (Rs.) | (Rs.) | (Rs.) | (Rs.) | (Rs.) | (Rs.) | (Rs.) | (Rs.) |
| Year | Total income on which assessment made | Amount of income-tax paid and rates | Income from the big forest included in column (2) | Remarks |
| (1) | (2) | (3) | (4) | (5) |
| (Rs.) | (Rs.) | (Rs.) | ||
| Net income on the basis of gross income minusexpenditure [(B)-(C)] | Net income on the basis of 5 percent of theannual gross income it the net income in column (1) comes to lessthan 5 percent of the gross income. |
| (1) | (2) |
| Rs. | Rs. |
| Area of the village in acres | Where a mine has been worked during the 10preceding agricultural years | |||||
| Gross income | Expenditure | |||||
| Average income on account of royalties calculatedon the basis of annual returns filed for assessment of cess orincome-tax during the ten preceding agricultural years or anyshorter period for which such returns have been filed | In case of mines worked by the proprietordirectly, average annual gross income calculated as in column (2) | Total | Average income-tax paid in respect of income incolumn (2) | 95 percent of gross income determined as incolumn (3) | Total | |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | |
| In villages in which mines have been worked | In villages in which mines have not been worked | |
| Net income on the basis of gross income minusexpenditure | Net income on the basis of 4 annas per acre ofthe entire area of the village if the amount in column (1) comesto less than the amount at 4 annas per acre | Net income at 4 annas per acre of the entire areaof the village |
| (1) | (2) | (3) |
| Rs. | Rs. | Rs. |
| Net income for ordinary proprietary rights[Amount shown in column (1) or (2) of (D), whichever is greater] | Net income for mineral rights [Amount shown (a)in column (1) or (2), whichever is greater and (b) column (3) of(F)] | Total net income [columns (1) + (2)] | Amount of compensation [(3) x 10] |
| (1) | (2) | (3) | (4) |
| Rs. | Rs. | Rs. | Rs. |
| Name of village.............. | Settlement No........... |
| Taluq........................ | District...................... |
| Name of proprietors | Extent of the share of each proprietor |
| (1) | (2) |
| Aggregate of rents payable by tenants for landsother than home-farm land for the agricultural year preceding theone in which the date of vesting falls | Average of income derived from village sites,grazing land and village forest during the ten agricultural yearsimmediately preceding the agricultural year in which the date ofvesting falls | Average of income from any other sources fromwhich the superior holder legally derived income in exercise ofhis right as such during the ten agricultural years immediatelypreceding the agricultural year in which the date of vestingfalls | Total [columns (1) + (2) + (4)] | |
| Source | Amount | |||
| (1) | (2) | (3) | (4) | (5) |
| Sum assessed during the agricultural year inwhich the date of vesting falls on account of the land revenue inrespect of lands other than home-farm | Cesses or local rates and jaglia or mahar cesspayable by the superior holder in respect of all lands other thanhome-farm land | Annual emoluments payable to patels and patwaris | One-tenth amount paid as income-tax on account ofincome from village forest during the ten immediately precedingagricultural years | [Cost of management] [[Cost of management should be worked out at the rate of-(i) 8% in the case of gross annual income not exceeding Rs. 2,000/-;(ii) 10% in the case of gross annual income exceeding Rs. 2,000; and(iii) 15% in case of gross annual income exceeding Rs. 15,000.]] | Total Columns (1) + (2) + (3) + (4) + (5) + (6)] | |
| Rate | Amount | |||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | Rs. |
| Year | Total income on which assessment made | Amount of income-tax paid and rates | Income from village forest included in column (2) | Remarks |
| (1) | (2) | (3) | (4) | (5) |
| Rs. | Rs. | Rs. | Rs. | Rs. |
| Net income on the basis of gross income minusexpenditure [(B)-(C)] | Net income on the basis of 5 percent of theannual gross income if the net income in column (1) comes to lessthan 5 percent of the gross income | Amount of compensation [amount in column (1) or(2), whichever is greater x 10] |
| (1) | (2) | (3) |
| Rs. | Rs. | Rs. |
| Name of village........ | Settlement No............... |
| Tahsil................. | District.................... |
| Name of proprietors | Extent of share of each proprietor |
| (1) | (2) |
| Aggregate of the assessment on all lands in theestate or mahal other than home-farm lands | Siwai income, i.e., income from various sourcessuch as jalkar, bankar, phalkar, hats, bazars, grazing incomefrom village forest, etc., calculated at two times the siwaiincome recorded in the current settlement and if there was nosettlement in any area, then the average annual income based onthe average income from all sources from which such income couldbe legally derived for three years immediately preceding theagricultural year in which the data of vesting falls | Consent money or the transfer of tenancy andraiyoti lands, the average annual income calculated at the ratepermissible under clause 5 of the Central Provinces States LandTenure Order, 1949, or the Makrai State Land Tenure Order, 1949,on transactions recorded in the village papers for three years orif no such village papers are maintained in any area, ontransactions taking place during the three years immediatelypreceding the agricultural year in which the date of vestingfalls | Total [columns (1) + (2)] |
| (1) | (2) | (3) | (4) |
| Rs. | Rs. | Rs. | Rs. |
| Sum assessed as land revenue on the estate ormahal in the previous agricultural year less the assessments onthe home-farm lands or where only a fraction of the sum assessedas land revenue on the estate or mahal is payable, such fractionof the sum assessed as land revenue on the estate or mahal in theprevious agricultural year less proportionate fraction of theassessment on the home-farm land | Sums found payable during the previousagricultural year by the proprietor on account of cesses andlocal rates on all lands in the estate or mahal other than landscomprised in the home-farm | Any expenditure which the proprietor is liable toincur on any duties imposed upon him as a proprietor under anyinstrument having the force of law in the local area | [Cost of management] [[Cost of management shall be worked out at the rate of-(I) 8% In the case of gross annual income not exceeding Rs. 2,000 in respect of mahals;(II) 10% In the case of gross annual income exceeding Rs. 2,000 in respect of mahals;(III) 10% in the case of gross annual income exceeding Rs. 2,000 but not exceeding Rs 15,000 in respect of estates; and(IV) 15% In the case of gross annual income exceeding Rs. 15,000 in respect of estates.]] | Total columns [(1) + (2) + (3) + (5)] | |
| Rate | Amount | ||||
| (1) | (2) | (3) | (4) | (5) | (6) |
| Rs. | Rs. | Rs. | Rs. | Rs. | Rs. |
| Net annual income | Amount of compensation | ||
| Net income on the basis of gross income minusexpenditure [(B) - (C)] | Net income on the basis of 5 percent of theannual gross income if the net income in column (1) comes to lessthan 5 percent of the gross income | Determined in accordance with Rule 8 (2) of therules in Schedule 1 of the Act | Determined in accordance with Rule 9 of the rulesof Schedule 1 of the Act |
| (1) | (2) | (3) | (4) |
| Rs. | Rs. | Rs. | Rs. |
Part II – Additional compensation payable in respect of lands lying in Municipal or Cantonment Area and vesting in the State under the act
| Details of land | Amount of compensation | ||
| Khasra/Survey No. | Area | Assessment | Amount |
| (1) | (2) | (3) | (4) |
| Acres | Rs. | Rs. | |
Part III – Amount payable for expenditure incurred after the 11th March, 1949 on any tank, well or other work used for irrigating agricultural land where such tank, well or work vests in the state under the act
| [Details of the work] [[(i) In case of a well, khasra/survey No. in which the well is situated should be mentioned in column (1).(ii) In case of a tank, khasra/survey No. in which the tank is situated and the area of the tank should be mentioned in column (1).]] | Amount spent after 11th March, 1949 | |
| Purpose on which the amount spent | Date | Amount (Rs.) |
Part IV – Total amount of compensation payable by Government
| Compensation for proprietary rights (vide Part I) | Additional compensation payable for lands lyingin municipal or cantonment area (vide Part II) | Amount payable for works (vide Part III) | Total [Columns (1) + (2) + (3)] |
| (1) | (2) | (3) | (4) |
| Rs. | Rs. | Rs. | Rs. |
Part V – The following is a full statement if land revenue, cesses, Taccavi and other Government dues outstanding against me severally or jointly with other
| Dues for the year | Amount Rs. | |
| 1. Land revenue- | ||
| Suspended arrears | ||
| Unsuspended arrears | ||
| 2. Cesses- | ||
| Suspended arrears | ||
| Unsuspended arrears | ||
| 3. Taccavi- | ||
| Not due | ||
| Due- | ||
| Suspended | ||
| Unsuspended | ||
| 4. Other Government dues, if any |
1.
I determine that the compensation payable for the property acquired in the whole of the estate/mahal/alienated village shown in column (1) of Schedule I shall be as shown in column (5) of the said Schedule.2. I further determine that the amount due to each claimant having interest in the estate/mahal/alienated village shall be as shown in Schedule II.
I
| Name of estate/mahal, with S. No./alienatedvillage/tahsil/ taluq and district | Amount of compensation due | |||
| For proprietary rights under Section 8 (1) of theAct | Additional compensation payable for lands lyingwithin the area of municipality of cantonment under Section 8 (3)of the Act | Compensation payable in respect of any tank, wellor other work under Section 8 (2) of the Act | Total | |
| (1) | (2) | (3) | (4) | (5) |
| Rs. | Rs. | Rs. | Rs. | Rs. |
II
| S. No. | Name of claimant and the extent of the share heldby him | Amount |
| 1 | 2 | 3 |
Schedule 4
Part I – A Details of Land (For use in Central Provinces)
| Area held by absolute occupancy tenants | Area held by occupancy tenants | Area held by proprietor not included in home-farm | Area of village service holdings |
| (1) | (2) | (3) | (4) |
| Area of land other than sir held by any personfrom the proprietor on favorable terms for service rendered byhim | Area under grass, scrub jungle and forest | Area under village sites, hats, bazars, melas,wells, tanks, ponds, water channels rivers, nalas, pathways andother communal land | Other unoccupied land |
| (5) | (6) | (7) | (8) |
Part I – B Details of Land (For use in Berar)
| Area held by antealienation tenants | Area held by permanent tenants | Area held by tenants of antiquity | Area under grazing and forest | Area under village sites, hats, bazars, melas,wells, tanks, ponds, water channels, nalas, rivers, pathways andland assigned for village purpose | Other unoccupied land |
| (1) | (2) | (3) | (4) | (5) | (6) |
Part I – C Details of Land (For use in Merged Territories)
| Area held by tenants and raiyots | Area held by proprietor not included in home-farm | Area of village service holdings | Area held by any person from the proprietor onfavourable terms for service rendered | Area under grass, scrub, jungle, forest | Area under village sites, hats, bazars, melas,wells, tanks, ponds, water channels, nalas, rivers, pathways andother communal land | Other unoccupied land |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
Part II – Details of tank, well or any other work used for irrigation purposes and vesting in the State Government
| Serial No. | Name of work | Details of area covered by the work | Remarks | |
| Khasra/ Survey No. | Area | |||
| (1) | (2) | (3) | (4) | (5) |
2.
3. The application may be presented in person or by an agent duly authorized in writing or by a legal practitioner duly authorized in this behalf.
4. On the receipt of an application under Section 19 (1) of the Act, if the Claims Officer finds that any proceedings are pending in a Civil Court against the proprietor for the recovery of any amount in respect of a secured debt or claim shown in the application he shall issue a notice in Form II appended to these rules to the Civil Court concerned.
5. The notice under sub-section (1) of Section 21 of the Act shall be in Form III appended to these rules and shall be accompanied by a copy of the application made under Section 19 of the Act.
Form IApplication[Rule 2 under Section 19 of the Madhya Pradesh Abolition of the Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]In the Court of the Claims Officer at......................................Under sub-section (1) of Section 19 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951),I......................................... son of...... resident of ..............tahsil/taluq................................ district.......beg to apply for the determination of my debts between my creditors and myself.2. I here by declare that I earn my livelihood wholly or mainly from agriculture or from rents or lease money received from agricultural land.
3. The following is a full statement of all secured debts and claims against my property of which I have been divested and which has vested in the State-
| Serial No. | Name, residence and full address ofdebtor/debtors with names of sureties | Amount outstanding | Description of the secured debt with detail ofthe case and court where the civil suit, if any, is pending | Names and addresses of creditors |
| (1) | (2) | (3) | (4) | (5) |
| Rs. | ||||
4. The following is a full statement of excluded debts outstanding against me severally or jointly with others-
5. The statement of all my property of which I have been divested and which have vested in the State is as follows-
| Serial No. | Description of property | Name of village Tahsil/ taluq and district | Total area of extent of share | Revenue payable | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Rs. | |||||
6. I give below the details of my income during the two years immediately prceding the year in which the date of vesting falls-
| Year | Income from agricultural sources with particularsof land from which derived | Income from other sources with particulars | Total income |
| (1) | (2) | (3) | (4) |
| Rs. | |||
2. It shall be presented in person, by an agent, by a pleader or sent by registered post and every claim not so submitted shall, under sub-section (1) of Section 22 of the Act, be deemed for all purposes and all occasions to have been discharged against such debtor.
3. You are also required on the date fixed for hearing of this case as noted below to produce the documents in your possession or control on which you base your claim and to furnish a full and true statement of accounts of all previous transactions between yourself and your debtor leading to the claim and your account books and copies thereof, if any, in your possession or control. If such documents and statement are not produced at the said hearing, the Court may, under sub-section (2) of Section 22 of the Act, declare your claim to be discharged for all purposes and occasions against the aforesaid debtor.
4. The hearing of the case is fixed for.................at 11 a.m. at.........when you should appear before the Court which shall require proof of the validity and subsisting character of the debt.
Dated............................. the................ day of...... 20....(Seal of the Court)...................................Signature of the Claims Officer2. The net amount shall be paid in instalments not exceeding eight determined as follows :
3. The amount payable to Government shall be adjusted by book-transfer by credit to the appropriate head of account and by debit to the head "65-Payment of Compensation to Landholders on the Abolition of Malguzari System." One copy of the chalan shall be filed with the compensation case, and another copy shall be forwarded to the departmental officer to whom credit has been given.
4. The amount of compensation remaining after adjustment of land revenue, cesses and other Government dues, shall be payable firstly to the creditors, if any, of the proprietor in accordance with the orders of the Claims Officer and then to the proprietor.
5. The date on which the compensation in whole or the first instalment thereof will be payable shall be the 1st May, 1952, and subsequent instalments shall be payable on the 1st May of the succeeding years. In cases where the amount of compensation is not determined before the 1st May, 1952, the first payment of compensation shall be on the 1st of the month following the date on which the amount of compensation is determined, and subsequent instalments shall be payable on the 1st May each year.
6. Interest at two and a half per centum per annum shall be paid on the total amount payable for the period from the date of vesting of the proprietary rights to the date of the first payment of compensation and thereafter on the balance of compensation each year. In calculating interest-
7. The amount of compensation shall be debited to the head "65-Payment of Compensation to Landholders on the Abolition of Malguzari System" and interest to the head "22-Interest on Debt and Other Obligations-Interest on Compensation to Malguzars."
8. If, in consequence of any proceedings under Sections 15 (2) and (3) of the Act, the quantum of compensation payable is revised, the instalments shall be refixed and payments made accordingly, any difference being paid through a supplementary voucher in Form A in accordance with the procedure prescribed in Rule 9 of these rules. Where an excess payment has been made, the excess amount of compensation and interest paid shall be recovered out of any subsequent instalment by short drawal. Where, however, the excess amount has been paid in one instalment or where it cannot be recovered out of the subsequent instalments, it shall be recoverable as an arrear of land revenue if within one month from the date of the communication of the order in such proceedings the payee fails to refund the excess amount. The excess amount so recovered should be credited into the treasury under the following heads :
9. On receipt of the case under Section 35 (1) and after ascertaining the amounts payable to the creditors under Section 35 (2) of the Act, the [Collector] [Substituted by M.P.A.L.O., 1956.] shall follow the following procedure in paying the amount to a proprietor:
10. When the payment order in Form A in respect of the amount payable in lump sum and in Form B in respect of the amount payable in instalments have been delivered and details have been entered in the registers in Form C or D, as the case may be, an entry to this effect shall be made in the order-sheet of the revenue case and the case deposited in the record-room. Further action to make the payment will be taken in accordance with the entries made in the register.
11.
12. Where a proprietor is a waqf, trust or endowment or a minor or a person suffering from legal disability or is a limited owner or the holder of life interest, the amount may be invested by the [Collector] [Substituted by M.P.A.L.O., 1956.] in Government securities, treasury notes or in fixed deposits in the Imperial Bank of India or the Madhya Pradesh Co-operative Bank after obtaining Government's prior sanction in each case :
[Provided that a part of the amount may be paid by the [Collector] [Added by Notification No. 3854-3657-XXVIII, dated 23-10-1954.]-13. As soon as entries in Part I of the Registers in Forms C and D for all the Proprietors of the district have been completed, the [Collector] [Substituted by M.P.A.L.O., 1956.] shall forward a statement in Form E to the Secretary to the Government of Madhya Pradesh, Revenue Department, and a copy thereof to the Accountant-General, Madhya Pradesh showing the details of the compensation that will be payable during the various years.
14. A monthly statement of payments in Form F showing the amount of compensation and interest paid during the preceding month, shall be forwarded by the [Collector] [Substituted by M.P.A.L.O., 1956.] by the 10th of the succeeding month to the Secretary to Government of Madhya Pradesh, Revenue Department.
15. The outstanding balance of compensation shown in the Registers in Forms C and D shall be periodically totalled and the totals compared with the figures of balance in the monthly statement of expenditure in Form F. The additions shall be made twice a year as soon as possible after the 31st March and the 30th September and they shall be worked out' in a bound register in Form G. Whenever discrepancies are discovered, steps shall be taken by the [Collector] [Substituted by M.P.A.L.O., 1956.] to remove them.
16. A statement in Form H showing the outstanding balance of compensation at the end of financial year shall, so long as the payments have not been made to all the proprietors, be forwarded by the 15th May by the [Collector] [Substituted by M.P.A.L.O., 1956.] to (i) the Accountant-General, Madhya Pradesh, and (ii) the Secretary to Government, Madhya Pradesh, Revenue Department.
17. The [Collector] [Substituted by M.P.A.L.O., 1956.] shall submit a statement in Form I to the Secretary to Government, Madhya Pradesh, Revenue Department, not later than 15th October in each year, so long as the compensation to all the proprietors has not been paid, for making provision in the budget for the next year.
Form AOrder of Payment of Compensation and Interest[Under Rule 9 (i) and (ii) of the rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (i of 1951)]Court of the Collector....................................Revenue Case No...............Major/Minor Head/Class................Page No. of the Register in form C or D........To,The Officer-in-Charge of......................Treasury/Sub-Treasury.Please pay the sum of Rs...................(in words).........to Shri Son of.... of mouza................ settlement No.............. tahsil/taluq........... district .... on account of [Compensation in full................] [The words which are not required should be scored out to Suit the nature of the Compensation Paid and in respect of payment of instalment, the number of instalments should be specified in the space left blank.] instalment of compensation payable under Section 13 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Landsl Act, 1950 (I of 1951) and interest thereon at 2-½ percent per annum. The expenditure is debatable to the heads noted below-| Head | Amount | |
| (1) | (2) | |
| (i) | "65-Payment of Compensation to Landholders on theAbolition of Malguzari." | Rs. |
| (ii) | "22-Interest on Debt and other Obligations-Interest oncompensation to Malguzars." | |
| Total |
| Date................. | ..................... |
| Pay Rs............... | Collector |
| Date................. | Officer-in-Charge of Treasury |
| (Stamp) | (if amount exceeds Rs. 20) |
| ................. | |
| Date............. | Signature of Payee |
Schedule 5
| Page No. of the Register in Form D | Amount of compensation and interest and date whenpayable | Date on which the payment order in Form Adelivered to the payee | Initials of the Collector for delivering thepayment order in Form A | |||
| Date on which payable | Amount of instalment | |||||
| Compensation | Interest | Total | ||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Rs. | Rs. | Rs. | ||||
Part I – {|
|-| Name of proprietor, village settlement Number andtahsil/Taluq| Revenue Case No. of the Court of the CompensationOfficer| Details of Compensation payable|-| Total amount of compensation| Amount of arrears of revenue cesses and otherGovernment dues, if any, recoverable out of the compensation| Balance of the amount remaining for payment tocreditors and proprietors [columns (3)-(4)]| Details of the amount payable to creditors andproprietors| Date on which payable| Initials of the Collector|-| Person| Amount|-| (1)| (2)| (3)| (4)| (5)| (6)| (7)| (8)| (9)|-||| Rs.| Rs.| Rs.|| Rs.|||-||}Part II – {|
|-| Date on which payment made| Amount payable as compensation| Amount payable as interest| Total| Details of payment made| Initials of the Collector|-| Name and father's name of payee| Amount|-| (1)| (2)| (3)| (4)| (5)| (6)| (7)|-||}Note. - In filling in the details of payments made in Part II of the Register, the following instructions should be followed-Part I – {|
|-| Name of village settlement Number andtahsil/Taluq| Revenue Case No. of the Court of the CompensationOfficer| Details of Compensation payable|-| Total amount of compensation| Amount of arrears of revenue cesses and otherGovernment dues, recoverable out of the compensation| Balance of the amount remaining for payment tocreditors and proprietors [columns (3)-(4)]| Details of the amount payable to creditors andproprietors| Date on which payable| Initials of the Collector|-| Person| Amount|-| (1)| (2)| (3)| (4)| (5)| (6)| (7)| (8)| (9)|-||| Rs.| Rs.| Rs.|| Rs.|||-||}Part II – {|
|-| Date on which payment made| Amount payable as compensation| Amount payable as interest| Total| Details of payment made| Balance of compensation outstanding| Initials of the Collector|-| Name and father's name of payee| Amount|-| (1)| (2)| (3)| (4)| (5)| (6)| (7)| (8)|-||}Note. - In filling details of payment made in Part II of the Register, the following instructions should be followed-(i)If the amount is sent by money order the money order receipt No. and date should be entered in column (6) below the amount remitted.(ii)If the amount is placed in revenue deposit, challan No. and date should be entered in column (6) below the amount placed in revenue deposit.Instructions for the preparation and maintenance of the Registers in Forms C and D1. There shall be two registers for each tahsil-
2. The register should be got bound and paged and the Collector shall make the following entry on the inside cover of the register and sign it :
"This register contains pages__________Collector3. One page will be allotted to each proprietor shown in Schedule II of the statement of compensation due.
4. The compensation shall be made payable on the 1st May, 1952 in cases in which the order have already been passed. In other cases the first payment of compensation shall be on the 1st of the month following the date on which the amount of compensation is determined. For subsequent instalments, 1st May should be fixed as the date of payment.
5. Interest is payable at 2-½ per centum per annum from the date of vesting of the proprietary rights to the date on which the payment falls due.
6. Part I of the Registor shall be filled in at first, and Part II will be filled in when payment order in Form A is delivered to the payee.
7. In filling in the details of payment made in Part II of the Register, the following instructions should be followed-
8. When payment has been made to all the proprietors or other payees on their behalf whose name has been entered in the Register, it should be deposited in the record-room. The Register will be preserved permanently.
Form EStatement showing the Details of the Compensation payable in various yearsVide Rule 13 of the rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)| Name of the district | Year | Amount payable |
| (1) | (2) | (3) |
| Rs.Total..... |
| Head | Amount payable under the Scheme | Details of payment | Balance outstanding at the end of the month[Column (2)-(5)] | ||
| Amount paid up to the end of the previous month | Amount paid during the month | Progressive total of payment made to the end ofthe month | |||
| (1) | (2) | (3) | (4) | (5) | (6) |
| Rs. | Rs. | Rs. | Rs. | Rs. | |
| (i) "65-Payment of Compensation to Landholders on theAbolition of Malguzari" | |||||
| (ii) "22-Interest on Debt and other Obligations-Intereston Compensation to Malguzars." |
| Page No. of Register in Form C or D | Compensation outstanding at the end of March | Compensation outstanding at the end of September | Remarks |
| (1) | (2) | (3) | (4) |
| Rs. | Rs. | ||
| Name of district | Amount payable under the Scheme | Amount paid at the end of the previous financialyear | Amount paid during the financial year | Progressive total of compensation paid up to theend of the year | Balance outstanding at the end of the year |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Rs. | Rs. | Rs. | Rs. | Rs. | |
| Head | Amount required | Remarks | |
| (1) | (2) | (3) | |
| (i) | "65-Payment of Compensation to Landholders on theAbolition of Malguzari." | ||
| (ii) | "22-Interest on debt and other Obligations-Interest onCompensation to Malguzars." |
| …............. | |
| Date............. | Collector |
2. Any sum recoverable from the indemnifier hereunder may be recovered from him as an arrear of land revenue
Schedule 6
(Description of the Mahal/Estate/Alienated Lands)* * * *In Witness Where of the parties hereto have signed hereunto on the date and year respectively mentioned against their signatures.| Witnesses- | |
| (1) | |
| (2) | Indemnifier |
| Witnesses- | Dated______ |
| (1) | _______ |
| (2) | Collector on behalf of the Governor. |
| Dated______ |
| Witnesses- | |
| (1)__________ | (Signature of surety) |
| (2)__________ | Dated______ |
2. Any sum recoverable from the indemnifier hereunder may be recovered from him as an arrear of land revenue
Schedule 7
(Description of the Mahal/Estate/Alienated Lands)* * * *In Witness Where of the parties hereto have signed hereunto on the date and year respectively mentioned against their signatures.| Witnesses- | |
| (1) | |
| (2) | Indemnifier |
| Witnesses- | Dated______ |
| (1) | _______ |
| (2) | Collector on behalf of the Governor. |
| Dated______ |
| Witnesses- | |
| (1) | (Signature of surety) |
| (2) | Dated______ |
2. The application shall also be accompanied by a copy of entries in the village rent roll (jamabandi) for the preceding year pertaining to the land.
3. If the application involves the formation of a share of land of which the area will be less than ten acres, the Revenue Officer shall reject the application forthwith.
4. If the application is not rejected under Rule 3, the Revenue Officer shall issue on payment of process-fees by the applicant in accordance with the provisions of Section 23 of the CP Land Revenue Act, 1917 (II of 1917), notices in Form 'A' appended to these rules of the co-sharers requiring them to appear before him and state their objections, if any, on a day to be specified in the notice. He shall also cause a proclamation in Form 'B' appended to these rules to be published in accordance with the provisions of Section 24 of the same Act, stating his intention to partition of the land. If for any cause a notice cannot be personally served on the co-sharers, the proclamation shall be deemed to be sufficient notice.
5. After hearing the applicant, co-sharers and any other persons who appear, the Revenue Officer may, after recording his reasons in writing, reject the application.
6. If the Revenue Officer does not reject the application, he shall proceed after determining and recovering from the applicant the costs of making the partition, to effect the partition either personally or through such
7. After the partition has been completed, the Revenue Officer shall hear any objections which the parties may make and shall either amend or confirm the partition. The partition shall take effect from the commencement of the agricultural year next following the date of such amendment or confirmation.
Form ANotice[Rule 4 under Section 91 (2) (i) of Madhya Pradesh Abolition of Proprietary Rights (Estate, Mahals, Alienated Lands) Act, 1950 (I of 1951)]Before .........................at......................................Case No.................. Major Head/Minor Head.........................To..................................... son of............... resident of mauza ..........................tahsil ................ district........................Where as ....................................... son of............. of mauza .............. tahsil district ........... has applied for partition of his share in the sir or/and khudkasht/home-farm land specified below, and whereas it is proposed to partition the said land and the date of hearing has been fixed on .................. 20 ................. at .... o'clock at you are here by informed that you should appear either personally or through a pleader or agent on the date fixed and state your objections, if any, otherwise they will not be considered-Particulars of land..........................Khasra No....................................Area.........................................Rental valuation-Rs..................2. The Revenue Officer shall on receiving the application cause notice to be served in accordance with the provisions of Section 23 of the Central Provinces Land Revenue Act, 1917 (II of 1917), on the person in whom the right in trees vests, and after hearing such evidence as the parties may adduce and making such other enquiries as he thinks fit shall proceed to fix the value of the right.
3. On the value of the right being fixed under Rule 2, the malik-makbuza shall within such period, not being less than one month, as may be ordered by the Revenue Officer, deposit in his office the sum so fixed. On such deposit being made, the Revenue Officer shall declare the malik-makbuza to have the same rights in trees as in the plot itself and shall put him in possession of the trees. If the malik-makbuza fails to make the deposit within the time fixed, the application shall be dismissed.
2. The State Government may authorise the Sarpanch or Deputy Sarpanch of such Gram Panchayat to exercise all or any of the powers exercisable by a mukadam or a lambardar or a landlord under the Central Provinces Tenancy Act, 1920, or under the law in force in the merged territories and such powers shall be exercised by the authorised officers in such manner and subject to such directions as may be issued from time to time.
2. The Tribunal shall have all the powers as Civil Court under the Code of Civil Procedure, 1908 for the purposes of taking evidence on oath (which such Tribunal is hereby empowered to administer) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the Tribunal shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXXV of the [Code of Criminal Procedure, 1898] [See Now Code of Criminal Procedure, 1973 (2 of 1974).].
3. The Tribunal shall follow in regard to the apportionment of costs on the same principles as laid down in Section 35 of the Code of Civil Procedure, 1908.
4.
2. The application shall be made to the appropriate Revenue Officer within whose jurisdiction the property vesting in the States is situated. Where, however, the applicant held the property so vested within the jurisdiction of more than one such Revenue Officer, the application shall be made to only one of such Revenue Officer, within whose jurisdiction the applicant resides or in whose jurisdiction the larger part of his property is situated.
3. Where the application is in proper form and duly presented and the appropriate Revenue Officer is, after examining the application, satisfied that there is ground for entertaining the application, he shall fix a date for hearing thereof.
4. On the date so specified or any other date to which the hearing may be adjourned, the appropriate Revenue Officer shall proceed to investigate and dispose of the claims or objections, if any preferred.
5. If the appropriate Revenue Officer finds that the applicant is entitled to the grant, he shall proceed to determine the amount of the grant in accordance with the scale laid down in Rule 2 of the rules in Schedule III of the Act and record an order specifying the amount of grant admissible to the applicant. He shall thereafter transmit the records of the case to the Collector.
6. On receipt of the records, the Collector shall prepare in duplicate an order in Form II for the payment of the grant. One copy of the order shall be placed on the record and the other copy shall be handed over to the applicant. The copy of the order handed over to the applicant will be the authority for the payment of the grant from the treasury or sub-treasury, as the case may be.
7. In the event of the death of an intermediary entitled to the rehabilitation grant under Section 77 (1) of the Act, his legal representatives will be entitled to receive it and will be paid the said grant.
Form IApplicationRule 1 under sub-section (1) of Section 81 of the Madhya Pradesh[Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950(1 of 1951)]In the Court of the Revenue Officer at.................Under sub-section (1) of Section 81 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951),I, .............................son of........................resident of..............,Mahal No..................... , Patwari Circle No. .........................,tahsil/taluq................., district................., beg to apply for the determination and payment of the rehabilitation grant.2. I hereby declare that I earn my livelihood wholly or mainly from agriculture or from rents or lease money received from agricultural land and that the land revenue payable by me for my share in the estate or mahal together with the land revenue in respect of the home-farm land left with me immediately after the date of vesting and the land revenue or rent payable on other lands held by me anywhere in the State does not exceed sixty rupees.
I further declare that no such application was or has been previously made and that I have not so far been paid any rehabilitation grant under the provisions of the Act.3. The statement of all my property of which I have been divested and which has vested in the State is as follows-
| Serial No. | Name of village, tahsil/taluq and district | Total area or extent of share | Revenue payable | Remarks |
| (1) | (2) | (3) | (4)Rs. | (5) |
4. The details of the land left with me in the state immediately after the date of vesting are given below-
| S. No. | Description of land (home-farm, malik-makbuza ortenancy land) | Name of village, tahsil/taluq and district | Land revenue or rent payable | Remarks |
| (1) | (2) | (3) | (4)Rs. | (5) |
5. I give below the details of my income during the two years immediately preceding the year in which the date of vesting fall-
| Year | Income from agricultural sources with particularsof lands from which derived | Income from other sources with particulars | Total income |
| (1) | (2) | (3) | (4) |
| Rs. | Rs. | Rs. | |
6. For the purpose of determining the rehabilitation grant, the aggregate sum payable by me is as given below-
| Heads | Sum payable | |
| Rs. | ||
| (i) | Land revenue payable for the proprietary share in the estate,mahal, alienated village or alienated land. | |
| (ii) | Land revenue payable on the portion of home-farm landremaining with me. | |
| (iii) | Land revenue or rent payable on any lands held by me in theState. | |
| Total |
7. Extracts from the following documents are enclosed :
2. The amount shall be payable on or after the
| (Seal of the Court) | |
| Dated__________ | Collector |
| Received the amount stated above. | One-anna Stamp |
| Dated__________ | Signature of the person to whom the grant is made |
2. Fees for the issue or execution of processes shall be paid as prescribed in the rules framed under clause (k)(iii) and clause (v) of sub-section (2) of Section 227 of the Central Provinces Land Revenue Act, 1917 (II of 1917), or clause (a) of sub-section (2) of Section 194 of the Berar Land Revenue Code, 1928, as the case may be.
Note. - The State Government have under Section 35 of the Court Fees Act, 1870 (VII of 1870), remitted court-fees payable on applications or documents filed in any proceedings under this Act by the proprietors entitled to compensation or rehabilitation grant (vide Law Department Notification No. 622-520-XVII-B, dated the 9th March, 1951).2. The area which shall be reserved to an ex-proprietor in a village shall in the Central Provinces including merged territories not exceed 10 per cent of the total area of the home-farm of which he has become malik-makbuza, occupancy tenant or raiyot and shall in Berar not exceed 10 per cent of the total area of the land of the category specified in Section 2 (g)(3)(i) held by him on the date of vesting in that village under Section 38(1), 39(1), 40, 53(1), 54 or 68(1) as the case may be :
Provided that where the fixing of the area in accordance with the limit herein laid down involves the splitting up of a survey number or a khasra number and the Collector is of the opinion that the portion in excess cannot be suitably utilised by Government, the whole survey number or the khasra number may be so reserved.3.
4. On receipt of the application the Tahsildar or the Revenue Officer specified under Rule 3, shall after such enquiries as may be considered necessary by him, for the purposes of ascertaining and satisfying himself or the correctness of the applicant's claim, forward the papers to the Collector.
5. The Tahsildar or the Revenue Officer specified under Rule 3, shall for he purposes of enquiries under Rule 4, issue a proclamation in Form B appended to these rules calling on persons interested to prefer objection, if any, against the reservation of rights of an occupancy tenant, a raiyot, or an occupant, as the case may be, in such land to the applicant.
6. If the Collector finds that there is no objection to the reservation of the rights claimed by the applicant, he shall proceed to determine the area of the land in which the rights of an occupancy tenant, a raiyot or an occupant, as the case may be, should be reserved to the applicant.
7. The Collector shall determine the rent or land revenue, as the case may be, on the land reserved to the applicant.
8. The reservation of the rights shall be certified by a patta in Form C appended to these rules.
Form A(Rule 3)Application for the reservation of the rights of an occupancy tenant/a raiyot/an occupant in the grass land vesting in the State under Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)To,The Collector,Through The Tahsildar/Revenue Officer specified under Rule 3.Sir,I........................,son of................ ex-proprietor of mauza.............Settlement No........., Patwari Circle No..............,Tahsil/Taluq............, beg to state that the land described below recorded as "Bir" grass, "Chhotaghas", etc., was reserved by me for my exclusive use and it has vested in the State under Section 4 (1) (a) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951) :| Name of village | Name and father's name of the applicant | Detail of land | Land revenue or rental valuation | |
| Khasra/Survey No. of each field | Area | |||
| (1) | (2) | (3) | (4) | (5) |
| Acres | Rs. | |||
2. The details of land in the village under reference settled with me in malik-makbuza/occupancy/raiyoti/occupant's rights under Section 38 (1)/39 (l)/40/54/68 (1) of the Act are given below-
| Serial No. | Khasra/Survey No. of each field | Area | Land revenue or rent fixed |
| (1) | (2) | (3) | (4) |
| Arces | Rs. | ||
3. I request that occupancy/raiyoti/occupant's rights may kindly be reserved to me in the land described below-
| Serial No. | Khasra/Survey No. of each field | Area | Land revenue or rental valuation |
| (1) | (2) | (3) | (4) |
| Arces | Rs. | ||
Schedule 8
| Name of village, settlement No. and tahsil/taluq | Details of land | ||
| Khasra/Survey No. | Area | Land revenue or rental valuation | |
| (1) | (2) | (3) | (4) |
| Acres | Rs. | ||
| Khasra/Survey No. | Area | Land revenue or rental valuation |
| (1) | (2) | (3) |
| Acres | Rs. | |