The Maharashtra Land Revenue (Inclusion of Certain Bhumidharis in Occupants- Class I Permission) Rules, 1968
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R.F.D. No. UNF. 1567(1)/R.(19.1.1968)1.— In exercise of the powers conferred by clause (ix) of sub-section (2) of Section 328 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) and in supersession of all previous rules made in this behalf and continued and in force by virtue of the third proviso to Section 336 of the said Code, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of Section 329 of the said Code, namely:-
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The Maharashtra Land Revenue (Inclusion of Certain Bhumidharis in Occupants- Class I Permission) Rules, 1968
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Rule 1. Short title,-
These rules may be called the Maharashtra Land Revenue (Inclusion of Certain Bhumidharis in Occupants-Class I Permission) Rules, 1968.
Rule 2. Application of certain Bhumidharis for inclusion in Occupants Class I,-
(1) A person holding land in Bhumidhari rights in the Vidarbha area of the State who is classed as Occupant-Class II under sub-section (3) of Section 29 (not being a Bhumidhari to whom lands have been allotted in accordance with Rules 3 to 9 of the rules published by the former Madhya Pradesh Government in the Land Reforms Department Notification No.1118/1832-55 XVIII, dated the 22nd May, 1956 (as amended from time to time) and desires to be included in Occupants Class I under clause (c) of sub-section (2) of that section shall make an application in that behalf addressed to the Collector. The application shall specify the following particulars, that is to say.–
(a) the name, description and place of residence of the applicant;
(b) the village in which the land is situated;
(c) the number of fields in the land as entered in the latest jamabandi or record of rights of the village, the area of each field, the rent of the land and right in which it is held.
(2) The application shall be accompanied by a copy of entries pertaining to the land in the latest jamabandi or record of rights of the village in which the land is situated.
Rule 3. Issue of proclamation,-
The Collector shall, on receipt of an application, cause to be issued a proclamation in Form ‘A’ hereto calling on all persons interested in the land to send their objections, if any, in writing against the permission applied for. A copy of such proclamation shall be posted at prominent places in the headquarters of the taluka, and also in the village in which the land is situated.
Rule 4. Hearing of application,-
(1) On the date fixed for hearing or any other date to which the hearing may be adjourned, the Collector shall, after examining the applicant and any 2[other party interested] (if any) and hearing the evidence adduced, if any, record his findings thereon. If the Collector comes to conclusion, that the applicant is entitled to be declared as occupant-class I, he shall record a preliminary order in that behalf, and shall specify in that order the arrears of land revenue in respect of the land, if any and order the applicant to 3[deposit the arrears of land revenue, if any, and an amount equal to] three times the land revenue for the time being assessed on the land; and if the land adjoins a Government forest, the Collector shall also order the applicant to get the land demarcated under the Code.
(2) A copy of the order shall be communicated to the applicant.
Rule 5. Declaration of applicant as Occupant-Class I,-
(1) If within one month from the date of communication of the order, the applicant–
(a) deposits an amount equal to three times the assessment payable in respect of the land, the arrears of land revenue, if any, by crediting the same in the Treasury, and produces a Treasury Challan in support thereof; and
(b) take necessary steps to get the land, if adjoining a Government forest, to be demarcated, the Collector may draw up a final order in Form ‘B’ hereto permitting him to be included in Occupants-Class I in respect of such land.
(2) If the applicant fails to comply with the provisions of sub-rule (1), his application shall be rejected, and the applicant informed accordingly.
Rule 6. Copy of the order to be sent to Tahsildar and Talathi,-
A copy of the order passed under Rule 5 shall be forwarded to the Tahsildar concerned and Talathi of the village in which the land is situate and thereupon, the Talathi shall within a reasonable time make changes in accordance with the provisions of the Code in the relevant entries in the record of rights and conform with the order so made, and report the fact of having made such changes to the Tahsildar.
Rule 7. Delegation of powers,-
The Collector may delegate his powers conferred upon him under these rules to a Sub-Divisional Officer.
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FORM ‘A’
Proclamation
[See Rule 3]
Before_________ at________
Shri____________________, son of Shri.__________________________, Occupant-Class II of village_______, Settlement No.________, Taluka_______, District________ has made an application under clause (c) of sub-section (2) of Section 29 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) that he should be permitted to be included in Occupants-Class I of the land comprised in Survey No./Khasra No.______ consisting of_____ (specify area)_______ of Village_______, Taluka______, District_______ and the date for hearing the application has been fixed on________, _____ at_________ 4(here specify the time)_______ at________
It is hereby announced that all persons, who are interested in the said land or who have any objection to lodge against such permission being granted are hereby informed that they should appear either personally or through a legal practitioner or agent on the said date before me and state their objections, if any, for my consideration.
5[Given under my hand and seal]
Dated the____, _______
[Seal of the Collector]]
Collector
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FORM ‘B’
Declaration as Occupant-Class I
[See Rule 5]
I, _______________________ permit______, son of Shri._____________, Occupant-Class II of Village______, Settlement No.________, Saza No._____, Taluka______, District______ to be included in Occupant-Class I under clause (c) of sub-section (2) of Section 29 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) in respect of the land detailed in the Schedule hereto.
SCHEDULE
| Survey No/Khasra No. of the land | Rights in which held | Area | Present revenue |
| (1) | (2) | (3) | (4) |
6[Given under my hand and seal]
Dated the______, _____
[Seal of the Collector]
Collector
Copy forwarded to,
Tahsildar of_______
Talathi of_________
Dated the______, _____
Collector
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Foot Notes:-
1. Published in Maharashtra Government Gazette, Part IV-B, Ext. 31.12.1968, page. 1128.
2. Published in Maharashtra Government Gazette, Part IV-B, Ext. 31.12.1968, page. 1128.
3. Ibid.
4. No. UNF. 1567(I)R. 31.12.1968. Maharashtra Government Gazette, Pat. IV-B, Ex.31.12.1968. P.1128.
5. . No. UNF. 1567(I)R. 31.12.1968. Maharashtra Government Gazette, Pat. IV-B, Ex.31.12.1968. P.1128.
6. . No. UNF. 1567(I)R. 31.12.1968. Maharashtra Government Gazette, Pat. IV-B, Ex.31.12.1968. P.1128.
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