The Maharashtra Land Revenue (Nistar Patrak and Regulation of Fishing) Rules, 1973

The Maharashtra Land Revenue (Nistar Patrak and Regulation of Fishing) Rules, 1973

————–

The Maharashtra Land Revenue (Nistar Patrak and Regulation of Fishing) Rules, 1973

[Government Notification No. UNF-2267(B)-R(Spl.), dated the 19th January, 1973]

Rule 1. Short title,-

These rules may be called the Maharashtra Land Revenue (Nistar Patrak and Regulation of Fishing) Rules, 1973.

Rule 2. Definitions,-

In these rules—

            (a) “Code” means the Maharashtra Land Revenue Code, 1966;

            (b) “form” means a Form appended to these rules;

            (c) “section” means a section of the Code;

            (d) “village” means a village in relation to which a Nistar Patrak is prepared or is being prepared.

Rule 3. Form of Nistar Patrak,-

Subject to the provisions of Sections 22, 161, 162 and 163, the Collector shall prepare a draft of a Nistar Patrak in Form A.

Rule 4. Preparation of Nistar Patrak,-

(1) In preparing a Nistar Patrak, the Collector shall, as far as possible, determine–

            (a) the terms and conditions on which free grazing of cattle in a village will be permitted;

            (b) the terms and conditions on which and extent to which any resident of the village may obtain—

                (i) wood, timber, fuel or any other forest produce;

                (ii) mooram, kankar, sand, earth, clay, stones or any other minor mineral;

            (c) the concessions to be granted to the village craftsmen for the removal of forest products and minor minerals for the purpose of their craft.

(2) The Collector may—

            (i) alter, substitute, or adjust in a suitable manner the area of land reserved for any purpose as the circumstances of the case or the interest of the community as a whole may require;

            (ii)) for grazing, timber, and fuel nistar zones in respect of more than one village;

            (iii) record mutual right of neighbouring villages over the lands of each other;

            (iv) provide for any concession ordered by the State Government.

Rule 5. Publication of Nistar Patrak,- 

After the draft of the Nistar Patrak is prepared, it shall be published, together with a notice in Form B inviting objections or suggestions from the residents of the village and specifying a date (which shall be not less than 15 days after the date of publication) on which and the place (which may be the village Chavdi or any suitable centre in the locality) at which the objections or suggestions shall be considered. Such publication shall be done not only in the village for which the Nistar Patrak is prepared but also in other villages affected by it. Publication under this rule shall be done by posting copies on the notice board of Taluka Office and at the village Chavdi concerned; and also by beat of drum in such village.

Rule 6. Enquiry into objections,-

On the date and at the place specified in the notice, the Collector shall enquire into the objections or suggestions, if any, and pass orders thereon.    

Rule 7. Decisions on objections,-

After the objections or suggestions, if any, are considered and disposed of, the Collector may make such modifications in the Nistar Patrak as he may deem necessary in the light of his decisions on the objections and suggestions and accordingly, finalise the Nistar Patrak.    

Rule 8. Promulgation of final Nistar Patrak,-

The final Nistar Patrak shall be read out in the village or at suitable centres, and a copy thereof shall be kept at the village Chavdi or such other suitable place in the village as may be fixed by the Collector.

Rule 9. Government tanks where fishing prohibited,-

No fishing shall be permitted in.—

            (a) any Government tank or ghat exclusively used or reserved for drinking water, except where fishing is done in a small boat with the help of nylon-grill net;

            (b) any Government tank used for watering cattle, whenever the Collector forbids fishing in such tank on account of actual or anticipated scarcity of water, except where the depth of the water is more than 121.92 centimeters (or 4 feet) and where the fishing is done with the help of nylon-grill nets;

            (c) any Government tank used for pisciculture  by the department of fisheries, except on such terms and conditions as the Director of Fisheries may impose;

            (d) any ghat exclusively used or reserved for bathing, or as a sanctuary ghat on which fish are fed on religious grounds, in any Government tank not falling under any of the categories (a), (b) or (c);

            (e) any tank stocked with carps, except with the permission of the Director of Fisheries;

            (f) in any Government tank in which the work of fishery development is done by the Department of Fisheries or by a Co-operative Society except on such terms and conditions as may be imposed by the Director of Fisheries.

Rule 10. Procedure for granting fishing rights in Government tanks,-

(1) Where it is proposed to grant the right to fish and carry away the fish caught in any Government tank under a permit referred to in sub-section (2) of Section 166, the Tahsildar shall consult with the village panchayat, and where there is no village panchayat with the adult villagers and the local or the District Officer of the Department of Fisheries.

(2) In deciding whether or not any such fishing rights in respect of any tank should or should not be granted regard shall be had to—

            (a) the opinion of the village panchayat, or as the case may be, of the villagers, the local or the District Officer of the Department of Fisheries; and

            (b) the claims of the local fishermen who have been holding such rights in the past:

                Provided that, preference shall be given to Co-operative Societies of fishermen in the village or area in which the tank is situate and if there are no such Co-operative Societies or if any of the Co-operative Societies functioning in the village are not interested in being granted fishing rights, then to the fishermen who, in the opinion of the Collector, have in the past taken interest to fishery development either by duly fishing in tanks  or stocking such tanks with better varieties of baby fish or by raising fish-seed or meeting grown up fish either by groups themselves or through their Co-operative Societies.   

Rule 11. Grant of fishing right,-

(1) The right to fish and carry away the fish caught in any Government tank may be granted under a permit in Form C, and shall be for a period of not less than five years by negotiation with the Co-operative Societies of fishermen or the other persons referred to in Rule 10, and if such societies or persons are not forthcoming or are not agreeable to the terms and conditions of the grant, then the aforesaid rights shall be disposed of by auction.

(2) The fees to be paid in respect of the permit shall be fixed on the basis of average realisations of the past three years excluding realisations which in the opinion of the Tahsildar are abnormal.    

(3) The grant shall be subject to the condition that the existing nistar rights of the villagers shall not be interfered with and that in case of any dispute, the order passed by the Collector shall be final.

Rule 12. Saving,-

Nothing contained in these rules shall be deemed to affect the validity of any Nistar Patrak prepared in respect of any land and in force immediately before the commencement of these rules or any licence, permit or lease for fishing in Government tanks granted and in force immediately before such commencement; and any such Nistar Patrak shall continue to be in force till a new Nistar Patrak is prepared in accordance with the provisions of these rules and any such licence, permit or lease shall continue in force till the expiry of the period for which it was granted.

———

FORM ‘A’

[See Rule 3]

NISTAR PATRAK

Gaothan

—-Khasra No., Survey No., or Hissa No.Area in HectaresRemarks
(1)(2)(3)(4)
    
1. Land already occupied.
2. Additional land declared Gaothan in Nistar..
3. Land set apart in Gaothan for special purposes.
Note.—  Against Head No. 3 write the special purposes in the remarks column.
Burial and burning ground
—-Khasra No., Survey No., or Hissa No.Area in HectaresRemarks
(1)(2)(3)(4)
1. Existing.
2. Reserved for future needs.
3. Special customs, if any.

Gaothan

—-Khasra No., Survey No., or Hissa No.Area in HectaresRemarks
(1)(2)(3)(4)
1. Existing.
2. Reserved for future needs.
Encamping ground
—-Khasra No., Survey No., or Hissa No.Area in HectaresRemarks
(1)(2)(3)(4)
1. Existing.
2. Reserved for future needs.
Threshing floor
—-Khasra No., Survey No., or Hissa No.Area in HectaresRemarks
(1)(2)(3)(4)
1. Existing.
2. Reserved for future needs.
Bazar
—-Khasra No., Survey No., or Hissa No.Area in HectaresRemarks
(1)(2)(3)(4)
1. Existing.
2. Reserved for future needs.
Skinning ground
—-Khasra No., Survey No., or Hissa No.Area in HectaresRemarks
(1)(2)(3)(4)
1. Existing.
2. Reserved for future needs.
Land outside Gaothan reserved for public purpose
—-Khasra No., Survey No., or Hissa No.Area in HectaresRemarks
(1)(2)(3)(4)
 
Grazing
Sr. NoNames of villages Forming zonesSaza No.Circle Inspector Circle____ Land reserved for general grazingRemarks
Khasra No. Survey No. Or Hissa No.Area in Hectares
(1)(2)(3)(4)(5)(6)(7)
      
      

————–

A.—  ZONES FOR TIMBER AND FUEL, ETC.

A list of villages forming zones from which Nistar can be taken for agricultural purposes

Sr. NoVillages forming zonesKhasra No. Survey No. Or Hissa No.Area in hectaresRemarks
(1)(2)(3)(4)(5)
     
     

B.— LAND RESERVED FOR GROWING OF GRASS, TREES, ETC. TO PREVENT EROSION OR FOR FUEL-CUM-FODDER RESERVES

Sr. NoVillages forming zonesKhasra No. Survey No. Or Hissa No.Area in hectaresRemarks
(1)(2)(3)(4)(5)
     
     

OCCUPATIONAL NISTAR

Sr. No.Kind of occupational nistarNames of villages or forest from which Nistar can be obtainedKhasra No. Survey No. Or Hissa No.Area in hectaresRemarks
(1)(2)(3)94)(5)(6)
      
Rights over trees on Government lands
 

Village Roads, Paths and Rights over them

Sr. NoDetails of roads and paths Survey No. or Hissa No. Khasra No. of roads or Khasra No. through  which the road passes
(1)(2)(3)
1.Permanent (metalled roads) 
2.Permanent (Kachcha roads) 
3.Seasonal roads 
4.Permanent footpaths 
5.Seasonal footpaths 
   
 
Width of roadDirection of the roads and pathsConditions, if any, attached to the use of the roadRemarks
(4)(5)(6)(7)
    
 

Note.— If any Khasra number shown in column (3) is occupied, the fact be mentioned in the remarks column.

MAURE AND RUBBISH

Statement showing land outside Gaothan earmarked for keeping manure and digging of Manure pits

Survey No. Khasra No. or Hissa No.Area in hectaresRemarks
(1)(2)(3)
   
 
Irrigation and other water rights
  Survey No. Hissa No. or Khasra No.Area in hectares
(1)(2)(3)(4)
(a) Tanks (b) Rivers and Nalas (c) Public wells (d) Other sources
Where right of irrigation exists
Khasra No. irrigatedArea in hectaresConditions under which irrigation is allowedKhasra Nos. through which water channels pass
(5)(6)(7)(8)
    
 
Where no right of irrigation exists
 Rights of Nistar, if anyName of person responsible for repairsConditions, if any for repairing the tanks, etc.Remarks
Whether water is sold for irrigationWater rate charges, if any
(9)(10)(11)(12)(13)(14)
 Rs. P..    
      
 

            Notes.— (1) No portion of the bed of any tank or other source of irrigation shall be cultivated so as to prejudice the existing rights of irrigation or other Nistar rights.

            (2) The right to irrigate is in order to proximity of fields so entitled to the source of supply.

            (3) The right to all fisheries in all rivers and streams belongs to the State Government. The procedure for granting fishing rights would be regulated under general or special orders issued by the State Government from time to time.

            (4) The right to lease out river beds generally vests in the State and will be regulated by general or special orders issued by the State Government from time to time.   

Rights of other villages over the land of this village

   

Rights of this village over the land of other villages

   

Other privileges

   

————

FORM B

[See Rule 5]

            Notice is hereby given that the undersigned proposes to prepare a Nistar Patrak in respect of village_____________, saza___________, taluka_________, district__________ , as required by sub-section (1) of Section 161 of the Maharashtra Land Revenue Code, 1966, a draft whereof is appended hereto.

            Any person, who wants to prefer any objection or make any suggestion in respect of any entry in the said draft may send in writing to the undersigned before the___________________ (here insert a date not earlier than 15 days from the date of the publication of this notice). The objections or suggestions shall be considered on_________ at_________ between 11.00 and 5.00 p.m.

            Given under my hand and seal of this office. This________ day of_______,  _____.

            Copy forwarded to the village Panchayat_______ [Panchayat Samiti]________ for information.

            Collector,_____________

————–

FORM C

[See Rule 11]

(Here enter State Emblem)

Permit No.________

Permit for fishing and carrying away fish caught in a Government Tank

            Permit is hereby granted under and subject to the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), and the rules made thereunder and subject to the terms and conditions hereinafter specified to__________, inhabitant of__________ (hereinafter referred to as “the permit holder”) a Society registered under the Maharashtra Co-operative Societies Act, 1960, and having its registered office at_________ (hereinafter referred to as ‘the permit holder”) authorising him/it to fish and carry away fish caught in and from the Government tank known as the __________ (hereinafter referred to as “the said tank”) situate, lying and being at_______ village in the_______ taluka in the________ district and bearing Survey No._________ which is more particularly described in the First Schedule herein for a period of 5 years commencing on the_______ day of_______ (hereinafter referred to as “the said terms”).

            The terms and conditions of the permit referred to above are follows:-

                        (1) The permit holder shall pay to the Government for the said right in the said tank the sum of Rs.________/- by______ equal instalments (No. of instalments to be decided by the Collector) of which the first has already been paid in advance, and the subsequent instalments shall be paid as hereinafter mentioned without any deduction–

                            (i) 2nd instalment on or before the day of_____________

                            (ii) 3rd instalment on or before the day of_____________           

                            (iii) 4rth instalment on or before the day of_____________          

                            (iv) 5th instalment on or before the day of_____________          

            The permit holder shall also duly pay Rs.______/ being the amount of local fund cess thereon and also the Zilla Parishad Cess leviable thereon from time to time.

                Provided that, if the fee is not paid on the date when the instalment falls due whether the sum is demanded or not, the permit holder shall, unless the Collector for reasons to be recorded in writing waives the recovery of interest, be liable to pay interest on such arrears at the rate of_______ per cent per month/annum from the date of default upto the date of payment. This shall be without prejudice to the other rights, remedies and powers of the Government.    

                        (2) the permit holder shall carry on only fishing and piscicultural operations in the said Tank and shall not carry on any other operations therein.

                        (3) The permit holder shall duly pay the cesses referred to in clause (1) as well as any other cess, fee or taxes, if any, levied on the said Tank as and when it becomes due;

                        (4) The permit holder shall have no other right, title or interest whatsoever in or over and upon the said tank;

                        (5) The permit holder shall not during the said term without the previous permission in writing of the Collector sell, sub-let, assign, mortgage or otherwise transfer the right hereby granted to him; or part with the possession of the whole or part of the said tank;

                        (6) The permit holder shall at all times during the said term keep the said tank free from weeds except such as may be necessary for the proper maintenance and health of the fish therein;

                        (7) In the exercise of the said rights the permit holder shall obey all directions issued from time to time by_______ or by any officer of the Department of_________ of the__________ Zilla Parishad/Municipal Council;

                        (8) The permit shall not hold______ Zilla Parishad/Municipal Council responsible if the water level in the said Tank lowers down or is lowered for any reason and shall not claim any compensation in case any loss is suffered as a result thereof;

                        (9) The permit holder shall neither interfere with nor shall adversely affect in any way, the Nistar rights of the villagers;

                        (10) The permit holder shall not do any damage to the woods, banks, fences, hedges and other property of the________ village Panchayat/_______ Zilla Parishad/Municipal Council/_______ Municipal Corporation and shall compensate the village Panchayat/Zilla Parishad/Municipality/Municipal Corporation as may be determined by the Collector if any damage be caused to the said tank;

                        (11) The permit holder is liable to be summarily terminated if the said tank is at any time used during the term of the permit for any purpose other than fishing and piscicultural operations and the permit holder shall not in the event be entitled to payment for any compensation.

                        (12) Failure to comply with any of the above terms and conditions or with any of the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), or of the rules thereunder shall render this permit liable to be cancelled by the Collector forthwith and thereupon the permit holder shall cease to carry on fishing and piscicultural operations therein;

                        (13) The permit holder shall at the expiry or sooner determination of the said term quietly deliver up to the Collector the possession of the tank in the same condition in which it was at the date hereof;

                        (14) If and whether any part of the fee hereby reserved shall be in arrear or if any sum is due to the Government under these presents, the same may be recovered from the permit holder as arrears of land revenue under the law for the time being in force in that behalf;

                        (15) If any question or dispute arises between the Government and the permit holder in relation to or concerning this permit or any provision contained herein or as to the rights and liabilities of either of the parties the decision of the Collector in the matter shall be final and binding on the permit holder.

            The permit is granted by order and in the name of the Governor of Maharashtra and under the hand and seal of the Collector of________, District_________, this____ day of______ two thousand_________________.

—————-

SCHEDULE

[Here enter the Description of Tank]

[Seal of the Collector]

            Collector of________________

———-

@@-@@-@@-@@

error: Content is protected !!