Chapter XVI Chapter XVI

A record of all unoccupied land shall be prepared and maintained for every village in such manner as may be prescribed.

(1) The Deputy Commissioner shall, consistant with the provisions of this Regulation and the rules made thereunder, prepare a Nistar Patrak (Village administration paper) embodying a scheme of management of all unoccupied land in a village and all matters incidental thereto and including in particular matters specified in section 196. (2) A draft of the Nistar Patrak shall be published in the village and after ascertaining in wishes of the residents of the village in the prescribed manner, the Deputy Commissioner may finalise the draft with or without modifications. (3) On a request being made by the Gram Sabha, or where there is no Gram Sabha, on the application of not less that one-fourth of the adult residents of a village, or of his own motion the Deputy Commissioner may, at any time, modify any provision in the Nistar Patrak after such enquiry as he deems fit.

The following matters shall be provided in the Nistar Patrak referred to in section 195, namely :- (a) the terms and conditions on which grazing of cattle in the village may be permitted; (b) the terms and conditions on which and the extend to which any resident of the village may obtain- (i) wood, timber, fuel or any other, forest produce, (ii) mooram, kankar, earth, or any minor mineral; (c) the instructions regulating generally the grazing of cattle and the removal of the articles mentioned in clause (b); (d) any other matter required to be recorded in the Nistar Patrak by or under this Regulation. Explanation - In this section and in section 197 the expression “minor minerals” shall have the meaning assigned to it in clause (e) of section 2 of the Mines and Minerals (Regulation and Development) Act, 1957.

In preparing the Nistar Patrak as provided in section 196 the Deputy Commissioner shall, as far as possible, make provision for- (a) free grazing of the cattle used for agriculture; (b) removal, free of charge, by residents of the village for their bona fide domestic consumption of – (i) forest produce; (ii) minor minerals; (c) concessions to be granted to the village craftsmen for the removal of forest produce or minor minerals for the purpose of rheir craft.;

(1) Subject to such rules as may be made under this Regulation, the Deputy Commissioner may set apart unoccupied land for the following purposes, namely :- (a) for timber or fuel reserve; (b) for paster or fodder reserve; (c) for burial ground and cremation ground; (d) for keeping cattle; (e) for encamping ground; (f) for threshing floor; (g) for bazaar; (h) for skinning ground; (i) for manure pits; (j) for any public purpose such as schools, playgrounds, parks, roads lanes and draines; (k) for any other purposes which may be prescribed. (2) Lands set apart specially for any purpose mentioned in sub-section (1) shall not otherwise be diverted for any other purpose without the previous sanction of the Deputy Commissioner. (3) Notwithstanding anything contained in this section, if the Deputy Commissioner is satisfied that any unoccupied land set apart for any of the suitable for such purposes mentioned in sub-section (1) is not immediately required or suitable for such purpose, he may allot such land to such person, for such periods and purposes and on such terms and conditions, as may be prescribed. (4) Where any land is allotted under sub-section (3), nothing in Chapter XIII shall apply to the allottee of such land.

If the Chief Commissioner is of opinion that the cutting of any trees in any unoccupied land is detrimental to public interest or that it is necessary to prohibit or regulate the cutting of any trees in such land for preventing soil erosion he may, by general or special order, prohibit or regulate the cutting of such trees.

Where the area reserved for abadi is, in the opinion of the Deputy Commissioner, insufficient, be may reserve such further area for abadi from the unoccupied land in the village as he may think fit.

(1) The Government reserves the right, in respect of every land to and over the foreshore, quarries, mines, stone, slate, chalk clay, precious stones, gold washing, coal and other minerals and mineral oils and also to all stream water courses and public thoroughfares within or traversing the said lands or any part thereof, unless any or all of them are expressly specified for alienation in any instrument made by the Government. (2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, (1) including the erection of offices, workmen’s dwellings, machinery, the stacking of minerals and deposit of refuse, the construction of roads or tram-lines and any other purposes which the Government may declare to be subsidiary to mining and quarrying.

(2) (a) “The Government may assign to any person, its right over any minerals, mines or quarries and the Chief Commissioner may with the previous approval of the Government assign to any person the right of the Government over minor minerals.

Explanation- In this sub-section, the expression “minor minerals” has the same meaning assigned to it in clause (e) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957.”

(3) If the Government or the Chief Commissioner has assigned to any person its right over any minerals, mines or quarries, and if for the proper enjoyment of such right it is necessary that all or any of the power specified in sub-section (2) should be exercised, the Deputy Commissioner may, by order in writing and subject to such conditions and reservations as he may specify, authorise the person to whom such right has been assigned to exercise such powers:

(4) If, in the exercise of any right over any land under this section, the rights of any person are infringed by the occupation or disturbance of such land, the Government or the Chief Commissioner or the assignee shall pay to such person compensation for such infringement and the amount of such compensation shall be calculated by the Sub-Divisional Officer, or if is award is not accepted, by the civil court, as nearly as may be in accordance with the provisions of the Land Acquisition Act, 1894

(5) If an assignee fails to pay compensation as provided in sub-section (4), the Deputy Commissioner may recover such compensation from him on behalf of the persons entitled to it, as if it were an arrear of land revenue

(6) If any person who without lawful authority extracts or removes minerals from any mine or quarry, the right to which vests in the Government and has not been assigned to him by, the Government or the Chief Commissioner, such person shall, without prejudice to any other action that may be taken against him, be liable on the Exceeding a sum calculated at double the market value of the minerals so extracted or removed:

Provided that if the sum so calculated is less than one thousand rupees, the penalty may be such larger sum not exceeding one thousand rupees as the Deputy Commissioner may impose.

(7) Without prejudice to the provisions of sub-section (6). the Deputy Commissioner may seize and confiscate any mineral extracted or removed from any mine or quarry the right to which vests in, the Government and has not been assigned by, the Government or the Chief Commissioner.

(1) Any person who unauthorisedly takes or remains in possession of any unoccupied land or abadi may be summarily ejected by order of the Tehsildar and any crop which may be standing on the land and any building or other work which he may have constructed thereon, if not removed by him within such times as the Tehsildar may fix, shall be liable to forfeiture.

(2) Any property forfeited under sub-section (1) shall be disposed of in such manner as the Tehsildar may direct and the cost of removal of any crop, building or other work and of all works necessarily to restore the land to its original condition shall be recoverable from such person as an arrear of land revenue.

(3) Such person shall, subject to the provisions of sub-section (5), also be liable, at the discretion of the Tehsildar, to a fine which may extend to two hundred and fifty rupees.’

(4) The Tehsildar may apply the whole or any part of the fine imposed under sub section (3) to compensate persons who may, in his opinion, have suffered loss or injury from such unauthorized occupation.

(5) If any case, the Tehsildar considers that circumstances of the case warrant imposition of a fine exceeding two hundred and fifty rupees he may refer the case to the Sub-Divisional Officer who shall then, after giving the party concerned an opportunity of being heard, pass such orders in respect of fine as he may deem fit.

(6) If any person ordered to be ejected under sub-section (1) has constructed any work of a permanent nature under a bonafied mistake, he may apply to the Deputy Commissioner for condonation of the encroachment and the Deputy Commissioner may, if satisfied that the work was constructed in under a bonafied mistake and that the land can be allowed to remain in the possession of such person without any serious detriment to public purpose, condone the encroachment under such terms as he may deem fit.

(7) No order made under sub-section (1) shall prevent any person from establishing his rights in a civil court.

(8) If notice of an intention to institute a suit is delivered to the Tehsildar, he shall desist from carrying out his order under sub-section (1) for a period of three months, and if such suit is filed within such period he shall stay his proceedings pending the decision of the civil court.

(1) Save as otherwise provided in this Chapter any person who acts in contravention of the provisions of this Chapter or of the provisions of the Nistar Patrak prepared under section 195 shall be liable to such penalty not exceeding two hundred rupees as the Divisional Officer may, after giving such person an opportunity to be heard, deem fit and the Sub-Divisional Officer may further order confiscation of any timber, forest produce, or any other produce which such person may have unlawfully appropriated or removed.

(2) Where the Sub-Divisional Officer passes an order imposing a penalty under this section, he may direct that the whole or any part of the penalty may be applied to meet the cost of such measures as may be necessary to prevent loss or injury to the public owing to such contravention.