Chapter III Chapter III

Land and Land Revenue

Any dispute referred to in sub-section (3) of section 11 shall be decided after a summary inquiry in the manner laid down in schedule III.

Subject to the provisions of section 12,

1. (i) all trees, brush wood, or other natural products growing on the road side shall be preserved or disposed of by the forest department or the authority having charge of the road as may be directed by the [State Government] and
2. (ii) all trees, brush wood, jungles and other natural products, except in so far as the same may be the property of any person, shall be preserved or disposed of by the Forest Department in accordance with the forest rules for the time being in force.

1. (1) Whenever it appears necessary to the Collector, that any land should be set apart under section 13 for pasturage for cattle of any village or villages, he shall cause such land to be demarcated with temporary boundary marks and, if it has not been already cadastrally surveyed, shall cause a map of it to be prepared on the scale of sixteen inches to a mile.
2. (2) The Collector shall then cause a notice in form 1 to be published declaring his intention to set apart the land and inviting objection, if any, within thirty days from the date of publication of the notice.
3. (3) The notice shall be published –
   • (i) by beat of drum in the village;
   • (ii) by affixing a copy in some conspicuous place in the village; and
   • (iii) by affixing a copy on the notice board of the Court House of the issuing officer.

The Collector shall receive and enquire into any abjection which may be presented to him within the period prescribed in rule 9 and on such enquiry may add any available adjacent land to the proposed pasturage of remove any land from it or confirm the proceedings.

Any objection received under rule 10 shall be heard and disposed of after a formal inquiry in the manner laid down in Schedule III;

Declaration of pasturage As soon as may be after the disposal of the objections under rule 10, or when no such objection has been received within the prescribed period, after the expiry of that period, the Collector shall cause to be published in the manner prescribed in sub-rule (3) of rule 9 a final notice declaring the land to be set apart for pasturage for the cattle of the village or villages.

Use of pasturage After the declaration under rule 12 the land may be used as pasturage for the cattle of the village or villages for which it has been set apart; provided that the Collector may, with a view to ensuring proper utilization of the land, prescribe the conditions subject to which the pasturage may be used.

The Collector may at any time modify or cancel the declaration under rule 12 and the provisions of rules 9 to 12 shall mutates mutandis apply to such proceedings.

The Collector may ordinarily set apart an area not exceeding 5% of the land constituted within a village for community purposes and the provisions of rule 9 to 14 shall mutates mutandis apply thereto.

The Collector may, in consultation with the Head of the Forest Department.

Management of land by gram Panchayat

1. (1) Where the State Government has entrusted the management of any land belonging to the Government to the Gram Panchayat of a village, an appeal against the order of allotment of land passed by the gram Panchayat shall lie to the Sub-divisional Officer in whose jurisdiction the land is situated.
2. (2) The Sub-Divisional Officer may either on his 0wn motion or on the application of any party call for the record of any proceedings of a Gram Panchayrt for allotment of land for the purpose of satisfying himself as to the legality or the propriety of any order passed by such Gram Panchayat and may pass such order in reference thereto as he thinks fit.

1. (1) Before ordering eviction of a person under sub-section (1) of section 15 the competent authority shall issue a notice to him requiring him to show cause within a period to be specified in the notice why he should not be evicted from the land.
2. (2) If the person concerned filed an objection within the period specified in the notice or such extended period as may be allowed by the competent authority it shall hold a summary inquiry in the manner laid down in Schedule III
3. (3) If the person concerned files no objection within the time so allowed or if after inquiry the competent authority finds that the person is a trespasser it shall order his eviction and shall also require him to remove any building or other construction erected of any ting deposited on the land within a time specified in the order.

The [State Government] may subject to such conditions as he may specify in the order to ensure for proper utilization of the concession, exempt any land from the liability to the payment of land revenue in any of the following cases:-

1. (i) where the person holding land is a public body or an institution established exclusively for a religious educational or a charitable purpose, or a person holding under a trust or an endowment or other legal obligation exclusively for a propose which is charitable, educational or religious;
2. (ii) Where waste or unproductive land is sought to be brought under cultivation; and
3. (iii) Where in the opinion of the [State Government] exemption from land revenue will be in public interest.
   • • Deleted.

²⁰ Deleted

An application for remission of land revenue for the land lost by diluvion may be made to competent authority in plain paper within one year of diluvion.

22.

Diversion of land to agricultural purpose

1. (1) When land assessed for use for a purpose other than agriculture is divert to an agricultural purpose the assessment shall be equal to the assessment of the land for agricultural purpose, as fixed at the last settlement.
2. (2) When there has been no such assessment for agricultural purposes, the assessment shall be fixed at the rate adopted for similar soil class in the same village or in a neighboring village at the last settlement.

If any land held for one purpose is diverted to any other purpose except agriculture, the assessment theron shall be revised in accordance with any of the methods specified below according to the circumstances of the case, viz:-

1. (i) in the area in which the land is situated has an assessment rate for the land used for that purpose as confirmed by the [State Government] under sub-section (1) of section 34, then in accordance with such revenue rate;
2. (ii) if there be no revenue rate in force as aforesaid then the Collector may assess the revenue at a rate not exceeding 3% of the value of such land.

In fixing the actual assessment of a plot of land, the area thereof measuring less than [0005 hectares shall be taken to be .0005 hectare.]

Remission or suspension of land revenue may be granted—

1. (a) in the event of failure of crops due do—
2. (b) widespread calamities such s famine, draught, etc.;
3. (c) local calamities such as hail, floods, locusts and similar visitation; and
4. (d) in case in which crops could not be grown in any area in consequence of an order made under any law by a competent authority.

Ordinarily relief shall take the form of suspension of revenue.

Relief in widespread calamities

1. (1) In cases of wider spread calamities, the degree of relief shall be the same in each village or homogeneous tract, and no attempt shall be made to differentiate between the circumstances of individuals.
2. (2) Relief shall be calculated according to A Scale or B Scale according to the previous revenue history of the tract. A Scale shall be used in village whose revenue history in normal and B Scale in those which have suffered from recent crop failures. A Scale

State of Crop Degree of relief

40 percent or above NIL

Less than 40 percent but

Not less than 25 percent but not Half

less than 25 percent

Less than 25 per cent Full

B Scale

50 percent or above Les than 50 percent but Nil

not less than 40 percent

Less than 40 per cent Full

Relief in local calamities The foregoing rule shall apply in the cases of local calamities subject to the following modification, namely:-

1. (a) relief shall be granted to individuals varying according to the damage done to the total holding of each; and
2. (b) relief shall be granted on B Scale, if any general suspension of revenue was granted in respect of the previous year’s crops in the village, otherwise on A Scale.

1. (1) Remission of land revenue in any area in which crop could not be grown in consequence of an order made under any law by a competent authority may be allowed according to the following scale, namely:--

1. (i) if mare than half the area allowed to Full remain fallow was cultivated during the previous year.
2. (ii) If less than half the area allowed to Half Remain fallow was cultivated during the Previous year.

1. (2) Relief under sub-rule (1) shall be determined for individual holding separately.

The 1[State Government] may sanction suspension, remission or re-suspension, as the case may be, to such extent as may be considered necessary on receipt of sanction, the Collector shall cause the nature of relief to be announced to all concerned before the installment of revenue, to which it related, falls due.

If it appears probable that orders of the 2([State Government] cannot be received in time to allow announcement before due date the Collector may pass orders staying the realization of the amount of land revenue pending orders of the 3[State Government]

1. (1) No land revenue which has been suspended shall ordinarily be collected until the next crop, corresponding to the one which failed, has been harvested in the effect tract.
2. (2) As the character of each successive harvest becomes known, the State Government shall determine the amount of the suspended land revenue to be collected along with the ordinary demand and shall announce it before the date fixed for the payment of revenue.

Remission of suspended Suspended land revenue maybe remitted in whole or in part:--

1. (a) when the revenue which it is sought to remit has been suspended for three years; and
2. (b) in cases where it is clear from the conditions of the tract that it would be inadvisable to collect the suspended or part of it.

1. (1) 2[for every amount of land Revenue Collected by a revenue officer, a receipt along with a coupon in form 2 duly filled in shall be given to the person from whom the amount is received.
2. (2) Carbon copy of every receipt under sub-rule (1) excluding the coupon shall be maintained by the revenue officer and both the original and the carbon copy thereof shall be signed by the person making payment and the revenue officer receiving the amount.]
3. (3) The inspecting revenue officer whenever visits a village shall collect (at random coupon attached to the receipt given to land owner under sub-rule (1) and after verifying the coupons paste these at the blank space of the respective carbon copies of the receipts.