Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Niyam, 1978

The Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Niyam, 1978

Published vide Notification No. 1641-6-1-77-N-1-4, dated 25-4-1978, M.P. Gazette, Part 4 (Ga), dated 12-5-1978 at page 172

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In exercise of the powers conferred by Section 18 of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (No. 3 of 1977), the State Government hereby makes the following rules, namely :-

1. (1) These rules may be called the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Niyam, 1978

(2) They shall come into force on the date of their publication in the "Madhya Pradesh Gazette".

2. In these rules, unless the context otherwise requires,-

(a) "Form" means a form appended to these rules, and

(b) "Section" means a Section of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (No. 3 of 1977).

[3. The application under Section 5 shall be made in Form I to the Sub-Divisional Officer on or before the 31st January [1984].

4. The price of land per hectare for purposes of sub-section (2) of Section 7 shall be an average sale price of land of the same quality of soil and similarly situated in the village sold during three years preceding the date of transfer and if no sale of such land has taken place in the village during the said period of three years the average of sale price of such land in the adjoining villages during the said period of three years.
5. For purposes of determination of net income under sub-section (3) of Section 7, the Sub-Divisional Officer may require the lender of money by a notice in Form II to furnish information in the Form enclosed with the notice in respect of the land within such time, not exceeding 10 days, as may be specified in the notice.
6. If the lender of money furnishes the information required under Rule 5, within the time specified in the notice served under the said rule, the Sub-Divisional Officer shall cause the information furnished by the lender of money certified from the record, if any, maintained by the Patwari of the Patwari Circle concerned in that behalf and after having given an opportunity of being heard to the lender of money and the holder of agricultural land, determine the net income recording reasons therefore.
7. If the lender of money fails to furnish the information required under Rule 5, the Sub-Divisional Officer after having obtained information considered necessary from the Patwari of the Patwari Circle concerned, shall, after giving an opportunity of being heard to the lender of money and the holder of agricultural land determine the net income to the best of his judgement.
8. (1) The provisions of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) and the rules made thereunder so far as they relate to appeal shall apply to the appeal preferred under Section 8 as they apply to the appeal to the Collector under the said Code.

(2) The memorandum of appeal under Section 8 shall be affixed with a Court fee stamp of the value specified in Article I-A of Schedule I of the Court Fees Act, 1870 (No. VII of 1870).

Form I

(See Rule 3)

Application under Section 5 of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (No. 3 of 1977)

1. Name of applicant.
2. Residential address.
3. Land held by applicant in the State.

(a) Irrigated (Khasra No.............. Village.............. Patwari Circle No............Tehsil............District..............Hectares.

(b) Unirrigated.............. Khasra No Village..................... Patwari Circle No Tehsil...................... District............... Hectares...........Total.........hectares.

4. Date of prohibited transaction
5. Principal money
6. Date of securing interest in land
7. Mode of securing interest in land....................whether by-

(a) agreement to sell land with or without delivery of possession.

(b) Outright sale of land within or without delivery of possession accompanied by separate agreement to result it.

(c) Outright sale of land with or without delivery of possession with a district or an understanding that the sale shall not be acted upon if the loan is repaid.

(d) Outright sale of land with or without delivery of possession with condition incorporated in the sale deed to result it on repayment of loan.

(e) transaction in any modes other than (a) to (d).

8. Purpose of loan.
9. Market value of land at the time of transaction.
10. Whether the consideration shown in the document was paid in whole or in part, privately or before Sub-Registrar.
11. Whether possession of the land was actually delivered to the lender of money as per recitals in the said document. If not, when and in what manner the lender of money obtained possession of the land.
12. Rate of interest agreed upon.
13. Payment, if any, made by the holder of agricultural land to the lender of money towards the loan.

Place.....................

Date......................

Applicant.

Form II

(See Rule 5)

Notice

Before................................at..............................in the case of.................................Case No of 19...............

To,

Shri.......................................son of...........................................village........................................Tehsil...................District...................

Whereas the transaction of loan granted by you on to Shri..............................son of Shri...........................Village.........................................Tehsil...................District.................has been declared void under clause (ii) of sub-section (1) of Section 7 of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976.

And whereas it is not possible to restore the land to said Shri........................

And whereas necessary order under sub-section (2) of the said Section 7 has been passed;

And whereas the land had remained with you during the agricultural years.............

Now, therefore, in order to determine the net income accrued to you during the said period. You are hereby directed to furnish the following information on or before.....................namely :-