Rules under M.P. Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950

Rules under M.P. Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950

mp016

1. (i) Rules under Section 3 (1) and 3 (3)-Notification No. 627-XII, dated the 27th January, 1951.- In exercise of the powers conferred by sub-sections (1) and (3) of Section 3 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951), the State Government are pleased to specify for the areas mentioned in column (1) of the Schedule annexed hereto the dates mentioned in the corresponding entries in column (2) of the said Schedule as the dates for the purposes of the said section :

Schedule

	Area	Date
(i)	Amravati, Akola, Buldana and Yeotmal districts	14th March, 1951.
(ii)	Nagpur, Chanda, Wardha, Chhindwara, Betul, Jabalpur, Sagar, Mandla, Hoshangabad, Nimar, Raipur, Bilaspur, Durg, Bhandara, Balaghat, Bastar, Surguja and Raigarh district.	31st March, 1951.

(ii) Rules under Section 3 (2) regarding clearance of Forest Land. - Notification No. 743-XII, dated the 1st February, 1951. - 1. An application by a proprietor for clearing land classed as forest land, waste land or scrub jungle in the records of rights of an estate, mahal, alienated village or alienated land shall be made to the Additional Deputy Collector of the area. The application shall clearly state the purpose for which the land is required.

2. If, on receipt of the application, the Additional Deputy Collector considers that it is desirable in the public interest or in the interest of persons who, by custom or by virtue of any entry in the village administration paper, enjoy any right of user over such land to refuse permission, he may, for reasons to be recorded in writing, refuse such permission.
3. Permission for clearing land for cultivation shall be granted if the following conditions are fulfilled :

(i) the land is not within the radius of 15 miles from the limits of any municipal committee or notified area committee;

(ii) the existing area under cultivation with the proprietor is insufficient for the needs of the proprietor;

(iii) the land proposed to be brought under cultivation has a soil suitable for being cultivated and the circumstances of the proprietor are such that he would be able to cultivate the additional land

4. If the Additional Deputy Collector permits the clearing of land for cultivation, he shall specify in the permission the period within which the land after its clearance shall be brought under cultivation.

(iii) Rules regarding Assessment of Compensation (See Chapter III of the Act)-Notification No. 47-XXVIII, dated 29th February, 1951. - 1. The statement of claims under sub-section (1) of Section 12 of the Act, shall be filed in Form 1 of the Appendices to these rules within fifteen days from the date of vesting specified under Section 3 of the Act.

2. The proprietor who derives income from big forests or village forest and who is assessed to income-tax shall in support of his claim file along with the statement of claims, copies of the returns filed before the income-tax authorities and the copies of the relevant orders of assessment on siwaiincome for the period for which he has been paying income-tax.
3. (1) The statement of claims shall be presented to the Compensation Officer of the area or to such other officer, if any, authorised in this behalf in writing by the Compensation Officer.

(2) The statement may be presented in person or by an agent or by a legal practitioner duly authorised in writing in this behalf or sent by registered post.

4. The Compensation Officer shall fix a date for hearing and inform the applicant thereof. On the date of hearing or the date to which the hearing may be adjourned, the Compensation Officer shall proceed to determine the amount of compensation.
5. The Compensation Officer shall record a statement of compensation due to each proprietor in Form II and the details in Form III in respect of each village separately of property vesting in the State Government after acquisition in lieu of the payment of compensation and shall supply a copy of the statement to the out-going proprietor. The copy may be supplied either by tendering or delivering a copy thereof or sending such copy by post in a cover registered under the Indian Post Offices Act, 1898, to a person to whom it is to be supplied or his authorized agent or, if the supply in the manner aforesaid cannot be made, by affixing a copy thereof at his last known place of residence or some place of public resort in the village in which the property is situated.
6. The application for review under Section 15 (3) of the Act shall be ed within 30 days of the date of which the statement of compensation is supplied to the proprietor affected by the acquisition.

Form I

Statement of Claims

[Rule 1 under Section 12 (1) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (1 of 1951).]

In the Court of the Compensation Officer at___________

I,...................... s/o................resident of........Patwari Circle No..........Tahsil/Taluq.................. District..................beg to submit a statement of claims for the asssessment of compensation.

2. The following is a full statement of my property of which I have been divested and which now vests in the State. The name of toe lambardar/sadar lambardar of the village or a share in which is held by me is............

[Part I]

Proprietary Rights

For use in Central Provinces

(All villages held in Madhya Pradesh should be detailed)

Name of village................................Patti No........ Mahal No................... Settlement No.............Patwari Circle No................Tahsil....... District...............

(A) Names of proprietors and the extent of the share of each proprietor

Names of proprietors	Extent of share of each proprietor	Whether held jointly as an unpartitioned village or share
(1)	(2)	(3)

(B) The amount of gross income

Aggregate of rents receivable from tenant as recorded in the Jamabandi for the previous agricultural year	Siwai income, i.e., income from various sources such as jalkar, bankar, phalkar, hats, bazars, melas, grazing and village forest, calculated at two times the siwai income recorded in the current settlement	Consent money on transfer of tenancy lands-average annual income calculated at the rate permissible under Section 6-A or Section 12-A, as the case may be, of Central Provinces Tenancy Act, 1920, as recorded in the village papers for ten years preceding the agricultural year in which the date of vesting falls	Total
(1)	(2)	(3)	(4)
(Rs.)	(Rs.)	(Rs.)	(Rs.)

(C) The amount of expenditure.

Sum assessed as land revenue on an estate or mahal in the previous agricultural year less that part of the rental value of home farm land which bears the same proportion to the rental value as the amount of the land revenue assessed on the estate or mahal bears to the malguzari assets.			Sums found payable during the previous agricultural year by a proprietor oh account of cesses and local rates on all lands in the estate or mahal other than lands comprised in his home farm	Details of income-tax paid in respect of the income received from big forest during the period of thirty agricultural years preceding the agricultural year in which the relevant date falls	[Cost of management]		Total
Sum assessed as land revenue on estate or mahal	Land revenue on home farm land	Net sum taken into account			Rate	Amount
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
(Rs.)	(Rs.)	(Rs.)	(Rs.)	(Rs.)	(Rs.)	(Rs.)	(Rs.)

(a) The details of the income-tax paid during the 30 years are as follows-

Year	Total income on which assessment made	Amount of income-tax paid and rates	Income from the big forest included in column (2)	Remarks
(1)	(2)	(3)	(4)	(5)
	(Rs.)	(Rs.)	(Rs.)

(D) The net annual income for ordinary proprietary rights

Net income on the basis of gross income minus expenditure [(B)-(C)]	Net income on the basis of 5 percent of the annual gross income it the net income in column (1) comes to less than 5 percent of the gross income.
(1)	(2)
Rs.	Rs.

(E) In the case of village where mineral rights vested previously in the proprietor under the Waste Lands Sales Rules, 1864

Area of the village in acres	Where a mine has been worked during the 10 preceding agricultural years
	Gross income			Expenditure
	Average income on account of royalties calculated on the basis of annual returns filed for assessment of cess or income-tax during the ten preceding agricultural years or any shorter period for which such returns have been filed	In case of mines worked by the proprietor directly, average annual gross income calculated as in column (2)	Total	Average income-tax paid in respect of income in column (2)	95 percent of gross income determined as in column (3)	Total
(1)	(2)	(3)	(4)	(5)	(6)	(7)
	Rs.	Rs.	Rs.	Rs.	Rs.	Rs.

(F) Net income for mineral rights

In villages in which mines have been worked		In villages in which mines have not been worked
Net income on the basis of gross income minus expenditure	Net income on the basis of 4 annas per acre of the entire area of the village if the amount in column (1) comes to less than the amount at 4 annas per acre	Net income at 4 annas per acre of the entire area of the village
(1)	(2)	(3)
Rs.	Rs.	Rs.

(G) Net annual income and the amount of compensation payable by the State Government for proprietary rights

Net income for ordinary proprietary rights [Amount shown in column (1) or (2) of (D), whichever is greater]	Net income for mineral rights [Amount shown (a) in column (1) or (2), whichever is greater and (b) column (3) of (F)]	Total net income [columns (1) + (2)]	Amount of compensation [(3) x 10]
(1)	(2)	(3)	(4)
Rs.	Rs.	Rs.	Rs.

For use in Berar

Name of village..............	Settlement No...........
Taluq........................	District......................

(A) Name of proprietors and the extent of the share of each proprietor

Name of proprietors	Extent of the share of each proprietor
(1)	(2)

(B) The amount of gross annual income

Aggregate of rents payable by tenants for lands other than home-farm land for the agricultural year preceding the one in which the date of vesting falls	Average of income derived from village sites, grazing land and village forest during the ten agricultural years immediately preceding the agricultural year in which the date of vesting falls	Average of income from any other sources from which the superior holder legally derived income in exercise of his right as such during the ten agricultural years immediately preceding the agricultural year in which the date of vesting falls		Total [columns (1) + (2) + (4)]
		Source	Amount
(1)	(2)	(3)	(4)	(5)

(C) The amount of expenditure

Sum assessed during the agricultural year in which the date of vesting falls on account of the land revenue in respect of lands other than home-farm	Cesses or local rates and jaglia or mahar cess payable by the superior holder in respect of all lands other than home-farm land	Annual emoluments payable to patels and patwaris	One-tenth amount paid as income-tax on account of income from village forest during the ten immediately preceding agricultural years	[Cost of management]		Total Columns (1) + (2) + (3) + (4) + (5) + (6)]
				Rate	Amount
(1)	(2)	(3)	(4)	(5)	(6)	(7)
Rs.	Rs.	Rs.	Rs.	Rs.	Rs.	Rs.

(a) The details of the income-tax paid during the ten years are as follows-

Year	Total income on which assessment made	Amount of income-tax paid and rates	Income from village forest included in column (2)	Remarks
(1)	(2)	(3)	(4)	(5)
Rs.	Rs.	Rs.	Rs.	Rs.

(D) Net annual income ant the amount of compensation payable by Government

Net income on the basis of gross income minus expenditure [(B)-(C)]	Net income on the basis of 5 percent of the annual gross income if the net income in column (1) comes to less than 5 percent of the gross income	Amount of compensation [amount in column (1) or (2), whichever is greater x 10]
(1)	(2)	(3)
Rs.	Rs.	Rs.

For use in the Merged Territories

Name of village........	Settlement No...............
Tahsil.................	District....................

(A) Name of proprietors and the extent of the share of each proprietor

Name of proprietors	Extent of share of each proprietor
(1)	(2)

(B) The amount of gross income

Aggregate of the assessment on all lands in the estate or mahal other than home-farm lands	Siwai income, i.e., income from various sources such as jalkar, bankar, phalkar, hats, bazars, grazing income from village forest, etc., calculated at two times the siwai income recorded in the current settlement and if there was no settlement in any area, then the average annual income based on the average income from all sources from which such income could be legally derived for three years immediately preceding the agricultural year in which the data of vesting falls	Consent money or the transfer of tenancy and raiyoti lands, the average annual income calculated at the rate permissible under clause 5 of the Central Provinces States Land Tenure Order, 1949, or the Makrai State Land Tenure Order, 1949, on transactions recorded in the village papers for three years or if no such village papers are maintained in any area, on transactions taking place during the three years immediately preceding the agricultural year in which the date of vesting falls	Total [columns (1) + (2)]
(1)	(2)	(3)	(4)
Rs.	Rs.	Rs.	Rs.

(C) The amount of expenditure

Sum assessed as land revenue on the estate or mahal in the previous agricultural year less the assessments on the home-farm lands or where only a fraction of the sum assessed as land revenue on the estate or mahal is payable, such fraction of the sum assessed as land revenue on the estate or mahal in the previous agricultural year less proportionate fraction of the assessment on the home-farm land	Sums found payable during the previous agricultural year by the proprietor on account of cesses and local rates on all lands in the estate or mahal other than lands comprised in the home-farm	Any expenditure which the proprietor is liable to incur on any duties imposed upon him as a proprietor under any instrument having the force of law in the local area	[Cost of management]		Total columns [(1) + (2) + (3) + (5)]
			Rate	Amount
(1)	(2)	(3)	(4)	(5)	(6)
Rs.	Rs.	Rs.	Rs.	Rs.	Rs.

(D) Net annual income and the amount of compensation payable by Government

Net annual income		Amount of compensation
Net income on the basis of gross income minus expenditure [(B) - (C)]	Net income on the basis of 5 percent of the annual gross income if the net income in column (1) comes to less than 5 percent of the gross income	Determined in accordance with Rule 8 (2) of the rules in Schedule 1 of the Act	Determined in accordance with Rule 9 of the rules of Schedule 1 of the Act
(1)	(2)	(3)	(4)
Rs.	Rs.	Rs.	Rs.

Part II

Additional compensation payable in respect of lands lying in Municipal or Cantonment Area and vesting in the State under the act

Details of land		Amount of compensation
Khasra/Survey No.	Area	Assessment	Amount
(1)	(2)	(3)	(4)
	Acres	Rs.	Rs.

Part III

Amount payable for expenditure incurred after the 11th March, 1949 on any tank, well or other work used for irrigating agricultural land where such tank, well or work vests in the state under the act

[Details of the work]	Amount spent after 11th March, 1949
	Purpose on which the amount spent	Date	Amount (Rs.)

Part IV

Total amount of compensation payable by Government

Compensation for proprietary rights (vide Part I)	Additional compensation payable for lands lying in municipal or cantonment area (vide Part II)	Amount payable for works (vide Part III)	Total [Columns (1) + (2) + (3)]
(1)	(2)	(3)	(4)
Rs.	Rs.	Rs.	Rs.

Part V

The following is a full statement if land revenue, cesses, Taccavi and other Government dues outstanding against me severally or jointly with other

	Dues for the year	Amount Rs.
1. Land revenue-
Suspended arrears
Unsuspended arrears
2. Cesses-
Suspended arrears
Unsuspended arrears
3. Taccavi-
Not due
Due-
Suspended
Unsuspended
4. Other Government dues, if any

Note - I enclose the following documents-

(i) Extract from the mutation register showing the proprietary rights held by me.

(ii) Copies of returns filed with the Income-tax Authorities and the copies of the orders of the income-tax assessments.

Dated....................

Signature of the applicant

Verified that the contents of parts.............. of the application are true upon the personal knowledge and of those in parts................. upon information received and believed to be true by the undersigned.

Declared at.............. on.................

Signature of applicant Address................

Form II

Statement of Compensation due

[Rule 5 under Section 13 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

In the Court of the Revenue Officer at.............................

Revenue Case No.................. Major head/Minor head/Class...

1.I determine that the compensation payable for the property acquired in the whole of the estate/mahal/alienated village shown in column (1) of Schedule I shall be as shown in column (5) of the said Schedule.

2. I further determine that the amount due to each claimant having interest in the estate/mahal/alienated village shall be as shown in Schedule II.

Schedule I

Name of estate/mahal, with S. No./alienated village/tahsil/ taluq and district	Amount of compensation due
	For proprietary rights under Section 8 (1) of the Act	Additional compensation payable for lands lying within the area of municipality of cantonment under Section 8 (3) of the Act	Compensation payable in respect of any tank, well or other work under Section 8 (2) of the Act	Total
(1)	(2)	(3)	(4)	(5)
Rs.	Rs.	Rs.	Rs.	Rs.

Schedule II

S. No.	Name of claimant and the extent of the share held by him	Amount
1	2	3

Dated.......

(Seal of Court)

Compensation Officer

Copy forwarded to................................................................................

Dated....................

Compensation Officer

Note - Where superior and inferior proprietary rights exist, the proportion in which the proprietary profits are distributed should be entered in column (2) against the claimant.

Form III

[Statement showing details of land vesting in the State Government under Section 3 (1) of Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950]

(I of 1951)

[Rule 5 under Section 13 (1) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

In the Court of the Compensation Officer at............................Revenue Case No..................Major head/Minor head/Class..........

I declare that in village Mahal No Settlement No.......................Patwari Circle No.........Tahsil/Taluq....................District........

The interest of the proprietor or any person having interest in such proprietary right through the proprietor in the property shown in the following Schedule shall vest in the State Government-

Schedule

Part I-A

Details of Land (For use in Central Provinces)

Area held by absolute occupancy tenants	Area held by occupancy tenants	Area held by proprietor not included in home-farm	Area of village service holdings
(1)	(2)	(3)	(4)

 

Area of land other than sir held by any person from the proprietor on favorable terms for service rendered by him	Area under grass, scrub jungle and forest	Area under village sites, hats, bazars, melas, wells, tanks, ponds, water channels rivers, nalas, pathways and other communal land	Other unoccupied land
(5)	(6)	(7)	(8)

Part I-B

Details of Land (For use in Berar)

Area held by antealienation tenants	Area held by permanent tenants	Area held by tenants of antiquity	Area under grazing and forest	Area under village sites, hats, bazars, melas, wells, tanks, ponds, water channels, nalas, rivers, pathways and land assigned for village purpose	Other unoccupied land
(1)	(2)	(3)	(4)	(5)	(6)

Part I-C

Details of Land (For use in Merged Territories)

Area held by tenants and raiyots	Area held by proprietor not included in home-farm	Area of village service holdings	Area held by any person from the proprietor on favourable terms for service rendered	Area under grass, scrub, jungle, forest	Area under village sites, hats, bazars, melas, wells, tanks, ponds, water channels, nalas, rivers, pathways and other communal land	Other unoccupied land
(1)	(2)	(3)	(4)	(5)	(6)	(7)

Part II

Details of tank, well or any other work used for irrigation purposes and vesting in the State Government

Serial No.	Name of work	Details of area covered by the work		Remarks
		Khasra/ Survey No.	Area
(1)	(2)	(3)	(4)	(5)

(Seal of Court)

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

................... Compensation Officer

Copy forwarded to Compensation officer.................................

Compensation Officer

[(iv) Rules regarding Determination of Debts (See Chapter JV of the Act).-Notification No. 48-dated the 27th February, 1951.] - 1. An application Wider sub-section (1) or sub-section (2) of Section 19 shall be filed on or before the 15th August, 1951-

2. (1) An application under sub-section (1) of Section 19 of the Act, by a proprietor, who is divested of proprietary rights under Section 3, shall be made in Form I Appended to these rules.

(2) It shall be accompanied by as many true copies of the application on plain paper as there are creditors and one extra copy for the use of the Claims Officer.

3. The application may be presented in person or by an agent duly authorized in writing or by a legal practitioner duly authorized in this behalf.
4. On the receipt of an application under Section 19 (1) of the Act, if the Claims Officer finds that any proceedings are pending in a Civil Court against the proprietor for the recovery of any amount in respect of a secured debt or claim shown in the application he shall issue a notice in Form II appended to these rules to the Civil Court concerned.
5. The notice under sub-section (1) of Section 21 of the Act shall be in Form III appended to these rules and shall be accompanied by a copy of the application made under Section 19 of the Act.

Form I

Application

[Rule 2 under Section 19 of the Madhya Pradesh Abolition of the Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

In the Court of the Claims Officer at......................................

Under sub-section (1) of Section 19 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951),

I......................................... son of...... resident of ..............tahsil/taluq................................ district.......beg to apply for the determination of my debts between my creditors and myself.

2. I here by declare that I earn my livelihood wholly or mainly from agriculture or from rents or lease money received from agricultural land.
3. The following is a full statement of all secured debts and claims against my property of which I have been divested and which has vested in the State-

Serial No.	Name, residence and full address of debtor/debtors with names of sureties	Amount outstanding	Description of the secured debt with detail of the case and court where the civil suit, if any, is pending	Names and addresses of creditors
(1)	(2)	(3)	(4)	(5)
		Rs.

Note - The applicant should give full particulars in column (2) whether (a) he alone is liable for debts the determination of which is sought, or (b) whether he with others owes the debts as co-executant of the bond as surety, and (c) in the case of decretal debts, the names of other debtors.

4. The following is a full statement of excluded debts outstanding against me severally or jointly with others-

(i) Any liability in respect of any sum due to any society registered under the Co-operative Societies Act, 1912.

(ii) Any liability in respect of maintenance whether under decree of court or otherwise.

(iii) Any liability due to a bank or a company.

(iv) Any debt in respect of which an agreement has been registered under Section 12 of the Central Provinces Debt Conciliation Act, 1933, or in respect of which a scheme for repayment has been framed under Section 11 of the Central Provinces and Berar Relief of Indebtedness Act, 1939.

(v) Any liability in respect of village profits or of land revenue arising between co-sharers and the lambardar or between lambardar and sadar lambardar or between superior and inferior proprietors or between proprietor and a thekedar or a farmer of proprietary rights or between the proprietor and a malik-makbuza or between co-sharers in ijara and jagir villages.

(vi) A mortgage claim against property in the hands of a subsequent transferee who has taken the transfer in order of satisfy the mortgage.

(vii) Any liability arising between mortgagor and mortgagee in respect of land revenue of the mortgaged property which has been paid by the mortgagee on behalf of the mortgagor.

5. The statement of all my property of which I have been divested and which have vested in the State is as follows-

Serial No.	Description of property	Name of village Tahsil/ taluq and district	Total area of extent of share	Revenue payable	Remarks
(1)	(2)	(3)	(4)	(5)	(6)
				Rs.

6. I give below the details of my income during the two years immediately prceding the year in which the date of vesting falls-

Year	Income from agricultural sources with particulars of land from which derived	Income from other sources with particulars	Total income
(1)	(2)	(3)	(4)
			Rs.

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

Signature of the applicant

Until intimated in writing otherwise, my address for purposes of notices of proceedings, etc., will be as follows-

...........................................................................

...........................................................................

Verified that the contents of paragraphs ........... of the application are true to the personal knowledge of and those in paragraphs ...................... upon information received and believed to be true by the undersigned.

Declared at.......................... on.......................

Signature of the applicant

Form II

Notice to Civil Court

[Rule 4 under Section 20 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

To,

..........................

Notice is hereby given that an application has been made for the determination of the secured debts of son of of village............... tahsil/taluq district................. (Debtor), amount which is a debt of Rs which the aforesaid debtor is said to be owing to.............. (creditor) for the recovery of which proceedings are pending before you, in Case No dated the..........................day of.......20....

(Seal of the Court)

................................ Signature of the Claims Officer

Form III

Notice

[Rule 5 under Sections 20 and 21 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

To,

......................................son of.......................profession................. residence...........................................tahsil/taluq................... district.....................

Whereas..............................................son of................of................................ tahsil/taluq................ district............ debtor, has submitted an application under sub-section (1) of Section 19 of the said Act for the determination of his secured debts and claims and whereas this Court has admitted the application, you, as one of the creditors to whom the said debtor is indebted, are hereby required to submit to this Court on or before.............................a statement in writing of all claims due to you from the aforesaid debtor.

This statement shall be signed and verified in the manner prescribed by Order VI, Rule 15, of the Code of Civil Procedure (V of 1908).

2. It shall be presented in person, by an agent, by a pleader or sent by registered post and every claim not so submitted shall, under sub-section (1) of Section 22 of the Act, be deemed for all purposes and all occasions to have been discharged against such debtor.
3. You are also required on the date fixed for hearing of this case as noted below to produce the documents in your possession or control on which you base your claim and to furnish a full and true statement of accounts of all previous transactions between yourself and your debtor leading to the claim and your account books and copies thereof, if any, in your possession or control. If such documents and statement are not produced at the said hearing, the Court may, under sub-section (2) of Section 22 of the Act, declare your claim to be discharged for all purposes and occasions against the aforesaid debtor.
4. The hearing of the case is fixed for.................at 11 a.m. at.........when you should appear before the Court which shall require proof of the validity and subsisting character of the debt.

Dated............................. the................ day of...... 20....

(Seal of the Court)

................................... Signature of the Claims Officer

(v) Rules regarding payment of Compensation (See Chapter V of the Act). - Notification No. 322-XXVIII, dated the 30th April, 1952. - 1. The total amount of arrears of revenue, cesses and other Government dues recoverable under Section 4 (1) (d) shall, if any, be first deducted from the amount of compensation payable to a proprietor. The balance after such deduction shall be the net amount of compensation (hereinafter referred to as the net amount) payable to the proprietor.

2. The net amount shall be paid in instalments not exceeding eight determined as follows :

(1) if the net amount is less than hundred rupees, the whole of it shall / be paid in one instalment;

(2) if the net amount is more than hundred rupees, the first instalment shall be calculated by adding the following sums :

(i) one hundred rupees;

(ii) one-third of the amount arrived at after deducting one hundred rupees from the net amount; and

(iii) the remainder arrived at by deducting from the net amount the total of the sums mentioned in sub-clauses (i) and (ii) and by dividing the balance by fifty;

(3) the balance remaining over after deducting the amount of first instalment determined under Rule (2) from the net amount shall be paid as follows:

(i) if the balance is less than three hundred and fifty rupees, the amount shall be paid in equal instalments of rupees fifty until satisfied;

(ii) if the balance is more than three hundred and fifty rupees, then it shall first be divided into seven instalments each being equal to fifty times the integral quotient obtained by dividing such balance by three hundred and fifty. The amount remaining, if any, shall be paid by adding rupees fifty to the amount of each instalment so determined commencing from the eighth instalment as far backwards as necessary.

3. The amount payable to Government shall be adjusted by book-transfer by credit to the appropriate head of account and by debit to the head "65-Payment of Compensation to Landholders on the Abolition of Malguzari System." One copy of the chalan shall be filed with the compensation case, and another copy shall be forwarded to the departmental officer to whom credit has been given.
4. The amount of compensation remaining after adjustment of land revenue, cesses and other Government dues, shall be payable firstly to the creditors, if any, of the proprietor in accordance with the orders of the Claims Officer and then to the proprietor.
5. The date on which the compensation in whole or the first instalment thereof will be payable shall be the 1st May, 1952, and subsequent instalments shall be payable on the 1st May of the succeeding years. In cases where the amount of compensation is not determined before the 1st May, 1952, the first payment of compensation shall be on the 1st of the month following the date on which the amount of compensation is determined, and subsequent instalments shall be payable on the 1st May each year.
6. Interest at two and a half per centum per annum shall be paid on the total amount payable for the period from the date of vesting of the proprietary rights to the date of the first payment of compensation and thereafter on the balance of compensation each year. In calculating interest-

(i) the amount of compensation less than eight annas shall be disregarded, and eight annas or more shall be taken as a rupee;

(ii) any amount of interest being less than six pies shall be ignored, and six pies or more shall be taken as one anna.

7. The amount of compensation shall be debited to the head "65-Payment of Compensation to Landholders on the Abolition of Malguzari System" and interest to the head "22-Interest on Debt and Other Obligations-Interest on Compensation to Malguzars."
8. If, in consequence of any proceedings under Sections 15 (2) and (3) of the Act, the quantum of compensation payable is revised, the instalments shall be refixed and payments made accordingly, any difference being paid through a supplementary voucher in Form A in accordance with the procedure prescribed in Rule 9 of these rules. Where an excess payment has been made, the excess amount of compensation and interest paid shall be recovered out of any subsequent instalment by short drawal. Where, however, the excess amount has been paid in one instalment or where it cannot be recovered out of the subsequent instalments, it shall be recoverable as an arrear of land revenue if within one month from the date of the communication of the order in such proceedings the payee fails to refund the excess amount. The excess amount so recovered should be credited into the treasury under the following heads :

(a) Amount recovered on account of excess compensation paid "65-Payment of Compensation to Landholders on the Abolition of Malguzari System-Deduct-Receipts and Recoveries on Capital Account."

(b) Amount recovered on account of excess interest paid-

(i) if recovered during the same financial year-"22-Interest on Debt and Other Obligations-8-Deduct-Excess Interest paid on Compensation to Malguzars".

(ii) if recovered during other financial years-"XX,-Interest-Miscellaneous".

9. On receipt of the case under Section 35 (1) and after ascertaining the amounts payable to the creditors under Section 35 (2) of the Act, the [Collector]shall follow the following procedure in paying the amount to a proprietor:

(i) Where the amount is payable in one instalment, a payment order shall be prepared in Form A and delivered to the payee. Entries shall be made simultaneously in Part II of the Register in Form C and initialled by the [Collector].

(ii) Where the amount is payable in instalments, the [Collector] shall prepare a payment order in Form B, showing the dates on which the various instalments shall be paid and deliver it to the payee concerned. A payment order in Form A shall also be delivered to the payee for the amount payable as first instalment and subsequently on the production of the order in Form B on the date of payments, a payment order shall be prepared in Form A and delivered to him. The [Collector]shall make entry in Form B of the fact of having delivered the payment order in Form A and initial the entries and return it to the payee for record. The [Collector] shall, before delivering the order in Form A, make entries in Part II of the Register in Form D and initial them.

[(ii-a) Where the amount is payable jointly to proprietors or creditors who are members of a joint Hindu family and the individual share of each such person is not specified in Schedule II of the Statement in Form II prepared under Rule 5 of the rules under Section 13 or in the order of the Claims Officer under Section 24, then notwithstanding that any of them is a minor, the karta of the family may, upon an application made in that behalf to the [Collector] signed by himself and the other major members of the family, and subject to the execution of an indemnity bond with one surety in Form J, be shown in the payment order in Form A as the payee on behalf of himself and all other members of the joint family],

(iii) The order in Form A will be the authority, for the payment of the amount from the treasury or sub-treasury, as the case may be, and will be presented to the Treasury Officer for payment. The payment shall be made only upon the personal claim of the payee concerned and to his personal receipt and not otherwise. At the written request or order of the payee the amount may be made payable to some well-known banker or agent. The voucher shall ordinarily be made payable at the treasury or sub-treasury at the headquarters of the tahsil in which the property which was the subject-matter of the proprietary rights vesting in the State is situated.

(iv) If any payee, however, desires that the payment should be made at a treasury in another district, the [Collector] shall send a copy of the register in Form C or D, as the case may be, to the [Collector] of that district, and make entry to this effect in the register and initial it. The [Collector] of the latter district shall insert the copy of the register in Form C or D in the corresponding resiter of the tahsil in which the treasury at which payment is sought lies, and shall make payment as if the compensation was payable in respect of the property vesting in the State in that tahsil.

(v) After payment, the voucher shall be forwarded by the Treasury Officer to the Accountant-General, Madhya Pradesh, with monthly accounts.

(vi) If the payee does not appear to receive the payment order on the due date-

(a) if the amount does not exceed Rs. 50 and if the address of the payee is known, it may be remitted by money order less money-order-commission, the amount being drawn through the voucher in Form A by Transfer Credit to the Postal Department. The money order receipt shall be affixed in column (6) of Part II of the Register in Form C or D, as the case may be, and entries initialled by the [Collector]. The acknowledgment shall be affixed at the same place when received. If the money order is returned unpaid, the amount be placed in Revenue Deposits by book transfer and subsequent entries made in the register in Form C or D, as the case may be, and initialled by the [Collector].

(b) If the amount exceeds Rs. 50 or if the address of the payee is not known, or if any person entitled to a payment out of the compensation refuses to accept the amount, it shall be placed in Revenue Deposits by book-transfer through the vouchers in Form A. Entries shall be made simultaneously in the register in Form C or D, as the case may be, and initialled by the [Collector].

(c) Where the amount is placed in Revenue Deposits, the [Collector] shall give notice to the payee of such deposits specifying the treasury in which the deposit has been made.

10. When the payment order in Form A in respect of the amount payable in lump sum and in Form B in respect of the amount payable in instalments have been delivered and details have been entered in the registers in Form C or D, as the case may be, an entry to this effect shall be made in the order-sheet of the revenue case and the case deposited in the record-room. Further action to make the payment will be taken in accordance with the entries made in the register.
11. (1) In the event of the death of a proprietor or a creditor, his legal representative will be entitled to receive the amount, and it shall be paid to him.

[(2) Where the legal representatives of a deceassed proprietor or creditor are members of a joint Hindu family, the karta of the family may, on an application made in that behalf to the [Collector] and subject to the execution of an indemnity bond with one surety in Form K receive the payment of the amount on behalf of himself and the other legal representatives].

12. Where a proprietor is a waqf, trust or endowment or a minor or a person suffering from legal disability or is a limited owner or the holder of life interest, the amount may be invested by the [Collector]in Government securities, treasury notes or in fixed deposits in the Imperial Bank of India or the Madhya Pradesh Co-operative Bank after obtaining Government's prior sanction in each case :

[Provided that a part of the amount may be paid by the [Collector]-

(i) to a waqf trust or endowment in order to enable it to defray any expenses which may be necessary for the purpose of repairs to its buildings or the celebration of any periodical function;

(ii) to the guardian of a minor for the purpose of enabling him to defray the expenses of-

(a) the education or medical treatment of the minor,

(b) the cultivation of the land allowed to remain with the minor under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951);

(c), any other legal necessity:

Provided further that before sanctioning payment the [Collector] shall satisfy himself that the expenditure cannot be met from any other source of income available to the waqf, trust or endowment or minor, as the case may be].

13. As soon as entries in Part I of the Registers in Forms C and D for all the Proprietors of the district have been completed, the [Collector]shall forward a statement in Form E to the Secretary to the Government of Madhya Pradesh, Revenue Department, and a copy thereof to the Accountant-General, Madhya Pradesh showing the details of the compensation that will be payable during the various years.
14. A monthly statement of payments in Form F showing the amount of compensation and interest paid during the preceding month, shall be forwarded by the [Collector]by the 10th of the succeeding month to the Secretary to Government of Madhya Pradesh, Revenue Department.
15. The outstanding balance of compensation shown in the Registers in Forms C and D shall be periodically totalled and the totals compared with the figures of balance in the monthly statement of expenditure in Form F. The additions shall be made twice a year as soon as possible after the 31st March and the 30th September and they shall be worked out' in a bound register in Form G. Whenever discrepancies are discovered, steps shall be taken by the [Collector]to remove them.
16. A statement in Form H showing the outstanding balance of compensation at the end of financial year shall, so long as the payments have not been made to all the proprietors, be forwarded by the 15th May by the [Collector]to (i) the Accountant-General, Madhya Pradesh, and (ii) the Secretary to Government, Madhya Pradesh, Revenue Department.
17. The [Collector]shall submit a statement in Form I to the Secretary to Government, Madhya Pradesh, Revenue Department, not later than 15th October in each year, so long as the compensation to all the proprietors has not been paid, for making provision in the budget for the next year.

Form A

Order of Payment of Compensation and Interest

[Under Rule 9 (i) and (ii) of the rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (i of 1951)]

Court of the Collector....................................

Revenue Case No...............Major/Minor Head/Class................

Page No. of the Register in form C or D........

To,

The Officer-in-Charge of......................Treasury/Sub-Treasury.

Please pay the sum of Rs...................(in words).........to Shri Son of.... of mouza................ settlement No.............. tahsil/taluq........... district .... on account of [Compensation in full................] instalment of compensation payable under Section 13 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Landsl Act, 1950 (I of 1951) and interest thereon at 2-½ percent per annum. The expenditure is debatable to the heads noted below-

	Head	Amount
	(1)	(2)
(i)	"65-Payment of Compensation to Landholders on the Abolition of Malguzari."	Rs.
(ii)	"22-Interest on Debt and other Obligations-Interest on compensation to Malguzars."
		Total

 

Date.................	.....................
Pay Rs...............	Collector
Date.................	Officer-in-Charge of Treasury

I hereby acknowledge the receipt of the amount mentioned above. If in consequence of any proceeding under Section 15 (2) or 15 (3) of the Act it is found that an excess payment has been made to me, I agree to the excess amount being recovered from me as an arrear of land revenue if within one month from the date of the communication of the order in such proceeding I fail to refund the excess.

(Stamp)	(if amount exceeds Rs. 20)
	.................
Date.............	Signature of Payee

Form B

Order of Payment of Compensation

[Under Rule 9 (ii) of the rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

Court of the Collector................................................

Revenue Case No..............Major/Minor Head/Class.................

The sum of Rs............................(in words........................) payable to Shri............................ son of............................ of mouza................................................ settlement No.....tahsil/taluq.............................................district...........................................as compensation payable under Section 13 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951), together with interest thereon at 2-½ percent per annum will be paid on the production of this order in instalments on the dates specified in Schedule appended here to-

Schedule

Page No. of the Register in Form D	Amount of compensation and interest and date when payable				Date on which the payment order in Form A delivered to the payee	Initials of the Collector for delivering the payment order in Form A
	Date on which payable	Amount of instalment
		Compensation	Interest	Total
(1)	(2)	(3)	(4)	(5)	(6)	(7)
		Rs.	Rs.	Rs.

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

Collector..............

Form C

Register of Payment of Compensation and Interest payable in Lump Sum

[Vide Rule 9 (1) of the rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

Part I

Name of proprietor, village settlement Number and tahsil/Taluq	Revenue Case No. of the Court of the Compensation Officer	Details of Compensation payable
		Total amount of compensation	Amount of arrears of revenue cesses and other Government dues, if any, recoverable out of the compensation	Balance of the amount remaining for payment to creditors and proprietors [columns (3)-(4)]	Details of the amount payable to creditors and proprietors		Date on which payable	Initials of the Collector
					Person	Amount
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
		Rs.	Rs.	Rs.		Rs.

Part II

Date on which payment made	Amount payable as compensation	Amount payable as interest	Total	Details of payment made		Initials of the Collector
				Name and father's name of payee	Amount
(1)	(2)	(3)	(4)	(5)	(6)	(7)

Note. - In filling in the details of payments made in Part II of the Register, the following instructions should be followed-

(i) If the amount is sent by money order, the money order receipt No. and date should be entered in column (6) below the amount remitted.

(ii) If the amount is placed in revenue deposit, challan No. and date should be entered in column (6) below the amount placed in revenue deposit.

Form D

Register of Payment of Compensation and Interest payable in Instalments

[Vide Rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

Part I

Name of village settlement Number and tahsil/Taluq	Revenue Case No. of the Court of the Compensation Officer	Details of Compensation payable
		Total amount of compensation	Amount of arrears of revenue cesses and other Government dues, recoverable out of the compensation	Balance of the amount remaining for payment to creditors and proprietors [columns (3)-(4)]	Details of the amount payable to creditors and proprietors		Date on which payable	Initials of the Collector
					Person	Amount
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
		Rs.	Rs.	Rs.		Rs.

Part II

Date on which payment made	Amount payable as compensation	Amount payable as interest	Total	Details of payment made		Balance of compensation outstanding	Initials of the Collector
				Name and father's name of payee	Amount
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

Note. - In filling details of payment made in Part II of the Register, the following instructions should be followed-

(i) If the amount is sent by money order the money order receipt No. and date should be entered in column (6) below the amount remitted.

(ii) If the amount is placed in revenue deposit, challan No. and date should be entered in column (6) below the amount placed in revenue deposit.

Instructions for the preparation and maintenance of the Registers in Forms C and D

1. There shall be two registers for each tahsil-

(i) one in Form C for payment of amount of compensation payable in one instalment; and

(ii) the other in Form D for the amount of compensation payable in instalments.

2. The register should be got bound and paged and the Collector shall make the following entry on the inside cover of the register and sign it :

"This register contains pages__________

Collector

3. One page will be allotted to each proprietor shown in Schedule II of the statement of compensation due.
4. The compensation shall be made payable on the 1st May, 1952 in cases in which the order have already been passed. In other cases the first payment of compensation shall be on the 1st of the month following the date on which the amount of compensation is determined. For subsequent instalments, 1st May should be fixed as the date of payment.
5. Interest is payable at 2-½ per centum per annum from the date of vesting of the proprietary rights to the date on which the payment falls due.
6. Part I of the Registor shall be filled in at first, and Part II will be filled in when payment order in Form A is delivered to the payee.
7. In filling in the details of payment made in Part II of the Register, the following instructions should be followed-

(i) If the amount is sent by money-order, the money order receipt No. and date should be entered in column (6) below the amount remitted.

(ii) If the amount is placed in revenue deposit, challan No. and date should be entered in column (6) below the amount placed in revenue deposit.

8. When payment has been made to all the proprietors or other payees on their behalf whose name has been entered in the Register, it should be deposited in the record-room. The Register will be preserved permanently.

Form E

Statement showing the Details of the Compensation payable in various years

Vide Rule 13 of the rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)

Name of the district	Year	Amount payable
(1)	(2)	(3)
Rs. Total.....

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

Collector

Copy forwarded to the Secretary to the Government of Madhya Pradesh, Revenue Department, Nagpur/Accountant-General Madhya Pradesh, Nagpur, for information.

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

Collector

Form F

Statement showing the Payment of Compensation and Interest payable for the month of......................

[Vide Rule 14 of the rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienation Lands) Act, 1950 (I of 1951)

Head	Amount payable under the Scheme	Details of payment			Balance outstanding at the end of the month [Column (2)-(5)]
		Amount paid up to the end of the previous month	Amount paid during the month	Progressive total of payment made to the end of the month
(1)	(2)	(3)	(4)	(5)	(6)
	Rs.	Rs.	Rs.	Rs.	Rs.
(i) "65-Payment of Compensation to Landholders on the Abolition of Malguzari"
(ii) "22-Interest on Debt and other Obligations-Interest on Compensation to Malguzars."

Not to be filled in against interest

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

Collector.......

To,

The Secretary to Government, Madhya Pradesh, Revenue Department, Nagpur.

Form G

Register for Totalling Outstanding Balance of Compensation payable

[Vide Rule 15 of the rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Atpolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

Page No. of Register in Form C or D	Compensation outstanding at the end of March	Compensation outstanding at the end of September	Remarks
(1)	(2)	(3)	(4)
	Rs.	Rs.

Form H

Statement showing the Outstanding Balance of Compensation at the end of March........

[Vide Rule 16 of the rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

Name of district	Amount payable under the Scheme	Amount paid at the end of the previous financial year	Amount paid during the financial year	Progressive total of compensation paid up to the end of the year	Balance outstanding at the end of the year
(1)	(2)	(3)	(4)	(5)	(6)
	Rs.	Rs.	Rs.	Rs.	Rs.

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

............. Collector,

Certified that the figures of the outstanding balance have been compared with the balance in the totalling register and that the figures agree.

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

............. Collector,

To,

The Accountant-General, Madhya Pradesh/Secretary to Government Madhya Pradesh, Revenue Department, Nagpur.

Form I

Statement showing the amount required for payment as Compensation and interest during the financial year..................... for the............... district

[Vide Rule 17 of the rules framed under Section 91 (2) (b) and (h) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

	Head	Amount required	Remarks
	(1)	(2)	(3)
(i)	"65-Payment of Compensation to Landholders on the Abolition of Malguzari."
(ii)	"22-Interest on debt and other Obligations-Interest on Compensation to Malguzars."

 

	….............
Date.............	Collector

To,

The Secretary to Government, Madhya Pradesh, Revenue Department, Nagpur.

Form J

This Deed of Indemnity is made this................ day of..............20............, between Shri............son of............... in the tahsil of the........................ district (hereinafter called the indemnifier which expression shall unless inconsistent with the subject or context include his heirs, executors, administrators, representatives and assigns) of the one part, and the Governor of Madhya Pradesh acting through the Collector...............(hereinafter called the Governor which expression shall include his successors in office) of the other part;

Whereas the sum of Rs.................(.............) is payable to the joint [Hindu family consisting of] in respect of the acquisition of its proprietary rights in the Mahal (s)/Estate (s)/Alienated village (s)/Land (s) described in the Schedule hereunder in the manner prescribed under the provisions of the Madhya Pradesh Abolition of Proprietary Rights (EStates, Mahals, Alienated Lands) Act, 1950 (I of 1951);

And Whereas the indemnifier represents himself to be the karta of the said joint Hindu family and has requested for the payment being made to him in his capacity as such katra;

And Whereas the Governor has agreed to make such payment to the indemnifier upon the condition of his entering into an indemnity bond with one surety;

Now Therefore This Deed Witnesses that in consideration of the Governor paying to the indemnifier the sum of Rs............... (---------------------) only (the receipt of which the indemnifier hereby acknowledges) as aforesaid and indemnifier hereby agrees always to indemnify and save harmless the Governor against all claims in respect of the payment of the amount of compensation as aforesaid and against all costs and expenses which may be incurred by the Governor in relation thereto.

2. Any sum recoverable from the indemnifier hereunder may be recovered from him as an arrear of land revenue

Schedule

(Description of the Mahal/Estate/Alienated Lands)

* * * *

In Witness Where of the parties hereto have signed hereunto on the date and year respectively mentioned against their signatures.

Witnesses-
(1)
(2)	Indemnifier
Witnesses-	Dated______
(1)	_______
(2)	Collector on behalf of the Governor.
	Dated______

Whereas the Governor in order to secure the performance of the conditions above mentioned has demanded security from the Indemnifier, I(1)................. son of resident of..........., surety on behalf of the indemnifier agree that in the event of the indemnifier failing to pay any sum falling due under this deed I shall pay the same to the Governor. I further agree that my heirs, executors, administrators, representatives and assigns shall be bound for my liabilities hereunder. I also agree that any sum falling due hereunder may be recovered as an arrear of land revenue.

Witnesses-
(1)__________	(Signature of surety)
(2)__________	Dated______

Form K

This Deed of Indemnity is made this............. day of............... 20............ between Shri.................son of...............resident of.................... in the................ tahsil of the............... district (hereinafter called the indemnifier which expression shall unless inconsistent with the subject or context include his heirs, executors, administrators, representatives and assigns) of the one part, and the Governor of Madhya Pradesh acting through the Collector.....................(hereinafter called the Governor which expression shall include his successors-in-office) of the other part,

Whereas a sum of Rs.................. (..............) is payable to ...................son of in respect of the acquisition of his proprietary right in the Mahal (s)/Estate (s)/Alienated lands/Village (s) described in the Schedule hereunder in the manner prescribed under the provisions of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951);

And whereas the said Shri.........................son of.................died on.....................leaving behind him the following as his heirs and successors-

(1)

(2)

(3)

(4)

And whereas the aforesaid heirs of Shri........................are stated by the indemnifier to members of the joint Hindu family and the indemnifier represents himself to be the karta of the said joint Hindu family and has requested for payment being made to him in his capacity as such karta;

And whereas the Governor has agreed to make such payment to the indemnifier upon the condition of his entering into an indemnity bond with one surety.

Now therefore this Deed witnesses that in consideration of the Governor paying to the indemnifier the sum of Rs..............(.................) only (the receipt of which the indemnifier hereby acknowledges) as aforesaid the indemnifier hereby agrees always to indemnify and save harmless the Governor against all claims in respect of the payment of the amount of compensation as aforesaid and against all costs and expenses which may be incurred by the Governor in relation thereto.

2. Any sum recoverable from the indemnifier hereunder may be recovered from him as an arrear of land revenue

Schedule

(Description of the Mahal/Estate/Alienated Lands)

* * * *

In Witness Where of the parties hereto have signed hereunto on the date and year respectively mentioned against their signatures.

Witnesses-
(1)
(2)	Indemnifier
Witnesses-	Dated______
(1)	_______
(2)	Collector on behalf of the Governor.
	Dated______

Whereas the Governor in order to secure the performance of the conditions above mentioned has demanded security from the indemnifier, I (1)..............son of............resident of........., surety on behalf of the indemnifier agree that in the event of the indemnifier failing to pay any sum falling due under this deed I shall pay the same to the Governor. I further agree that my heirs, executors, administrators, representatives and assigns shall be bound for my liabilities hereunder. I also agree that any sum falling due hereunder may be recovered as an arrear of land revenue.

Witnesses-
(1)	(Signature of surety)
(2)	Dated______

(vi) Rules regarding Partition of Home-Farm (See Chapter VI of the Act).-Notification No. 49-XXVIII, dated the 27th February, 1951 - 1. An application by a co-sharer for partition of his share in the sir,khudkasht or home-farm land, as the case may be, shall set out the following particulars:

(a) The name of the applicant;

(b) the area of each field and the numbers borne by each of them in the village rent roll (jamabandi);

(c) the rental valuation of the land;

(d) the names of the co-sharers and the extent of their shares.

2. The application shall also be accompanied by a copy of entries in the village rent roll (jamabandi) for the preceding year pertaining to the land.
3. If the application involves the formation of a share of land of which the area will be less than ten acres, the Revenue Officer shall reject the application forthwith.
4. If the application is not rejected under Rule 3, the Revenue Officer shall issue on payment of process-fees by the applicant in accordance with the provisions of Section 23 of the CP Land Revenue Act, 1917 (II of 1917), notices in Form 'A' appended to these rules of the co-sharers requiring them to appear before him and state their objections, if any, on a day to be specified in the notice. He shall also cause a proclamation in Form 'B' appended to these rules to be published in accordance with the provisions of Section 24 of the same Act, stating his intention to partition of the land. If for any cause a notice cannot be personally served on the co-sharers, the proclamation shall be deemed to be sufficient notice.
5. After hearing the applicant, co-sharers and any other persons who appear, the Revenue Officer may, after recording his reasons in writing, reject the application.
6. If the Revenue Officer does not reject the application, he shall proceed after determining and recovering from the applicant the costs of making the partition, to effect the partition either personally or through such
7. After the partition has been completed, the Revenue Officer shall hear any objections which the parties may make and shall either amend or confirm the partition. The partition shall take effect from the commencement of the agricultural year next following the date of such amendment or confirmation.

Form A

Notice

[Rule 4 under Section 91 (2) (i) of Madhya Pradesh Abolition of Proprietary Rights (Estate, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

Before .........................at......................................

Case No.................. Major Head/Minor Head.........................

To..................................... son of............... resident of mauza ..........................tahsil ................ district........................

Where as ....................................... son of............. of mauza .............. tahsil district ........... has applied for partition of his share in the sir or/and khudkasht/home-farm land specified below, and whereas it is proposed to partition the said land and the date of hearing has been fixed on .................. 20 ................. at .... o'clock at you are here by informed that you should appear either personally or through a pleader or agent on the date fixed and state your objections, if any, otherwise they will not be considered-

Particulars of land..........................

Khasra No....................................

Area.........................................

Rental valuation-Rs..................

(Seal)

Dated............20...........

Revenue Officer

Form B

Proclamation

[Rule 4 under Section 91 (2) (i) of Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

Before .........................at..................................

Case No..................Major Head /Minor Head .....................

Whereas ........................, son of...........................of mauza.............tahsil.........................district ............... has applied for partition of his share in the sir or/and khudkasht/home-farm land specified below, and whereas it is proposed to partition the said land and the date of hearing has been fixed for ............20......, at........... o'clock at.............. all persons who are interested in the said land are hereby informed that they should appear either personally or through a pleader or agent on the date fixed and state their objections, if any, otherwise they will not be considered-

Particulars of land :......................

Khasra No..................................

Area.......................................

Rental valuation-Rs................

(Seal)

Dated...........20..........................

Revenue Officer

(vii) Rules regarding Purchase of Rights in Trees. - Notification No. 51-XXVIII, dated the 27th February, 1951. - 1. An application by a malik-makbuza shall specify the number and species of trees, the right in which he desires to purchase and the name of the person in whom such right vests. It shall be accompanied by a copy of the field book (Khasra) pertaining to the plot of land or an extract copy of the Village Administration Paper, or any other document which purports to show the existing right in the tress.

2. The Revenue Officer shall on receiving the application cause notice to be served in accordance with the provisions of Section 23 of the Central Provinces Land Revenue Act, 1917 (II of 1917), on the person in whom the right in trees vests, and after hearing such evidence as the parties may adduce and making such other enquiries as he thinks fit shall proceed to fix the value of the right.
3. On the value of the right being fixed under Rule 2, the malik-makbuzashall within such period, not being less than one month, as may be ordered by the Revenue Officer, deposit in his office the sum so fixed. On such deposit being made, the Revenue Officer shall declare the malik-makbuzato have the same rights in trees as in the plot itself and shall put him in possession of the trees. If the malik-makbuza fails to make the deposit within the time fixed, the application shall be dismissed.

(viii) Rules regarding Direction made under C.P. and Berar Panchayats Act, 1946. - Notification No. 52-XXVIII, dated the 27th February, 1951. - 1. Where the management of any village vesting in State is entrusted to a Gram Panchayat, it shall perform its functions in accordance with such directions as may be made under the Central Provinces and Berar Panchayats Act, 1946.

2. The State Government may authorise the Sarpanch or Deputy Sarpanch of such Gram Panchayat to exercise all or any of the powers exercisable by a mukadam or a lambardar or a landlord under the Central Provinces Tenancy Act, 1920, or under the law in force in the merged territories and such powers shall be exercised by the authorised officers in such manner and subject to such directions as may be issued from time to time.

(ix) Rules regarding Procedure to be followed by the Mines Tribunal-Notification No. 54-XXVIII, dated the 27th February, 1951. - 1. The Mines Tribunal shall follow such procedure as is inconsistent with justice, equity and good conscience.

2. The Tribunal shall have all the powers as Civil Court under the Code of Civil Procedure, 1908 for the purposes of taking evidence on oath (which such Tribunal is hereby empowered to administer) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the Tribunal shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXXV of the [Code of Criminal Procedure, 1898].
3. The Tribunal shall follow in regard to the apportionment of costs on the same principles as laid down in Section 35 of the Code of Civil Procedure, 1908.
4. (1) If any person other than a Government servant is appointed to be a member of the Tribunal he shall be entitled to such fees as the State Government may fix.

(2) The fees fixed under sub-rule (1) shall be costs in the proceedings of the Tribunal.

(x) Rules regarding Rehabilitation Grant-Notification No. 56-XXVIII, dated the 27th February, 1951. - 1. An application for a rehabilitation grant under sub-section (1) of Section 81 of the Act by a proprietor who is divested of proprietary rights under Section 3 of the Act shall be made within 30 days from the date of vesting specified under the Act to the appropriate Revenue Officer in Form I appended to these rules.

2. The application shall be made to the appropriate Revenue Officer within whose jurisdiction the property vesting in the States is situated. Where, however, the applicant held the property so vested within the jurisdiction of more than one such Revenue Officer, the application shall be made to only one of such Revenue Officer, within whose jurisdiction the applicant resides or in whose jurisdiction the larger part of his property is situated.
3. Where the application is in proper form and duly presented and the appropriate Revenue Officer is, after examining the application, satisfied that there is ground for entertaining the application, he shall fix a date for hearing thereof.
4. On the date so specified or any other date to which the hearing may be adjourned, the appropriate Revenue Officer shall proceed to investigate and dispose of the claims or objections, if any preferred.
5. If the appropriate Revenue Officer finds that the applicant is entitled to the grant, he shall proceed to determine the amount of the grant in accordance with the scale laid down in Rule 2 of the rules in Schedule III of the Act and record an order specifying the amount of grant admissible to the applicant. He shall thereafter transmit the records of the case to the Collector.
6. On receipt of the records, the Collector shall prepare in duplicate an order in Form II for the payment of the grant. One copy of the order shall be placed on the record and the other copy shall be handed over to the applicant. The copy of the order handed over to the applicant will be the authority for the payment of the grant from the treasury or sub-treasury, as the case may be.
7. In the event of the death of an intermediary entitled to the rehabilitation grant under Section 77 (1) of the Act, his legal representatives will be entitled to receive it and will be paid the said grant.

Form I

Application

Rule 1 under sub-section (1) of Section 81 of the Madhya Pradesh

[Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950(1 of 1951)]

In the Court of the Revenue Officer at.................

Under sub-section (1) of Section 81 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951),

I, .............................son of........................resident of.............., Mahal No..................... , Patwari Circle No. .........................,tahsil/taluq................., district................., beg to apply for the determination and payment of the rehabilitation grant.

2. I hereby declare that I earn my livelihood wholly or mainly from agriculture or from rents or lease money received from agricultural land and that the land revenue payable by me for my share in the estate or mahal together with the land revenue in respect of the home-farm land left with me immediately after the date of vesting and the land revenue or rent payable on other lands held by me anywhere in the State does not exceed sixty rupees.

I further declare that no such application was or has been previously made and that I have not so far been paid any rehabilitation grant under the provisions of the Act.

3. The statement of all my property of which I have been divested and which has vested in the State is as follows-

Serial No.	Name of village, tahsil/taluq and district	Total area or extent of share	Revenue payable	Remarks
(1)	(2)	(3)	(4) Rs.	(5)

4. The details of the land left with me in the state immediately after the date of vesting are given below-

S. No.	Description of land (home-farm, malik-makbuza or tenancy land)	Name of village, tahsil/taluq and district	Land revenue or rent payable	Remarks
(1)	(2)	(3)	(4) Rs.	(5)

5. I give below the details of my income during the two years immediately preceding the year in which the date of vesting fall-

Year	Income from agricultural sources with particulars of lands from which derived	Income from other sources with particulars	Total income
(1)	(2)	(3)	(4)
	Rs.	Rs.	Rs.

6. For the purpose of determining the rehabilitation grant, the aggregate sum payable by me is as given below-

	Heads	Sum payable
		Rs.
(i)	Land revenue payable for the proprietary share in the estate, mahal, alienated village or alienated land.
(ii)	Land revenue payable on the portion of home-farm land remaining with me.
(iii)	Land revenue or rent payable on any lands held by me in the State.
		Total

7. Extracts from the following documents are enclosed :

(i) Mutation register showing the proprietary share held by me.

(ii) Jamabandi or records of rights showing the home-farm land held by me

(iii) Jamabandi or records of rights showing other lands held by me.

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

.......................... Signature of the applicant.

Verified that the contents of paragraphs..........of application are true to the personal knowledge and those in paragraphs....................upon information received and believed to be true by the undersigned.

I am/am not a member of a Joint Hindu family.

Declared at...................on......................

..................... Signature of the applicant.

Form II

Order Granting Rehabilitation Grant

[Rule 6 under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)]

The sum of Rs.................. in words (Rupees................ ) is hereby granted to.........son of............of village...............Patwari Circle No.............., tahsil/taluq..........., district...............as rehabilitation grant under Section 77 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951).

2. The amount shall be payable on or after the

(Seal of the Court)
Dated__________	Collector
Received the amount stated above.	One-anna Stamp
Dated__________	Signature of the person to whom the grant is made

(xi) Rules regarding fees for the issue or execution of process- Notification No. 71-XXVIII, dated the 3rd March, 1951. - 1. On any application or document filed in any proceeding under the Act, court-fee shall, subject to any exemption granted under Section 35 of that Act, be payable in accordance with the provisions of the Act.

2. Fees for the issue or execution of processes shall be paid as prescribed in the rules framed under clause (k)(iii) and clause (v) of sub-section (2) of Section 227 of the Central Provinces Land Revenue Act, 1917 (II of 1917), or clause (a) of sub-section (2) of Section 194 of the Berar Land Revenue Code, 1928, as the case may be.

Note. - The State Government have under Section 35 of the Court Fees Act, 1870 (VII of 1870), remitted court-fees payable on applications or documents filed in any proceedings under this Act by the proprietors entitled to compensation or rehabilitation grant (vide Law Department Notification No. 622-520-XVII-B, dated the 9th March, 1951).

(xii) Rules for the Reservation of land to ex-proprietors recorded as "Bir, Chhotaghas", etc. vesting in the State under the Act. - Notification No. 777-XXVIII, dated the 7th October, 1951. - 1. An ex-proprietor shall be entitled to apply for reservation of land for his use in accordance with the rules hereinafter laid down from out of such Bir land, Chhotaghas land, etc., which prior to the vesting thereof in the State was reserved by him for the exclusive use of his cattle.

[1-A. The land reserved under this rule shall in the Central Provinces be in the rights of an occupancy tenant, in the merged territories in the rights of a raiyot and in Berar in the rights of an occupant].

2. The area which shall be reserved to an ex-proprietor in a village shall in the Central Provinces including merged territories not exceed 10 per cent of the total area of the home-farm of which he has become malik-makbuza, occupancy tenant or raiyotand shall in Berar not exceed 10 per cent of the total area of the land of the category specified in Section 2 (g)(3)(i) held by him on the date of vesting in that village under Section 38(1), 39(1), 40, 53(1), 54 or 68(1) as the case may be :

Provided that where the fixing of the area in accordance with the limit herein laid down involves the splitting up of a survey number or a khasra number and the Collector is of the opinion that the portion in excess cannot be suitably utilised by Government, the whole survey number or the khasra number may be so reserved.

3.(1) An application for reservation of the rights of an occupancy tenant, a raiyot or an occupant, as the case may be shall be made, in From A appended to these rules, to the Collector through the Tahsildar or such other Revenue Officer as may be specified by the Collector in this behalf.

[(2) The application under sub-rule (1) shall be made on or before the 31st December, 1954],

4. On receipt of the application the Tahsildar or the Revenue Officer specified under Rule 3, shall after such enquiries as may be considered necessary by him, for the purposes of ascertaining and satisfying himself or the correctness of the applicant's claim, forward the papers to the Collector.
5. The Tahsildar or the Revenue Officer specified under Rule 3, shall for he purposes of enquiries under Rule 4, issue a proclamation in Form B appended to these rules calling on persons interested to prefer objection, if any, against the reservation of rights of an occupancy tenant, a raiyot, or an occupant, as the case may be, in such land to the applicant.
6. If the Collector finds that there is no objection to the reservation of the rights claimed by the applicant, he shall proceed to determine the area of the land in which the rights of an occupancy tenant, a raiyot or an occupant, as the case may be, should be reserved to the applicant.
7. The Collector shall determine the rent or land revenue, as the case may be, on the land reserved to the applicant.
8. The reservation of the rights shall be certified by a patta in Form C appended to these rules.

Form A

(Rule 3)

Application for the reservation of the rights of an occupancy tenant/a raiyot/an occupant in the grass land vesting in the State under Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)

To,

The Collector,

Through The Tahsildar/Revenue Officer specified under Rule 3.

Sir,

I........................,son of................ ex-proprietor of mauza.............Settlement No........., Patwari Circle No..............,Tahsil/Taluq............, beg to state that the land described below recorded as "Bir" grass, "Chhotaghas", etc., was reserved by me for my exclusive use and it has vested in the State under Section 4 (1) (a) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951) :

Name of village	Name and father's name of the applicant	Detail of land		Land revenue or rental valuation
		Khasra/Survey No. of each field	Area
(1)	(2)	(3)	(4)	(5)
			Acres	Rs.

An extract copy from the khasra for the year 1950-51 showing the lands referred to above is enclosed.

2. The details of land in the village under reference settled with me in malik-makbuza/occupancy/raiyoti/occupant's rights under Section 38 (1)/39 (l)/40/54/68 (1) of the Act are given below-

Serial No.	Khasra/Survey No. of each field	Area	Land revenue or rent fixed
(1)	(2)	(3)	(4)
		Arces	Rs.

3. I request that occupancy/raiyoti/occupant's rights may kindly be reserved to me in the land described below-

Serial No.	Khasra/Survey No. of each field	Area	Land revenue or rental valuation
(1)	(2)	(3)	(4)
		Arces	Rs.

Dated...........20..............

Signature of the applicant

Verified that the contents of paragraphs..............of the application are true to the personal knowledge and those in paragraphs.....................upon information received and believed to be true by the undersigned.

Declared at................on.............20..............

Signature of the applicant

Form B

(Rule 5)

Proclamation under Rule 5 of the rules framed under sub-section (1) of Section 91 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)

Court of the Tahsildar/Revenue Officer (specified under Rule 3)........................... Revenue Case No................ , Major/Minor head/Class................. of mouza.............., Settlement No.................,Patwari Circle No..............Tahsil/Taluq................,has made an application under Rule 3 of the rules framed under Section 91 (1) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (1) of 1951), for the reservation of the rights of an occupancy tenant/a raiyot/an occupant in respect of grass land described in the Schedule below.

All persons interested are hereby informed that the undersigned will examine the application in his Court room at o'clock on the . Any person who has any objection to prefer should do so then-

Schedule

Name of village, settlement No. and tahsil/taluq	Details of land
	Khasra/Survey No.	Area	Land revenue or rental valuation
(1)	(2)	(3)	(4)
		Acres	Rs.

Seal of the Court

Dated........... 20.............

Tahsildar/Revenue Officer

Form C

(Rule 8)

Patta under Rule 8 of the rules framed under Section 91 (1) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951)

This is to certify that under Rule 8 of the rules framed under Section 91 (1) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951), in Revenue Case No.................Major/Minor head/Class................ of the Court of........., dated the.......... 20..........,the rights of an occupancy tenant/a raiyot/an occupant have been reserved to.............,son of............., resident of............., tahsil/taluq............,District..............,in respect of the grass land situated in mauza........settlement No. ............., Patwari Circle No. ............., tashil/taluq..........., district..........as detailed below-

Khasra/Survey No.	Area	Land revenue or rental valuation
(1)	(2)	(3)
	Acres	Rs.

Dated.......... 20............

Collector

Schedule I

[See Section 8 (1)]

Rules for the Determination of Compensation

1. In these rules the expression "previous agricultural year" means the agricultural year preceding the agricultural year in which the date of vesting falls.
2. (1) The gross income of an estate or mahal in the Central Provinces shall be calculated by adding the amount of income received by a proprietor under the following heads, namely-

(a) the aggregate of the rents receivable from tenants in an estate or mahals, as recorded in the Jamabandi for the previous agricultural year;

(b) Siwai income that is income from various sources such as jalkar, bankar, phalkar, hats, bazars, melas, grazing and village forest calculated at two times the siwai income recorded in the current settlement;

(c) consent money on transfer of tenancy lands-the average annual income calculated at the rate permissible under Section 6-A of Section 12-A, as the case may be, of the Central Provinces Tenancy Act, 1920, on transactions recorded in the village papers for ten years preceding the agricultural year in which the date of vesting falls.

(2) The net income of an estate or mahal in the Central Provinces shall be calculated by deducting from the gross income the sums under the following heads, namely-

(a) the sum assessed as land revenue on an estate or mahal in the previous agricultural year less that part of the rental value of the home-farm land which bears the same proportion to the rental value as the amount of land revenue assessed on the estate or mahal bears to the malguzari assets;

(b) sums found payable during the previous agricultural year by a proprietor on account of cesses and local rates on all lands in the estate or mahal other than lands comprised in his homefarm;

(c) the average of the income-tax paid in respect of the income received from big forest during the period of thirty agricultural years preceding the agricultural year in which the relevant date falls;

(d) Cost of management at the rate of-

(i) eight percent, in the case of gross annual income not exceeding rupees two thousand in respect of mahals;

(ii) ten percent, in the case of gross annual income exceeding rupees two thousand in respect of mahals;

(iii) ten percent in the case of gross annual income exceeding rupees two thousand but not exceeding rupees fifteen thousand in respect of estates.