Rules under the M.P. Ceiling on Agricultural Holdings Act, 1960

Rules under the M.P. Ceiling on Agricultural Holdings Act, 1960

Published vide Notification No. 2949-545/28-62, Madhya Pradesh Rajpatra, Part 4 (Ga) dated 26-10-1962 at p. 788

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Notification No. 2949-545/XXVIII-62, published in M.P. Rajpatra, Part IV (Ga) dated 26-10-1962 at p. 788. - In exercise of the powers conferred by clause (b) of sub-section (2) of Section 50 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 50 of the said Act, namely :

  1. Definition.- In these rules, "the Act" means the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960).
  2. Issue of notice.- (1) Every notice under the Act shall be in writing, in duplicate and shall be signed and sealed by the officer issuing it or by such person as he empowers in this behalf, and it shall specify the time and place at which the person therein named is required to attend, and also whether he is required to give evidence or to produce a document.

(2) A notice to produce documents may be for the production of certain specified documents or for production of all documents of certain description in the possession or power of person named therein.

  1. Service of notice.- (1) Every notice under the Act shall be served by tendering or delivering a copy of it to the person concerned personally or to his recognised agent :

Provided that, where the recognised agent of the person concerned is a pleader, the notice may be served by leaving a copy thereof at his office or at the place of his ordinary residence and such service shall be deemed to be effectual as service on the recognised agent personally.

(2) Where the person concerned cannot be found and has no recognised agent, service may be made on any adult male member of the family of the person concerned, who is residing with him.

Explanation. - A servant is not a member of the family within the meaning of this sub-rule.

(3) Where the serving officer delivers or tenders a copy of the notice to the person concerned personally or to an agent or other person on his behalf, he shall require the signature of the person, to whom the copy is delivered or tendered to an acknowledgment of service endorsed on the original notice.

(4) If service of the notice cannot be effected in the manner provided in sub-rules (1), (2) and (3) a copy thereof may be affixed at the last known place of residence of the person concerned or at some place of public resort in the village in which the land to which the notice relates is situate or from which the land is cultivated.

(5) Where a copy of the notice is affixed as provided in sub-rule (4), the serving officer shall return the original copy of the notice to the-officer who issued it with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, the name and address of the person in whose presence the copy was affixed and where the copy is affixed at the last known place of residence of the person noticed, the report shall also contain the name of the person by whom the house was identified.

(6) If the person to whom a notice is to be served resides in another district, the notice may be sent by post to the Collector of such district for service.

  1. Contents of order.- Every order under the Act shall be in writing and contain a concise statement of the case, the points for decision, the decision thereon and the reasons for such decision.
  2. Final order.- No final order shall be passed to the detriment of any person without giving him an opportunity to be heard and hearing him if he so desires and where the conflicting rights and interests of two parties are concerned, they shall both be given such an opportunity.
  3. Delivery and communication of order.- Subject to the provisions of the Act, the following procedure shall be followed by a Revenue Officer and competent authority in respect of passing orders under the Act;

(1) (a) After arguments are heard, a definite date may be fixed if possible, for passing of the order, and signature of parties or counsel shall be taken on the order-sheet in token of their having been informed of the date.

(b) On the date so fixed, the order shall be delivered. If parties or counsel are present, their presence shall be recorded. If they are absent, the order sheet should indicate their absence in spite of having been intimated of the date of the order and no further communication of the order to the parties shall be necessary.

(2) (a) In case where it is not possible to fix a definite date for passing of the order, the case may be closed for orders after argument.

(b) When the order is ready for delivery, intimation in the following form, in duplicate shall be served on counsel where they appear or on parties where there is no counsel :

"Order in case No of 20 will be passed on of 20...."

One copy of the form shall be returned after signature by Counsel or parties, as the case may be.

(c) On the date fixed for delivery of the order in the notice, the presiding officer shall proceed to sign and deliver the order. If counsel or parties are present, their presence shall be recorded; if they are absent, their absence, in spite of notice having been duly communicated, shall also be recorded and no further communication of the order to the parties shall be necessary.

(3) In either of the cases, referred to in sub-rules (1) and (2), the order shall be delivered on the date fixed. If, however, this is not possible for any reason a fresh date shall be fixed, and notice thereof shall be given to the parties or their counsel.

(4) No order shall be delivered in any case, unless the acknowledgment by counsel or parties of the notice fixing a date is on record. The date fixed for passing of the order shall accordingly be determined, having due regard to the time required for return of the notice.

  1. Enforcement of the order.- An order under the Act shall be enforced in the manner provided for the enforcement of the order of the Revenue Officers and Revenue Courts in or under the Madhya Pradesh Land Revenue Code, 1959.

Rules

Notification No. 2950-756/XXVIII-62, published in M.P. Rajpatra, Part IV (Ga), dated 26-10-1962 at p. 790, as amended by Notification No. 1085-1471-XVIII-74, dated 3-7-1974, published in M.P. Rajpatra (Asadharan), dated 6-7-1974, p. 1430. - In exercise of the powers conferred by clause (i) of sub-section (2) of Section 50 read with section 43 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 50 of the said Act, namely :

  1. Definition.- In these rules,-

(a) "Act" means the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960);

(b) "Section" means a section of the Act.

  1. Court-fee.- Every application or memorandum of appeal or an application for revision under the Act shall bear a Court-fee stamp of the value specified in the Schedule appended to these rules.

Schedule

Serial No. Application, Memorandum of appeal or application for revision Authority to whom such application or appeal or revision would lie Value of Court-fee stamps
(1) (2) (3) (4)
Rs.
1. Omitted.
2. Omitted under clause (g) of Section 3
3. Omitted. Application for approval of matter of animal husbandry under clause (j) of Section 3.
4. Omitted.
5. Application by a Co-operative Society for approval thereof under clause (g) of Section 3. Government 2.60
6. Memorandum of appeal against an order declaring a transfer void under sub-section (3) of Section 4. Board of Revenue 5.00
7. Memorandum of application for permission to transfer or sub-divide land under sub-section (1) of Section 5. Collector 1.00
8. Omitted.
9. Application under Section 23. Competent Authority
(1) Sub-Divisional Officer; Collector 1.00
(2) Commissioner or Settlement Commissioner 2.00
10. Memorandum of appeal against the determination etc. of debt to
(i) District Judge District Judge 2.00
(ii) High Court under Section 33 High Court 5.30
11. Application for delivery of possession of land under Section 40 Competent Authority
(1) Sub-Divisional Officer, Collector 1.00
(2) Commissioner, Settlement Commissioner 2.00
12. Memorandum of appeal under Section 41 Competent Authority
(1) Collector 2.00
(2) Commissioner 3.00
(3) Board of Revenue 5.00
13. Application for Revision under Section 42 (1) Commissioner 3.00
(2) Board of Revenue 5.00

Rules

Notification No. 3281-533-XXVIII-62, published in M.P. Rajpatra, Part IV (Ga) dated 30-11-1962, p. 807. - In exercise of the powers conferred by clause (g) of sub-section (2) of Section 50 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of the said section, namely :

  1. Definition.- In these rules, "the Act", means the Madhya Pradesh Ceiling of Agricultural Holdings Act, 1960 (No. 20 of 1960).
  2. Appeal to be preferred in the form of a memorandum.- Every appeal under Section 41 of the Act shall be preferred in the form of a memorandum, signed and dated by the appellant or his recognised agent or his pleader or if the petitioner is illiterate bearing his thumb-mark attested by the signature of one literate person.
  3. Appeal to be accompanied by a certified copy of the order, etc.- Every appeal shall be accompanied by a certified copy of the order appealed against. Where such order is not complete in itself and refers, for its reason, to or is otherwise founded on some other report or order a certified copy of such report or order shall also be filed along with that order itself.
  4. Stay of execution of an order.- A prayer to stay of execution of an order shall not be embodied in memorandum of appeal but shall be made by a separate application. Such application shall state whether an application for stay of execution of the order was made to the lower Court and if so with what reason.
  5. Presentation of appeal.- (1) An appeal shall be presented in person by the appellant or by his pleader or duly authorised agent to the appellate authority or sent to it by registered post.

(2) When such appeal is presented by a pleader or an agent, it shall be accompanied by a letter of authority authorising him as such.

  1. Endorsement on appeal.- On receipt of an appeal, the Officer receiving it, shall endorse on it the date of its receipt and the name of the person presenting it.

Madhya Pradesh Ceiling On Agricultural Holdings Rules, 1963

Notification No. 4455-XXVIII-63, dated 13-11-1963, published in M P Rajpatra, Part IV (Ga), dated 15-11-1963, p. 823. - In exercise of the powers conferred by sub-section (2) and clauses (e) and (f) of sub-section (2) of Section 50 read with Section 9, sub-section (1) of Section 10 and Section 11 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960), the State Government hereby makes the following rules the same having been previously published as required by sub-section (3) of Section 50 of the said Act, namely :

As amended subsequently by-

  1. M.P. Rajpatra Extraordinary, dated 6-7-1974, pp. 1439-44.
  2. M.P. Rajpatra Part IV (Ga), dated 24-1-1975, p. 38.
  3. Definitions.- In these rules, unless the context otherwise requires-

(a) "Act" means the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. XX of 1960);

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

(c) "Return" means a return referred to in Section 9;

(d) "Section" means a section of the Act.

  1. Form of return and additional information to be contained therein.- (1) The return shall be in Form A and shall, in addition to e information, specified in clauses (i) to (vi) of Section 9 contain the following additional information, namely :

(i) Land for which the holder claims exception.

(ii) [xxx]

  1. Manner of submission of return.- The return may be submitted by the holder in person or by his agent or by a legal practitioner duly authorised by him or by his agent in writing in this behalf or sent by registered post acknowledgment due.
  2. Form of notice and manner of service thereof.- (1) The notice under sub-section (1) of Section 10 shall be in Form B.

(2) The notice shall be served in the manner provided in Rules 11 to 16 of the rules of procedure of Revenue Officers and Revenue Courts contained in Schedule I to the Madhya Pradesh Land Revenue Code, 1959 (XX of 1959).

  1. Manner to obtain necessary information in case of non-submission of returns in pursuance of notice.- If the return is not submitted within the period specified in the notice served under sub-section (1) of Section 10, the competent authority may obtained the necessary information m Parts I to VA of Form A along with the copies of records of rights, Khasra and Jamabandi B-1 in the following manner, namely :

(a) If the land is situated in any one or more tahsils of the same sub-division through the Tahsildars concerned;

(b) If the land is situated in more than one sub-divisions of the same district, through the Sub-Divisional Officers concerned;

(c) If the land is situated in more than one district of the same Division, through the Collector concerned; and

[(d) If the land is situated in more than one Division through the Collector of the District in which the land of the holder is situated.]

  1. Draft statement.- (1) The draft statement mentioned in sub-section (1) of Section 11 shall be prepared in Form C.

(2) The draft statement shall in addition to the particulars specified in clauses (i) to (v) of sub-section (1) of Section 11, contain the following particulars, namely-

(i) description of land excepted from the provisions of the Act.

(3) That draft statement shall along with a notice in Form D be served on the holder or holders concerned, the creditors and all other persons interested in the land to which it relates in the manner provided for serving notice in Rules 11 to 16 of the rules of procedure of Revenue Officers and Revenue Courts contained in Schedule I to the Madhya Pradesh Land Revenue Code, 1959 (No. XX of 1959).

  1. Entry under sub-section (2) of Section 11.- (1) If on the application of any person or otherwise, it comes to the notice of the Competent Authority that any land has been transferred or sub-divided by any holder in contravention of the provisions of sub-section (1) of Section 5 he said authority shall cause a notice in Form E to be served upon the transferor of such land and in Form F upon the transferee or the other party to the transfer or sub-division as the case may be, calling upon them to show cause why the transfer or sub-division should not be declared to be in contravention of the provisions of sub-section (1) of Section 5.

(2) On the date fixed for hearing or any date to which the hearing may be adjourned, the Competent Authority shall examine the parties and after recording the statements of any witnesses whom they may produce and after making such enquiry as it may consider necessary, shall record a finding whether or not the transfer or sub-division was in contravention of sub-section (1) of Section 5. If the finding is that the transfer or sub-division was not in contravention of the said sub-section the competent authority shall proceed to prepare the draft statement under Section 11 accordingly If the competent authority has recorded a finding that the transferor or sub-division was in contravention of sub-section (1) of Section 5, the transferor shall under sub-section (2) of Section 11 be deemed to be the holder of land in question.

  1. Places where statement shall be published.- Under sub-section (3) of Section 11, the draft statement shall be published at the offices of the competent authority, tahsildar and at convenient places in the village or villages in which the land, in respect of which such statement has been prepared is situate.
  2. Manner of publication of statement.- The draft statement referred to in sub-sect,on (3) of Section 11 and the final statement referred to in sub-section (6, of the said section shall be published in the manner provided for issuing proclamation in Rule 17 of the rules of procedure of Revenue Officers and Revenue Courts contained in Schedule I to the Madhya Pradesh Land Revenue Code, 1959 (No. XX of 1959).
  3. Form of final statement.- The final statement referred to in sub-section (6) of Section 11 shall be in Form G.

Form A

[See sub-rule (1) of Rule 2]

Return showing details of lands

Before the...............at.............

I son of............................ resident of .... PC. No.................Tahsil district.........................beg to submit the return of all land held by [me/my family on the 7th March, 1974] in the State of Madhya Pradesh for the determination of land in excess of the ceiling area and assessment of compensation payable to me in respect of lands in excess of the ceiling limit:-

Part I-Details of Land

District Tahsil Village with P.C. No. No. of each survey No./ Plot No. Area of Khasra or Plot No. of col. (4) Land Revenue Right Remarks
Area [Area having assured or irrigation or assured private irrigation for two crops of column (4)] [Area having assured or irrigation or assured private irrigation for two crops of column (4)]
1 2 3 4 5 6 7 8 9 10

Part II-Encumbrances

District Tahsil Village with P.C. No. Details of lands encumbered Monetary extent to which encumbered Details of Mortgage deed etc. Remarks
S. No./Plot No. Area Land Revenue Name and address of the creditor
1 2 3 4 6 7 8 9 10

Part III-Showing particulars of transfers, partitions of land effected after the publication of the Madhya Pradesh Ceiling on Agricultural Holdings Bill 1959 (No. 26 of 1959) i.e. the 14th September, 1959 [and before the 1st January, 1971]

Details of land transferred/partitioned

District Tahsil Village with P.C. No. S.No./ Plot No. Area of Khasra or Plot No. of col. (4)
Area [Area having assured or irrigation or assured private irrigation for two crops of column (4)] [Area having assured or irrigation or assured private irrigation for two crops of column (4)]
1 2 3 4 5 6 7

 

Land Revenue Name and address of transferee Consideration for which transferred Details of transfer i.e. sale gist, etc. whether by registered document or unregistered document Reference to document under which transferred Date of transfer
8 9 10 11 12 13

 

Name and address of the person in whose favour partitioned The extent of area transferred as a result of partition Relationship if any with the holder Date of partition Reference to document under which partitioned, whether by registered document or unregistered document Remarks
14 15 16 17 18 19

[Part III-A-Showing particulars of transfers, partitions of land effected on or after the 1st January, 1971 and before the 7th March, 1974]

Details of land transferred/partitioned

District Tahsil Village with P.C. No. S.No./ Plot No. Area of Khasra or Plot No. of col. (4)
Area [Area having assured or irrigation or assured private irrigation for two crops of column (4)] [Area having assured or irrigation or assured private irrigation for two crops of column (4)]
1 2 3 4 5 6 7

 

Land Revenue Name and address of transferee Consideration for which transferred Details of transfer i.e. sale gist, etc. whether by registered document or unregistered document Reference to document under which transferred Date of transfer
8 9 10 11 12 13

 

Name and address of the person in whose favour partitioned The extent of area transferred as a result of partition Relationship if any with the holder Date of partition Reference to document under which partitioned, whether by registered document or unregistered document Remarks
14 15 16 17 18 19

Part IV-Particulars of pending litigation

Particulars of land under litigation

District Tahsil Village with P.C. No. S.No./Plot No. Area Land Revenue Civil Suit No/Rev. Case No./Criminal Case No. under Section 145, Cr.P.C. Name of Court Brief nature of irrigation
(1) (2) (3) (4) (5) (6) (7) (8) (9)

[Part V-Particulars regarding member of the family, referred to in sub-section (1) of Section 7 of the Act].

Full names, ages and addresses of members of the family His/her relation with the holder Particulars of land held by each Member of the family
District Tahsil Village with P.C. No. S.No./Plot No.
(1) (2) (3) (4) (5) (6)

 

Area Area or Khasra or Plot No. of column (6) Land Revenue Remarks
Area having assured irrigation or assured private irrigation for two crops Area having assured irrigation or assured private irrigation for one crop
(7) (8) (9) (10) (11)

[Part V-A-Particulars regarding major sons of the holder referred to in sub-section (2) of Section 7 of the Act].

Full names, ages and addresses of each major son Particulars of land held by each Member of the family
District Tahsil Village with P.C. No. S.No./Plot No.
(1) (2) (3) (4) (5)

 

Area Area or Khasra or Plot No. of column (5) Land Revenue Remarks
Area having assured irrigation or assured private irrigation for two crops Area having assured irrigation or assured private irrigation for one crop
(6) (7) (8) (9) (10)

[Part VI-Description of land which the holder desires to retain]

District Tahsil Village with P.C. No. S. No./ Plot No. Area of Khasra or Plot No. of col. (4) Land Revenue Remarks
Area [Area having assured or irrigation or assured private irrigation for two crops] [Area having assured or irrigation or assured private irrigation for one crops]
1 2 3 4 5 6 7 8 9

Part VII-Particulars of land for which exemption is claimed.

District Tahsil Village with P.C. No. S.No./Plot No. Area Land Revenue Provision of Law under which exemption is claimed Details in respect of entries in col. (7) Remarks
(1) (2) (3) (4) (5) (6) (7) (8) (9)

Part VIII-Any other information which the holder wants to furnish relevant to the case

List of enclosures 1
2
3
4
5

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

Signature of applicant (Holders)

Form B

[See sub-rule (1) of Rule 4]

Notice

Before the ... at Revenue Case No of 20.................. In this case of....

To

..........son of......... resident of village............................Tahsil..................District............

Whereas in pursuance of Section 9 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of I960), you were required to submit a return in respect of all land held by you on the [7th March, 1974], including exempted land within a period of three months from the appointed day [7th March, 1974];

And whereas you have failed to submit the said return within the said period;

Now, therefore, you are hereby required to submit the said return within a period of fifteen days from the date of service of this notice on you failing which action under [Section 37-A] of the said Act will be taken.

Seal of the Court/Office.

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

Competent Authority

Form C

[See sub-rule (1) of Rule 6]

Draft statement under sub-section (1) of Section 11 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 in respect of Shri son of.................. resident of........... Tahsil District..............holding land in excess of the ceiling area

[Name and address of the holder and if holder is a member of a family, names, addresses and age of the members of the family, including major son if any] Particulars of land held within the State
District Tahsil Village with P.C. No. S.No./Plot No. Area of Khasra or plot No. of col. (4)
Area [Area having assured irrigation or assured private irrigation for two crops] [Area having assured irrigation or assured private irrigation for one crop]
(1) (2) (3) (4) (5) (6) (7) (8)

Description of land exempted from the provisions of the Act

Land Revenue Total area of land which the holder is entitled to hold District Tahsil Village with P.C. No. S.No./Plot No. Area Land Revenue
(9) (10) (11) (12) (13) (14) (15) (16)

 

District Tahsil Village with P.C. No. S.No./Plot No. Area Land Revenue District Tahsil
(17) (18) (19) (20) (21) (22) (23) (24)

Land which is proposed to be declared surplus

Description of the land which the holder desires to retain

Village with P.C. No. S.No./Plot No. Area or Khasra or Plot No. of col. (26) Land Revenue Remarks
Area [Area having assured irrigation or assured private irrigation for two crops] [Area having assured irrigation or assured private irrigation for one crop]
(25) (26) (27) (28) (29) (30) (31)

 

Seal of the Court/Office ---------------------
Dated........20.... Competent Authority

Form D

[See sub-rule (3) of Rule 6]

Draft statement of land vesting in the State

Notice is hereby given that on the basis of the information given in the return under Section 9 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 by the holder Shri son of resident of village Tahsil District....................or on the information obtained by me under Section 10 of the said Act and after making such enquiry as was necessary, I have prepared a draft statement appended herewith in respect of the said Shri holding land in excess of the ceiling area.

Any objection to the said draft statement which may be received from any person interested in the land in question within thirty days of the publication of the said draft will be considered by the undersigned.

Seal of the Court/Office .....................

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

............................... Competent Authority

Form E

[See sub-rule (1) of Rule 7]

Notice to holder making transfer or sub-division

Before the............ at............In case of..........Revenue case

No................

To

Shri son of. resident of................Tahsil.............District............

Whereas it has come to my notice that you have transferred or sub-divided the land described in the Schedule below in contravention of the provisions of sub-section (1) of Section 5 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960.

Now, therefore, you are hereby informed that you should appear either personally or through a pleader or agent at.................. on..............day.............. of 20.... and show cause why the said transfer or sub-division should not be declared to be in contravention of the provisions of sub-section (1) of Section 5 of the said Act.

Seal of the Court/Office ..........................

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

........................................ Competent Authority

Schedule

District Tahsil Village with P.C. No. S.No./Plot No. Area Right Land Revenue
(1) (2) (3) (4) (5) (6) (7)
 

Form F

[See sub-rule (1) of rule 7]

Notice to transferee/other party to the transfer or sub-division

Before the............. at.............

In the case of.........................

To

Shri............................ son of............................ resident of.......................Tahsil......................District....................

Whereas it has come to my notice that.................... son of.................... resident of....................Tahsil....................District....................has transferred or sub-divided the land described in the Schedule below in contravention of the provisions of sub-section (1) of Section 5 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 in your favour;

Now, therefore, you are hereby informed that you should appear either personally or through a pleader or agent at on day of...20.... and show cause why the said transfer or sub-divisions should not be declared to be in contravention of the provisions of sub-section (1) of Section 5 of the said Act.

Seal of the Court/Office

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

...................................... Competent Authority

Schedule

District Tahsil Village with P.C. No. S.No./Plot No. Area Right Land Revenue
(1) (2) (3) (4) (5) (6) (7)
 

Form G

(See Rule 10)

Final statement under sub-section (6) of Section 11 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 in respect of Shri......... son of resident of Tahsil District holding land in excess of the ceiling area.

Particulars of land held by him

[Name and address of the holder and if holder is a member of a family, names, addresses and age of the members of the family, including major son if any] Particulars of land held within the State
District Tahsil Village with P.C. No. S.No./Plot No. Area of Khasra or plot No. of col. (5)
Area [Area having assured irrigation or assured private irrigation for two crops] [Area having assured irrigation or assured private irrigation for one crop]
(1) (2) (3) (4) (5) (6) (7) (8)

Description of land exempted from the provisions of the Act

District Tahsil Village with P.C. No. S.No./Plot No. Area Right Land Revenue
(1) (2) (3) (4) (5) (6) (7)
 

Particulars of land to be retained by him

District Tahsil Village with P.C. No. S. No./ Plot No. Area of Khasra or Plot No. of col. (21) Right Land Revenue
Area [Area having assured or irrigation or assured private irrigation for two crops] [Area having assured or irrigation or assured private irrigation for one crops]
(18) (19) (20) (21) (22) (23) (24) (25) (26)

Land declared to be surplus and vesting in the State

District Tahsil Village with P.C. No. S. No./ Plot No. Area of Khasra or Plot No. of col. (30) Land Revenue Remarks
Area Dry Area Irrigated area
(1) (2 (3) (4) (5) (6) (7) (8) (9)

 

Seal of the Court/Office ............................
Dated........20........ Competent Authority

Rules

Notification. No. 1037-978-XXVIII-64, published in M.P. Rajpatra, Part IV (Ga), dated 10-4-1964, p. 95. - In exercise of the powers conferred by sub-section (1) and clause (i) of sub-section (2) of Section 50 read with clause (i) of Section 3 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. XX of I960), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 50 of the said Act, namely ;

For the purposes of clause (i) of Section 3 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. XX of 1960), the compact block of land used for orchard or mango grove shall not be less than 5 acres.

Rules

Notification No. 3297-4316-XXVIII-63, published in M.P. Rajpatra, Part IV (Ga), dated 6-12-1963, p. 869. - In exercise of the powers conferred by sub-section (1) and clause (i) of sub-section (2) of Section 50 read with Section 28 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. XX of 1960), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 50 of the said Act, namely :

In settling the order of priority under Section 28 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, I960, in which each creditor shall be entitled to receive the amount due to him, the competent authority shall, as far as may be guided by the appropriate provisions of the Transfer of Property Act, 1882 (No. IV of 1882).

Rules

Notification No. 1830-5030-XXVIII-63, published in M.P. Rajpatra, Part IV (Ga), dated 6-12-1963, p. 869. - In exercise of the powers conferred by sub-section (1) and clause (i) of sub-section (2) of Section 50 read with Sections 23, 24 and 25 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. XX of 1960), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 50 of the said Act, namely :

  1. Definitions.- In these rules unless the context otherwise requires-

(a) "Act" means the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. XX of 1960);

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

(c) "Section" means a section of the Act.

  1. Particulars to be mentioned in the application.- In addition to the particulars mentioned in sub-section (1) of Section 23, the application under the sub-section shall contain the following particulars, namely

(a) details of land encumbered;

(b) details of suit, if any, pending in any Court against the holder for the recovery of the outstanding amount of debt and interest.

  1. Form of application.- Every application under sub-section (1) of Section 23 shall be in Form I.
  2. Form of Notice.- Notice to the Court to be issued under Section 24 shall be in Form II.
  3. Notice under sub-section (1) of Section 25.- Notice to be served on the holder under sub-section (1) of Section 25 shall be in Form III.
  4. Notice for affixing a copy of the application and the return.- Copy of the application received under sub-section (1) of Section 23 and a copy of the return filed under Section 9 shall be affixed as required by the said sub-section with a notice in Form IV.
  5. Notice under sub-section (2) of Section 25.- Notice to be issued to the creditor under sub-section (2) of Section 25 shall be in Form V.
  6. Notice to the creditor who has filed an application under Section 23.- A notice to every creditor who has filed an application under Section 23 shall, for the purpose of sub-section (3) of Section 25 be in Form VI.

Form 1

[See Rule 3]

Application

In the Court of (Name) Shri................................................ (Designation)................Competent Authority at............

Under sub-section (1) of Section 23 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960.

I,..................................son....................................of..................................resident of..................................... PC. No Tahsil.............. District.........beg to apply under sub-section (1) of Section 23 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, for determination, between myself as creditor and the land holder Shri............son of............resident of........ P.C. No............. Tahsil................ District............ of the secured debts which I have advanced and the lands which have now been declared as surplus under Section 11 (6) of the Act as per order of this Court passed on ..............in Revenue Case............No.......... of village........ P.C. No Tahsil District.

Name and full address of the debtor (Land holder) Amount of Secured debts Rate of interest charged The date on which the debt was advanced Details of land encumbered
Name of village P.C. No. Tahsil & district Survey No. Area Land Revenue
(1) (2) (3) (4) (5) (6) (7) (8)
 

 

Details of mortgage deed etc. with date of its execution Principal amount paid till the date of filing of the application with date(s) of payment Interest paid with date(s) of payment Balance of principal to be paid Whether any suit is pending against the holder for the recovery of the outstanding amount of debt and interest. If so, name of the Court and Case No. Remarks
(9) (10) (11) (12) (14) (15)
 

Dated.

........................... Signature of the Applicant (Creditor)

Notes-(1) In column (1) should be mentioned the name of all the debtors along with that of land holder if the particular debt was taken by several persons jointly.

(2) In remarks column mention should be made if similar statement has been filed before any other competent authority against any other person named in column (1).

(3) If the debt has been renewed, from time to time, the fact together with the dates of renewal should be mentioned in the remarks column.

Form II

[See Rule 5]

Notice

In the Court of (Name) Shri........................(Designation)........... Competent Authority at.......................Revenue Case No........... Major/Minor Head.................

To

Notice is hereby given that an application has been filed in this Court on this day of.......20........... by Shri...........son of.........of village............P.C. No........................... Tahsil........... District..................(creditor) for the determination of the secured debts against Shri.................... Tahsil (Land holder) of village .....................P.C. No............Tahsil.............. District............. which includes a debt of Rs for the recovery of which proceedings are pending vide Case No of your Court.

Seal of the Court.

Dated.........

...................... Signature of the Competent Authority

Form III

[See Rule 5]

In the Court of Shri........................(Designation)............Competent Authority at.................

Revenue Case Np................. Major/Minor Head................

To.

...............................................son of.....................profession................................. Resident of.........P.C. No Tahsil.................District........

Whereas ................ son of.................... of ............ Tahsil.... ...........District .................Creditor has submitted an application under sub-section (1) of Section 23 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 for the determination of his secured debts, a copy whereof is enclosed herewith;

Now, therefore, you are required to appear either personally or through a pleader or authorised agent on the day of 20 the date fixed for hearing of this case and state your objections, if any, to the claim made in the said application, on that date failing which the case will proceed as if there are no objections thereto.

Issued this...................day of..............................20... under hand and seal of the Court.

........................ Signature of the Competent Authority

Form IV

[See Rule 6]

In the Court of Shri (Designation)..............................Competent Authority at.............

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

To

All whom it may concern.

Application(s) received under Section 23 (1) of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 from the creditor(s) and return received from the holder under Section 9, ibid details of which are given below, are exhibited on the notice board of this office for general information; Particulars of application and return :

1.................................................

2.................................................

3.................................................

4.................................................

5.................................................

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

Seal of the Court

............................ Signature of the Competent Authority

Form V

[See Rule 7]

In the Court of Shri..................(Designation)........................... Competent Authority at..............

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

To,

...............son.........................of................... profession................ Resident of............. p.C. No.................Tahsil .......District ............

Whereas ............... son of........... of Village.................. P.C No..........................Tahsil............. District...........

Whereas debtor (holder of the surplus land) has submitted a return under Section 9 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, I960, in respect of the secured debts on his land as per copy of the return enclosed in which you have been shown as one of the creditors to whom the said debtor is indebted.

Now, therefore, you are hereby required to submit to this Court on or before.............a written statement of all claims due to you from the said debtor duly signed and verified in the manner prescribed by Rule 15 of Order VI of the Code of Civil Procedure, 1908 (V of 1908).

The hearing of the case in fixed for............... at 11 A.M. at....when you should appear before the Court either personally or through a pleader or authorised agent, failing which the case will be heard ex parteagainst you

Issued this day of 20....under hand and seal of the undersigned.

Seal of the Court

................. Signature of the Competent Authority.

Form VI

[See Rule 8]

In the Court of Shri..................(Designation).............. Competent Authority at.............

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

To,

...............son of.......................profession.... Resident of............. P.C. No.................Tahsil............... District..........................

Whereas you have submitted an application to this Court under Section 23 (1) of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, for determination of your debts, due against Shri.................son of.............resident of................... P.C. No.................... Tahsil................ District...........

Now, therefore, you are hereby required to submit to this Court on or before........a written statement of all claims due to you from the said debtor duly signed and verified in the manner prescribed by Rule 15 of Order VI of the Code of Civil Procedure, 1908 (V of 1908).

The hearing of the case is fixed for.......at 11 A.M. at....when you should appear before the Court either personally, or through a pleader or authorised agent, failing which the case will be heard e.x parteagainst you.

Issue this...........day of 20..., under hand and seal of the undersigned.

Seal of the Court

............................... Signature of the Competent Authority

Rules

Notification No. 1856-4318-XXVIII-63, published in M.P. Rajpatra, Part IV (Ga), dated 10-7-1964, p. 272. - In exercise of the powers conferred by sub-section (1) of Section 50 read with Section 4 of the Madhya Pradesh Ceiling on Agricultural Holdings Act 1960 (No. 20 of 1960), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 50 of the said Act, namely :

  1. Definition.- In these rules, unless the context otherwise requires-

(a) "Act" means the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. XX of 1960);

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

(c) "Section" means a section of the Act.

  1. Notice under sub-section (1) of Section 4.- If, on the application of any person or otherwise, it comes to the notice of the competent authority that after the [1st January, 1971 but before the appointed day]any holder has transferred any land held by him, by way of sale, gift, exchange or otherwise has effected the partition of his holdings or part thereof, the competent authority shall cause a notice in Form A to be served upon the holder and a notice in Form B to be served upon other persons affected by such transfer or partition calling upon them to show cause why the transfer or partition should not be declared void.

Form A

[See sub-rule (2)]

Notice to the holder who has transferred any land by way of sale, gift, exchange or otherwise or has effected partition

Before the...............at................. in the case of........

Revenue Case No..............

To

................ son of................ resident of..............Tahsil.............District ...............

Whereas it has come to my notice that you have transferred the land held by you, by way of *sale, gift, exchange or otherwise or have effected a *partition of your holding or part thereof as per details given in the Schedule below in anticipation of and to defeat the provisions of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960;

Now, therefore, you are hereby informed that you should appear before me either personally or through a pleader or agent at ................................on

.............day of..................20....and show cause why the said *transfer or partition should not be declared void under sub-section (1) of Section 4 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960

*Strike off whichever is not applicable.

Seal of the Court

.......................... Signature of the Competent Authority

Schedule

District Tahsil Village with P.C. No. Survey No./Plot No. Area Right Land Revenue Name of transferee
(1) (2) (3) (4) (5) (6) (7) (8)

Form B

[See Rule 2]

Notice to persons affected by transfer of any land or partition of any holding or part thereof.

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

To

..............son of ............... resident of.............. Tahsil.............District.............

Whereas it has come to my notice that................ son................. of........................................resident of...................... Tahsil................. District..................... has transferred* the land held by him, by way of *sale, gift, exchange or otherwise or has effected a *partition of his holding or part thereof as per details given in the Schedule below in your favour or in favour of Shri......................son of.................. resident of.................Tahsil....................in anticipation of and to defeat the provisions of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960;

Now, therefore, you are hereby informed that you should appear before me either personally or through a pleader or agent at ......on....... day of....20...and show cause why the said *transfer or partition should not be declared void under sub-section (1) of Section 4 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960.

*Strike off whichever is not applicable.

Dated.........

.......................... Signature of the Competent Authority

Schedule

District Tahsil Village with P.C. No. S.No./Plot No. Area Right Land Revenue
(1) (2) (3) (4) (5) (6) (7)
 

Rules

Notification No. 3129-4320-XXVIII-63, published in M.P. Rajpatra, Part IV (Ga), dated 13-11-1964, p. 689, as amended by M.P. Rajpatra, (Extraordinary), dated 6-7-1974, pages 1448-49. - In exercise of the powers conferred by sub-section (1) and clause (h) of sub-section (2) of Section 50 read with Section 35 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. XX of 1960), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 50 of the said Act, namely:-

  1. In these rules-

(a) "Act" means the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. XX of 1960);

(b) "Form" means form appended to these rules;

(c) "Section" means a section of the Act.

  1. As soon as the Competent Authority has published the final statement under sub-section (6) of Section 11, it shall prepare a statement in Form I, giving particulars of all surplus land vested in the State Government situated in each village and send it in duplicate to the Tahsildar,concerned.
  2. On the receipt of the Statement in Form I, in the Tahsil Office, the Tahsildar shall forward the duplicate copy to the Patwari concerned through the Revenue Inspector with directions to carry out the necessary corrections in the land records papers.
  3. Simultaneously with sending of the copy of the statement to the Patwari, the Tahsildar shall cause a register in Form II prepared by the Kanungo in respect of all surplus land of each village in the tahsil vesting in the State Government. All statements in Form I shall be carefully preserved in a file.
  4. The unit of surplus land for allotment to each individual landless person shall be as follows :
(a) Rice tract 10 acres of dry land
(b) Wheat, Juar, Cotton tract 15 acres of dry land
(c) Kodon, Kutki or minor millet tract 20 acres of dry land

Explanation. - For the purpose of this rule, one acre of wet land shall be reckoned as equivalent to two acres of dry land.

  1. Surplus land shall be allotted by the Sub-Divisional Officer.
  2. An allottee shall pay full lard revenue assessed on the land in question from the next agricultural year
  3. The following procedure shall be followed in respect of allotment of surplus land vested in the State Government under these rules :

(i) Immediately on receipt of the copy of the statement in Form I, the Patwari shall issue a proclamation in Form III in the village in which the land is situate inviting applications within 15 days from the date of issue of the proclamation. All such applications shall be made to the Tahsildar in Form IV, in case of an individual, and in Form V in case of a society and shall each be affixed with a Court-fee stamp of the value of Rupee 1.

(ii) After the date fixed for the receipt of applications, the Tahsildar shall prepare a list of all applications stating in brief the particulars of laid applied for by each and forward it to the Gram Panchayat or Gram Sabha, as the case may be, with a notice in Form VI, asking it to furnish within 15 days of the date of the receipt of the li6t, on the suitability or otherwise of the applicants for the allotment of land. The Gram Panchayat or the Gram Sabha, shall send its recommendations to the Tahsildar within such period. The Tahsildar shall visit each village, if possible, or suitable centre, one week after the notified date of receipt of such reports and whether a report is received or not, he shall hold a meeting of the residents of the village in which the land to be allotted is situate, on the date and at the place to be announced by beat of drum at least three days before the meeting. If the land to be allotted is situated in an uninhabited village, such meeting shall be held in any one of the neighbouring village after giving wide publicity in respect thereof in other neighbouring villages also.

(iii) On the date and at the place announced for the meeting the Tahsildar shall read out the list of the applicants and particulars of land applied for to the people assembled and explained in short the principles of the allotment contained in the foregoing rules. The Tahsildar shall then invite the opinion of the people assembled on the applications by show of hands. He shall note on the applications whether they carry the unanimous verdict of the people in favour of the allotment or are recommended by the majority. If there is no unanimous verdict or recommendation of the majority, the Tahsildar shall try to find out whether any agreement can be reached among the applicants themselves in the matter of allotment. Failing such agreement he shall make recommendations on the applications, due considerations to the report, if any, of the Gram Panchayat or Gram Sabha. In all cases, however, the Tahsildar shall decide any objection summarily.

(iv) The Tahsildar shall call the individuals or the representatives of the society, as the case may be, and ascertain from them whether the amount of premium will be paid by them in a lump sum or in instalments and shall mention the wishes so ascertained in his report to the Sub-Divisional Officer.

(v) The Sub-Divisional Officer may accept the proposal of the Tahsildar, or, for the reasons to be recorded in writing, may make such modifications therein as he may deem fit, and pass orders accordingly within one week of the date of receipt of the proposal from the Tahsildar :

Provided that any person who had preferred a claim or objection may apply in writing to the Sub-Divisional Officer for a hearing upon which the Sub-Divisional Officer shall hear him before passing final orders.

  1. Where more than one person is allotted a portion of a big plot, each portion shall be demarcated and assessed immediately, after the allotment is made.
  2. Where the allottee wishes to pay the premium in instalments, he shall execute an agreement in Form VII and thereafter the Sub-Divisional Officer shall issue a certificate in Form VIII to each individual allottee and cause him to be placed in possession of the land allotted.
  3. Immediately on receipt of the orders of the Sub-Divisional Officer for allotment of land to a Society and in case the society has opted to pay the premium in instalments, the Tahsildar shall ask the Society to execute an Agreement in Form IX and thereafter the Sub-Divisional Officer shall issue the Certificate in Form X and cause the Society to be placed in possession of the land allotted.
  4. As soon as the Certificate in Form VIII or X has been issued, the information about allotment of the land shall be communicated to the Patwari for completion of his records and the original allotment case sent to the Kanungo for completing the entries in the Register in Form II.
  5. The original case shall then be sent to' the Wasil Baki Navis who shall take note of the premium whether payable in lump sum or in instalments in the Register of Form XI. It shall be the responsibility of the Wasil Baki Navis to intimate timely, action for the recovery of the annual instalments of the premium and interest due thereon as and when they become due.

Form I

[See Rule 2]

Statement showing the particulars of surplus land vested in the State Government in Village............................

P.C. No..............S.No.............. Tahsil........District.........

[Particulars of surplus land vesting]

S.No. Name and full address of the holder of land S.No./Plot No. Area of Khasra or plot No. in col. (3) No. of case and date of order of the Competent Authority Amount of compensation payable to the land holder Remarks
Area Dry Area [Area having assured irrigation or assured private irrigation for two crops] [Area having assured irrigation or assured ; private irrigation for one crop] Land Revenue
1 2 3 4 5 6 6-A 7 8 9 10
 

 

 

Court/Office ..........................
Dated............. 20....... Competent Authority

Form II

[See Rule 4]

Register of surplus land vested in the State Government under Section 12 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960

Name of village....... P.C. No....... S.No.......Tahsil ......

Particulars of surplus land

S.No. Name and full address of the holder of land S.No./ Plot No. Area of Khasra or plot No. in col. (3)
Area Dry Area [Area having assured irrigation or assured private irrigation for two crops] [Area having assured irrigation or assured private irrigation for one crop] Land Revenue
(1) (2) (3) (4) (5) (6) (6-A) (7)

 

No. of case and date of order of the Competent Authority Amount of compensation payable to the land holder Details of allotment under Section 35 S.No./Plot No.
Name and full address of the allottee Revenue case No. and date of order
(8) (9) (10) (11) (12)

 

Area of Khasra or plot No. in col. (12) Amount of premium
Area Dry Area [Area having assured irrigation or assured private irrigation for two crops] [Area having assured irrigation or assured private irrigation for one crop] Land Revenue
(13) (14) (15) (15-A) (16) (17)

Form III

[See rule 8 (i)]

Proclamation

Notice is hereby given that the land specified in the Schedule below which has vested in the State Government under Section 12 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, is available for allotment for purposes of cultivation. Any person/society desiring to get any plot land for cultivation may submit an application in Form IV/V to the Tahsildar on or before the.............

The land will be allotted in the following order of priority on payment of premium in lump sum or in twenty equal instalments equivalent to u> compensation payable in respect of land-

[(i) Agricultural labourers-

(a) belonging to Scheduled Castes and Scheduled Tribes; and

(b) Others;

(ii) joint farming society, the members of which are agricultural labourers or landless persons whose main occupation is cultivation or manual labour on land or a combination of such persons;

(iii) better farming society, the members of which are agricultural labourers or landless persons whose main occupation is cultivation or manual labour on land or a combination of such persons;

(iv) Freedom Fighters];

(v) displaced tenants subject to the provisions of Section 202 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959),

(vi) holders holding contiguous land;

(vii) joint farming society of agriculturists;

(viii) better farming society of agriculturists;

(ix) any other co-operative farming society subject to the condition that land (including the land as owner or tenant individually by members) shall not exceed the area equal to the number of members multiplied by ceiling area;

(x) an agriculturist holding land less than the ceiling area.

Schedule

Name of village with P.C. No. and Settlement No. Details of land
Survey No./ Plot No. Area Land Revenue Premium
(1) (2) (3) (4) (5)

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

Patwari P.C. No.....

Copy forwarded to the Tahsildar........ for information and action.

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

Patwari P.C. No....

Note. - if the premium is paid in instalments it shall carry interest at the rate of 3 per cent per annum with effect from the date on which the first instalment fall due.

Form IV

[See Rule 8 (i)]

Form of application for individuals

To

The Tahsildar..........

(1) Name in full of the applicant

(2) Father's name

(3) Means of livelihood

(4) Name of village the applicant resides

(5) Details of land applied for

Name of village with P.C. No. and Settlement No. Survey No./ Plot No. Area Land Revenue
(1) (2) (3) (4)
  1. The applicant hereby begs to apply for allotment of land specified in item (5) above for cultivation in Bhumiswami rights. He is also prepared to pay premium fixed for the land in lump sum/instalment.

*The applicant further declares that-

*(1) He is agricultural labourer belonging to Scheduled Castes or Scheduled Tribes or other agricultural labourer.

*(2) he is a freedom fighter;

*(3) he is a displaced tenant subject to the provisions of Section 202 of the Madhya Pradesh Land Revenue Code, 1959;

*(4) he is a holder holding land contiguous to the land applied tor as detailed below;

*(5) he is an agriculturist holding land less than the ceiling area a detailed below.

*Strike off which is not applicable.

Name of village with P.C. No. and Settlement No. Details of land held
Survey No./ Plot No. Area Land Revenue
(1) (2) (3) (4)

Dated

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

Verification

I............... do hereby solemnly affirm that the contents of paragraphs 1 to 3 of the application are true to the best of my knowledge and belief.

Verified and signed on.

Dated 20....

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

Form V

[See Rule 8 (1)]

Form of application on behalf of societies

To

The Tahsildar..............Through the Registrar, Co-operative Societies, Madhya Pradesh............... *The Joint/Better Farming Society/Co-operative Farming Society.

With its registered office at ............... Tahsil District hereby begs to apply for allotment of land specified in the Schedule below for cultivation purposes in Bhumiswami rights. The society is prepared to pay the premium in lump sum/instalments.

*Strike off which is not applicable.

Schedule

Name of village with P.C. No. and Settlement No. Details of land applied for
Survey No./ Plot No. Area Land Revenue
(1) (2) (3) (4)
  1. The number of the members of the society is A copy of the Registration Certificate is enclosed.
  2. The area of land held by each member and the plough and bullocks owned by him are mentioned in the Schedule below

Schedule

Name of member Details of land held No. owned of
District/Tahsil No. Survey No./Plot No. Area Land Revenue Ploughs Bullocks
(1) (2) (3) (4) (5) (6) (7)

Dated

........................... For and on behalf of the Society.

Form VI

[See Rule 8 (ii)]

Notice

In the Court of the Tahsildar, Revenue Case No........

To,

The Chairman, Gram Panchayat,. Gram Sabha

Notice is hereby given that the land specified in the columns (1) to (4) of the Schedule below has been applied for cultivation by the persons/Societies mentioned in the corresponding entries in column (5) thereof.

It is requested to send the report to this Court on or before the .............. If no report is received within the specified date, the case will be proceeded with in accordance with the rules.

Schedule

Name of village with P.C. No. and Settl. No. Details of land Land Revenue Name of person Report of the Gram Panchayat/ Gram Sabha
Survey No. Plot No. Society
(1) (2) (3) (4) (5) (6)
 

 

Seal of the Court

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

.............. Tahsildar Office of the Gram Panchayat, Gram Sabha

Returned to the Tahsildar with the report in column (6) of the Schedule.

Dated.........

.............. Sarpanch

Form VII

[See Rule 10]

Agreement

I,.............son of...........resident of village......... Tahsil. ......district............... hereby declare and agree that in consideration of a premium of Rs (in words Rs...,.....) the Sub-Divisional Officer of (hereinafter called the Sub-Divisional Officer) has allotted to me the land described in the Schedule hereunder (hereinafter referred to as the said land) in Bhumiswami rights for purposes of cultivation. I have exercised the option of paying the premium in 20 equal instalments. I bind myself as under-

(i) The first instalment of Rs (in words Rs......... shall be paid by me on the commencement of the agricultural year next following the date of allotment.

(ii) The subsequent 19 instalments of Rs..........................................(in words Rs .................) each shall be paid by me on the 1st of July each year with interest at the rate of 3 per cent per annum. The interest will accrue with effect from the date on which the first instalment falls due.

(iii) The recovery of any sum due from me hereunder may be made from me as an arrear of land revenue.

Schedule

Survey No./ Plot No. and their Sub-Division No. Area Assessment Premium
(1) (2) (3) (4)
 

 

 

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

Witnesses

1.............

2.............

......................... Signature of allottee

Countersigned

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

......................... Sub-Divisional Officer

Form VIII

[See Rule 10]

Certificate of grant of rights to individuals

In the Court of [Sub-Divisional Officer.....................]

It is hereby certified that in Revenue Case No ..........................Shri....................... son of................ resident of........ ....Tahsil District........................ has been allotted.............. land specified below situated in village.................. P.C. No S.N Tahsil..............for purposes of cultivation in Bhumiswami rights.

The land shall be held by him and his heirs and assigns subject to payment of full assessment and to the provisions of the Madhya Pradesh Land Revenue Code, 1959.

Survey No./ Plot No. and their Sub-Division No. Area Assessment Premium
(1) (2) (3) (4)
Acres Rs. P. Rs. P.
 

 

 

Seal of the Court

..................... Sub-Divisional Officer

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

Form IX

[See Rule 11]

Whereas the Sub-Divisional Officer District has allotted to the Joint/Better/Co-operative Farming Society, having its registered office at Tahsil ..............District........... and acting through its.............. (hereinafter called the Society) land described in the Schedule hereunder for purposes of cultivation (hereinafter referred to as the said land) in Bhumiswami rights under the provisions of Section 35 (1) of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 in consideration of a premium of Rs........... (In words ......) the Society has exercised the option of paying the amount of premium in 20 equal instalments.

Now, therefore, the society binds itself as under-

(i) The first instalment of Rs............. (in words Rs............ ) shall be paid by the Society on the commencement of the agricultural year next following the date of allotment.

(ii) The subsequent 19 instalments of Rs......... (in words Rs.......... ) each shall be paid by the Society on the 1st of July each year with interest at the rate of 3 per cent per annum which shall accrue with effect from the date on which the first instalment falls due.

(iii) the recovery of any sum due from the Society hereunder may be made from it as an arrear of land revenue.

Schedule

Survey No./ Plot No. and their Sub-Division No. Area Assessment Premium
(1) (2) (3) (4)
Acres Rs. P. Rs. P.
 

Dated........... this day of..........20...........

Witnesses-

1................

2................

.......................... For and on behalf of........ Joint/Better Co-operative Farming Society (Allottee).

Countersigned

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

......................... Sub-Divisional Officer.

Form X

[See Rule 11]

Certificate to Farming Society

In the Court of the [Sub-Divisional Officer, at...............]

It is hereby certified that in Revenue Case No......................(Name of society) ...........has been allotted land specified below in the village of..........tahsil......................district for purposes of cultivation in Bhumiswami rights.

The land shall be held by the Society subject to the provisions of the Madhya Pradesh Land Revenue Code, 1959 and the rules made thereunder-

Survey No./ Plot No. and their Sub-Division No. Area Assessment Premium
(1) (2) (3) (4)
Acres Rs. P. Rs. P.
 

Seal of Court

................... Sub-Divisional Officer

Form XI

[See Rule 31]

Register of Premia

Name of village..................... S.No........................ P.C. No........Tahsil ..............................................

S. No. Name and full address of the allottee Date of allotment with Case No. in which allotted Details of land Amount of Premium
Survey No./Plot No. Area Land Revenue
(1) (2) (3) (4) (5) (6) (7)
 

 

Instt. fixed, if any Particulars of payment No. and date of Treasury challan Balance of premium after each transaction Remarks
Due date of payment Amount Amount of instalment Interest Total
(8) (9) (10) (11) (12) (13) (14) (15)
 

Note - Where the premium is payable is instalments interest at the rate of 3 per cent per annum shall be charged with effect from the date on which the first instalment falls due. No interest is chargeable on the premium payable in lump sum.

Rules

Notification No. 3479/3672/XXVIII-64, dated 8-12-1964, published in M.P. Rajpatra, Part IV (Ga), dated 18-12-1964, p. 916 and amended by Notification No. 1918-XXVIII-76, dated 1-9-1976, published in M.P. Rajpatra, Part IV (Ga), dated 10-9-1976, p. 658. - In exercise of the powers conferred by sub-section (1) and clause (i) of sub-section (2) of Section 50 read with Sections 17, 18 and 20 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960) the State Government hereby makes the following rules, the same having been previously published, as required by sub-section (3) of Section 50 of the said Act, namely :

Preliminary

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

(a) "Act" means the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960);

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

(c) "Section" means a section of the Act.

  1. As soon as possible after the final statement under sub-section (6) of Section 11 is published, the Competent Authority shall, subject to the provisions of the Act and the rules made thereunder, proceed to determine-

(a) the compensation to be paid to a holder in respect of the land declared surplus and vested in the State;

(b) the apportionment of such compensation between the holder and the lessee, if any, as referred to in Section 20;

(c) the secured debt of the land-holder in accordance with the provisions contained in Chapter V; and

(d) the manner of payment of compensation, of the amounts apportioned under Section 20 and of secured debt out of compensation.

Part II

Determination of Compensation and Additional Compensation

  1. The compensation to be paid in respect of the land declared surplus and vested in the State shall be calculated according to the scale given in Schedule II appended to the Act. In addition to this, additional compensation payable under sub-section (2) of Section 16 shall be calculated for the [standing trees and the improvements]existing on the land vested in the State Government on the date of vesting.

[3A. The additional compensation for the standing trees shall be calculated according to the scale given in Form A-2 appended to these rules The holder claiming additional compensation for the standing trees shall file a statement in Form A-l. The Competent Authority shall get the statement checked by the Tahsildar who shall verify the nature of trees, measurement of girth and other particulars and calculate the value of trees on the basis of scale given in Form A-2.]

  1. With a view to facilitate the determination of the additional compensation for improvements existing on the land vested in the State, the land-holder shall be noticed to furnish statement in Form A supported by relevant documents.
  2. On receipt of this information the Competent Authority shall proceed to determine the depreciated value of the improvements on the date of vesting of the land in the State. A report from the Local P.W.D. Officer not below the rank of Assistant Engineer, shall be obtained in respect of the cost of the construction, repairs, etc. as given in the statement, life of improvements, probable duration of the effects of such improvements, etc. and its depreciated value in the light of these facts on the date of vesting of the land in the State.
  3. The depreciated value so determined shall be the additional compensation payable in respect of the vested land on which the improvement exist.
  4. According to Section 13 (ii), all arrears of revenue cases other than in respect of land vested in the State under Section 12 and due by the holder for any period prior to the date of vesting are to be recoverable from such holder and shall be realised by deducting the same from the amount of compensation payable to him under the Act. A statement in Form B in duplicate in regard to arrears, etc. in respect of the vested land should be obtained from the Tahsildar of the Tahsil concerned in which the vested land is situate.
  5. On receipt of the statement in Form B from the Tahsildar, the holder shall be noticed in Form C enclosing a copy of the statement to show cause why the arrears should not be deducted from the compensation payable to him in respect of vested land.
  6. If the land-holder objects to the deduction questioning the correctness of the statement, the Competent Authority shall forward the same to the Tahsildar for deciding the objection and communicating the results within a period of two months.
  7. The Competent Authority shall then deduct all such arrears of revenue cases or other dues from the amount of compensation according to the provisions of Section 13.
  8. The amount determined to be so deducted under Section 13 (ii) shall be adjusted by book transfer, be credited to the appropriate head of account by debiting to the head "92-Payment of Compensation to land holders, etc. on the Abolition of the Zamindari System-A Compensation-Compensation to land-holders on vesting their surplus land to the State under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960". Four copies of the challan shall be prepared in respect of each type of dues, one to be retained in treasury, one to be filed with the cesses, one to be forwarded to the Tahsildar concerned and one to be given to the holder.
  9. The Competent Authority may then draw up an order for the payment of remaining amount of compensation after deduction of the amount determined as due under Section 13 (ii) in as many instalments as considered necessary in accordance with the Scheme contained in Section 17 of the Act.

Part III

Apportionment of Compensation under Section 20 of The Act

  1. Apportionment of compensation where leases in respect of the surplus land vested in the State are granted by the holders falling in the categories mentioned in Section 20, in pursuance of the provisions of sub-section (2) of Section 168 of the Madhya Pradesh Land Revenue Code, 1959 shall relate only to the period for which such leases run beyond the date of vesting.
  2. On publication of the final statement under sub-section (6) of Section 11 all persons claiming under Section 20 a share in the compensation to be paid for the surplus land to the holder shall represent their claims before the Competent Authority in Form D within 60 days of the date of such publication.
  3. On the receipt of claim under Rule 13 the Competent Authority after hearing the holder and making such further enquiry, as may be considered necessary, determine the admissibility of claims of such persons to apportionment of compensation.
  4. In respect of claims which are admitted by the competent authority under Rule 15, the share of the claimant may be calculated in the same ratio as the lessees profit bears to the gross value of the produce of the land in the manner given in the illustration below :

Illustration. - Where-

  1. Value of gross annual produce of the land.
  2. Amount of annual lease money payable by the lessee to the holder;
  3. Gross amount of compensation determined under Section 16 (1) and (2);
  4. Compensation for a year to which the lessee is entitled; and
  5. Number of years for which the lease is to run after the date of vesting; then

X = P-L/PxC/20

  1. This compensation shall be paid in as many equal annual instalments as the number of years (Y) unless the value of Y is more than 20 in which case the total compensation viz. P-L/PxC/20xy/l shall be divided into 20 equal instalment and paid in such annual instalments.
  2. The Competent Authority shall draw up specific order determining the total amount to which the lessee is entitled, the number of annual instalments in which it shall be paid and the amount of such instalments.

Part IV

Determination of Secured Debt of The Holders

  1. The secured debt determined under Section 26 shall be payable from the amount of compensation according to Section 29 before an amount of the compensation is paid to the holder.
  2. While drawing up the final order regarding the disposal of the amount of compensation payable to the holder, the Competent Authority' shall take into consideration the order of priority of the secured debts determined under Section 28 and the instalments in which these debts are to be payable out of the amount of compensation, as per orders passed under Section 29.

Part V

Manner of Payment of Compensation

  1. After the apportionment to be made under Section 20 and the instalments of secured debts to be paid are determined, the Competent Authority shall draw up the final order in Form E regarding the amount of compensation payable to the holder and its disposal. A copy of this order shall be handed over to the holder.
  2. An order shall also be drawn up in Form F in favour of the land holder/creditor/lessee authorising him to receive the payment of compensation in terms of the final order passed by the Competent Authority under Rule 21.
  3. Interim compensation under Section 18 shall be paid to the holder on his furnishing an indemnity bond with security bond in Forms G and H.
  4. The Competent Authority shall prepare a register in Form I separately for each holder. The register shall form part of the of the register to the Collector of the district where the payment is ordered to be made.
  5. The payment of compensation shall be ordered to be made in the district in which the land is situate. Where, however, the land is situate in more than one district, the Competent Authority shall give an option to the holder to select one of these districts, where he wants the payment of compensation to be made and authorise payment accordingly; provided that the holder shall not be allowed to change the district so selected any time later for any reason whatsoever.
  6. If on appeal, etc. the order of the Competent Authority is reversed or modified in any manner, entries in Register I filed with the relevant case shall be corrected by the Competent Authority accordingly and in doing so he shall invariably call back the copy of the register sent to the Collector wherein such correction shall be carried out by the Competent Authority under his signature simultaneously.
  7. The first instalment of the compensation shall be due to be paid on the first day of the month next following the month in which the final order under Rule 21 is passed. The subsequent instalments shall be due for payment on the first day of May every year.

Part VI

Miscellaneous

  1. The account of payment of compensation shall be maintained in the district in a register in Form J.
  2. As soon as the register in Form H is received from the Competent Authority entries in respect thereof shall be made in the appropriate columns in the register maintained in Form I, separate pages being allotted for every holder.
  3. The holder/lessees/creditors shall, every year on or after the date on which the payment of the instalment falls due, present the copy of the payment in Form F issued by the Competent Authority to them to the Collector of the district where payment is to be received during working hours on any working day.
  4. The Collector shall, then prepare a voucher in Form K separately for every claimant and hand it over to payee concerned, along with the treasury voucher slip for encashment at the district treasury.
  5. After the receipt of the treasury voucher slips from the Treasury Officer, the entries in the register maintained in the Collectorate shall be completed.
  6. While preparing the voucher under Rule 31 interest at the rate of 3 per centum per annum on the unpaid amount of compensation shall be calculated till the date on which the concerned annual instalment is due to be paid and the amount of the compensation and interest shall be indicated separately in the body of the voucher.

In calculating the interest-

(a) the amount less than 50 paise shall be disregarded and 50 paise or more shall be taken as a rupee; and

(b) the amount of interest shall be rounded to the nearest multiple of 5 paise.

  1. The amount of compensation shall be debited to the head "92-Payment of compensation to land-holders, etc. on the Abolition of Zamindari System-A-Compensation-Compensation to land-holders on vesting their surplus land to the State under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960," and interest to the head "16-Interest on debt and other obligations-A-Interest on Public Debt and other obligations-3-Interest on other obligations. Miscellaneous-Interest on compensation to land-holders on vesting their surplus land in the State Government under Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960."
  2. (1) The order under Rule 22 shall not be issued until the period of appeal against the order of the Competent Authority passed under Section 11 (6) is over.

(2) If an appeal is filed against an order of the Competent Authority under Section 11 (6) and is still pending by the time when order under Rule 21 is passed, the Competent Authority shall by a specific order in writing, withhold the issue of the payment order under Rule 22 until the decision of the appeal is known.

  1. (1) The payment of any sum authorised to be made under orders passed under Rule 22 shall be made only to the person so authorised therein and not to be messenger on this behalf.

(2) The payment may also be remitted to the payee through the authorised agent if he so desires on production of the payment order and power of attorney.

  1. If the person entitled to receive the payment out of compensation does not present himself personally or through his authorised agent for receiving payment on the due date, no interest will accrue on the instalment after that date.
  2. If the holder, creditor or lessee entitled to receive the payment out of the compensation dies, his legal representative will be entitled to receive the amount on the production of the requisite succession certificate; provided that if the total amount to be paid to a claimant is Rs. 500 or less, the Collector may in his discretion disperse with the usual legal formality and make payment on execution, by the legal representative of an indemnity bond with such sureties as the Collector may require, if he is satisfied of the right and title of such legal representative and considers that undue delay and hardship would be caused by insisting on the production of letters of administration.
  3. A monthly statement in Form L. showing the amount of compensation paid during the previous month, shall be forwarded by the Collector to the Accountant-General, Madhya Pradesh, Gwalior and to Secretary to Government, Madhya Pradesh, Land Reforms Department through the Commissioner of the Division by the 10th of the succeeding month.
  4. A statement in Form M for the financial year showing the amount that fell due for payment during the year and the amount of interest that was not disbursed shall be forwarded by the Collector to-

(i) The Accountant General, Madhya Pradesh, and

(ii) The Secretary to Government, Madhya Pradesh, Land Reforms Department through the Commissioner of the Division, by the 15th of May.

  1. The Collector shall submit a statement in Form N to the Secretary to the Government of Madhya Pradesh, Land Reforms Department, through the Commissioner of the Division, not later than the 15th of October, in each year, for making provision in the budget for the next year.

Form A

[See Rule 4]

Statement of Improvements made on surplus land vested in the State

Name of village with P.C. No. Tahsil and district Description of land vested in the State Description of improvements made Specifications Year in which improvements were first construed
Survey No. Area
(1) (2) (3) (4) (5) (6)
 

 

 

Capital expenditure incurred in respect of such improvements at time of construction Expenditure on labour incurred for the construction thereof. Latest renovation or repairs carried to the improvements with their nature and date Expenditure incurred on such renovation/ repairs Details of documents enclosed
(7) (8) (9) (10) (11)
 

 

Date.......

.............................. Signature of the holder and address

[Form A-1]

[See Rule 3-A]

Name of village with P.C. No. and Tahsil and District Description of land vested in the State and on which trees are standing Description of trees (timber) standing in Survey No. Description of trees other than timber standing in the Survey No.
Survey No. Area Nature of trees No. of trees Girth of each tree separately centimeters Nature of trees No. of trees Fruit bearing Non-fruit bearing
1 2 3 4 5 6 7 8 9 10
 

 

.............................. Signature of the holder and address]

[Form A-2]

[See Rule 3-A]

Scale

Measurement of Girth of the trees at breast height in Centimeters Compensation per tree Timber Compensation per tree irrespective of the girth
Sagwan Other timber trees Mango Citrus fruit Others
Fruit bearing Non fruit bearing Fruit bearing Non fruit bearing
(1) (2) (3) (4) (5) (6) (7) (8)
Rs. Rs. Rs. Rs. Rs. Rs. Rs.
Up to 60 Cm. 3.00 2.00
61 Cm. to 120 Cm. 100.00 25.00 100.00 25.00 50.00 6.00 10.00
121 Cm. and above 200.00 50.00

Form B

[See Rule 7]

Statement of arrears in respect of surplus land vested in the State

Name of village....................... P.C. No.................. R.I. Circle No.............. Tahsil No................ District..............................

S.No. Name & Father's name of holder Details of vested land Nature of arrear Year(s) for which the amount of arrear is due and amount of arrear
Area Land survey No. Year Amount Year Amount
(1) (2) (3) (4) (5) (6) (7) (8) (9)
Land Revenue Cesses, Loans under Land

Improvement Loans Act,-

(a) Principal

(b) Interest,

Loans under Agricultural Loans Act-

(a) Principal

(b) Interest

Dues of any other Departments such as Co-operative Department etc.

Year ......... Amount ......... Year ......... Amount ......... Year ......... Amount .........

Dated........

.................... Tahsildar

Form C

[See Rule 8]

Before at Case No.........................Major Head/Minor Head.......

To,

.................son of........................ resident of.............Tahsil........................District.........

Whereas Tahsildar of Tahsil.............. has moved this Court for deduction of arrears of Revenue Cases/other dues under Section 13 (ii) o the Madhya Pradesh Ceiling on Agricultural Holdings Act, I960, as shown in the enclosed statement in respect of the land vested in the State from the amount of compensation money payable to you under the said Act;

Now, therefore, you are, hereby required to appear either personally or through a pleader or through a duly authorised agent on...............20......at........ o'clock in the Court of the undersigned to show cause against such deductions.

Seal

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

.......................................... Competent Authority

Form D

[See Rule 14]

In the Court of.................(Competent Authority)

I,............ son of................ resident of............................village........................P.C. No.......... R.I. Circle No...................................... Tahsil..............................District.............. do hereby claim under Section 20 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, I960, a share in the amount of compensation that may be sanctioned in (name) Shri...........son of...........holder resident of......village............. PC. No........... R.I. Circle No............ Tahsil.........District........... in respect of survey numbers in the village PC No................ R.I Circle No........... Tahsil.......... District........ declared surplus in the final statement published under Section 11 (6) of the said Act 1960 by the Competent Authority.

  1. I furnish the following details (Schedule below) in support of my claim which I verify to be true and correct to my knowledge.

Dated..........

........................... Signature of the claimant.

Schedule

Name of the landholder Details of Survey Nos. declared surplus in the final statement published under Section 11 (6) in which interest is claimed Details of lease etc. in favour of the claimant.
Name of village with P.C. No. R.I. Circle, Tahsil and District Survey No. Area Duration No. of years of the lease which have elapsed before the date of vesting the surplus land in the State Government.
(1) (2) (3) (4) (5) (6)
 

 

 

No. of years for which the lease is to run after the date of vesting the surplus land in the State Government Terms of lease i.e. annual cash payment, batai etc. Average gross annual produce of the area governed by the lease (in terms of money) Compensation claimed for the unexpired portion of the lease after the date of vesting in the State.
(7) (8) (9) (10)
 

 

Form E

[See Rule 21]

In the Court of the Competent Authority at................ Revenue Case No......... Major Head/Minor Head........

Order

I........................ designation.........the Competent Authority do hereby order as below in respect of the compensation payable to Shri.....................son of........R.I. Circle No..........Tahsil.........District..........deductions to be made under Section 13 ibid, apportionment under Section 20 ibid., and payment towards the secured debts under Section 29, ibid.

I. total compensation determined under Section 19........
Rs..........Ps.........
II. Deductions under Section 13-
(1) Revenue cesses in respect of land vesting in the State for the period prior to ................
(2) Other dues ................
III. Amount payable to lessees-
Names :
(1) ................. ................
(2) ................. ................
IV. Amount payable to creditors-
Names :
(1) ................. ................
(2) ................. ................
V. Total of II to IV ................
VI. Balance payable to the land-holder (I-V) ................
VII. Interim compensation paid on ................
VIII. Balance remaining for payment to the landholder (VI-VII) ................
  1. The land holder is entitled to an interest at the rate of 3 per centum per annum on the unpaid amount of compensation. Interest will be payable from the date of vesting of the surplus land in the State.
  2. The payments shall be made as shown in the Schedule below :

Schedule

Name and parentage of payee with full address Whether landholder/ lessee/ creditor Net amount to be paid No. of instalments in which to be paid Amount of each instalment Date on which payable
(1) (2) (3) (4) (5) (6)

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

.................... Competent Authority.

Form F

[See Rule 22]

In the Court of the........Revenue Case No.

Major Head/Minor Head..........

The net compensation payable to the holder Shri........................son of........... of village...... tahsil...................... District. has been determined at Rs...........(in words...........Rs..........) consequent on the vesting of his surplus land in the State under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. The net amount is payable to the holder/lessee/creditor as specified in Part I of the Schedule below. This order shall be presented every time in the first office before the Collector for claiming the payment of the annual instalment.

Schedule

Part I

Page No. of the register in form Name and parentage of payee with full address Whether holder/ lessee/ creditor Total amount to be paid No. of instalments in which to be paid Amount of each instalment Date on which payable
(1) (2) (3) (4) (5) (6) (7)
 

Dated..........

.................... Competent Authority

Part II

(To be filled in by Collector at the time of payment)

Name and father's name of payee Details of payment made
Date of payment Amount paid Interest paid Initials of the Collector
(1) (2) (3) (4) (5)
 

Form G

[See Rule 23]

Indemnity Bond

Know all men present that I............son of.........resident of.......bound to the Governor of Madhya Pradesh (hereinafter called the Governor), his successors-in-office or assigns (hereinafter described as Government) in the sum of Rs............... (in words Rs.), to be paid to the State Government for which payment will and truly be made. I bind myself and my heirs, executors, administrators and representatives.

Whereas the Government have paid to the said...............an amount of Rs..........as interim compensation in lieu of the vesting of his surplus land under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of I960), situated in villages.......of Tahsil........District......................

And whereas in pursuance of the rules for the payment of interim compensation under the said Act, the holder receiving interim compensation is required to execute a bond for the amount paid to him as interim compensation and undertakes to repay the amount within one month from the date of the communication of the order in case final orders of award of compensation do not entitle the said holder to the extent the interim compensation was paid to him;

Now the condition of the above written bond is that if the final award of compensation is made in favour of the said............. for the full amount of this bond the above written bond will become void and shall be of no effect but otherwise the same shall be and remain in full force and effect and the amount mentioned in the bond shall be recoverable as an arrear of land revenue.

In witness to the above written bond and to all the terms and conditions hereinbefore contained I have hereunto set my hand this day of 20..........

Signed in the presence of and witnesses.

  1. Signature.........Dated..........
  2. Signature.........Dated..........

Form H

[See Rule 23]

Security bond with one Surety

Know all men by these presents that we (1) son of........................(hereinafter called the Principal,) and (2).........son of.......(hereinafter called the surety), are held and firmly bound into the Governor of Madhya Pradesh (hereinafter called the Governor) in the sum of Rs...........(in words Rs..........) to be paid to the said Governor, his successors or assigns for which payment will and truly be made. We bind ourselves, our heirs, executors, administrators and representatives jointly and severally, firmly by these presents signed by us this............day of 20....

Whereas the above bounded principal has been paid interim compensation in lieu of the vesting of his surplus land situated in villages..........of Tahsil........District on conditions that the said principal undertakes to pay the amount in the bond within one month from the date of communication of the order in case final orders of award of compensation do not entitle the said principal to the extent the interim compensation was paid to him;

And whereas we the said principal and surety have entered into the above bounden the sum of Rs.............conditioned for the due performance and fulfilment by the said principal of the aforesaid condition on which the interim compensation has been paid to him;

Now the condition of the above written bond is such that if the final order of compensation is made in favour of the said principal, for the full amount of this bond the above written bond becomes void and shall be of no effect but otherwise the same shall be and remain in full force and virtue.

And it is hereby lastly agreed that all moneys falling due to the said Governor in this bond shall be recoverable from the said principal and surety jointly and severally in the same manner as an arrear of land revenue.

In witness whereof we have signed hereunder this..........day of.....

Witnesses :

  1. Signature...........Principal.
  2. Signature...........Surety.

Form I

[See Rule 24]

Name and parentage of the holder..............P.C. No................No...........Tahsil..........District........

lessee ..........

Creditor..........

Revenue Case No................ Major head/Minor head..............Court of..........

Total amount of compensation determined Amount of arrears of revenue, cesses and other dues i recovered out of compensation under Section 13 (ii) Net amount of compensation payable (cols. 1-2) Amount of interim compensation paid Balance left for payment (columns 4-5)
Amount Challan No. and date of adjustment
1 2 3 4 5 6
 

 

 

Amount to be paid to the landholder Amount to be paid to the lessee(s)
Total Amount Details of instalments Total Amount Details of instalments
No. of instalments Due date for payment Amount No. of instalments Due date for payment Amount
7 8 9 10 11 2 13 14
 

 

 

Amount to be paid to the Creditor(s)
Total Amount Details of instalments
No. of instalments Due date for payment Amount
15 16 17 18
 

 

Form J

[See Rule 28]

Register showing the amount of compensation and interest paid to the holder/lessee/creditor

Name and parentage of the holder............. P.C. No...........R.I. Circle No...........Tahsil.......... District........

Lessee............

Creditor..........

Revenue Case No................. Major head/Minor head......... of the Court of..........

Amount to be paid to the landholder Amount paid to the landholder
Total Amount Details of instalments Date of payment Amount of compensation Interest Total
No. of instalments Due date for payment Amount
(1) (2) (3) (4) (5) (6) (7) (8)
 

 

 

Initial of the Collector Amount to be paid to the lessee Amount paid to the lessee(s)
Total Amount Details of instalments Date of payment Amount of compensation
No. of instalments Date for payment Amount
(9) (10) (11) (12) (13) (14) (15)
 

 

 

Initials of the Collector Amount to be paid to the creditor(s) Amount paid to the creditor(s) Initials of the Collector
Total Amount Details of instalments Date of payment Amount of compensation
No. of instalments Due date for payment Amount
(16) (17) (18) (19) (20) (21) (22) (23)
 

 

Form K

[See Rule 31]

Order of payment of compensation and interest

To,

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

Please pay the sum of Rs (in words Rs........ ) to Shri............................son of/wife of/daughter of of village...............P.C. No........... R.I. Circle No....... tahsil....... District[..........on account of]compensation in full Interim compensation instalment of compensation.............. payable under Section 16 read with Section 19 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 and interest thereon at 3 per cent per annum as per orders of the Court of the........passed on.........in Revenue Case No......... Major/Minor Head...........entered in page No...............of the register in Form.......... The expenditure is dubitable to the heads noted below :

Heads :

(i) 92. Payment of Compensation to Landholders, etc., on the Abolition of the Zamindari System-A-Compensation-Compensation to landholders on vesting their surplus land to the State under the M.P. Ceiling on Agricultural Holdings Act, 1960."

(ii) "16-Interest on debt and other obligations-A-Interest on Public Debt and other obligations-3-Interest on other obligations-Miscellaneous-Interest on compensation to land holder on vesting their surplus land in the State Government under Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960".

Dated............
Total .................. ........................ Collector
Pay Rs.......... .......................
Dated........... Officer-in-charge of Treasury/ Sub-Treasury

I hereby acknowledge the receipt of the amount mentioned above. If i consequence of any proceeding under Sections 41 and 42 of the Act, it is 1 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 communication of the order in such proceedings I fail to refund the excess.

Stamp

..................... Signature of payee

If amount exceeds Rs. 20.

Form L

[See Rule 39]

Statement showing the payments of compensation and interest payable for the month of..........20...........

Amount of compensation payable during the year with interest Amount paid up to the end of previous months with interest Amount paid during the month with interest Progressive total from 1st April of payment made to the end of the month Balance outstanding at the month (1-2-7)
Amount Interest Amount Interest Amount Interest
(1) (2) (3) (4) (5) (6) (7) (8)

Dated........

.......... Collector

To,

(1) The Accountant General, Madhya Pradesh, Gwalior

(2) The Secretary to Government, Madhya Pradesh, Land Reforms Department, Bhopal.

Through the Commissioner............

Certified that the amount mentioned in columns 3 and 4 in the debited to the head during the month..... shown therein and the progressive total of payments made form 1st Aril onwards as stated in column 7 is certified to be correct.

Treasury Officer....... Division

Form M

[See Rule 40]

Statement showing the outstanding balance of compensation at the end of March.......

Name of District Compensation amount payable under the scheme Amount paid at the end of the previous financial year towards compensation excluding interest Amount paid during the financial year excluding interest Progressive total of compensation paid to the end of the year Balance outstanding at the end of the financial year
(1) (2) (3) (4) (5) (6)
 

 

 

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

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

To,

The Accountant-General, M.P. Gwalior/Secretary to Government Madhya Pradesh, Land Reforms Department, Bhopal.

Through Commissioner............Division.

Form N

(See Rule 41)

Statement showing the amount required for payment of compensation and interest during the financial year......for district................

Head Amount required Remarks
1 2 3
(1) "92-Payment of compensation to landholders, etc., on the Abolition of the Zamindari System-A-Compensation-Compensation to land holders on vesting their surplus land to the State under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960".

(2) "16-Interest on debt and other obligations-A-Interest on public debt and other obligations-3. - Interest on other obligations-Miscellaneous-Interest on compensation to landholders on vesting their surplus land in the State Government under Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960".

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

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

To,

The Secretary to Government, Madhya Pradesh, Land Reforms Department, Bhopal

Through Commissioner...............Division........

Rule

Notification No. 891-303-XXVIII, published in M.P. Rajpatra, Part IV (Ga) dated 16-7-1965, p. 656, amended by Notification dated 3-7-1974, published in M.P. Gazette (Extraordinary), dated 6-7-1974, p. 1445. - In exercise of the powers conferred by clause (d) of sub-section (2) of Section 50 read with sub-section (4) of Section 5 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960), the State Government hereby makes the following rules, the same having been previously published, as required by sub-section (3) of Section 50 of the said Act, namely :

  1. Definition.- In these rules 'section' means a section of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960.

Form

[See Rule 2]

[Form of particulars relating to transfers of lands made on or after the 1st January, 1971 and before the appointed day i.e. 7th March, 1974 to be furnished by the Registering Officer under sub-section (4) of Section 5 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960)].

S.No. in Register Date of execution of document Name of Tahsil Name of village (with settlement No.) in which land is situate Nature of document Whether the transaction is by order of Court or otherwise
(1) (2) (3) (4) (5) (6)
 

 

Name and father's name of the transferor Name and father's name of the transferee Details of land transferred Consideration Remarks
Holdings No. or survey No. Area Assessment
(7) (8) (9) (10) (11) (12) (13)
 

.................... Registering Officer Place................ Dated...............

To,

The Collector,

..........District

Notes. - (i) A separate return shall be prepared for each village, every month and sent to the Collector within a period of ten days from the expiry of the month to which the particulars relate.

[(ii) All documents relating to lands held in Bhumiswami rights, as Government lessees and in rights of an occupancy tenant like sale deeds, lease deeds, gift deeds, exchange deeds, deeds of mortgage with or without possession, partition deeds, relinquishment deeds or documents relating to other transactions affecting land should be included in this statement].

(iii) In column 12 should be entered details of the actual consideration e.g., in the case of a sale for old debt it should be so stated and the amount of the old debt mentioned or in the case of renewal of a mortgage, the old mortgage and its amount should be entered.

Notification No. 3297-4316-XXVIII-63, dated the 15th December, 1963, published in the M.P. Rajpatra, dated the 16th December, 1963. - In exercise of the powers conferred by sub-section (1) and clause (i) of sub-section (2) of Section 50 read with Section 28 of the Act, the State Government have made the following rules, the same having been previously published as required by sub-section (2) of Section 50 of the Act, namely :

Rule

In settling the order of priority under Section 28 of the M.P. Ceiling on Agricultural Holdings Act, 1960, in which the creditor shall be entitled to receive the amount due to him, the Competent Authority shall as far as may be, guided by the appropriate provision of the Transfer of Property Act, 1882 (Act No. IV of 1882) :

[Provided that where the creditor is a bank, the bank shall be given priority over other creditors].

Notification No. 1079-1476-XXVIII-74, dated 3-7-1974, published in M.P. Rajpatra (Asadharan), dated 6-7-1974, pp., 1428-29. - A major son shall be required to give a declaration before the Competent Authority in the following Form :-

Form of Declaration

I............ s/o.......... resident of village.. Tahsil........District......... do hereby declare under the second proviso to sub-section (2) of Section 7 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 that I hold..........share in the holding held by Shri.........being one of the...........major sons of the holder.

  1. I furnish the following details (in the Schedule below) in support of my claim which I verify to be true and correct to my knowledge.

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

...................... Signature

Schedule

Name of the Holder Name of the village with P.C. No., RI Circle, Tahsil and District Area held
Dry land Area having assured irrigation or assured private irrigation for two crops Area having assured irrigation or assured private irrigation for one crop
(1) (2) (3) (4) (5)
 

Rule

Notification No. F. XXVIII-2-73, dated 5-1-1977, published in M.P. Rajpatra, Part IV (Ga), dated 11-2-1977, p. 31. - In exercise of the powers conferred by sub-section (1) and clause (ff) of sub-section (2) of Section 50 read with Section 13-A of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960) the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of section 50 of the said Act, namely :-

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

(a) "Act" means the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960);

(b) "Section" means a section of the Act.

  1. As soon as the final statement under sub-section (6) of Section 11 is published, the Competent Authority shall, subject to the provisions of the Act, proceed to determine the profits earned on the land declared surplus.
  2. The amount of profit payable by a holder to the State Government shall be an amount equal to-

(i) half of the gross value of crops grown on the surplus land in each agricultural year or part thereof, plus;

(ii) profit from standing trees and, where trees have been fallen by the holder, profit from such trees and value thereof, plus;

(iii) an amount of interest on aggregate of the sum calculated under clauses (i) and (ii) at the rate of three per cent per annum.

  1. In determining the gross value of crops grown on the surplus land for purposes of Rule 3, the Competent Authority shall take into consideration the following matters, namely :-

(i) kind of crops grown on the surplus land;

(ii) average annual yield per hectare of each such crop; and

(iii) market value of each such crop in the area in which the land is situate during each agricultural year the surplus land remained with the holder.

  1. On determination of the amount of profit payable by the holder, the Competent Authority shall, as soon as may be, thereafter, serve upon the holder a notice in the form appended to these rules calling upon him to state objection, if any, to the determination of the profit as specified in the notice by the date specified therein.
  2. After considering the objections, if any, preferred by the holder, the Competent Authority shall finally determine the amount of profit payable by the holder and communicate the same to him.

Form

[See Rule 5]

Before........... At................

Case No.............................

Major Head/Minor Head...............

To,

Shri........................... son of........... resident of................... Tahsil............. District.........

The profits earned by you on the land khasra No Area..............................vested in the State Government under Section 12 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960) but remained with you after the appointed day till..................... have been calculated under Section 13-A of the said Act, as shown below. If you have any objection, the same may be presented before me within fifteen days of the receipt of this notice failing which it shall be presumed that you have accepted the amount of profits worked out herein.

District Tahsil Village Patwari Circle No. Khasra No. Area Land having assured irrigation Government and/or private
Khasra Area
(1) (2) (3) (4) (5) (6) (7) (8)

 

Land Revenue Crop Average annual yield per hectare Total yield of each crop Market value per quintal Total value of total yield Half of total value of total yield
(9) (10) (11) (12) (13) (14) (15)

 

No. of standing trees speciewise and profit therefrom No. of trees felled speciewise and profit Profit total of therefrom and value thereof Profit total of columns (15), (18), (20) and (21)
Specie No. Profit Specie No. Profit Value
(16) (17) (18) (19) (20) (21) (22)

.................... Competent Authority