Friday October 30 2020 WELCOME TO YASHADA Sachin

Friday, October 30, 2020 WELCOME TO YASHADA Sachin Kalantre Deputy Collector FOUNDATION BATCH Presented By : Sachin Kalantre 1

Friday, October 30, 2020 Sachin Kalantre • Sec 161 – Nistar Patrak is a regiser in which rights of the community to fuel, water , murum, grazing etc in Government land is recorded Sec 162 –Matters to be provided in Nistar Patrak Sec 163 – Provision in Nistar Patrak for Certain matters Sec 165 – Wajib ul arz Rights of the community when recorded in the private lands in the register is called wajib –ul-urz Sec 166 – Regulation of Fishing 2

Gaothan Burial or cremation Grounds Threshing Floor Bazar Skinning Ground Land outside Gaothan reserved for Public Purpose Grazing Village Roads Manure pits Rights of other villages Sachin Kalantre • • • Friday, October 30, 2020 Community Rights 3

Sachin Kalantre (1) The Collector shall consistently with the provisions of this Code and the rules made thereunder, prepare a Nistar Patrak embodying a scheme of management of all unoccupied land in a village and all matters incidental thereto, and more particularly the matters specified in section 162. (2)A draft of the Nistar Patrak shall be published in the village and after ascertaining the wishes of the residents of the village in the manner determined by the Collector, it shall be finalised by the Collector. (3)On a request being made by the village panchayat, or where there is no village panchayat, on the application of not less than one-fourth of the adult residents of a village, the Collector may, at any time, modify any entry in the Nistar Patrak after such enquiry as he deems fit. Friday, October 30, 2020 Sec. 161 Nistar Patrak 4

Sachin Kalantre The following matters shall be provided in a Nistar Patrak, that is to say, (a)the terms and conditions on which grazing of cattle in the village will be permitted ; (b)the terms and conditions on which and the extent to which any resident of the village may obtain, (i)wood, timber, fuel or any other forest produce (ii)moram, kankar, sand, earth, clay, stones or any other minor minerals (c)instructions regulating generally the grazing of cattle and removal of articles mentioned in paragraph (b) (d) any other matter required to be recorded in the Nistar Patrak by or under this Code Friday, October 30, 2020 Sec 162 Matter to be provided for in Nistar Patrak 5

Sachin Kalantre In preparing a Nistar Patrak the Collector shall, as far as possible, make provision for (a)free grazing of the cattle used for agriculture ; (b)removal free of charge by the residents of the village for their bona fide domestic consumption of any (i)forest product ; (ii)minor minerals ; (d) the concessions to be granted to the village craftsmen for the removal of articles specified in clause (b) for the purpose of their craft. Friday, October 30, 2020 Sec 163 Provision in Nistar Patrak for certain matters. 6

Friday, October 30, 2020 (1)Where the Collector is of the opinion that waste land of any village is insufficient and it is in the public interest to proceed under this section, he may after such enquiry as he deems fit, order that the residents of the village shall have a right of Nistar or a right or grazing cattle, as the case may be, in the neighboring village to the extent specified in the order. (2)The residents of a village having a right of grazing cattle in the neighboring village under sub- section (1), or Government forest may make an application to the Collector for recording their right of passage for the purpose of exercising the rights. (3)If, on enquiry into an application made under sub-section (2), the Collector finds that the rightof passage is reasonably necessary to enable such residents to excise a right to graze their cattle in any other village or in a Government forest, he shall pass an order declaring that such right of passage exists and shall state the conditions upon which it shall be exercised. Sachin Kalantre 164. Right in waste land of another village 7

Friday, October 30, 2020 (4)The Collector shall, thereupon, determine the route of passage through unoccupied land shall restrict such route in such manner as to cause minimum inconvenience to the residents of the village through which it passes. (5)The Collector may, if he thinks fit, demarcate such route. (6)Orders passed by the Collector under this section shall be recorded in the Nistar Patrak. (7)Where the village mentioned in sub-section (1) lie in different districts the following provisions shall apply, namely (a)the orders specifying the right of Nistar or the right of grazing cattle shall be passed by the Collector in whose district the village over which such right is claimed lies (b)any orders regarding route of passages shall be passed by the Collector in whose respective jurisdiction the area over which passage is allowed lies ; (c)the Collector passing an order in accordance with clauses (a) and (d)shall consult in writing the order Collector concerned. Sachin Kalantre 164. Right in waste land of another village 8

Sachin Kalantre Ø The Wajib-ul-arz is a register in which public as well as individual rights of irrigation , right of way , other easement rights and right of fishing are recorded Ø There was no provision in the Berar Land Revenue Code , 1928 for preparation of Wajib-ul-arz , but it has been incorporated in MPLR Code , 1954 because of prevalence of Malguzari system in the Central Province Districts Ø It was possible to record the rights of public or individual by the enactments . However , in the Central Province , there were large number of irrigation tanks belonging to old Malguzars which are now vested in Government and tenure holders have right of irrigation. These rights were entered in a document called Walit Parcha which show not only fields which have a right of irrigation over the tank but also give a customary procedure to exercise the rights Ø It was very cumbersome and difficult to transfer Walit Parcha to individual survey no in Form 7/12 in right column leading to disputes Ø So a separate record is kept by MLRC as Wajib-ul-arz Friday, October 30, 2020 Wajib-ul-arz 9

Friday, October 30, 2020 according to any general or special order made by the State Government in that behalf, ascertain and record the customs in each village in regard to (a)the right to irrigation or right of way or other easements, (b)the right to fishing, On any land or water belonging to or controlled or managed by the State Government or a local authority and such record shall be know as the Wajib-ul-arz of the village. (2)The record made in pursuance of sub-section (1) shall be published by the Collector in such manner as he may deem fit and it shall, subject to the decision of a civil court in the suit instituted under sub-section (3), be final and conclusive. (3)Any person aggrieved by any entry made in such record may, within one year from the date of the publication of such record under sub-section (2), institute a suit in a civil court to have such entry cancelled or modified. Sachin Kalantre Sec 165 Wajib-ul-arz (1)As soon as may be after this Code comes into force, the Collector shall, 10

Sachin Kalantre (2) The Collector may, on the application of any person interested therein or on his own motion, modify any entry or insert any new entry in the Wajib-ul-arz on any of the following grounds (a)that, all persons interested in such entry wish to have it modified ; or (b)that, by a decree in a civil suit, it has been declared to be erroneous ; or (c)that, being founded on a decree or order of a civil court or on the order of a revenue officer, it is not in accordance with such decree or order ; or (d) that, being so founded, such decree or order has subsequently been varied on appeal, revision or review ; or (e)that, the civil court has by a decree determined any custom existing in the village. Friday, October 30, 2020 Sec 165 - Wajib-ul-arz 11

Sachin Kalantre (1)The State Government may make rules for regulating, Regulation of fishing, etc. (a)fishing in Government tanks ; (b)the removal of any materials from lands belonging to the State Government. (2)Such rules may provide for the issue of permits, the conditions attaching to such permits and the imposition of fees therefor and other incidental matters. Friday, October 30, 2020 Sec 166 12

Sachin Kalantre (1)Except as otherwise provided in this Code, any person who acts in contravention of the provisions in sections 161 to 166 or rules made under section 166 or who contravenes or fails to observe any rules or custom entered in the Wajib-ul-arz or commits a breach of any entry entered in the Nistar Patrak shall be liable to such penalty not exceeding rupees one thousand as the Collector may, after giving such person an opportunity to be heard, deem fit ; and the Collector may further order confiscation of any produce, or any other produce which such person may have appropriated or removed from lands belonging to the State Government. (2) Where the Collector passes an order imposing a penalty under this section, he may direct that the whole or any part of the penalty may be applied to meeting the cost of such measures as may be necessary to prevent loss or injury to the public owing to such contravention, breach or non- observance. Friday, October 30, 2020 Sec 167 Punishment for contravention of provisions 13

Friday, October 30, 2020 Sachin Kalantre MAHARASHTRA LAND REVENUE (NISTAR PATRAK AND REGULATION OF FISHING) RULES, 1973 14

Sachin Kalantre • Subject to the provisions of Section 22, 161, 162 and 163, the Collector shall prepare a draft of a Nistar Patrak in Form A. Friday, October 30, 2020 Form of Nistar Patrak 15

Sachin Kalantre • In these rules (a)"Code" means the Maharashtra Land Revenue Code, 1966; (b)"form" means a Form appended to these rules; (c)"section" means a section of the Code; (d)"village" means a village in relation to which a Nistar Patrak is prepared or is being prepared. Friday, October 30, 2020 Definitions 16

In preparing a Nistar Patrak, the Collector shall, as far as possible, determine (a) the terms and conditions on which free grazing of cattle in a village will be permitted : (b) the terms and conditions on which and extent to which any resident of the village may obtain (i) wood, timber, fuel or any other forest produce; (ii) mooram, kankar, sand, earth, clay, stones or any other minor mineral ; Sachin Kalantre (1) Friday, October 30, 2020 Preparation of Nistar Patrak 17

(i) alter, substitute, or adjust in a suitable manner the area of land reserved for any purpose as the circumstances of the case or the interest of the community as a whole may require; (ii) form grazing timber, and fuel nistar zones in respect of more than one village; (iii) record mutual rights of neighbouring villages over the lands of each other; (iv) provide for any concession ordered by the State Government Sachin Kalantre (2) The Collector may - Friday, October 30, 2020 Preparation of Nistar Patrak 18

Sachin Kalantre • After the draft of the Nistar Patrak is prepared, it shall be published, together with a notice in Form B inviting objections or suggestions from the residents of the village and specifying a date (which shall be not less than 15 days after the date of publication) on which and the place (which may be the village Chavdi or any suitable centre in the locality) at which the objections or suggestions shall be considered. Such publication shall be done not only in the village for which the Nistar Patrak is prepared but also in other villages affected by it. Publication under this rule shall be done by posting copies on the notice board of Taluka Office and at the village Chavdi concerned; and also by beat of drum in such village. Friday, October 30, 2020 Publication of Nistar Patrak 19

Sachin Kalantre • Enquiry into objections : - On the date and at the place specified in the notice, the Collector shall enquire into the objections or suggestions, if any, and pass orders thereon. • Decisions on objections : - After the objections or suggestions, if any, are considered and disposed of, the Collector may make such modifications in the Nistar Patrak as he may deem necessary in the light of his decisions on the objections and suggestions and accordingly, finalise the Nistar Patrak. • Promulgation of final Nistar Patrak : - The final Nistar Patrak shall be read out in the village or at suitable centres, and a copy thereof shall be kept at the village Chavdi or such other suitable place in the village as may be fixed by the Collector. Friday, October 30, 2020 Preparation of Nistar Patrak 20

Sachin Kalantre • No fishing shall be permitted in, (a)any Government tank or ghat exclusively used or reserved for drinking water, except where fishing is done in a small boat with the help of nylon-grill net; (b)any Government tank used for watering cattle, whenever the Collector forbids fishing in such tank on account of actual or anticipated scarcity of water, except where the depth of the water is more than 121. 92 centimetres (or 4 feet) and where the fishing is done with the help of nylongrill nets; (c)any Government tank used for pisciculture by the Department of Fisheries, except on such terms and conditions as the Director of Fisheries may impose; Friday, October 30, 2020 Government tanks where fishing prohibited 21

as a sanctuary ghat on which fish are fed on religious grounds, in any Government tank not falling under any of the categories (a), (b) or (c); (e) any tank stocked with carps, except with the permission of the Director of Fisheries; (f) in any Government tank in which the Department of Fisheries does the work of fishery development or by a Co-operative Society except on such terms and conditions as may be imposed by the Director of Fisheries. Sachin Kalantre (d) any ghat exclusively used or reserved for bathing, or Friday, October 30, 2020 Government tanks where fishing prohibited 22

Sachin Kalantre (1)Where it is proposed to grant the right to fish and carry away the fish caught in any Government tank under a permit referred to in sub-section (2) of Section 166, the Tahsildar shall consult with the village panchayat, and where there is no village panchayat with the adult villagers and the local or the District Officer of the Department of Fisheries. (2)In deciding whether or not any such fishing rights in respect of any tank should or should not be granted shall be had to (a)the opinion of the village panchayat, or as the case may be, of the villagers, the local or the District Officer of the Department of Fisheries; and Friday, October 30, 2020 Procedure for granting fishing rights in Government tanks 23

Sachin Kalantre (b)the claims of the local fishermen who have been holding such rights in the past: • Provided that, preference shall be given to co-operative societies of fishermen in the village or area in which the tank is situate and if there are no such co-operative societies or if any of the cooperative societies functioning in the village are not interested in being granted fishing rights, then to the fishermen who, in the opinion of the Collector, have in the past taken interest to fishery development either by duly fishing in tanks or stocking such tanks with better varieties of baby fish or by raising fish-seed or netting grown up fish either by groups themselves or through their cooperative societies. Friday, October 30, 2020 Procedure for granting fishing rights in Government tanks 24

Sachin Kalantre (1) The right to fish and carry away the fish caught in any Government tank may be granted under a permit in Form C, and shall be for a period of not less than five years by negotiation with the cooperative societies of fishermen or the other persons referred to in Rule 10, and if such societies or persons are not forthcoming or are not agreeable to the terms and conditions of the grant, then the aforesaid rights shall be disposed of by auction. (2)The fees to be paid in respect of the permit shall be fixed on the basis of average realisations of the past three years excluding realisations which in the opinion of the Tahsildar are abnormal. (3)The grant shall be subject to the condition that the existing nistar rights of the villagers shall not be interfered with and that in case of any dispute, the order passed by the Collector shall be final. Friday, October 30, 2020 Grant of fishing right 25

(1) Khasra No. , Survey No. or Hissa No. (2) Area in hectares (3) Remarks (4) • Land already occupied. . • Additional land declared gaothan in nistar • Land set apart in gaothan for special purposes. Friday, October 30, 2020 _____ Sachin Kalantre FORM 'A' (See Rule 3) NISTAR PATRAK Gaothan Note. - Against Head No. 3, write the special purposes in the remarks column. Burial and burning ground 26

(1) 1. Existing 2. Reserved for future need 3. Special customs, if any (2) (3) Remarks (4) Friday, October 30, 2020 Khasra No. , Survey No. Area in hectares or Hissa No. Sachin Kalantre _____ 27

Khasra No. , Survey No. Area in hectares or Hissa No. (1) (2) 1. Existing 2. Reserved for future needs … … (3) Remarks (4) Sachin Kalantre _____ Friday, October 30, 2020 Gaothan 28

Khasra No. , Survey No. Area in hectares or Hissa No. (1) (2) 1. Existing 2. Reserved for future needs … … (3) Remarks (4) Sachin Kalantre _____ Friday, October 30, 2020 Excamping ground 29

Khasra No. , Survey No. Area in hectares or Hissa No. (1) (2) 1. Existing 2. Reserved for future needs … … (3) Remarks (4) Sachin Kalantre _____ Friday, October 30, 2020 Threshing floor 30

Khasra No. , Survey No. Area in hectares or Hissa No. (1) (2) 1. Existing 2. Reserved for future needs … … (3) Remarks (4) Sachin Kalantre _____ Friday, October 30, 2020 Bazar 31

Khasra No. , Survey No. Area in hectares or Hissa No. (1) (2) 1. Existing 2. Reserved for future needs … … (3) Remarks (4) Sachin Kalantre _____ Friday, October 30, 2020 Skinning ground 32

Khasra No. , Survey No. or Hissa No. (1) (2) 1. Existing 2. Reserved for future needs … … Area in hectares Remarks (3) (4) Friday, October 30, 2020 _____ Sachin Kalantre Land outside gaothan reserved for public purpose 33

Serial No. (1) Names of villages forming zones (2) Saza No. (3) Circle Inspector Circle (4) Khasra No. Survey No. or Hissa No. (5) Area in hectares Remarks (6) (7) Sachin Kalantre Land reserved for general grazing Friday, October 30, 2020 Grazing 34

Serial No. (1) Villages forming zones (2) Khasra No. , Survey No. or Hissa No. (3) Area hectares (4) Remarks (5) Friday, October 30, 2020 Sachin Kalantre A - ZONES FOR TIMBER AND FUEL, ETC. A List of Villages Forming Zones from which Nistar can be taken for Agricultural purposes 35

(1) Villages forming zones (2) Khasra No. , Survey No. or Hissa No. (3) Area hectares (4) Remarks (5) Friday, October 30, 2020 Serial No. Sachin Kalantre B. LAND RESERVED FOR GROWING OF GRASS, TREES, ETC, TO PREVENT EROSION OR FUEL-CUM-FODDER RESERVES 36

(1) Kind of occupational nistar (2) Names of Khasra No. , villages or Survey No. or forest from Hissa No. which nistar can be obtained (3) (4) Area in hectares Remarks (5) (6) Sachin Kalantre Serial No. Friday, October 30, 2020 OCCUPATIONAL NISTAR 37

Rights over Trees on Government Lands Details of roads and paths (1) (2) 1. Permanent (metalled roads ). . …. . Survey No. or Hissa No. Khasra No. of roads or Khasra No. through which the road passes (3) Sachin Kalantre Serial No. Friday, October 30, 2020 Village Roads, Paths and Rights over them 2. Permanent (Khachcha roads). . …. . 3. Seasonal roads . . …. . 4. Permanent footpaths . . …. . 5. Seasonal footpaths . . …. . 38

Conditions, if any, attached to the use of the road Remarks (4) (5) (6) (7) Friday, October 30, 2020 Direction of the roads and paths Sachin Kalantre Width of road Note: - If any Khasra number shown in column (3) is occupied, the fact be mentioned in the remarks column. 39