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Deputy Collector FOUNDATION BATCH

Deputy Collector FOUNDATION BATCH. WELCOME TO YASHADA Presented By : Sachin Kalantre. Sec 161 – Nistar Patrak 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

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Deputy Collector FOUNDATION BATCH

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  1. Deputy CollectorFOUNDATION BATCH WELCOME TO YASHADA Presented By : Sachin Kalantre Sachin Kalantre

  2. Sec 161 – Nistar Patrak 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 Sachin Kalantre

  3. Community Rights • 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

  4. Sec.161NistarPatrak  (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. Sachin Kalantre

  5. Sec 162Matter to be provided for in NistarPatrak The following matters shall be provided in a NistarPatrak, 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 NistarPatrak by or under this Code Sachin Kalantre

  6. Sec 163Provision in NistarPatrak for certain matters. In preparing a NistarPatrak 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. Sachin Kalantre

  7. 164.Right in waste land of another village (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

  8. 164.Right in waste land of another village (4)The Collector shall, thereupon, determine the route of passage through unoccupied land and 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

  9. Wajib-ul-arz  • 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 • 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 • 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 • It was very cumbersome and difficult to transfer Walit Parcha to individual survey no in Form 7/12 in right column leading to disputes • So a separate record is kept by MLRC as Wajib-ul-arz Sachin Kalantre

  10. Sec 165Wajib-ul-arz  (1)As soon as may be after this Code comes into force, the Collector shall, 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

  11. Sec 165 - Wajib-ul-arz (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. Sachin Kalantre

  12. Sec 166 (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. Sachin Kalantre

  13. Sec 167Punishment for contravention of provisions (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. Sachin Kalantre

  14. MAHARASHTRA LAND REVENUE (NISTAR PATRAK AND REGULATION OF FISHING) RULES, 1973 Sachin Kalantre

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

  16. Definitions • 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. Sachin Kalantre

  17. Preparation of NistarPatrak (1) 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

  18. Preparation of NistarPatrak (2) The Collector may - (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

  19. Publication of NistarPatrak • 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. Sachin Kalantre

  20. Preparation of NistarPatrak • 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. Sachin Kalantre

  21. Government tanks where fishing prohibited • 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 nylon-grill 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; Sachin Kalantre

  22. Government tanks where fishing prohibited (d) any ghat exclusively used or reserved for bathing, or 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

  23. Procedure for granting fishing rights in Government tanks (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 Sachin Kalantre

  24. Procedure for granting fishing rights in Government tanks (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 co-operative 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 co-operative societies. Sachin Kalantre

  25. Grant of fishing right (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 co-operative 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. Sachin Kalantre

  26. FORM 'A'(See Rule 3)NISTAR PATRAKGaothan • Land already occupied.. .. • Additional land declared gaothan in nistar • Land set apart in gaothan for special purposes. Sachin Kalantre

  27. Sachin Kalantre

  28. Gaothan Sachin Kalantre

  29. Excamping ground Sachin Kalantre

  30. Threshing floor Sachin Kalantre

  31. Bazar Sachin Kalantre

  32. Skinning ground Sachin Kalantre

  33. Land outside gaothan reserved for public purpose Sachin Kalantre

  34. Grazing Sachin Kalantre

  35. A - ZONES FOR TIMBER AND FUEL, ETC.A List of Villages Forming Zones from which Nistar can be taken for Agricultural purposes Sachin Kalantre

  36. B. LAND RESERVED FOR GROWING OF GRASS, TREES, ETC, TO PREVENT EROSION OR FOR FUEL-CUM-FODDER RESERVES Sachin Kalantre

  37. OCCUPATIONAL NISTAR Sachin Kalantre

  38. Sachin Kalantre

  39. Sachin Kalantre Note: - If any Khasra number shown in column (3) is occupied, the fact be mentioned in the remarks column.

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