The Maharashtra Land Revenue Restoration of Occupancy (Unauthorisedly Transferred by Occupants Belonging to Scheduled Tribes) Rules, 19691
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THE MAHARASHTRA LAND REVENUE RESTORATION OF OCCUPANCY (UNAUTHORISEDLY TRANSFERRED BY OCCUPANTS BELONGING TO SCHEDULED TRIBES) 1 RULES, 1969 In exercise of the powers conferred by clause (xiii) of sub-section (2) of the section 328 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) and in supersession of all previous rules made in this behalf and continued in force by virtue of the third proviso to Section 336 of said Act, the Government of Maharashtra hereby Makes the following rule, the same having been previously published as required by sub-section (1) of section 329 of the said Code, namely: - 1. Short Title: - These rules may be called the Maharashtra Land Revenue Restoration of occupancy (Unauthorisedly Transferred by Occupants belonging to Schedule Tribes) Rules, 1969. 2. Application under Section 36(3) 2[or restoration of land transferred to member of schedule tribes)] and procedure for disposal thereof - Every application under sub-section (3) of section 36 2[for restoration of possession of any land transferred to a person belonging to a schedule Tribes in contravention of sub-section (2) of Section 36] shall be accompanied by an extract of the relevant entry from the record of rights, and register of mutation in relation to the occupancy is alleged have been transferred. 3. Service of notice- After receipt of the application, and after verifying from his records, if the Collectors thinks there is reasonable ground for believing that the Collector's sanction was not taken for the transfer (which grounds he shall record in writing), the Collector shall cause notice in Form A to be served on the transferor (if he is not applicant) and on the transferee, calling upon them to show cause why the transfer should not be set aside and the notice shall specify the date for hearing the application. 4. Examination of parties- On the date fixed for hearing or any other date to which the hearing may be adjourned, the collector may examine the parties, and after recording the statements of any witness whom they produce, and making such Enquiry as he may consider necessary, shall record a finding whether or not the transfer is made with the previous sanction of the collector, as required by sub-section (2) of Section 36, if the finding is that the transfer is made with the previous sanction of the Collector, the application shall be rejected. 5. Power of Collector to enquiry into application of transfer - (1) If the Collector records a finding that the transfer is made without the previous sanction of the Collector, he shall adjourn the proceeding for less than sox weeks, and cause to be server notice in Form B. (a) on all persons who seem to him prima facie to have a right in the occupancy equal or prior to that of the applicant; and [email protected] Page 1 (b) on persons to whom the transferor may appear to be indebted for any dues which form a charge on the occupancy. (2) The Collector shall at the same time cause a proclamation to be issued in Form C, and shall cause it to be published in the village I which the occupancy is cultivated. (3) The Collector shall also at the same time direct the Tahsildar concerned to submit a statement of Government claim regarding arrears of land revenue, tagi and other dues which form a charge on the occupancy. (4) No claim for being in possession or an account of any dues which form a charge on the occupancy shall be considered, unless it is put forward on or before the date specified in the notice and the proclamation issued under Rule 5. 6. Power of Collector to record finding and proceeding to followed thereafter: - (1) On the date fixed in the notice and proclamation issued under Rule 5 or any other date to which the proceedings may be adjourned the collector shall consider the objection to the applicant's claims for being placed in possession of the occupancy, and record his findings thereon. (2) If the finding is that the applicant or any other person is entitled to be placed in possession of the occupancy, the collector shall prepare a statement in Form 'D' containing arrears of land revenue or any other dues constituting charge on the occupancy and hand it over to such applicant or person who shall make a statement in a Form 'E' as to his acceptance of the liability for same. (3) If the applicant or such person agrees to pay the arrears of dues mentioned in Form 'D', the collector shall issue an order for giving possession of the occupancy to him. If the applicant or such person does not agree to pay such arrears, the case shall be filed. 7. Copy of order under Rule 6 to be sent to Tahsildar- A copy of the issued under Rule 6 shall be sent to the Tahsildar concerned who shall direct the Talathi of the village concerned to take necessary action for correcting entries in the record of rights of the village in accordance with such order. 8. Premium for re-classification of occupancy- Subject to the provisions of clause (c) of sub-section (1) of Section 29, the premium to be paid under sub- section (4) of Section 36 for re-classifying the occupant as occupant shares shall be 50 per cent of the difference between the current market value the occupancy and the occupancy price originally paid the value of improvements, if made by the occupant. [email protected] Page 2 FORM 'A' (See Rule 3) Notice to Transferee and to Transferor Before the …………………….. at ……………………………………………………. In the case of …………………………………………………………………………… …………. No of case ……………………………………… To, Son of ……………….. resident of …………of village …………. Taluka ………………………. District ……………………… Whereas ………………………. son of ……………….. resident of ……… village ……………. Taluka …………………….. district ……………………………. Has under sub-section (3) of Section 36 of the Maharashtra Land Revenue Code, 1966 applied to set aside the transfer made by ……………. son of …………… occupation. …………………… resident of village ……………………………. Taluka ………… ……… district ……………….. in respect of the occupancy described in the schedule hereto, situated in village …………………… taluka ………………………. District …………………. and to put him in possession thereof, you are hereby called upon to show cause why the said transfer should not set aside, by appearing personally or through your legal practitioner or agent at …………………… on …………………. Day of ………………….. 19 Seal of the Collector Collector. …….. Date 19 SCHEDULE Occupancy Survey No. / Plot No. Area Right Revenue 1 2 3 4 5 FORM 'B' [See Rule 5(1)] Notice to person having prima facie right to occupancy and creditors. Before the In the case of ……………… No. of case ………………... To, Son of ……………….. resident of …………of village …………. Taluka ………………………. District ……………………… Whereas ………………………. son of ……………….. resident of ……… village ……………. Taluka …………………….. district ……………………………. Has under sub-section (3) of Section 36 of the Maharashtra Land Revenue Code, 1966 applied to set aside the transfer made by ……………. son of …………… occupation. …………………… resident of village ……………………………. Taluka ………… ……… district ……………….. in respect of the occupancy described in the schedule hereto, situated in village ……….. taluka ……… District ……………. and to put him in possession thereof, you are informed that you should appear either personally or [email protected] Page 3 through your legal practitioner or agent at …………on ……….. day of …… 19… and submit in the above mentioned case- (if the notice is to the person prima facie right to occupancy0, you claims, if any, for being placed in possession of the occupancy in question. (if the notice is to the creditors), you claims, if any, regarding any dues which form a charge on the occupancy. In the event of your failure to appear and submit your claim, it will be assumed that you have no claim to the said occupancy. Seal of Collector Collector. Dated 19 SCHEDULE Occupancy Survey No. / Plot No. Area Right Revenue 1 2 3 4 5 FORM 'C' [See Rule 5(2)] Proclamation Before the In the case of ……………… No. of case ………………... To, Son of ……………….. resident of …………of village …………. Taluka ………………………. District ……………………… Whereas ………………………. son of ……………….. resident of ……… village ……………. Taluka …………………….. district ……………………………. Has under sub-section (3) of Section 36 of the Maharashtra Land Revenue Code, 1966 applied to set aside the transfer made by ……………. son of …………… occupation. …………………… resident of village ……………………………. Taluka ………… ……… district ……………….. in respect of the occupancy described in the schedule hereto, situated in village ……….. taluka ……… District ……………. and to put him in possession thereof. And whereas , it has been found that the said transfer was made in contravention of sub-section (2) of Section 36 of the said Code; Now, therefore, all persons who may claim to heirs of the transferor all creditors to whom the said transferor may be indebted for advances to which form a charge on the said occupancy, and all persons who may either to be heard, are hereby informed that they should appear either personally or through their legal practitioner or agent and put forwarded their claims in retaliation to the occupancy at … a.m./p.m. on …… at ……. [email protected] Page 4 In the event of failure so to appear and put forth the claim on the date and at the place mentioned above, no claim or objection will be considered. Seal of the Collector Collector. Dated ………… 19 SCHEDULE Occupancy Survey No. / Plot No. Area Right Revenue 1 2 3 4 5 FORM 'D' [See Rule 6(2)] Statement of the arrears of land revenue or other dues forming charges on the occupancy Before the ………………………. at ………………… In the case of ………………………… at ……………. No. of case …………………………………………… Name of Survey Area Land revenue Amount Amount Particu Total village with No./ plot of of tagai lars of settlement No. arrears under other number of land appropriat debts revenue e heads charge d on the occupa ncy 1 2 3 4 5 6 7 8 Rs.