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MADHYA PRADESH ABOLITION OF PROPRIETARY RIGHTS (ESTATES, MAHALS, ALIENATED LANDS) ACT, 1950
(1) This Act may be cited as Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950.
(2) It extends to the whole of 1[Madhya Pradesh].
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1. Madhya Pradesh means Mahakoshal Region vide M.P.A.L.O., 1956.
In this Act, unless there is anything repugnant in the subject or context,-
(a) 1["Central Provinces" means the Mahakoshal region, excluding the area comprised in the merged territories].
(b) in relation to the Central Provinces, any expression not herein defined but used or explained in 2[the Central Provinces and Land Revenue Act, 1917 (II of 1917)], or the Central Provinces Tenancy Act, 1920 (I of 1920), and the Central Provinces Settlement Act, 1929 (VI of 1929), shall have the meaning therein assigned to it;
(c) in relation to the merged territories any expression not herein defined but used, defined or explained in the Central Provinces States Land Tenure Order, 1949, or the Makrai State Land Tenure Order, 1949, or the Central Provinces Land Revenue Act, 1917 (II of 1917), shall have the
(1) Save as otherwise provided in this Act, on and from a date to be specified by a notification by the State Government in this behalf, all proprietary rights in an estate, mahal, alienated village or alienated land, as the case may be, in the area specified in the notification, vesting in a proprietary of such estate, mahal, alienated village, alienated land, or in a person having interest in such proprietary rights through the proprietor, shall pass from such proprietor or such other person to and vest in the State for the purposes of the State free of all encumbrances.
(2) After the issue of a notification under sub-section (1), no right shall be acquired in or over the land to which the said notification relates, except by succession or under a grant or contract in writing made or entered into by or on behalf of the State; and no fresh clearings for cultivation or for any othe
(1) When the notification under Section 3 in respect of any area has been published in the Gazette, then, notwithstanding anything contained in any contract, grant or document or in any other law for the time being in force and save as otherwise provided in this Act, the consequences as hereinafter set forth shall, from the beginning of the date specified in such notification (hereinafter referred to as the date of vesting) ensue, namely-
(a) all rights, title and interest vesting in the proprietor or any person having interest in such proprietary right through the proprietor in such area including land (cultivable or barren), grass land, scrub jungle, forest, trees, fisheries, wells, tanks, ponds, water channels, ferries, pathways, village sites, hats, bazars and melas; and in all sub-soil, including rights, if any, in mines and minerals, whether being worked or not, shall cease a
Subject to the provisions in 1[* * *]-
(a) all open enclosures used for a agricultural or domestic purposes and in continuous possession for twelve years immediately before 1948-49; all open house-sites purchased for consideration; all buildings; places of worship; wells situated in and trees standing on lands included in such enclosures or house-sites or land appertaining to such buildings or places of ownership; within the limits of a village-site belonging to or held by the outgoing proprietor or any other person, shall continue to belong to or be held by such proprietor or other person, as the case may be; and the land thereof with the areas appurtenant thereto shall be settled with him by the State Government on such terms and conditions as it may determine;
(b) all private wells and buildings on occupied land belonging to or held b
The Madhya Pradesh Abolition of Proprietary Rights Act, 1950 (hereinafter "the Act") was enacted to abolish proprietary rights of landholders, zamindars, and intermediaries in estates, mahals, and alienated lands, vesting such rights in the State. Section 5 of the Act deals specifically with properties that shall continue in possession of the proprietors or persons holding certain rights, despite the vesting provisions. It aims to specify the types of properties and rights that are preserved or continue in possession post-vesting, and under what conditions.
Section 5 enumerates properties and rights that are to continue in possession of the proprietors or certain other persons after the vesting of proprietary rights in the State. Key provisions include:- Certain properties, such as buildings, tanks, trees, and other assets, shall continue in possession of the proprietors or persons holding rights immediately before the vesting.- The rights of proprietors or holders of properties, including tanks and trees, are preserved to some extent, subject to specific conditions.- Subsection (d) explicitly states that all trees standing on occupied land, other than land used for agricultural or other specified purposes, shall continue to belong to or be held by such proprietors or persons.- The interest of the proprietor so acquired shall not be liable to attachment or sale in execution of any decree or process of any Court, civil or criminal.
Section 5 itself does not prescribe any penal provisions or punishments. Its primary function is to specify properties and rights that shall continue or be protected in possession of proprietors or holders. Any violations, such as attachment or sale of properties protected under Section 5, would be subject to general penal provisions under the law, such as penalties for illegal attachment or sale, but these are not explicitly laid down in Section 5.
Section 5 of the Madhya Pradesh Abolition of Proprietary Rights Act, 1950, plays a crucial role in safeguarding certain properties and rights of proprietors and holders immediately before the vesting of rights in the State. While it provides protection against attachment and sale, its scope is limited to properties in actual possession and used for specified purposes, notably buildings, tanks, and trees on occupied land. Judicial decisions have clarified the interpretation of what constitutes protected properties, emphasizing actual possession and use, and excluding properties not in use or not used for protected purposes. The section does not prescribe penalties but ensures legal safeguards to prevent arbitrary dispossession of protected assets.
Note: All references are based on the provided sources and judicial pronouncements interpreting Section 5 of the Act.
(1) Except as provided in sub-section (2), the transfer of any right in the property which is liable to vest in the State under this Act made by the proprietor at any time after the 16th March, 1950 shall, as from the date of vesting, be void.
(2) Where on application of the transferor or the transferee the Collector is satisfied that any transfer of property referred to in sub-section (1) was made by a proprietor in good faith and in the ordinary course of village management, he may declare that the transfer shall not be void after the date of vesting.
1[Collector] to take possession of property vesting in the State
On the date of vesting, the Collector shall take charge of all lands, other than occupied lands and homestead and of all interests vesting in the State under Section 3.
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1. Substituted by M.P.A.L. (Second) Order, 1957.
(1) The State Government shall pay to every proprietor, who is divested of proprietary rights, compensation determined in accordance with the rules contained in Schedule I.
(2) In addition to the compensation payable under sub-section (1), the State Government shall pay to the proprietor any amount which he proves to the satisfaction of the Compensation Officer appointed under Section 11 to have spent after the 11th March, 1949, on any tank, well or any other work used for irrigating agricultural land where such tank, well or work vests in the State Government by virtue of this Act.
(3) In addition to the amount payable under sub-section (1), the State Government shall, in the case of land lying within the area of any municipality or cantonment and vesting in the State under this Act, pay to the proprietor compensation calculated in acco
The compensation payable under Section 8 may, in accordance with the rules made in this behalf, be paid in one or more of the following modes, namely;-
(i) in cash in full or in annual installments not exceeding thirty;
(ii) in bonds either negotiable or not negotiable carrying interest at the rate specified in sub-section (4) of Section 8 and of guaranteed face value maturing within a specified period not exceeding thirty days.
Where the amount of compensation is not paid to a proprietor within a period of six months from the date of vesting, the State Government shall, subject to such restrictions and conditions as to security, repayment or otherwise as may be prescribed, direct the payment to each such proprietor of interim compensation which shall be equal to one-tenth of the estimated amount of compensation.
The State Government shall for the purpose of assessment of compensation to be paid in accordance with Section 8, appoint for any specified area one or more Revenue Officers, and such officers shall be designated as Compensation Officers.
(1) Every proprietor who is divested of proprietary rights by virtue of a notification issued under Section 3 shall, within such period as may be prescribed, file a statement of claim in the prescribed form and specify therein the following particulars, namely:-
(i) name of the outing proprietor;
(ii) the extent of share of each proprietor where there are more proprietors than one;
(iii) the amount of gross income and expenditure and profits from various sources referred to in Schedule I;
(iv) details of any leases entered into in regard to any lands, forest or fisheries together with the names of lessees;
(v) such other particulars as may be prescribed.
(2) Ev
(1) On receipt of the statement of claim, or if no such claim is received within the prescribed period, the Compensation Officer shall, after making such enquiry as he thinks fit and giving an opportunity to the claimant to be heard, decide the amount of compensation due to the claimant and record in a statement in the prescribed form, the details of the land which shall vest in the State Government after its acquisition in lieu of the payment of such compensation and such other details as may be prescribed.
(2) The Compensation Officer shall assess the amount of compensation payable for the whole estate, mahal or alienated village as one unit and shall then determine the amount due to each claimant in accordance with sub-sections (3), (4) and (5).
(3) Where there are co-sharers, the amount of compensation shall be distributed between th
(1) If, during the course of an enquiry by the Compensation Officer, any question is raised regarding the proprietary right in any property divested under Section 3 and such question has not already been determined by a Court of competent jurisdiction, the Compensation Officer shall proceed to enquire summarily into the merits of such question and pass such orders as he thinks fit.
(2) The order of the Compensation Officer under sub-section (1) shall not be subject to any appeal or revision, but any party may, within two months from the date of such order, institute a suit in the Civil Court to have the order set aside, and the decision of such Court shall be binding on the Compensation Officer, but subject to the result of such suit, if any, the order of the Compensation Officer shall be final and conclusive.
(1) Any person aggrieved by the decision given or the record made under Section 13 by the Compensation Officer may appeal to the 1[Collector] if the amount of compensation assessed by the Compensation Officer does not exceed one thousand rupees and to the Settlement Commissioner, if it exceeds, one thousand rupees, within forty-five days from the date of the supply to the proprietor of the copy of the statement under sub-section (6) of Section 13.
(2) The Settlement Commissioner may, at any time for the purpose of satisfying himself as to the legality or propriety of any order passed by, or as to the regularity of the proceedings of, the Compensation Officer, call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference there to as he thinks fit :
Provided that he shall not
Except an authority before whom an appeal under this Chapter is pending against an order of the Compensation Officer no Court or authority shall, notwithstanding anything contained in any law for the time being in force, issue any injunction against any person in respect of any proceedings pending before the Compensation Officer under this Chapter which shall have the effect of staying the proceedings.
In this Chapter-
(a) "secured debt" or "secured claim" means a debt or claim subsisting on the date of vesting, whether due or not due, and secured by the mortgage of or a charge on the proprietary rights divested under Section 3 but shall not include land revenue or anything recoverable as land revenue or any money for the recovery of which a suit is barred by limitation;
(b) "creditor" means a person to whom a secured debt or claim is owning and "debtor" means the person by whom such debt is owed;
(c) "excluded debt" refers to secured claims due in respect of-
(i) any liability in respect of any sum due to any society registered or deemed to be registered under the Co-operative Societies Act, 1912 (II of 1912);
&nb
The State Government shall, for the purpose of determining, the manner provided in this Chapter, the amount of secured debts or claims owed by proprietors divested of proprietary rights under this Act, appoint for any specified area, one or more Revenue Officers as Claims Officers.
(1) Every proprietor who is divested of proprietary rights under Section 3 shall within such period as may be prescribed file an application before the Claims Officer having jurisdiction specifying the amounts and particulars of all secured debts and claims against him together with the names and residence of his creditors.
(2) Any creditor of a proprietor divested of proprietary rights under Section 3 may, within the period prescribed under sub-section (1), file an application to the Claims Officer having jurisdiction specifying therein the amount and particulars of his secured debt or claim against such proprietor.
(3) An application under sub-section (1) or (2) shall contain such further particulars as may be prescribed and shall be signed and verified in accordance with the manner prescribed by the Code of Civil Procedure, 1908 (V of
(1) Upon receipt of an application under Section 19 if the Claims Officer finds that any suit or proceeding is pending against the proprietor for the recovery of any amount in respect of a secured debt or claim he shall, issue a notice to the Court concerned and thereupon such suit or proceeding shall be stayed.
(2) Where the Claims Officer finds that the properties vesting in the State under Section 3 of a debtor extend over areas within the jurisdiction of more than one Claims Officer he shall refer the case of such debtor to the Settlement Commissioner for orders as to the Claims Officer shall deal with the case of such debtor.
(3) On receipt of such reference, the Settlement Commissioner may, after hearing the debtor, if necessary, pass an order specifying the Claims Officer who shall deal with the case and send a copy of his order t
(1) The Claims Officer shall pass an order fixing a date for hearing and shall cause a notice of the date of hearing together with a copy of the application received to be served on the creditors and the debtors and shall cause copies of such application to be affixed to the Court house.
(2) On the date fixed for hearing, any creditor may object to the proceedings on the ground that the debtor does not earn his livelihood wholly or mainly from agriculture or from rents or lease-money received from agriculture land.
(3) The Claim Officer may, after such enquiry, as he thinks fit, pass an order rejecting or allowing the objection.
(4) If the objection is allowed nothing hereinafter contained in this Chapter except Section 34 shall apply to the secured debts or claims against any such debtor.
(1) When the Claims Officer orders that the proceedings shall continue, he shall fix a date not earlier than one month and on or before such date, every creditor shall file a written statement of his claim signed and verified in the manner prescribed by Order VI, Rule 15 of the Code of Civil Procedure, 1908 (V of 1908). Such statement shall be submitted in person or by an agent authorized in writing or by registered post and every claim not so submitted shall be deemed for all purposes and all occasions to have been discharged as against such debtor :
Provided that if a creditor files a statement of claim within a further period of two months and satisfies the Claims Officer that such creditor was for good and sufficient cause unable to file the same before the date fixed for hearing, the Claims Officer may revive the claim.
(2) On the d
(1) On the date fixed for the hearing of the case, or on any subsequent day to which the hearing may be adjourned, the Claims Officer shall require proof of the validity and subsisting character of the secured debt or claim.
(2) Where the debtor objects to the claim preferred by any creditor on the ground that the debt was not incurred or that is not binding on the debtor, the Claims Officer shall not determine the amount due on any such claim and nothing contained in Sections 24 to 27 shall apply to any such claim.
(1) The Claims Officer shall, notwithstanding anything contained in any other enactment for the time being in force, reopen all transactions made twelve years before the last transaction or before the last January, 1932, whichever is earlier and, as far as may be, ascertain in respect of each loan the date on which it was originally advanced. He shall, notwithstanding the provisions of any agreement or law to the contrary, calculate the interest due at six per centum per annum or such lower rate of interest as may have been agreed upon between the parties. He shall also determine the amount of principal, if any, of each loan which would have remained unpaid if the calculation of interest had been made as herein provided.
(2) If the Claims Officer finds that the loan was originally advanced prior to the 1st January, 1932, then he shall reduce the principal determined under sub-secti
The Claims Officer shall, where there are two or more creditors, settle the order in which each creditor shall be entitled to receive the amount due to him. In doing so, he shall, as far as may be, be guided by the appropriate provisions of the Transfer of Property Act, 1882 (IV of 1882).
The compensation payable to the proprietor under Chapter III shall be distributed between the secured creditors in the order of their priority and if there are more than one such creditors holding the same order of priority, it shall be distributed rate ably between them in proportion to the amounts determined due.
If the Claims Officer finds that the amount of compensation is not sufficient to satisfy the claims determined under Section 24, he shall record an order specifying-
(a) the amount remaining unpaid in respect of each claim;
(b) the name of the creditor to whom it is due; and
(c) the particulars of the property remaining encumbered in respect of each claim.
Any creditor in whose favour an order under Section 27 has been passed may within one year apply to Civil Court for passing a preliminary decree for sale of the encumbered property and the Civil Court shall accordingly pass a preliminary decree for said fixing such time for payment as it may deem fit.
(1) Any creditor who applies to a Civil Court under Section 28 shall be liable to pay such court-fee upon the amount declared as due as he would be liable to pay upon a plaint filed for the recovery of the same and the Civil Court shall not proceed with the application until such court-fee has been paid :
Provided that no court-fees shall be payable if court-fees have already been paid in respect of a debt.
(2) The amount of court-fee paid by the creditor shall form costs of the proceeding and be recoverable from the debtor.
Any person aggrieved by an order of a Claims Officer may, within forty-five days of such order, file an appeal before the Board of Revenue which may, after hearing the parties, pass such orders as it thinks fit.
Any authority passing any order under this Chapter may on its own motion at any time or on the application from any person interested made within thirty days of the passing of an order, review an order passed by it and pass such order in reference thereto as it thinks fit:
Provided that no order shall be varied or revised unless notice has been given to the person interested to appear and be heard in support of such order.
The decision of the appellate authority and where no appeal has been preferred, the decision of the Claims Officer shall, subject to the provision of Section 31, be final and conclusive.
The jurisdiction of the Civil Courts shall, except as otherwise provided in this Act, be barred in respect of-
(a) any matter pending before a Claims Officer;
(b) the claim for any secured debt or claim which has been discharged or deemed to have been discharged under Section 22;
(c) the recovery of any secured debt or claim determined under Section 24 except in the manner provided for in Section 28.
In calculating the period of limitation for any suit filed in, or proceedings before, Civil Court in respect of any secured debt or claim which was the subject of any proceedings under this Chapter, the time during which such proceedings had continued shall be excluded.
(1) If in any case the decision of the Compensation Officer in regard to the amount of compensation payable to a proprietor is modified in appeal, after the disposal of such appeal and in any other case after the time for appeal is over, such officer shall forward to the 1[Collector] to whom he is subordinate or if any proceedings for determination of debt have been started under Chapter IV, to the Collector of the district where such proceedings are continuing, all papers of the enquiry together with the statement showing the final amount of compensation payable to the proprietor.
(2) The Collector shall then ascertain if any proceeding for the determination of debt is pending against the proprietor before the Claims Officer and, if so shall await his decision.
(3) After the amount of compensation payable to a proprietor is decided upon
(1) On an application made in that behalf by a secured creditor, the debt or claim owing to whom has not been determined by the Claims Officer by reason of an order under Section 21 or sub-section (2) of Section 23, the Collector shall pass an order withholding the payment of compensation to the proprietor in question for a period of three months from the date of the order.
(2) If within the said period of three months the Collector receives any order from any Court requiring the Collector to place at its disposal the whole or part of the amount of compensation payable to the proprietor concerned, the Collector shall comply with the order of the Court.
The provisions of this Chapter shall apply to the Central Provinces.
1[Omitted.]
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1. Sections 38 to 47 were omitted by MP. Act II of 1955, Section 238, Schedule III.
(1) If the 1[Collector] finds that in any village no land is reserved for the grazing of cattle or that the land so reserved is insufficient he may declare such area as he considers necessary as reserved for the purpose from out of the area specified below :
(a) any area vesting in the State and situate within the limits of the village;
(b) any area settled with the proprietor under Section 40;
(c) any area recorded as khudkasht of the proprietor, but brought under cultivation by him after the agricultural year 1945-46.
(2) Where any area referred to in clause (b) or (c) of sub-section (1) is reserved as the grazing land of a village the proprietor shall be paid compensation which shall be equal to the expense incurred by him in bringing the said la
1 [Omitted.]
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1. Sections 49 to 51 were omitted by M.P. Act II of 1955, Section 238, Schedule III.
The provisions of this Chapter shall apply to the merged territories.
1[Omitted.]
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2. Sections 53 to 63 were omitted by M.P. Act II of 1955, Section 238, Schedule III.
(1) If the Collector finds that in any village no land is reserved for the grazing of cattle or that the land so reserved is insufficient he may declare such area as he considers necessary as reserved for the purpose from out of the area specified below :
(a) any area vesting in the State and situate within the limits of the village;
(b) any area reserved to the proprietor under Section 54;
(c) any area held by the proprietor as malik-makhuza under Section 53 and brought under cultivation by the proprietor after the 1st day of January, 1948.
(2) Where any area referred to in clause (b) or (c) of sub-section (1) is reserved as the grazing land of a village the proprietor shall be paid compensation which shall be equal to the expense incurred by him i
1[* * *]
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1. Section 65 was omitted by M.P. Act II of 1955, Section 238, Schedule III.
1[Omitted.]
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1. Sections 66 to 70 were omitted by M.P. Act II of 1955, Section 238, Schedule III.
The Madhya Pradesh Abolition of Proprietary Rights Act, 1950, aims to abolish proprietary rights in estates, mahals, and alienated lands, vesting these rights in the State. Sections 66 to 70 form a crucial part of the Act, dealing with specific procedural and substantive provisions related to the transfer, vesting, and legal consequences of proprietary rights.
Section 66 pertains to the validity of transfers made after the commencement of the Act. It generally declares that transfers of proprietary rights made in contravention of the provisions of the Act are void, ensuring that proprietary rights are not alienable outside the framework established by the Act.
Section 66 applies to all transfers of proprietary rights in estates, mahals, or alienated lands made post-enactment, emphasizing the non-recognition of unauthorized or illegal transfers. It aims to prevent alienation of rights that conflict with the statutory scheme of abolition.
While Section 66 itself primarily declares transfers void, subsequent provisions or related sections may prescribe penalties for illegal transfers or contraventions, including penalties for executing or registering void transfers.
Note: The references are based on the provided sources, which mention the scope and purpose of Sections 66 to 70, emphasizing invalidity of unauthorized transfers, protection of land reform objectives, and judicial enforcement.
The provisions of this Chapter shall apply to villages settled under the Waste Lands Sales Rules, 1864, in the Central Provinces.
(1) With effect from the date of vesting all mines comprised in any property vesting in the State under this Act as were in operation on the date immediately proceeding the said date and were being worked directly by the proprietor shall be deemed to have been leased by the State Government to the proprietor, and such proprietor shall be entitled to retain possession of those mines as a lessee thereof.
(2) The terms and conditions of the said lease by the State Government shall be such as may be agreed upon between the State Government and the proprietor or, in default of agreement, as may be settled by a Mines Tribunal appointed under Section 75 :
Provided that all such terms and conditions shall be in accordance with the provisions of any Central Act for the time being in force regulating the grant of new mining leases.
(1) Where immediately before the date of vesting of any property under this Act, there is a subsisting lease of mines or minerals comprised in such property or any part thereof, the whole or that part of the property comprised in such lease shall, with effect from the date of vesting, be deemed to have been leased by the State Government to the holder of the said subsisting lease for the remainder of the term of that lease, and such holder shall be entitled to retain possession of the lease-hold property.
(2) The terms and conditions of the said lease by the State Government shall mutatis mutandis be the same as the terms and conditions of the subsisting lease referred to in sub-section (1), but with the additional condition that, if, in the opinion of the State Government the holder of the lease had not, before the date of the commencement of this Act, done any prospecting or deve
Where by virtue of Section 72 or Section 73, any lease of mines and minerals comprised in any property vesting in the State under this Act is deemed to be given by the State Government, all buildings and lands not included in such lease, whether comprised in that or any other property vesting in the State by the operation of this Act, and are in the use and occupation of the lessee for purposes connected with the working or extraction of the mines and minerals comprised in the lease, including the lands upon which any works, machinery, tramways or sidings appertaining to the mines are situate, shall be deemed to have been leased by the State Government to that lessee with effect from the date of vesting, and the lessee shall be entitled to retain possession of all such buildings and lands subject to the payment of such fair and equitable ground rent as may be agreed upon between the State Government and the lessee, or in defa
(1) Any Mines Tribunal appointed for the purposes of Sections 72, 74 and 76 shall consist of a Chairman who shall be a District Judge, and a member who shall be a mining expert, both of whom shall be appointed by the State Government.
(2) In setting the terms and conditions of a lease by the State Government under Section 72, the Mines Tribunal shall have power to determine the extent of the property deemed to have been leased by the State Government.
(3) The Tribunal shall follow such procedure as may be prescribed.
(4) If there is a difference of opinion between the Chairman and the member in regard to any matter, it shall be referred by the Chairman to a Judge of High Court nominated by the Chief Justice in this behalf, and the decision of such Judge shall be binding on the Tribunal.
(1) Where in pursuance of the additional condition mentioned in sub-section (2) of Section 73, any lease of mines and minerals is terminated by the State Government, the lessee shall be entitled to such compensation from the State Government for premature termination of the lease as may be agreed upon between the State Government and the holder of the lease, or in default of agreement, as may be determined by a Mines Tribunal appointed under Section 75.
(2) In determining the compensation payable under sub-section (1), the Tribunal shall, among other things, have regard to the genuineness of the transaction, and the period for which the lease has been in force.
(1) There shall be paid by the State Government to every proprietor who has been divested of his property under this Act, and who earns his livelihood wholly or mainly from agriculture, a rehabilitation grant in accordance with the rules contained in Schedule III:
Provided that subject to the provisions of sub-section (2) no such grant shall be payable to a proprietor, the land revenue payable by whom, his share in the estate or mahal together with the land revenue in respect of home-farm land left with him immediately after the date of vesting and the land revenue or rents payable on other lands held by him anywhere 1[in the State of Madhya Pradesh as existing immediately before the 1st day of November, 1956] exceeds sixty rupees.
(2) Where the income of any property vesting in the State was immediately before the date of vesting being
The rehabilitation grant due under Section 77 shall be payable on or from the date on which the compensation payable to the proprietor in respect of the property divested has been paid.
For the purposes of a rehabilitation grant under this Act, every proprietor shall be treated as a separate unit:
Provided that in the case of a joint Hindu Family-
(a) a father with his male lineal descendants in the male line of descent shall, as respects joint family property, be deemed to be one unit where the father was alive on the date of vesting;
(b) all the members thereof shall, except as provided in clause (a) be treated as separate units.
Explanation.-Notwithstanding any partition made on or after the 27th September, 1946 a family shall be deemed to be joint.
Notwithstanding anything contained in any law for the time being in force, any transfer, whether by way of sale or gift, made by a person in favour of his wife or a male lineal descendant or the wife of such descendant, and vice versa on or after the 27th September, 1946, shall not, for the purposes of assessment of a rehabilitation grant be recognized and the amount of rehabilitation grant, shall be assessed as if no such transaction had been made.
A proprietor entitled to receive rehabilitation grant, shall apply in writing in the prescribed form giving the prescribed particulars to a Revenue Officer for determination and payment of the grant.
(2) The Revenue Officer shall, after making such enquiry as he deems fit, determine the amount of the grant and communicate the same to the 1[Collector].
(3) On receipt of an intimation under sub-section (2), the Collector shall make payment of the grant in such manner as may be prescribed.
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1. Substituted by M.P.A.LO. (Second Amendment), 1957.
1[(1) Where, in the merged territories, any property vesting in the State was held either wholly or partly free from payment of land revenue for the maintenance or upkeep of any religious, charitable or public institution, the State Government may, in addition to the rehabilitation grant, if any, to which such institution may be entitled under Section 77, grant such special annuity as may be considered reasonable for fulfilling the objects of such institution so far as they relate strictly to religious, charitable or public purposes :
Provided that the special annuity shall not exceed half the amount of the land, revenue in respect of which the institution concerned enjoined exemption immediately before the commencement of this Act.
(2) The special annuity granted under sub-section (1) may, from time to time, be revised or be withdrawn b
No amount granted by way of rehabilitation grant 3 [or special annuity] shall be liable to seizure or attachment by process of any Court or other authority at the instance of a creditor or for any demand against the grantee or in satisfaction of the decree or order of any such Court or authority.
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1. The words "or special annuity" were inserted by MP. Act 12 of 1953, Section 3.
Every entry in the record-of-rights, the annual papers and the registers of proprietary mutations in the Central Provinces, 1[and] every entry in records of a like nature maintained under any law for the time being in force in the merged territories 2[***] shall for purposes of assessment and payment of compensation be presumed to be correct.
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1. Inserted by M.P.A.LO., 1956.
2. Omitted by Ibid.
Except where the provisions of this Act provide otherwise, from every decision or order of a Revenue Officer under this Act or the rules made there under, an appeal shall lie as if such decision or order has been passed by such officer under 1[the Central Provinces Land Revenue Act, 1917 (II of 1917), or the Berar Land Revenue Code, 1928], as the case may be.
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1. See now MP. Land Revenue Code, 1959
The Compensation Officer, the Claims Officer, the Revenue Officer empowered to sanction a rehabilitation grant and any authority hearing appeals from the orders of such officers shall follow the procedure applicable to proceedings under the Central Provinces Land Revenue Act, 1917 (II of 1917) or the Berar Land Revenue Code, 1928, as the case may be, and shall have the same powers in reference to proceedings before them as Revenue Officer has in reference to original or appellate proceedings, as the case may be, under 1[the Central Provinces Land Revenue Act, 1917 (II of 1917), or the Berar Land Revenue Code, 1928], as the case may be.
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1. See now MP. Land Revenue Code, 1959
(1) The fee payable on the memorandum of an appeal filed before the Settlement Commissioner under Section 15 shall be the same as would be payable on a plaint filed for the recovery of the amount by which compensation is sought to be increased.
(2) Subject to the provisions in sub-section (1), there shall be paid such court-fees on every application or document filed in the proceedings under this Act and such fees for the issue or execution of any process as may be prescribed.
(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made there under.
(2) No suit or other legal proceedings shall lie against the State for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules made there under.
All persons acting in pursuance of the provisions of this Act shall be deemed to be public servants within the meaning of that expression in the Indian Penal Code, 1860 (XLV of 1860).
The provisions of this Act and any rules made there under shall have effect notwithstanding anything in consisting therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
The Kawardha State Wajib-ul-arz Amendment Act, 1947 (XXI of 1947), shall, as from the date of vesting of the area to which the said Act applies, be repealed.
(1) The State Government may make rules to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, it shall have power to make rules with reference to-
(a) the circumstances and manner in which clearings for cultivation or for any other purpose shall be made under Section 3;
(b) manner of payment of compensation under Section 9;
(c) the restrictions and conditions subject to which interim compensation shall be paid under Section 10;
(d) the time within which and the form in which a statement of claim may be submitted and the further particulars that should be given in the statement of claim under Section 12;
&
SCHEDULE I
(See Section 1)
Rules for the determination of compensation
1. In these rules the expression "previous agricultural year" means the agricultural year preceding the agricultural year in which the date of vesting falls.
2. The gross income of an estate or mahal in the Central Provinces shall be calculated by adding the amount of income received by a proprietor under the following heads, namely:
(a) the aggregate of the rents receivable from tenants in an estate or mahal, as recorded in the Jamabandi for the previous agricultural year;
(b) siwai income, that is income from various sources such as jalkar, bankar, phalkar, hats, bazars, melas, grazing and
SCHEDULE II
(See Section 3)
Rules for the calculation of additional compensation in respect of land lying in municipal or cantonment area and vesting in the State under this Act.
1. For the purpose of Rule 2 the assessment on the land shall be the assessment fixed thereon, at the current settlement and where no such assessment was made, it shall be the amount arrived at after assessing such land as agricultural land in accordance with the principles followed in assessing similar land in the locality at the current settlement.
2. The compensation payable shall be such multiple of the assessment on the land as is specified below :
Town in which the land is situate
&nbs
SCHEDULE III
(See Section 77)
Rules for determining the amount of Rehabilitation Grant
1. The aggregate sum payable by a proprietor under the following heads shall be ascertained :
(a) land-revenue payable for his proprietary share in the estate, mahal, alienated village or alienated land;
(b) land-revenue payable on the portion of the home-farm land retained with the proprietor;
(c) land-revenue or rent payable on any lands held by the proprietor 1[in the State of Madhya Pradesh as existing immediately before the 1st day of November, 1956].
2. The amount of rehabilitation grant shall be determined in accordance with
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