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Sec 233 to 254 Chapter XVIII(Rights in abadi and unoccupied land and its produce)The Chhattisgarh Land Revenue Code,1959
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233. Record of unoccupied land.—
A record of unoccupied land shall, in accordance with rules made in this behalf be prepared and maintained for every village 1[and urban area] showing separately—
(a) unoccupied land set apart for exercise of nistar rights under Section 237;
2[(b) it shall not make any entry inconsistent with the purposes prescribed in the notified development plan, if any.]
234. Preparation of Nistar Patrak.—
(1) The Sub-Divisional Officer 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 matters specified in Section 235.
3[(2) A draft of the Nistar Patrak shall be published in the village and after ascertaining the wishes of the Gram Sabha, as prescribed, it shall be finalised by the Sub-Divisional Officer.]
(1. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
(2. Added by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
(3. Substituted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.)
1[(3) A copy of the Nistar Patrak so finalised shall be kept in the office d£ the Gram Panchayat 2[:] ]
3[Provided that the provision of this section shall no I apply in case of notification of any revenue village as an urban area and adoption of a development scheme.]
4[(4) On a resolution passed by the Gram Sabha, as provisioned in the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994), the Sub-divisional Officer with the prior sanction of the Collector and after making necessary enquiry may amend the Nistar Patrak.]
(1. Substituted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.)
(2. Substituted by C.G. Act No. 15 of 2014, w.e.f. 23-8-2014, for " ".)
(3. Inserted by C.G. Act No. 15 of 2014, w.e.f. 23-8-2014.)
(4. 4. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution sub-section)
(4) stood as under:—
"(4) On a resolution passed by the Gram Sabha by a majority of not less than two third of members present and voting, the Sub-Divisional Officer with the prior sanction of the Collector and after making such enquiry, may amend the Nistar Patrak.''.
235. Matters to be provided for in Nistar Patrak.—
The matters which shall be provided for in the Nistar Patrak shall be as follows, namely :—
(a) 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 may obtain—
(i) wood, timber, fuel or any other forest produce;
(ii) mooram, kankar, sand, earth, clay, stones or any other minor mineral;
(c) instructions regulating generally the grazing of cattle and the removal of the articles mentioned in paragraph (b);
(d) any other matter required to be recorded in the Nistar Patrak by or under this Code.
236. Provisions in Nistar Patrak for certain matters.—
In preparing the Nistar Patrak as provided in Section 235, 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—
(i) forest produce;
(ii) minor minerals;
(c) the concessions to be granted to the village craftsmen for the removal of the articles specified in clause (b) for the purpose of their craft.
237. Collector to set apart land for exercise of Nistar rights.—
(1) Subject to the rules made under this Code, the Collector may set apart unoccupied land for the following purposes, namely,—
(a) for timber or fuel reserve;
(b) for pasture, grass bir or fodder reserve;
(c) for burial ground and cremation ground;
(d) for gaothan ifarid establishment of Gowshala and animal holding premises];
(e) for encamping ground;
(f) for threshing floor;
(g) for bazar;
(h) for skinning ground;
(i) for manure pits;
(j) for public purposes such as schools, play grounds, parks, roads, lanes, drains and the like; and
(k) for any other purposes which may be prescribed for the exercise of right of Nistar.
(2) 2[* * *]
3[(3) Subject to the rules made under this Code, the Collector after securing the land mentioned in clause (b) of sub-section (1) to minimum two percent of the total agriculture land of that village, may divert such excess land as mentioned in clause (b) of sub-section (1) into any other purposes 4[as agriculture, abadi, residential projects, construction of roads, canals, tanks, hospitals, schools, colleges. Government offices, public godowns, power system, gaushalas, excavation of clay by potters, minor minerals or any other public utility projects as may be determined, by the State Government ]
5[(3-A) Where the land kept for the purposes mentioned under clause (b) of sub-section (1) is found within the area identified for any industrial, commercial or mining project, then the collector may divert such land for the above mentioned purposes, but such diversion can be made only when equivalent land is provided for the purpose of clause (b) of sub-section (1) within the same village.]
6[(4) When it becomes indispensable to divert the land set apart for the purposes mentioned in sub-section (1) for such projects which are owned or approved by the State Government, but not covered under sub-section (3), the Collector, after satisfying himself that alternative land of equivalent area 5[in the same village] has been made available for fulfilling the same Nistar Rights, may divert the land for such purposes by passing a reasoned order to this effect.]
(1. Inserted by C.G. Act No. 18 of 2018, w.e.f. 18-8-2018.)
(2. Omitted by C.G. Act No. 4 of 2012, w.e.f. 16-1-2012.)
(3. Substituted by C.G. Act No. 4 of 2012, w.e.f. 16-k1-2012.)
(4. Substituted by C.G. Act No. 1 of 2013, w.e.f. 4-1-2013.)
(5. Inserted by C.G. Act No. 18 of 2016, w.e.f. 5-5-2016.)
(6. Inserted by C.G. Act No. 4 of 2012, w.e.f. 16-1-2012)
238. Rights in waste land of another village.—
(1) Where the Collector is of the opinion that the waste land of any village is insufficient and it is in 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 dr a right of grazing cattle, as the case may be, in the neighbouring village to the extent specified in the order.
(2) The residents of a village having a right of grazing cattle in the neighbouring 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 right of passage is reasonably necessary to enable such residents to exercise a right to graze their cattle in any other village or in the Government forest, he shall pass an order declaring their right to such passage and shall state the conditions upon which it shall be exercised.
(4) The Collector shall further determine the route of passage, 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 villages 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 passage 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
(b) shall consult in writing the other Collector concerned.
239. 1[Rights in fruit bearing trees and other trees planted in unoccupied land and Bhata Land and Bade Jhad/Chhote Jhad Ka Jungle].—
(1) Where, before coming into force of this Code any fruit bearing three was planted by any person in the unoccupied land 2[and Bhata land and Bade Jhad/Chhote Jhad Ka Jungle] of any village, arid is so recorded, then notwithstanding that such land vests in the State Government, such person, and his successor in interest shall from generation to generation be entitled to possession and usufruct of such trees without payment of any royalty or other charge whatsoeyer therefor.
(2) The State Government or any Revenue Officer not below the rank of Tahsildar as may be authorised by the State Government in this behalf, may permit any person or persons to plant and grow fruit bearing or other species of trees as may be specified in this behalf on unoccupied land Hand Bhata land and Bade Jhad/Chhote Jhad Ka Jungle] of a village that may be earmarked for the purpose and grant three planting permit and tree pattas to such person or persons in accordance with the provisions of this section and the rules made thereunder.
(1. Substituted by C.G. Act No. 31 of 2002, w.e.f. 3-11-2002.)
(2. Inserted by C.G. Act No. 31 of 2002, w.e.f. 3-11-2002)
(3) The tree planting permit and the tree patta granted under this section shall be, in such form and subject to such term and conditions as may be prescribed.
(4) The right conferred under this section shall be transferable but permit or patta holder or his successor in interest shall have no right to the land on which such tree stands except the right to grow trees on such land and enjoy the usufructuary rights on such trees including the right in corpus of the tree subject to the terms and conditions of the permit and patta :
Provided that no transfer by sale or by lease shall be made except with the previous permission in writing of the officer authorised by the State Government under sub-section (2).
(5) If any of the terms and conditions of tree planting permit or tree patta are breached, the permit or patta shall be liable to be cancelled after affording a reasonable opportunity of being heard to the holder thereof.
1[(5A) Permanent lease for such Bhata Land, on which the provisions of the Forest Conservation Act, 1980 (No. 69 of 1980) shall not apply/ may be granted.
(5B) An agreement can be executed for plantation on Bade Jhad/Chhote Jhad Ka Jungle. No Bhumiswami right shall accrue to the agreement holder or of his/her heir of the land of Bade Jhad/Chhote Jhad ka Jungle and on the trees planted on the above land. The agreement holder or his/her heir shall be entitled to only usufruct of the trees.]
(6) The State Government may make rules for carrying out the purposes of this section.
(1. Inserted by C.G. Act No. 31 of 2002, w.e.f. 3-11-2002)
240. Prohibition of cutting of certain trees.—
(1) If the State Government is of the opinion that the cutting of any tree is detrimental to public interest or that it is necessary to prohibit or regulate the cutting of certain trees for preventing erosion of soil, it may, by rules made in this behalf, prohibit or regulate the cutting of such trees whether such trees stand on the land belonging to Bhumiswami or on land belonging to State Government.
(2) In framing rules under sub-section (1), the State Government may provide-that all or any of the rules shall apply only to such area as the State Government may, by notification, specify.
(3) The State Government may make rules regulating the control, management, felling or removal of the forest growth on the lands belonging to the State Government.
241. Measures to prevent theft of timber from Government forest.—
(1) If the State Government is satisfied that in order to prevent the theft of timber from any Government forest it is necessary in the public interest to regulate the felling and removal of timber in the villages comprised in any area adjoining such forests, the State Government may, by an order published in the Gazette, declare such area to be notified area for the purposes of this section.
(2) Every order published under sub-section (1) shall be proclaimed in the prescribed manner in all the villages comprised in the notified area.
(3) Notwithstanding anything contained in Section 179 but subject to the provisions of sub-section (5), when an order has been proclaimed in any village under sub-section (2), no person shall in pursuance of a transaction of sale or for purposes of trade or business fell any timber tree in any holding in such village or remove the corpus of any such tree from any such holding except in accordance with such rules as may be made in that behalf.
(4) Any person who contravenes or attempts to contravene or abets the contravention of the provisions of sub-section (3) or of any rule made thereunder, shall, without prejudice to any other action that may be taken against him, be liable on the order in writing of the 1 [Sub-Divisional Officer (Revenue)], to pay a penalty not exceeding 2[twenty five thousand rupees] as may be imposed by him and the 1[Sub-Divisional Officer (Revenue)] may, further order confiscation of any timber trees felled in contravention of the provisions of this sub-section.
(5) Nothing in sub-sections (3) and (4) shall apply to the felling or removal of timber trees by any person from his land for his bona fide agricultural or domestic purposes 3[up to a maximum limit of 02 cubic meters in a calendar year], if such felling or removal is otherwise in accordance with the other provisions of this Code. 4[However such person shall be required to get his land demarcated by the competent authority and to inform in writing the Revenue officer and Range Forest Officer having jurisdiction, at least 10 days before felling or removal of such trees.]
(1.Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the word "Collector".)
(2. Substituted by C.G. Act No. 14 of 2011, w.e.f. 11-5-2011.)
(3. Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
(4. Inserted by C.G. Act No. 31 of 2002, w.e.f. 3-11-2002.)
242. Wujib-ul-arz.—
(1) As soon as may be after this Code comes into force, the Sub-Divisional Officer shall, in the prescribed manner, ascertain and record the customs in each village in regard to—
(a) the right to irrigation or right of way or other easement;
(b) the right to fishing,
in any land or water not belonging to or controlled or managed by the State Government or a local authority and such record shall be known as the Wajib-ul- arz of the village.
(2) The record made in pursuance of sub-section (1), shall be published by the Sub-Divisional Officer in such manner as may be prescribed.
(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.
(4) The record made under sub-section (1) shall, subject to the decision of the Civil Court in the suit instituted under sub-section (3), be final and conclusive.
(5) The Sub-Divisional Officer may, on the application of any person interested therein or on his own motion, modify an entry 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.
243. Abadi.—
(1) Where the area reserved for abadi is in the opinion of the Collector insufficient, he may reserve such further area from the unoccupied land in the village as he may think fit.
(2) Where unoccupied land for purposes of abadi is not available, the State Government may acquire any land for the extension of abadi.
(3) The provisions of 1[the Right to Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013)], shall apply to such acquisition and compensation shall be payable for the acquisition of such land in accordance with the provisions of that act.
(1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words and figures "the Land Acquisition Act, 1894 (No. 1 of 1894.)
244. Disposal of abadi sites.—
Subject to rules made in this behalf the Gram Panchayat or where a Gram Panchayat has not been constituted, the Tahsildar shall dispose of sites in the abadi area.
245. Rights to hold house site free of land revenue.—
A building site of reasonable dimensions in the abadi shall not be liable to the payment of land revenue if such site is occupied by a kotwar or a person who holds land or works as an agricultural artisan or an agricultural labourer in such village or in a village usually cultivated from such village.
2[246. Right of persons holding house site in Abadi.—
Every person who, immediately before the coming into force of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959), lawfully holds any land under Abadi or hereafter lawfully acquire such land shall be the Bhunuswami in respect of such land. The occupier shall be the Bhumiswami in respect of land mentioned in land ownership certificate given under any law/rule by the State Government to the occupier of the land as a house site in abadi or in unoccupied land.]
(2. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 246 stood as under :—
"246. Right of persons holding house sites in abadi.—
Subject to the provisions of Section 244 every person who at the coming into force of this Code lawfully holds any land as a house site in the abadi or who may hereafter lawfully acquire such land shall be a Bhumiswami in respect of such land:
Provided that the allotment of house site under Gramin Avas Yojna to a landless person on or after the commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 1973 shall be subject to the following conditions
(i) that the allottee shall build a house on such land within a period of five years from the date of allotment;
(ii) that the allottee shall not transfer the land allotted to him or his interest therein during a period of ten years from the date of allotment;
(iii) that in case of breach of any of the above conditions the land .shall vest in the State Government with effect from the date of breach
Explanation.—
For the purpose of this section "Gramin Avas Vikas Yojna" means the scheme sponsored by the Government of India for the provision for house sites in rural areas whereunder, on 100% grant assistance from the Government of India, the State Government are to provide house sites free of cost to families of landless workers in rural areas who do not already own a house site or a built up house or a hut on land of their own.".
247. Government's title to minerals.—
(1) Unless it is otherwise expressly provided by the terms of a grant made by the Government, the right to all minerals, mines and quarters shall vest in the State Government which shall have all powers necessary for the proper enjoyment of such rights.
(2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purpose subsidiary thereto, including the erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines, and any other purposes which the State Government may declare to be subsidiary to mining and quarrying. °
(3) If the Government has assigned to any person its right over any minerals, mines or quarries, and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections (1) and (2) should be exercised, the Collector may, by an order in writing, subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right has been assigned :
Provided that no such delegation shall be made until notice has been duly served on all persons having rights in the land affected, and their objections have been heard and considered.
(4) If, in the exercise of the right herein referred to over any land, the rights of any person are infringed by the occupation or disturbance of the surface of such land, the Government or its assignee shall pay to such persons compensation for such infringement and the amount of such compensation shall be calculated by the Sub-Divisional Officer, or, if his award is not accepted, by the Civil Court, as nearly as may be, in accordance with the provisions of the 1[Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013)].
(5) No assignee of the Government shall enter on or occupy the surface of any land without the previous sanction of the Collector, and unless the compensation has been determined and tendered to the persons whose rights are infringed.
(6) If an assignee of the Government fails to pay compensation as provided in sub-section (4), the Collector may recover such compensation from him on behalf of the persons entitled to it, as if it were an arrear of land revenue.
(7) Any person who without lawful authority extracts or removes minerals from any mine or quarry, the right to which vests in, and has not been assigned by, the Government shall, without prejudice to any other action that may be taken against him be liable, on the order in writing of the Collector, to pay penalty not exceeding a sum calculated at double the market value of the minerals so extracted or removed :
Provided that if the sum so calculated is less than 2[twenty five thousand rupees], the penalty may be such larger sum not exceeding 2[twenty five thousand rupees] as the Collector may impose.
(8) Without prejudice to the provisions in sub-section (7) the Collector may seize and confiscate any mineral extracted or removed from any mine or quarry the right to which vests in, and has not been assigned by the Government.
(1.Substituted by C.G. Act No. 15 of 2014, w.e.f. 23-8-2014.)
(2. Substituted by C.G. Act No. 14 of 2011, w.e.f. 11-5-2011.)
Explanation.—
In this section, "minerals" include any sand or clay which the State Government may declare to have a commercial value or to be required for any public purpose.
248. Penalty for unauthorisedly taking possession of land.—
(1) Any person who unauthorisedly takes or remains in possession of any unoccupied land, abadi, service land or any other which has been set apart for any special purpose under Section 237 or upon any land which is the property of Government, may be summarily ejected by order of the Tahsildar and any crop which may be standing on the land and any building or other work which he may have constructed thereon, if no removed by him within such time a the Tahsildar may fix shall be liable to forfeiture. Any property so forfeited shall be disposed of as the Tahsildar may direct and the cost of removal of any crop, building or other work and of all works necessary, to restore the land to its original condition shall be recoverable as an arrear of land revenue from him. Such person shall also be liable at the discretion of the Tahsildar to pay the rent of the land for the period of unauthorised occupation at twice the rate admissible for such land in locality and to a fine which may extend to 2[twenty five thousand rupees] and to a further fine which may extend to 2[two hundred rupees] for every day on which such unauthorised occupation or possession continues after the date of first ejectment. The Tahsildar may apply the whole or any part of the fine to compensate persons, who may in his opinion have suffered loss or injury from the encroachment:
Provided that the Tahsildar shall not exercise the powers conferred by this sub-section in regard to encroachment made by buildings or works constructed—
(i) in the Mahakoshal region—
(a) in areas other than the merged States before the first day of September, 1917;
(b) in the mierged States, before the third day of April, 1950;
(ii) in the Madhya Bharat region, before the fifteenth day of August, 1950;
(iii) in the Vindhya Pradesh region, before the first day of April, 1955;
(iv) in the Bhopal region, before the eighth day of November, 1933; and
(v) in the Sironj region, before the first day of July, 1958.
Explanation.—
For the purposes of this sub-section "Merged States" shall have the meaning assigned to it in the Madhya Pradesh Merged States Laws (State) Act, 1950 (XII of 1950).
(1A) on a resolution duly passed by the Gram panchayat in respect of any unauthorised possession, the Tehsildar shall start and complete the proceedings under this section within thirty days from the date of receipt of the information of such resolution and shall communicate the action taken by him to the Gram Panchayat.
(2) It shall not be competent to the Tehsildar to impose a fine of amount exceeding 1[ten thousand rupees] but if in any case he considers that circumstances of the case warrant imposition of a highly fine, he may refer the case to the Sub-Divisional Officer who shall, then, after giving the party concerned an opportunity of being heard, pass such orders in respect of fine as he may deem fit.
(1. Substituted by C.G. Act No. 14 of 2011, w.e.f. 11-5-2011.)
(2-A) If any person continues in unauthorised occupation or possession of land for more than seven days after the date of order of ejectment under sub¬section (1), then without prejudice to the fine that may be imposed thereunder the Sub-Divisional Officer shall cause him to be apprehended and shall send him with a warrant to be confined in a civil person for a period of fifteen days in case of first ejectment and three months in case of second or subsequent ejectment:
Provided that no action under this sub-section shall be taken—
(i) unless a notice in issued calling upon such person to appear before the Sub-Divisional Officer on a day to be specified in the notice and to show cause why he should not be committed to the civil prison;
(ii) in respect of encroachments on Government and Nazul lands of the settlement of which the Government have issued orders from time-to-time:
Provided further that the Sub-Divisional Officer may order the release of such person from detention before the expiry of the period mentioned in the warrant if he is satisfied that the unauthorised possession has been vacated :
Provided also that no woman shall be arrested or detained under this sub-section.
(2-B) The State Government may make rules for the purpose of carrying into effect the provisions of sub-section (2-A).
Notes
Writ petition against the order of Board of Revenue directing the petitioner to remove construction from the land and for initiation of proceedings under S. 248(2) of the Code against the petitioner—held—petitioner failed to produce any witness or documents to prove that construction work was undertaken by the petitioner on the land allotted to his brother—orders passed by Board of Revenue as well as other subordinate authorities were just and proper—writ petition dismissed. Prakash Chand v. State of Chhattisgarh and others, 2009(1) C.R.N. 6 (CGHC).
249. Regulation of fishing, hunting etc..—
(1) The State Government may make rules for regulating—
(a) fishing in Government tanks;
(b) catching, hunting or shooting of animals in villages; and
(c) 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.
250. Reinstatement of Bhumiswami improperly dispossessed.—
(1) For the purpose of this section and Section 250-A Bhumiswami shall include 1[* * *] Government lessee.
(1. The words "occupancy tenant and" omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.)
(1-a) If a Bhumiswami is dispossessed of the land otherwise than in due course of law or if any person unauthorisedly continues in possession of any land of the Bhumiswami to the use of which such person has ceased to be entitled under any provision of this Code, the Bhumiswami or his successor in interest may apply to the Tehsildar for restoration of the possession.
(a)( 2. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (a) stood as under:—
"(a) in case of Bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe under sub-sechon (6) of Section 165,—
(i) before the 1st July, 1978 in cases of unauthorised dispossession prior to the 1st July, 1976; and
(ii) in any other cases within five years from the date of dispossession or from the date on which the possession of such person becomes unauthorised, as the case may be;".
(b)(3. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission clause (a) stood as under:—
"(b) in case of a Bhumiswami not covered by clause (a), within'two years from the date of dispossession or from the date on which possession of such person becomes unauthorised, as the case may be.".
(1-b) The Tehsildar shall on coming to know that a Bhumiswami has been dispossessed of his land otherwise than in due course of law, suo motu start proceedings under this section.
(2) The Tahsildar shall, after making an enquiry into the respective claims of the parties, decide the application and when he orders the restoration of the possession to the Bhumiswami, put him in possession of the land.
(2-a) The proceedings started under this section shall after receipt of reply from the other party, continue from day to day unless for reasons to be recorded in writing a longer adjournment is considered necessary and in that case a copy of the order sheet containing the reasons for such adjournment shall be sent to the Collector.
(3) The Tahsildar may at any stage of the enquiry pass an interim order for handing over the possession of the land to the Bhoomiswamy 1[* * *] Government lessee, as the case may be, if he finds that he was dispossessed by the opposite party within six months prior to the submission of the application or commencement of suo motu proceedings under this section. In such case the opposite party shall, if necessary be ejected under orders of the Tahsildar.
(4) When an interim order has been passed under sub-section (3) the opposite party may be required by the Tahsildar to execute a bond for such sum as the Tahsildar may deem fit for abstaining from taking possession of land until the final order is passed by the Tahsildar.
(5) If the person executing a bond is found to have entered into or taken possession of the land in contravention of the bond, the Tahsildar may forfeit the bond in whole or in part and may recover such amotmt as an arrear of land revenue.
(6) If the order passed under sub-section (2) is in favour of the applicant the Tahsildar shall also award compensation to be paid to the applicant by the opposite party which shall be at the prorata rate of [one thousand rupees] per hectare per year.
(7) The compensation awarded under this section shall be recoverable as an arrear of land revenue.
(8) When an order has been passed under sub-section (2) for the restoration of the possession to the Bhumiswami the Tahsildar may require the opposite party to execute a bond for such sum as the Tahsildar may deem fit for abstaining from taking possession of the land in contravention of the order.
(9) Where an order has been passed under sub-section (2) for the restoration of the possession of the Bhumiswami, the opposite party shall also be liable to fine which may extend to 2[ten thousand rupees]:
Provided that it shall not be competent to the Tahsildar to impose a fine of amount exceeding 2[five thousand rupees] but if in any case he considers that circumstances of the case warrant imposition of a higher fine, he may refer the case to the Sub-Divisional Officer who shall, after giving the party concerned an opportunity of being heard, pass such orders in respect of fine as he may deem fit.
(1. The words " occupancy tenant or" omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022)
(2. Substituted by C.G. Act No. 14 of 2011, w.e.f. 11-5-2011.)
250-A. Confinement in civil prison on failure to restore possession under Section 250.—
(1) If any person continues in unauthorised occupation or possession of land for more than seven. days after the date of order for restoration of possession under Section 250, then without prejudice to the compensation payable under sub-section (6) or the fine under sub-section (9) of the said section the Sub-Divisional Officer shall cause him to be apprehended and shall send him with a warrant to be confined in a civil prison for a period, of fifteen days in case of first order for restoration of possession and shall cause him to be apprehended and shall send him with a warrant to be confined in such prison for a period of three months in case of second or subsequent orders for restoration of the possession to such Bhumiswami:
Provided that no action under this section shall be taken unless a notice is issued calling upon such person to appear before the Sub-Divisional Officer on a day to be specified in the notice and to show cause why he should not be committed to the civil prison:
Provided further that the Sub-Divisional Officer may order the release of such person from detention before the expiry of the period mentioned in the warrant if he is satisfied that the unauthorised possession has been vacated :
Provided also that no woman shall be arrested or detained under this section.
(2) The State Government may make rules for the purpose of carrying into effect the provisions of sub-section (1).
250-B. Failure to vacate land in favour of allottee of land to be an offence.—
(1) If a person to whom land has been allotted in Bhumiswami rights or as a Government lessee under a Patta granted to him in accordance with a scheme of distribution or disposal or allotment of land under executive, powers of the State Government as may from time to time be adopted or sponsored by the State Government or any such scheme under any enactment for the time being in force and such person has not been able to take actual possession of the land so allotted to him, he may apply to the Tahsildar for putting him in actual possession of the land allotted to him under the Patta granted to him.
(2) On receipt of the application, the Tahsildar shall by an order in writing, issue a direction—
(i) to the person in possession of the land to vacate the same forthwith; or
(ii) in the event of any person obstructing the taking over of possession or delivery of possession, to such person to remove such obstruction to enable delivery of possession,
and on his vacating the land or removing the obstruction, deliver actual possession thereof to the Bhumiswami or the Government lessee, as the case may be, entitled to hold the land under the Patta.
(3) The Tahsildar may, if necessary, use such force including Police force as may be necessary to put the allottee in actual possession of the land.
(4) If the person to whom direction is issued under sub-section (2) fails to comply with the direction, he shall be punishable with imprisonment for a term which may extend to three years and with fine or with both, and such non- compliance of direction is a continuing one, with further fine which may extend to 1[five hundred rupees] for every day after the first during which the non- compliance is proved to have been persisted in.
(5) The offence under this section shall be cognizable and non-bailable.
(1. Substituted by C.G. Act No. 14 of 2011, w.e.f. 11-5-2011.)
251. Vesting of tanks in State Government.—
(1) All tanks situated on unoccupied land on or before the date of coming into force of the Act, providing for the abolition of the rights of intermediaries in the area concerned and over which members of the village community were, immediately before such date, exercising rights of irrigation or nistar, shall, if not already vested in the State Government, vest absolutely in the State Government with effect from the 6th April, 1959:
Provided that nothing in this section shall be deemed to affect any right of a lessee in the tank under a lease subsisting on the date of vesting of the tank which shall be exercisable to the extent and subject to the terms and conditions specified in the lease :
Provided further that no tank shall vest in the State Government, unless—
(i) after making such enquiry as he deems fit, the Collector is satisfied that the tank fulfills the conditions laid down in this sub-section; and
(ii) notice has been served on the parties interested and opportunity given to them for being heard.
(2) Any person claiming in any such tank any interest other than the right of irrigation or nistar, may, within a period of four years from the date of vesting under sub-section (1), make an application in the prescribed form to the Collector for compensation in respect of his interest.
(2-a) The provisions of Section 239 shall apply to trees standing on the embankments of tank vested in the State Government under sub-section (1) as they apply to trees planted in an unoccupied land.
(3) Such compensation shall be fifteen times the land revenue assessable on the land covered by the tank and for purposes of assessment such land shall be treated as irrigated land of the same quality as the adjoining land.
(4) The compensation as determined under sub-section (3) shall be paid by the Collector to the person or persons proved to his satisfaction to be owning interest in the tank concerned.
(5) The payment of compensation under sub-section (4) shall be a full discharge of the State Government from all liability for compensation in respect of the tank concerned, but shall not prejudice any right in respect of such tank to which any other person may be entitled by due process of law to enforce against the person or persons to whom compensation has been paid as aforesaid.
(6) The State Government may make rules providing for the regulation of the use of water from such tanks.
(7) The vesting of any tank under sub-section (1) shall not affect the rights of irrigation and nistar in such tank to which any person is entitled immediately before the date of vesting.
Explanation.—
For the purposes of this section, tank includes the trees standing on the embankments of the tank but does not include buildings, temples or other constructions standing on the embankments thereof.
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 252 stood as under:—)
"252. Maintenance of works of public utility.—
(1) It shall be the duty of the Gram Sabha to maintain and keep in proper repairs the works of public utility in the village.
(2) Subject to the rules made under this Code, the Gram Sabha may, by order in writing, call upon adult males residing in the village (except those who are old and infirm or subject to any physical disability) to perform such labour as it may specify in the order for keeping in a proper state of repairs such works of public utility in the village as may be notified by the State Government in that behalf.
(3) No order under sub-section (2) shall be passed unless the works are of public utility and are likely to benefit generally the persons against whom the order is being passed.
(4) A person required to perform labour under the provisions of sub-section (2), may have it performed by another on his behalf or pay for its performance at such rate as may be determined by the Tahsildar.
(5) Any person who neglect or refuses to perform the labour referred to in sub-section (2) or fails to pay for the performance of labour as provided in sub-section (4) shall, on the order of the Tahsildar, be liable to pay an amount equal to the value of the labour at the rates determined by the Tahsildar under sub-section (4), and such amount shall be recoverable as an arrear of land revenue.".
253. Punishment for contravention of provisions—
(1) Except as otherwise provided in this Code, any person who acts in contravention of the provisions of this Chapter or rules made thereunder 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 2[twenty five thousand rupees] as the Sub-Divisional Officer may, after giving such person an opportunity to be heard, deem fit and the Sub-Divisional Officer may further order confiscation of any timber, forest produce, or any other produce which such person may have appropriated or removed from lands belonging to the State Government.
(2) Where any contravention, breach or non-observance punishable under sub-section (1) has been committed by the Gram Sabha, every Office bearer of the Gram Sabha shall be liable under that sub-section unless he proves that the contravention, breach or non-observance took place without his knowledge or that he exercised all due diligence to prevent such contravention, breach or non- observance.
(3) Where the Sub-Divisional Officer 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 meet 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.
(2. Substituted by C.G. Act No. 14 of 2011, w.e.f. 11-5-2011.)
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 254 stood as under:—
"254. Performance of duties of Gram Sabha by Patel.—
Any function assigned to a Gram Sabha under this Chapter shall be performed by the patel until a Gram Sabha is duly constituted under Section 232.".