Deputy Collector

FOUNDATION BATCH

Tuesday, June 4, 2019

WELCOME
TO

Sachin Kalantre
YASHADA

Presented By : Sachin Kalantre

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• Sec 161 – Nistar Patrak
Nistar Patrak is a regiser in which rights of the
community to fuel, water , murum, grazing etc in

Tuesday, June 4, 2019

Government land is recorded
Sec 162 –Matters to be provided in Nistar Patrak
Sec 163 – Provision in Nistar Patrak for Certain matters

Sachin Kalantre
Sec 165 – Wajib ul arz
Rights of the community when recorded in the
private lands in the register is called wajib –ul-urz
Sec 166 – Regulation of Fishing

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Community Rights

Tuesday, June 4, 2019

• Gaothan
• Burial or cremation Grounds
• Threshing Floor
• Bazar

Sachin Kalantre
• Skinning Ground
• Land outside Gaothan reserved for Public Purpose
• Grazing
• Village Roads
• Manure pits
• Rights of other villages
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 Sec.161
Nistar Patrak
(1) The Collector shall consistently with the provisions of this

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Code and the rules made thereunder, prepare a Nistar Patrak
embodying a scheme of management of all unoccupied land in a
village and all matters incidental thereto, and more particularly
the matters specified in section 162.
(2)A draft of the Nistar Patrak shall be published in the village and

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after ascertaining the wishes of the residents of the village in the
manner determined by the Collector, it shall be finalised by the
Collector.
(3)On a request being made by the village panchayat, or where
there is no village panchayat, on the application of not less than
one-fourth of the adult residents of a village, the Collector may, at
any time, modify any entry in the Nistar Patrak after such enquiry
as he deems fit. 4
 Sec 162
Matter to be provided for in Nistar Patrak
The following matters shall be provided in a Nistar Patrak, that is to

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say,
(a)the terms and conditions on which grazing of cattle in the village
will be permitted ;
(b)the terms and conditions on which and the extent to which any
resident of the village may obtain,

Sachin Kalantre
(i)wood, timber, fuel or any other forest produce
(ii)moram, kankar, sand, earth, clay, stones or any other minor
minerals
(c)instructions regulating generally the grazing of cattle and removal
of articles mentioned in paragraph (b)
(d) any other matter required to be recorded in the Nistar Patrak by
or under this Code 5
 Sec 163
Provision in Nistar Patrak for certain matters.
In preparing a Nistar Patrak the Collector shall, as far as possible,

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make provision for
(a)free grazing of the cattle used for agriculture ;
(b)removal free of charge by the residents of the village for their
bona fide domestic consumption of any

Sachin Kalantre
(i)forest product ; (ii)minor minerals ;
(d) the concessions to be granted to the village craftsmen for the
removal of articles specified in clause (b) for the purpose of their
craft.

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 164.Right in waste land of another village
(1)Where the Collector is of the opinion that waste land of any village is
insufficient and it is in the public interest to proceed under this section, he

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may after such enquiry as he deems fit, order
that the residents of the village shall have a right of Nistar or a right or
grazing cattle, as the case may be, in the neighboring village to the extent
specified in the order.
(2)The residents of a village having a right of grazing cattle in the

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neighboring village under sub- section (1), or Government forest may make
an application to the Collector for recording their right of passage for the
purpose of exercising the rights.
(3)If, on enquiry into an application made under sub-section (2), the
Collector finds that the rightof passage is reasonably necessary to enable
such residents to excise a right to graze their cattle in any other village or in
a Government forest, he shall pass an order declaring that such right of
passage exists and shall state the conditions upon which it shall be exercised.
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 164.Right in waste land of another village
(4)The Collector shall, thereupon, determine the route of passage through
unoccupied land and shall restrict such route in such manner as to cause

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minimum inconvenience to the residents of the village through which it
passes.
(5)The Collector may, if he thinks fit, demarcate such route.
(6)Orders passed by the Collector under this section shall be recorded in the
Nistar Patrak. (7)Where the village mentioned in sub-section (1) lie in

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different districts the following provisions shall apply, namely
(a)the orders specifying the right of Nistar or the right of grazing cattle shall
be passed by the Collector in whose district the village over which such right
is claimed lies
(b)any orders regarding route of passages shall be passed by the Collector in
whose respective jurisdiction the area over which passage is allowed lies ;
(c)the Collector passing an order in accordance with clauses (a) and
(d)shall consult in writing the order Collector concerned. 8
 Wajib-ul-arz
 The Wajib-ul-arz is a register in which public as well as individual rights of
irrigation , right of way , other easement rights and right of fishing are
recorded

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 There was no provision in the Berar Land Revenue Code ,1928 for
preparation of Wajib-ul-arz , but it has been incorporated in MPLR Code ,
1954 because of prevalence of Malguzari system in the Central Province
Districts

Sachin Kalantre
 It was possible to record the rights of public or individual by the
enactments . However , in the Central Province , there were large
number of irrigation tanks belonging to old Malguzars which are now
vested in Government and tenure holders have right of irrigation. These
rights were entered in a document called Walit Parcha which show not
only fields which have a right of irrigation over the tank but also give a
customary procedure to exercise the rights
 It was very cumbersome and difficult to transfer Walit Parcha to
individual survey no in Form 7/12 in right column leading to disputes 9
 So a separate record is kept by MLRC as Wajib-ul-arz
 Sec 165
Wajib-ul-arz
(1)As soon as may be after this Code comes into force, the Collector shall,
according to any general or special order made by the State Government in

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that behalf, ascertain and record the customs in each village in regard to
(a)the right to irrigation or right of way or other easements, (b)the right to
fishing,
On any land or water belonging to or controlled or managed by the State

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Government or a local authority and such record shall be know as the
Wajib-ul-arz of the village.
(2)The record made in pursuance of sub-section (1) shall be published by
the Collector in such manner as he may deem fit and it shall, subject to the
decision of a civil court in the suit instituted under sub-section (3), be final
and conclusive.
(3)Any person aggrieved by any entry made in such record may, within one
year from the date of the publication of such record under sub-section (2),
institute a suit in a civil court to have such entry cancelled or modified. 10
 Sec 165 - Wajib-ul-arz
(2) The Collector may, on the application of any person interested therein
or on his own motion, modify any entry or insert any new entry in the

Tuesday, June 4, 2019

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

Sachin Kalantre
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.

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 Sec 166

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(1)The State Government may make rules for regulating,
Regulation of fishing, etc.
(a)fishing in Government tanks ;
(b)the removal of any materials from lands belonging to the

Sachin Kalantre
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.

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 Sec 167
Punishment for contravention of provisions
(1)Except as otherwise provided in this Code, any person who acts in
contravention of the provisions in sections 161 to 166 or rules made

Tuesday, June 4, 2019

under section 166 or who contravenes or fails to observe any rules
or custom entered in the Wajib-ul-arz or commits a breach of any
entry entered in the Nistar Patrak shall be liable to such penalty not
exceeding rupees one thousand as the Collector may, after giving

Sachin Kalantre
such person an opportunity to be heard, deem fit ; and the Collector
may further order confiscation of any produce, or any other produce
which such person may have appropriated or removed from lands
belonging to the State Government.
(2) Where the Collector passes an order imposing a penalty under
this section, he may direct that the whole or any part of the penalty
may be applied to meeting the cost of such measures as may be
necessary to prevent loss or injury to the public owing to such 13
contravention, breach or non- observance.
 Sachin Kalantre Tuesday, June 4, 2019
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 Tuesday, June 4, 2019
• Subject to the provisions of Section 22, 161, 162 and 163, the
Collector shall prepare a draft of a Nistar Patrak in Form A.

Sachin Kalantre
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 Tuesday, June 4, 2019
• In these rules -
(a)"Code" means the Maharashtra Land Revenue
Code, 1966;
(b)"form" means a Form appended to these

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rules;
(c)"section" means a section of the Code;
(d)"village" means a village in relation to which a Nistar Patrak is
prepared or is being prepared.

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 Tuesday, June 4, 2019
(1) In preparing a Nistar Patrak, the Collector shall,
as far as possible, determine -
(a) the terms and conditions on which free grazing
of cattle in a village will be permitted :

Sachin Kalantre
(b) the terms and conditions on which and extent to
which any resident of the village may obtain -
(i) wood, timber, fuel or any other forest produce;
(ii) mooram, kankar, sand, earth, clay, stones or any
other minor mineral ;

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 Tuesday, June 4, 2019
(2) The Collector may -
(i) alter, substitute, or adjust in a suitable manner
the area of land reserved for any purpose as the
circumstances of the case or the interest of the
community as a whole may require;

Sachin Kalantre
(ii) form grazing timber, and fuel nistar zones in
respect of more than one village;
(iii) record mutual rights of neighbouring villages
over the lands of each other;
(iv) provide for any concession ordered by the State
Government

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 Tuesday, June 4, 2019
• After the draft of the Nistar Patrak is prepared, it shall be
published, together with a notice in Form B inviting objections
or suggestions from the residents of the village and specifying
a date (which shall be not less than 15 days after the date of
publication) on which and the place (which may be the village

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Chavdi or any suitable centre in the locality) at which the
objections or suggestions shall be considered. Such
publication shall be done not only in the village for which the
Nistar Patrak is prepared but also in other villages affected by
it. Publication under this rule shall be done by posting copies
on the notice board of Taluka Office and at the village Chavdi
concerned; and also by beat of drum in such village.
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• Enquiry into objections :- On the date and at the place specified

Tuesday, June 4, 2019

in the notice, the Collector shall enquire into the objections or
suggestions, if any, and pass orders thereon.
• Decisions on objections :- After the objections or suggestions, if
any, are considered and disposed of, the Collector may make such

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modifications in the Nistar Patrak as he may deem necessary in
the light of his decisions on the objections and suggestions and
accordingly, finalise the Nistar Patrak.
• Promulgation of final Nistar Patrak :- The final Nistar Patrak shall
be read out in the village or at suitable centres, and a copy
thereof shall be kept at the village Chavdi or such other suitable
place in the village as may be fixed by the Collector.
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• No fishing shall be permitted in,-

Tuesday, June 4, 2019

(a)any Government tank or ghat exclusively used or reserved
for drinking water, except where fishing is done in a small
boat with the help of nylon-grill net;
(b)any Government tank used for watering cattle, whenever

Sachin Kalantre
the Collector forbids fishing in such tank on account of
actual or anticipated scarcity of water, except where the
depth of the water is more than 121.92 centimetres (or 4
feet) and where the fishing is done with the help of nylon-
grill nets;
(c)any Government tank used for pisciculture by the
Department of Fisheries, except on such terms and
conditions as the Director of Fisheries may impose; 21
 Tuesday, June 4, 2019
(d) any ghat exclusively used or reserved for bathing, or
as a sanctuary ghat on which fish are fed on religious
grounds, in any Government tank not falling under
any of the categories (a), (b) or (c);
(e) any tank stocked with carps, except with the

Sachin Kalantre
permission of the Director of Fisheries;
(f) in any Government tank in which the Department of
Fisheries does the work of fishery development or by a
Co-operative Society except on such terms and
conditions as may be imposed by the Director of
Fisheries.
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(1)Where it is proposed to grant the right to fish and carry away

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the fish caught in any Government tank under a permit referred
to in sub-section (2) of Section 166, the Tahsildar shall consult
with the village panchayat, and where there is no village
panchayat with the adult villagers and the local or the District

Sachin Kalantre
Officer of the Department of Fisheries.
(2)In deciding whether or not any such fishing rights in respect of
any tank should or should not be granted shall be had to -
(a)the opinion of the village panchayat, or as the case may be, of
the villagers, the local or the District Officer of the Department
of Fisheries; and

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 Tuesday, June 4, 2019
(b)the claims of the local fishermen who have been holding such
rights in the past:
• Provided that, preference shall be given to co-operative societies of
fishermen in the village or area in which the tank is situate and if

Sachin Kalantre
there are no such co-operative societies or if any of the co-
operative societies functioning in the village are not interested in
being granted fishing rights, then to the fishermen who, in the
opinion of the Collector, have in the past taken interest to fishery
development either by duly fishing in tanks or stocking such tanks
with better varieties of baby fish or by raising fish-seed or netting
grown up fish either by groups themselves or through their co-
operative societies.
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 Tuesday, June 4, 2019
(1) The right to fish and carry away the fish caught in any Government
tank may be granted under a permit in Form C, and shall be for a
period of not less than five years by negotiation with the co-
operative societies of fishermen or the other persons referred to in
Rule 10, and if such societies or persons are not forthcoming or are

Sachin Kalantre
not agreeable to the terms and conditions of the grant, then the
aforesaid rights shall be disposed of by auction.
(2)The fees to be paid in respect of the permit shall be fixed on the
basis of average realisations of the past three years excluding
realisations which in the opinion of the Tahsildar are abnormal.
(3)The grant shall be subject to the condition that the existing nistar
rights of the villagers shall not be interfered with and that in case of
any dispute, the order passed by the Collector shall be final.
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 Tuesday, June 4, 2019
_____ Khasra No., Survey No. Area in hectares
Remarks
or Hissa No.
(1) (2) (3) (4)

Sachin Kalantre
•Land already occupied.. ..
•Additional land declared gaothan in nistar
• Land set apart in gaothan for special purposes.
Note.- Against Head No. 3, write the special purposes in the
remarks column. Burial and burning ground
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 Tuesday, June 4, 2019
_____ Khasra No., Survey No. Area in hectares
or Hissa No. Remarks

(1) (2) (3) (4)

Sachin Kalantre
1. Existing

2. Reserved for future need

3. Special customs, if any

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 Tuesday, June 4, 2019
_____ Khasra No., Survey No. Area in hectares
or Hissa No.
Remarks

(1) (2) (3) (4)

Sachin Kalantre
1. Existing … … …

2. Reserved for future needs …

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 Tuesday, June 4, 2019
_____ Khasra No., Survey No. Area in hectares
or Hissa No. Remarks

Sachin Kalantre
(1) (2) (3) (4)

1. Existing … … …

2. Reserved for future needs …

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 Tuesday, June 4, 2019
_____ Khasra No., Survey No. Area in hectares
or Hissa No. Remarks

(1) (2) (3) (4)

Sachin Kalantre
1. Existing … … …

2. Reserved for future needs …

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 Tuesday, June 4, 2019
_____ Khasra No., Survey No. Area in hectares
or Hissa No. Remarks

(1) (2) (3) (4)

Sachin Kalantre
1. Existing … … …

2. Reserved for future needs …

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 Tuesday, June 4, 2019
_____ Khasra No., Survey Area in hectares
No. or Hissa No.
Remarks

(1) (2) (3) (4)

Sachin Kalantre
1. Existing … … …

2. Reserved for future needs …

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 Tuesday, June 4, 2019
_____ Khasra No., Survey No. Area in hectares
or Hissa No. Remarks

(1) (2) (3) (4)

Sachin Kalantre
1. Existing … … …

2. Reserved for future needs …

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 Tuesday, June 4, 2019
Land reserved for general
grazing

Serial No. Names of Saza No. Circle Khasra No. Area in Remarks
villages Inspector Survey No. hectares

Sachin Kalantre
forming Circle or Hissa No.
zones
(1) (2) (3) (4) (5) (6) (7)

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 Tuesday, June 4, 2019
Serial No. Villages forming Khasra No., Area hectares Remarks

Sachin Kalantre
zones Survey No. or
Hissa No.
(1) (2) (3) (4) (5)

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 Tuesday, June 4, 2019
Serial No. Villages forming Khasra No., Survey Area hectares Remarks
zones No. or Hissa No.

Sachin Kalantre
(1) (2) (3) (4) (5)

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 Tuesday, June 4, 2019
Serial No. Kind of Names of Khasra No., Area in Remarks
occupational villages or Survey No. or hectares
nistar forest from Hissa No.
which nistar

Sachin Kalantre
can be obtained

(1) (2) (3) (4) (5) (6)

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 Rights over Trees on Government Lands

Village Roads, Paths and Rights over them

Serial No. Details of roads and Survey No. or Hissa No. Khasra

Tuesday, June 4, 2019

paths No. of roads or Khasra No.
through which the road passes

(1) (2) (3)

Sachin Kalantre
1. Permanent (metalled roads ) .. … ..

2. Permanent (Khachcha roads) .. … ..

3. Seasonal roads .. … ..

4. Permanent footpaths .. … ..

5. Seasonal footpaths .. … ..

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 Tuesday, June 4, 2019
Width of road Direction of the roads Conditions, if any, Remarks
and paths attached to the use of the
road

Sachin Kalantre
(4) (5) (6) (7)

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

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