The Provisions of sections 161 to 167 Rights in unoccupied land shall apply to those areas in the State. To which provisions corresponding thereto applied immediately before the commencement of this Code.
But the State Government may, by notification in the Official Gazette. Apply the sections aforesaid to such other areas in the State as may be specified in the notification.
Who prepare Nistar Patrak, निस्तर पत्रक section 161 Maharashtra land revenue
Nistar patrak is management documents of unoccupied land of village. In which all the description of unoccupied land of village is mentioned. And it manged by the collector of that district.
As section 161 of Maharashtra land revenue code states that
(1) The Collector shall consistently with the provisions of this Code and the rules made thereunder, Prepare a Nistar Patrak.
Embodying a scheme of management of all unoccupied land in a village and all matters incidental thereto. And more particularly the matters specified in section 162.
How draft of nistar patrak finalized, Rights in unoccupied land
The section 161(2) provides that a draft of Nistar Patrak shall be prepared as mentioned above clause (1). And published in the village after that it shall be finalized by collector of that district.
(2) A draft of the Nistar Patrak shall be published in the village and after ascertaining the wishes of the residents of the village in the manner determined by the Collector, it shall be finalised by the Collector.
Modification of Nistar Patrak, Maharashtra land revenue code
The modification of Nistar Patrak may be done by collector on the request of the village Panchayat. If there is no village Panchayat then on application of adult residents not less than 1/4 of adult residents of a village.
As mentioned in section 161(3) of Maharashtra land revenue code that:-
- (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.
What Matters to be provided for in Nistar Patrak section 162, Maharashtra land revenue
The following matters shall be provided in a Nistar Patrak, that is to say-
- (a) The terms and conditions on which grazing of cattle in the village will be permitted.
- (b) The terms and conditions on which and the extent to which any resident of the village may obtain,-
- (i) wood, timber, fuel or any other forest produce,
- (ii) moram, kankar, sand, earth, clay, stones or any other minor minerals.
- (c) Instructions regulating generally the grazing of cattle and removal of articles mentioned in paragraph (b),
- (d) Any other matter required to be recorded in the Nistar Patrak by or under this Code.
Provisions collector make in Nistar Patrak for certain matters, Section 163 Maharashtra land revenue
In preparing a Nistar Patrak the Collector shall, as far as possible, make provision for-
- (a) free grazing of the cattle used for agriculture,
- (b) removal free of charge by the residents of the village for their bona fide domestic consumption of any-
- (i) forest product,
- (ii) minor minerals.
- (c) The concessions to be granted to the village craftsmen for the removal of articles specified in clause (b) for the purpose of their craft.
Right in waste land of another village, Section 164 Maharashtra land revenue
- (1) Where the Collector is of the opinion that waste land of any village is insufficient and it is in the public interest to proceed under this section.
- He may after such enquiry as he deems fit, order that the residents of the village shall have a right of Nistar. or
- A right of grazing cattle, as the case may be, in the neighbouring village to the extent specified in the order.
Village having a right on unoccupied land, Maharashtra land revenue
(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.
Application enquiry on unoccupied land use, Maharashtra land revenue
- (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 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.
Route of passage, on unoccupied land Maharashtra land revenue
- (4) The Collector shall, thereupon, determine the route of passage through unoccupied land. and
- Shall restrict such route in such manner as to cause minimum inconvenience to the residents of the village through which it passes.
Collector decision, unoccupied land Maharashtra land revenue code
- (5) The Collector may, if he thinks fit, demarcate such route.
- (6) Orders passed by the Collector under this section shall be recorded in the Nistar Patrak.
- (7) Where the village mentioned in sub-section (1) lie in different districts, the following provisions shall apply, namely.
- (a) the orders specifying the right of Nistar or the right of grazing cattle shall be passed by the Collector in whose district the village over which such right is claimed lies.
- (b) any orders regarding route of passages shall be passed by the Collector in whose respective jurisdiction the area over which passage is allowed lies.
- (c) the Collector passing an order in accordance with clauses (a) and (b) shall consult in writing the other Collector concerned.
Wajib-ul-arz section 165 Maharashtra land revenue code, Rights in unoccupied land
(1) As soon as may be after this Code comes into force, the Collector shall, according to any general or special order made by the State Government
in that behalf.
Ascertain and record the customs in each village in regard to-
- (a) The right to irrigation or right of way or other easements.
What is Wajib-ul-arz control and management, Maharashtra land revenue code
- (b) The right to fishing, in any land or water 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.
Final and conclusive Wajib-ul-arz, Rights in unoccupied land
(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.
Aggrieved person Wajib-ul-arz control and management entry, Rights in unoccupied land
(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.
Modification of entry Wajib-ul-arz by collector, Maharashtra land revenue code, Rights in unoccupied land
(4) The Collector may, on the application of any person interested therein or on his own motion, modify any entry or insert any new entry in the Wajib ul-arz on any of the following grounds-
- (a) That, all persons interested in such entry wish to have it modified. or
- (b) That, by a decree in a civil suit, it has been declared to be erroneous, or
- (c) That, being founded on a decree or order of a Civil Court or on the order of a revenue officer, it is not in accordance with such decree or order. or
- (d) That, being so founded, such decree or order has subsequently been varied on appeal, revision or review, or
- (e) that, the Civil Court has by a decree determined any custom existing in the village.
Regulation of fishing, etc, section 166 Maharashtra land revenue code, Rights in unoccupied land
(1) The State Government may make rules for regulating-
- (a) fishing in Government tanks,
- (b) the removal of any materials from lands belonging to the State Government.
(2) Such rules may provide for the issue of permits, the conditions attaching to such permits and the imposition of fees there for and other incidental matters.
Punishment for contravention of provisions section 167 Maharashtra land revenue
- (1) Except as otherwise provided in this Code, any person who acts in contravention of the provisions in sections 161 to 166 or rules made under section 166. or
- Who contravenes or fails to observe any rules or custom entered in the Wajib-ul-arz or commits a breach of any entry entered in the Nistar Patrak shall be liable to such penalty.
- Not exceeding rupees one thousand as the Collector may, after giving such person an opportunity to be heard, deem fit. and
- The Collector may further order confiscation of any produce, or any other produce which such person may have appropriated Or
- Removed from lands belonging to the State Government.
Prevent loss or injury to the public owing, by Collector
- (2) Where the Collector passes an order imposing a penalty under this section,
- he may direct that the whole or any part of the penalty may be applied.
- To meeting the cost -of such measures as may be necessary to prevent loss or injury to the public owing to such contravention breach or non-observance.