The M.P. Swaiwadharik Adhikar Sampati (Vindhya Pradesh Kshetra) Adhiniyam, 1965
(M.P. Act No. 41 of 1965)
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(a) "date of vesting" in relation to a village or part thereof means the date specified in the notification under sub-section (1) of Section 3 in respect of such village or part thereof;
(b) "proprietor" means,-
(i) a ruler who holds any village as his private property;
(ii) any person who hold village or part thereof under a lambardari lease or any other kind of lease granted by a Ruler whereunder he has a right-
(a) to collect the land revenue on payment of fixed amount of lease money and appropriate the surplus income to his own use;
(b) to cultivate the land and make improvements thereon and on the expiry of the term of lease to sell or mortgage the said improvement;
(c) to sell, mortgage or transfer any immovable property;
(iii) any person who-
(a) holds thika of the Parti Sarkari Khata land in a village along with mahua and mango trees and is entitled to let out lands and to recover rent thereof;
(b) is liable to pay a fixed sum of money annually in lieu of the thika to the Government :
(c) the expression "Rules" shall have the meaning assigned to it in clause (22) of Article 366 of the Constitution of India;
(d) "Vindhya Pradesh Act" means the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952 (XI of 1952).
3. Vesting of proprietary rights in the State. - (1) On and from a date to be specified by a notification by the State Government in this behalf, all proprietary rights in village or part thereof specified in the notification vesting in the proprietor of such village or part thereof or in a person having interest, if any, in such proprietary rights through the proprietor, shall pass from such proprietor or such other person to and vest in 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 of cultivation or for any other purpose shall be made in the land except in accordance with such rules as may he made by the State Government in this behalf. (3) Different dates may be specified under sub-section (1), for different areas. (4) The State Government may vary the date specified under subsection (1) at any time before such date. 4. Application of Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952. - The provisions of Vindhya Pradesh Act and the rules made thereunder shall, so far as may be, apply to the abolition of proprietary rights under this Act as they apply to the abolition of jagirs under the Vindhya Pradesh Act and for that purpose the expressions "proprietor" and "land held by him" and "date of vesting" occurring in this Act shall he construed as "Jagirdar", "Jagir land" and "date of resumption" respectively under the said Vindhya Pradesh Act. 5. Rights of proprietor, tenants, sub-tenants, etc. over land after the date of vesting. - Notwithstanding anything contained in the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959), the land held by a proprietor, shall as from the date of vesting be held by the persons mentioned in column (1) of the Table below in the rights specified in the corresponding entry in column (2) of the said Table :-
|
Person by whom held under the Vindhya Pradesh Act |
Right in which to be held after the date of vesting |
|
(1) |
(2) |
1. |
Sir or Khudkasht or any other land allotted to the ex-proprietor under sub-section (1) or sub-section (2) of Section 22 of the Vindhya Pradesh Act |
Bhumiswami |
2. |
Sir or Khudkasht land settled with a person under Section 24 of the Vindhya Pradesh Act in lieu of maintenance allowance |
Bhumiswami |
3. |
Land held as tenant of Sir land allotted to the ex-proprietor, under Section 22 of the Vindhya Pradesh Act. |
Occupancy tenant |
4. |
Every tenant in the Jagir land who immediately before the date of vesting is entered in the revenue records as a- |
Bhumiswami |
|
(i) Pachpan-paintalis tenant |
Bhumiswami |
|
(ii) Occupancy tenant |
Bhumiswami |
|
(iii) Pattcdar tenant |
Bhumiswami |
|
(iv) Hereditary tenant |
Bhumiswami |
5. |
Every person who immediately before the date of vesting hold any jagir land as a- |
Bhumiswami |
|
(i) rent-free grantee |
Bhumiswami |
|
(ii) non-occupancy tenant |
Bhumiswami |
|
(iii) gairhaqdar tenant |
Bhumiswami |
|
(iv) grove holder |
Bhumiswami |
6. |
Every person who immediately before the date of vesting is entered in the revenue records as an occupancy tenant of any Jagir land other than- |
Bhumiswami |
|
(i) the Sir or Khudkasht land which is allotted to the Jagirdar under Section 22 of the Vindhya Pradesh Act; or |
|
|
(ii) any grove land the possession of which the Jagirdar is entitled to retain under clause (c) of Section 7 of the Vindhya Pradesh Act. |
|