(i) the he is of a bad character;
(ii) that he is unfit by reason or infirmity of body or mind to perform duties of his post;
(iii)that he has been adjudged insolvent by a competent court or has been convicted of an offence involving moral turpitude;
(iv) that he is guilty of disobedience of orders r willful neglect of duty;
(v) that he has been habitually absenting himself from duty; and
(vi) that he has failed to render proper accounts of and deposit the money collected on account of Government dues.
(2) * Choudharies also may be removed by the Deputy Commissioner whenever such removal becomes necessary on account of the re-organization of the Deputy Commissioner’s revenue establishment.
B. CHAUKIDAR
162. The Chaukidar shall be appointed by the Deputy Commissioner from amongst inhabitants of the village. In case of suitable person is not available in the village a person from the neighboring village shall be appointed. He shall perform the following duties:-
(1) He will carry out order of Revenue and Police Officer ___________________________________________________________ * As amended vide notification No. 180/74-F. 52-4 J.I. dt. 5.11.74 Section 139 27
(2) He shall report to Chaudhary or Patwari any misuse of Nistar rights or of Government property and encroachments on Government land and common lands of the village. He will assist the Chaudhary, Patwari and Gram Panchayat in protecting and proper use of the above.
(3) He shall keep watch and ward in the village.
(4) He shall report to the police commission of any cognizable offence in the village and shall arrest a proclaimed offender or a person accused of a cognizable offence. He shall watch all strangers in the village and convey to the Chaudhary and police immediate intelligence of any suspicious person, he shall report to police about any matter likely to affect maintenance of law and order.
(5) He shall report to Chaudhary and Tehsildar outbreak of epidemic or occurrence of any natural calamity.
(6) He shall maintain a register of births and deaths.
(7) He shall also perform such other duties as may be entrusted to him by Deputy Commissioner from time to time.
163. The remuneration of Chaukidars shall be fixed by Deputy Commissioner at such rates as may be sanctioned by Chief Commissioner from time to time.
CHAPTER X A. Tenure Holder
164. (i) A grant of land shall be made in Form “AF”
(ii) A licence shall be grant in Form “AG-1”. “AG-2”, or “AG- 3” as may be appropriate.
(iii) A licence shall be granted for the following purposes to the extent of areas not more than those noted against each.
(1) Agricultural- one hectare, if usable for paddy crop; 105 hectares, if the land is hilly and not usable for paddy crop.
(2) House-200 square meters, if in urban sites areas; 350 square meters, if in non-urban areas.
(iv) Notwithstanding the provisions aforesaid, the Chief Commissioner may, on such terms and subject to such conditions as he thinks fit, grant a licence for a larger area for any specific purpose.
(v) + Making a grant under clause (i) of section 146 or the grant of a licence under clause (ii) of section 146 to any person for occupation of any land for agricultural, Commercial, industrial, residential, religious, charitable, and cultural or any other purpose shall be on payment of a premium at such rates as may from time to time be fixed by Chief Commissioner and specified in the deed of grant of the licence as the case may be and different areas or for a grant or licence to a local authority.
------------------------------------------------------------------------------------------ + A amended and substituted vide notification No. 180/74-F. 52-4 J.I. dt.
5.11.74. Substituted vide notification No. 127. P-No. 51-21/81-M&R dated
8.5/.87 Section 139 Section 146 28
(vi) ++ Notwithstanding anything contained in the clause (v) or any rate of premium fixed thereunder, the Chief Commissioner may, by order, direct that in any case or class of cases for grant of licence under section 146 the premium to be realized from a grantee or licence shall be determined by public auction to be held for the purpose by such Revenue Officer as may be specified in the order Before, however, such auction is held such Revenue Officer shall give wide publicity to the auction and the particulars of the land proposed to be auctioned, the purpose for which the land to be auctioned shall be utilized by the highest bidder (licencee/grantee), the place, time and date of holding the auction terms and conditions of the auction and such other details concerning the auction as may be considered necessary by him for the information of the general public desirous of participating in the auction
165. (1) (a) No building shall be erected within 10 meters from the edge of the road or where a drain exists, 9 meters from the side of the drain. There shall be a minimum set back of 2 meters between two buildings on all sides.
(b) If the erection of re-erection of a building is begun, continued or completed in contravention of the provisions of sub-rule (a), the Deputy Commissioner may by a notice in writing require the building to be altered or demolished to the extent necessary for the compliance of sub-rule (a) above within a reasonable time not less than 15 days from the service of notice as may be specified by him in this behalf in the said notice.
Provided that the Deputy Commissioner may, subject to the approval of the Chief Commissioner, can done the contravention on such amount of compensation as he thinks reasonable.
(c) The amount of compensation to be levied under sub-rule (b) above should be within the maximum limits prescribed hereunder :-
(i) for commercial industrial buildings … An amount not exceeding Rs. 2,000/-
(ii) for other classes of buildings … An amount not exceeding Rs. 1,000/-
(d) If the contravention is not removed within the time fixed by the notice under Sub-rule (b) above, the Deputy Commissioner may, after the expiry of the period of notice carry out the alteration or demolition through his own agency, the cost of which shall be realized from the person concerned as arrears of land revenue.
(2) Notwithstanding anything contained in these rules, the +Deputy Commissioner, may, upon such terms as he thinks fit and in any of the following circumstances, exempt any building or structure from the requirements of minimum set-backs laid down under Rule 165 (1) (a).
------------------------------------------------------------------------------------------ ++ Added vide Notification No. 180/74-F. 52-4 J.I dt. 5.11.1974 + As substituted vide notification No. 100/75/F. No. 52-1/75 dt. 18.10.75 29
(i) where such exemption is necessary in his opinion in the interest of proper utilization of the house site, regard being had to the situation, area nature of terrain, ground level or configuration of the land, or (ii) where such exemption is necessary in his opinion to meet the need of town planning or proper arientation of the building in relation to the particular building or group of buildings or the position and alignment of water mains or sewerage system, or (iii) where such exemption is necessary in his opinion to meet the special needs of any public, religious or charitable institution or any social or cultural organization or like bodies, or (iv) where such exemption is in his opinion conductive to bring about an increase in the amenities of the people in general or of any defined group of people or,
(v) lastly where such exemption is otherwise necessary in his opinion for reasons of public policy.
166. (1) The tenant or sub-tenant shall apply to the Tehsildar for determination of reasonable rent under sub-section (6) of Section 149.
(2) The Tehsildar shall after hearing all the parties affected determine the reasonable rent having regard to the rent prevailing for similar type of soil and cultivation in the village in which the land is located, subject to the maximum rent prescribed under sub-section (5) of Section 149.
(3) For purposes of calculating value of products of any land under clause (a) of sub-section (5) of Section 149 the following factors shall be considered by the Tehsildar :-
(a) The soil classification o the land as determined during revenue survey operations.
(b) The average yield of crops grown on the land, based on crop cutting experiments conducted in the village during the preceding agricultural year on lands having similar soil classification. In case no crop cutting experiments have been conducted on such lands in the village the Tehsildar shall determine the average yield of crops after making local enquiries in the village.
(c) The value of the produce shall be calculated on the basis of the prices prevailing for crops grown on the land at the time of harvest in the preceding agricultural year.
(4) For purposes of sub-section (7) of Section 149-
(a) Every sub-tenant shall pay the rent to his tenant on or before the date of dates prescribed for payment of land revenue.
(b) When the tenant refuses to accept the rent the sun-tenant may remit the amount of rent to the tenant by money order at the cost of the remitter on or before the date prescribed in clause (a).
(5) The receipt for rent to be given by the tenant to his sub-tenant shall be in Form A.H.
Section 149 30