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Section 8: Rules to give effect to the provision of Section 178

The Rajasthan Land Revenue (Settlement Operations) (Board of Revenue) Rules, 1957State Rules of Rajasthan · 1956

(1) The statement of customs respecting rights of, and liabilities on the village shall be in narrative form, it shall be as brief as the nature of the subject admits, and shall not be argumentative but confined to a simple statement of the customs which are ascertained to exist. The statement shall be divided into paragraphs numbered consecutively, each paragraph describing as nearly as may be a separate custom.

(2) The statement shall not contain relating to matters regulated by law, nor shall customs contrary to justice equity conscience, or which have been declared to be void by any competent authority, be entered in it, subject to these restrictions, the statement shall contain information on so many of the following matters as are appurtenant to the villages-

(a) Common land, its cultivation and management, the enjoyment of the proceeds thereof.

(b) Rights of grazing on common land.

(c) Rights to the enjoyment of Say or produce.

(d) Usages relating to village expenses (Malba).

(e) Customs relating to the irrigation of land.

(f) Customs relating to tanks, streams, or natural drainages.

(g) Customs relating to alluvion and dilluvion.

(h) The rights of Government to any property forests, unclaimed unoccupied deserted or wastelands, quarries, ruins or objects of antiquarian interest in land included within the boundaries of the village.

(i) The rights of Government in respect of fish and fisheries in streams, rivers, etc.

(j) The rights or customs regarding drinking water for human beings and cattle.

(k) Any other important usage affecting the rights of land owners, cultivators, or other persons interested in village administration, not being a usage relating to succession and transfer of landed property.

(l) Rights or customs in the village and village site relating to common land and its produce, rights of irrigation, water rights, rights of fishing, rights of persons of other villages over the lands of the village, rights of the villagers over the lands of other villages, rights over the lanes paths, drains and other easements like burial and cremation ground pasture-lands, encamping grounds, threshing, floors, Bazars, skinning grounds, rights to graze and take fuel, manure and rubbish etc.

(3) Where the Wajib-ul-arz exists, it shall be taken as the basis by the Settlement.

Officer for preparation of a revised edition.

(4) When the Dastur Ganwai or Wajib-ul-arz has been prepared, the Settlement Officer shall, on a date fixed and notified at least seven days before the date so fixed, read out to the villagers assembled for the purpose, the contents of the Dastoor Ganwai and if any person raises any objection to anything contained in the Dastur Ganwai or Wajib-ul-arz, the Settlement Officer shall record and decide such objection and his decision shall be final.

Where this provision sits

ActThe Rajasthan Land Revenue (Settlement Operations) (Board of Revenue) Rules, 1957
Section8
Marginal noteRules to give effect to the provision of Section 178
JurisdictionState of Rajasthan
StatusIn force as published by the source

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