(1) The Government may, by notification, make rules to carry out alj or any of the purposes of this Regulation
(2) Without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the form in which a declaration under sub-section (J) of section 7 may be furnished and the particulars which such declaration shall contain;
(b) the manner in which information regarding lands in excess of the specified limit may be obtained under sub-section (3) of section 7;
(c) the manner in which an inquiry may be made under section 8;
(d) the circumstances under which lands surrendered or deemed to have been surrendered by usufructuary mortgagee or tenant shall revert to the owner under sub-section (1) of section 11;
(e) the manner of allotment under sub-section (1) of section .12 of lands vested in the Government;
(f) the instalments in which the value of the land may be paid -to the Government under sub-section (2) of section 12;
(g) the circumstances under which lands may be resumed under sub-section (3) of section 12;
(h) the value of the court fee stamps to be affixed on an appeal under section 19;
(i) any other matter which has to be or may be prescribed.
(3) Every rule made under this Regulation shall, as soon as may be , after it is made, be laid before the Legislative Assembly while it is m session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the i expiry of the session, in which it is so laid or the sessions aforesaid, the Protection of action taken under this Regulation .
Bar of jurisdici ion Power to make rules.
24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Eegulation to override other laws.
Power to remove difficulties.
Assembly makes any modification, in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
27. The provisions of this Regulation shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or any custom, usage or agreement or decree or order of a court, tribunal or authority,
28. If any difficulty arises in giving effect to the provisions of this Regulation, the Government may, by general or special order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Regulation, as appear to them to be necessary or expedient for the removal of the difficulty:
Provided that no such order shall be made after the expiration of two years from the notified date.
THE SCHEDULE (See section 13) 1 The amount payable to any person under section 13 in respect of any land vested in the Government under this Regulation shall be determined m the manner hereinafter specified.
2. A sum equivalent to the net annual income from the land shall be determined m the first instance.
3. The net annual income from the land shall be the amount of fair rent less the land revenue.
Explanation.—In this Regulation "land revenue" means the land revenue payable as per the Deliberation dated 5th December, 1925 eniorced by the Arrete dated 16th April, 1926 and includes 50 per cent, surcharge thereon and centimes additionals, and charge for water, if any:
Provided that in the case of any land in respect of which no land' revenue is payable, the land revenue in respect of such land shall be the same as the land revenue payable for similar land in the vicinity.
4. The fair rent shall be the aggregate of—
(a) (i) in the case of wet land, 40 per cent, of the average gross produce or its value in money;
(ii) in the case of wet land, the irrigation of which is supplemented by lifting water, 35 per cent, of the average gross produce or its value in money;
(ni) in the case of land on which crops, which do not give any yield within a period of one year from the time of cultivation, are cultivated, 40 per cent of the average gross produce or its value in* money;
SBC 1J THE GAZETTE OF INDIA EXTRAORDINARY 2 5
(iv) m the case of any other class of land, 33-1/3 per cent- of the average gross produce or its value in money:
Provided that in the case of lands referred to in items (ii) and (ru) for the cultivation of which water is lifted by pump-set installed at the cost of the land-owner, the fair rent shall be increased to 40 per cent
Explanation I,—In this paragraph, "average gross produce",—
(i) in Tespect of a land cultivated with any crop which does not give any yield withm a period of one year from the time of cultivation, means the gross produce for one year if the land were cultivated with paddy;
(ii) in respect of a land cultivated with any other crop, means the produce which would be obtained for one year from a land of the same class as the land m question similarly situated and possessing similar advantages if the rainfall and the seasons were normal.
Explanation II.—In the case of land on which different crops are cultivated at different times on different portions of the land, the fair rent shall be calculated with reference to—
(a) the actual crops ordinarily cultivated according to the ordinary rotation of crops in the area in which such land is situated; and
(b) the value of one-fifth of straw or stalk of all the crops cultivated on the land in an agricultural year.
5. In the case of land cultivated by the owner, the fair rent shall be the fair rent as calculated in the manner specified in paragraph 4 in respect of a land of the same class as the land in question, similarly situate ed and possessing similar advantages.
6. The amount payable for the land vested in the Government under this Regulation, which in no case shall exceed five thousand rupees per standard hectare, shall be determined in accordance with the following scale, namely: —
(i) for the first sum of Rs. 5,000 or any portion thereof of the net annual income from the land, ten times such sum or portion;
(ii) for the next sum of Rs. 5,000 or any portion thereof of the net annual income from the land, nine times such sum or portion;
(n?) for the next sum of Rs 5,000 or any portion thereof of the net annual income from the land, eight times such sum or portion;
(iv) for the next sum of Rs 5,000 or any portion thereof of the net annual income from the land, seven times such sum or portion;
(v) for the next sum ot Rs 5,000 or any portion thereof of the net annual income from the land, six times such sum or portion;
(ri) for the next sum of Rs. 5,000 or any portion thereof of the net annual income from the land, five times such sum oi portion,
(vn) for the next sum of Rs 5,000 or any portion thereof of the net annual income from the land, four times such sum or portion;
3 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC 1]
(viii) for the next sum of Rs. 5,000 or any portion thereof of the net annual income from the land, three times such sum or portion;
(ix) for the balance of the net annual Income from the land, two times such balance.
Explanation.—In this paragraph "standard hectare" means,—
(a) In the case of wet land—
(i) 1.20 hectares of wet land assessed to land revenue at a rate exceeding Rs. 10 per hectare;
(ii) 1.40 hectares of wet land assessed to land revenue at a rate exceeding Rs. 7 but not exceeding Rs 10 per hectare;
(Hi) 1 Qi) hectares of wet land assessed to land revenue at a rate exceeding Rs. 4 but not exceeding Rs 7 per hectare;
(iv) 1.80 hectares of wet land assessed fo land revenue at a rate not exceeding Rs. 4 per hectare;
(o'r in the case of dry land, 3 60 hectares of dry land assessed to land revenue at a rate not exceeding Rs 3 per hectare.
7. (a) The amount payable for any building, machinery, plant, apparatus, wells, filter points or power lines vested under this Regulation shall be the written down value determined in accordance with the provisions of the Income-tax Act, 1961, of such building, machinery, plant, apparatus, wells, filter points or power lines, on the date of the order made under section 10
(b) The amount payable for any tree shall be the value of such tree on the date of the order made under section 10 8 The amount payable shall be the aggregate of the amount as calculated under paragraphs 6 and 7 in respect of the land concerned.
FAKHRUDDIN ALI AHMED, President.
43 of 1991.
K K SUNDARAM, Secy, to ihe Govt nf indv.
PMNTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS MINTO ROAn NE'V DELHI AND PUL-LISHED BY THE CONTROLLER OF PUnLICATION3, DELHI 1977