27 Nistar Patrak and Regulation of Fishing Rules-1

MAHARASHTRA LAND REVENUE (NISTAR PATRAK AND
REGULATION OF FISHING) RULES, 1973*
1. Short title :- These rules may be called the Maharashtra Land Revenue
(Nistar Patrak and Regulation of Fishing) Rules, 1973.
2. Definitions :- In these rules -
(a) "Code" means the Maharashtra Land Revenue Code, 1966;

(b) "form" means a Form appended to these rules;
(c) "section" means a section of the Code;

(d) "village" means a village in relation to which a Nistar Patrak is
prepared or is being prepared.
3. Form of Nistar Patrak :- Subject to the provisions of Section 22, 161,

162 and 163, the Collector shall prepare a draft of a Nistar Patrak in Form
A.
4. Preparation of Nistar Patrak :- (1) In preparing a Nistar Patrak, the
Collector shall, as far as possible, determine -
(a) the terms and conditions on which free grazing of cattle in a village
will be permitted :
(b) the terms and conditions on which and extent to which any resident
of the village may obtain -
(i) wood, timber, fuel or any other forest produce;

(ii) mooram, kankar, sand, earth, clay, stones or any other minor
mineral ;
(2) The Collector may -
(i) alter, substitute, or adjust in a suitable manner the area of land

reserved for any purpose as the circumstances of the case or the
interest of the community as a whole may require;
(ii) form grazing timber, and fuel nistar zones in respect of more than
one village;
pkachare@gmail.com Page 1
(iii) record mutual rights of neighbouring villages over the lands of
each other;
(iv) provide for any concession ordered by the State Government
5. Publication of Nistar Patrak :- After the draft of the Nistar Patrak is

prepared, it shall be published, together with a notice in Form B inviting
objections or suggestions from the residents of the village and specifying
a date (which shall be not less than 15 days after the date of publication)
on which and the place (which may be the village Chavdi or any suitable
centre in the locality) at which the objections or suggestions shall be
considered. Such publication shall be done not only in the village for
which the Nistar Patrak is prepared but also in other villages affected by
it. Publication under this rule shall be done by posting copies on the
notice board of Taluka Office and at the village Chavdi concerned; and
also by beat of drum in such village.
6. Enquiry into objections :- On the date and at the place specified in the
notice, the Collector shall enquire into the objections or suggestions, if
any, and pass orders thereon.
7. Decisions on objections :- After the objections or suggestions, if any, are

considered and disposed of, the Collector may make such modifications
in the Nistar Patrak as he may deem necessary in the light of his decisions
on the objections and suggestions and accordingly, finalise the Nistar
Patrak.
8. Promulgation of final Nistar Patrak :- The final Nistar Patrak shall be

read out in the village or at suitable centres, and a copy thereof shall be
kept at the village Chavdi or such other suitable place in the village as
may be fixed by the Collector.
9. Government tanks where fishing prohibited :- No fishing shall be

permitted in,-
(a) any Government tank or ghat exclusively used or reserved for

drinking water, except where fishing is done in a small boat with
the help of nylon-grill net;
(b) any Government tank used for watering cattle, whenever the
Collector forbids fishing in such tank on account of actual or
anticipated scarcity of water, except where the depth of the water is
more than 121.92 centimetres (or 4 feet) and where the fishing is
done with the help of nylon-grill nets;
(c) any Government tank used for pisciculture by the Department of
Fisheries, except on such terms and conditions as the Director of
Fisheries may impose;
(d) any ghat exclusively used or reserved for bathing, or as a sanctuary

ghat on which fish are fed on religious grounds, in any
Government tank not falling under any of the categories (a), (b) or
(c);
(e) any tank stocked with carps, except with the permission of the
Director of Fisheries;
(f) in any Government tank in which the Department of Fisheries does

the work of fishery development or by a Co-operative Society
except on such terms and conditions as may be imposed by the
Director of Fisheries.
10. Procedure for granting fishing rights in Government tanks :- (1)

Where it is proposed to grant the right to fish and carry away the fish
caught in any Government tank under a permit referred to in sub-section
(2) of Section 166, the Tahsildar shall consult with the village panchayat,
and where there is no village panchayat with the adult villagers and the
local or the District Officer of the Department of Fisheries.
(2) In deciding whether or not any such fishing rights in respect of any
tank should or should not be granted shall be had to -
(a) the opinion of the village panchayat, or as the case may be, of the
villagers, the local or the District Officer of the Department of
Fisheries; and
(b) the claims of the local fishermen who have been holding such
rights in the past:
Provided that, preference shall be given to co-operative societies of
fishermen in the village or area in which the tank is situate and if there
are no such co-operative societies or if any of the co-operative societies
functioning in the village are not interested in being granted fishing
rights, then to the fishermen who, in the opinion of the Collector, have in
the past taken interest to fishery development either by duly fishing in
tanks or stocking such tanks with better varieties of baby fish or by
raising fish-seed or netting grown up fish either by groups themselves or
through their co-operative societies.
11. Grant of fishing right :- (1) The right to fish and carry away the fish
caught in any Government tank may be granted under a permit in Form
C, and shall be for a period of not less than five years by negotiation with
the co-operative societies of fishermen or the other persons referred to in
Rule 10, and if such societies or persons are not forthcoming or are not
agreeable to the terms and conditions of the grant, then the aforesaid
rights shall be disposed of by auction.
(2) The fees to be paid in respect of the permit shall be fixed on the
basis of average realisations of the past three years excluding
realisations which in the opinion of the Tahsildar are abnormal.
(3) The grant shall be subject to the condition that the existing nistar
rights of the villagers shall not be interfered with and that in case of
any dispute, the order passed by the Collector shall be final.
12. Saving: - Nothing contained in these rules shall be deemed to affect the
validity of any Nistar Patrak prepared in respect of any land and in force
immediately before the commencement of these rules or any licence,
permit or lease for fishing in Government tanks granted and in force
immediately before such commencement; and any such Nistar Patrak
shall continue to be in force till a new Nistar Patrak is prepared in
accordance with the provisions of these rules, and any such licence,
permit or lease shall continue in force till the expiry of the period for
which it was granted.
FORM 'A'
(See Rule 3)
NISTAR PATRAK
Gaothan
_____ Khasra No., Area in hectares

Survey No. or Remarks
Hissa No.
(1) (2) (3) (4)
1. Land already occupied.. ..
2. Additional land declared gaothan in nistar

3. Land set apart in gaothan for special purposes.
Note.- Against Head No. 3, write the special purposes in the remarks column.
Burial and burning ground
_____ Khasra No., Survey Area in hectares

Remarks
No. or Hissa No.
(1) (2) (3) (4)
1. Existing
2. Reserved for future need
3. Special customs, if any
Gaothan

Remarks
No. or Hissa No.
(1) (2) (3) (4)
1. Existing … … …
2. Reserved for future needs …
Excamping ground

Remarks
No. or Hissa No.
(1) (2) (3) (4)
Threshing floor

Remarks
No. or Hissa No.
(1) (2) (3) (4)
Bazar

Remarks
No. or Hissa No.
(1) (2) (3) (4)
Skinning ground

Remarks
No. or Hissa No.
(1) (2) (3) (4)
Land outside gaothan reserved for public purpose

Remarks
No. or Hissa No.
(1) (2) (3) (4)
Grazing
Land reserved for general

grazing
Serial Names of Saza No. Circle Khasra No. Area in Remarks

No. villages Inspector Survey No. hectares
forming Circle or Hissa No.
zones
(1) (2) (3) (4) (5) (6) (7)
A - ZONES FOR TIMBER AND FUEL, ETC.

A List of Villages Forming Zones from which Nistar can be taken for
Agricultural purposes
Serial No. Villages Khasra No., Area hectares Remarks

forming zones Survey No. or
Hissa No.
(1) (2) (3) (4) (5)
B. LAND RESERVED FOR GROWING OF GRASS, TREES, ETC, TO
PREVENT EROSION OR FOR FUEL-CUM-FODDER RESERVES
Serial No. Villages Khasra No., Area hectares Remarks

forming zones Survey No. or
Hissa No.
(1) (2) (3) (4) (5)
OCCUPATIONAL NISTAR
Serial Kind of Names of Khasra No., Area in Remarks

No. occupational villages or Survey No. or hectares
nistar forest from Hissa No.
which nistar
can be
obtained
(1) (2) (3) (4) (5) (6)
Rights over Trees on Government Lands
Village Roads, Paths and Rights over them
Serial No. Details of roads and paths Survey No. or Hissa No. Khasra
No. of roads or Khasra No.
through which the road passes
(1) (2) (3)
1. Permanent (metalled roads ) .. … ..
2. Permanent (Khachcha roads) .. … ..

3. Seasonal roads .. … ..
4. Permanent footpaths .. … ..
5. Seasonal footpaths .. … ..
Width of Direction of the roads Conditions, if any, Remarks

road and paths attached to the use of the
road
(4) (5) (6) (7)
Note: - If any Khasra number shown in column (3) is occupied, the fact
be mentioned in the remarks column.
_____
MANURE AND RUBBISH
Statement showing Land outside Gaothan earmarked for keeping Manure and
Digging of Manure pits
Survey No., Khasra Area in hecares Remarks

No., Hissa No.
(1) (2) (3)
Irrigation and other Water Rights
Survey No., Hissa Area in hectares

No., Khasra No.
(1) (2) (3) (4)
(a) Tanks
(b) Rivers and Nalas
(c) Public Wells
(d) Other Sources
Where right of irrigation exists
Khasra No. Area in hectares Conditions under Khasra Nos.

irrigated which irrigation is through which
allowed water channels
pass
(5) (6) (7) (8)
Where no right of Rights of Name of Conditions, Remarks

irrigation exists Nistar, if person if any for
any responsible for repairing
Whether Water rate repairs the tanks,
water is charged, if etc,
sold for any
irrigation
(9) (10) (11) (12) (13) (14)
Rs. P.
Note :- (1) No portion of the bed of any tank or other source of irrigation
shall be cultivated so as to prejudice the existing rights of irrigation or other
Nistar rights.
(2) The right to irrigate is in order to proximity of fields so entitled to the

source of supply.
(3) The right to all fisheries in all rivers and streams belongs to the State
Government. The procedure for granting fishing rights would be regulated
under general or special orders issued by the State Government from time to
time.
(4) The right to lease out river beds generally vests in the State and will
be regulated by general or special orders issued by the State Government from
time to time.
Rights of other Villages over the Land of this Village
Rights of this Village over the Land of other Villages
Other Privileges
_________
FORM B
(See Rule 5)
Notice is hereby given that the undersigned proposes to prepare a Nistar

Patrak in respect of village ……., saza…….., taluka………, district…….as
required by sub-section (1) of Section 161 of the Maharashtra Land Revenue
Code, 1966, a draft thereof is appended hereto.
2. Any person, who wants to prefer any objection or make any suggestion
in respect of any entry in the said draft may send in writing to he undersigned
before the ………. (here insert a date not earlier than 15 days from the date of
the publication of this notice). The objections or suggestions shall be considered
on …… at …… between 11-00 and 5-00 p.m.
Given under my hand and seal of this office. This ………………………..

day of ……………..19
Collector.
Copy forwarded to the Village Panchayat………[Panchayat Samiti…….
……for information.
Collector.
FORM C
(See Rule 11)

(Here enter State Emblem)
Permit No.
Permit for fishing and carrying away fish caught in a Government tank
Permit is hereby granted under and subject to the provisions of the

Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), and the rules made
thereunder and subject to the terms and conditions hereinafter specified to …….
Inhabitant of, the Maharashtra Co-Operative Societies Act, 1960, and having its
registered under …………(hereinafter referred to as "the permit holder")
authorising him/ it to fish and carry away fish caught in and from the
Government tank known as the ……..(hereinafter referred to as "the said tank")
situate; lying and being at …………….. village in the ………… taluka in the
…….district and bearing Survey No………… which is more particularly
described in the First Schedule herein for a period of 5 years commencing on
the ………….. day of …………. (hereinafter referred to as "the said term").
The terms and conditions of the permit referred to above are as follows :-
(1) The permit holder shall pay to the Government for the said right in
the said tank the sum of Rs…………by……….equal instalments
(No. of instalments to be decided by the Collector) of which the
first has already been paid in advance, and the subsequent
instalments shall be paid as hereinafter mentioned without any
deduction-
(i) 2nd instalment on or before the day of
(ii) 3rd instalment on or before the day of

(iii) 4th instalment on or before the day of
(iv) 5th instalment on or before the day of
The permit holder shall also duly pay Rs……. being the amount of
local fund cess thereon and also the Zilla Parishad Cess leviable thereon
from time to time:
Provided that, if the fee is not paid on the date when the instalment
falls due whether the sum is demanded or not, the permit holder shall,
unless the Collector for reasons to be recorded in writing waives the
recovery of interest, be liable to pay interest on such arrears at the rate of
……. Per cent per month/annum from the date of default upto the date of
payment. This shall be without prejudice to the other rights, remedies and
powers of the Government.
(2) The permit holder shall carry on only fishing and piscicultural
operations in the said Tank and shall not carry on any other
operations therein.
(3) The permit holder shall duly pay the casses referred to in clause (1)
as well as any other cess, fee or taxes, if any, levied on the said
Tank as and when it becomes due;
(4) The permit holder shall have no other right, title or interest
whatsoever in or over and upon the said tank;
(5) The permit holder shall not during the said term without the
previous permission in writing of the Collector sell, sub-let, assign,
mortgage or otherwise transfer the right hereby granted to him; or
part with the possession of the whole or part of the said tank;
(6) The permit holder shall ________ times during the said term keep
the said tank three from weeds except such as may be necessary for
the proper maintenance and health of the fish therein;
(7) In the exercise of the said rights the permit holder shall obey all
discretion's issued from time to time by ….. or by any officer of the
Department of …… of the …….Zilla Parishad/Municipal Council;
(8) The permit shall not hold ……. Zilla Parishad/Municipal Council
responsible if the water level in the said Tank lowers down or is
lowered for any reason and shall not claim any compensation in
case any loss suffered as a result thereof;
(9) The permit holder shall neither interfere with nor shall adversely
affect in any way, the Nistar rights of the villagers;
(10) The permit holder shall not do any damage to the woods, banks,
fences, hedges and other property of the ……. Village
Panchayat/……..Zilla Parishad/Municipal Council/………….
Municipal Corporation and shall compensate the Village
Panchayat/Zilla Parishad/Municipality/Municipal Corporation as
may be determined by the Collector if any damage be caused to the
said tank;
(11) The permit holder is liable to be summarily terminated if the said
tank is at any time used during the term of the permit for any
purpose other than fishing and pisciultural operations and the
permit holder shall not in that event be entitled to payment for any
compensation;
(12) Failure to comply with any of the above terms and conditions or
with any of the provisions of the Maharashtra Land Revenue Code,
1966, (Mah. XLI of 1966), or of the rules thereunder shall render
this permit liable to be cancelled by the Collector forth with and
thereupon the permit holder shall cease to carry on fishing and
pisciultural operations therein;
(13) The permit holder shall at the expiry or sooner determination of the
said term quietly deliver up to the Collector the possession of the
tank in the same condition in which it was at the date hereof;
(14) If and whether any part of the fee hereby reserved shall be in
arrears or if any sum is due to the Government under these
presents, the same may be recovered from the permit holder as
arrears of land revenue under the law for the time being in force in
that behalf;
(15) If any question or dispute arises between the Government and the
permit holder in relation to or concerning this permit or any
provision contained herein or as to the rights and liabilities of
either of the parties the decision of the Collector in the matter shall
be final and binding on the permit holder.
This permit granted by order and in the name of the

Governor of Maharashtra and under the hand and seal of the
Collector of ………. District ……… this ………….. day of
……..one thousand nine hundred and seventy.
SCHEDULE
(Here enter the Description of Tank)

[Seal of the Collector]
collector of
______________

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MAHARASHTRA LAND REVENUE (NISTAR PATRAK AND

REGULATION OF FISHING) RULES, 1973*

2. Definitions :- In these rules -

(a) "Code" means the Maharashtra Land Revenue Code, 1966;

(c) "section" means a section of the Code;

3. Form of Nistar Patrak :- Subject to the provisions of Section 22, 161,

(i) wood, timber, fuel or any other forest produce;

(2) The Collector may -

(i) alter, substitute, or adjust in a suitable manner the area of land

5. Publication of Nistar Patrak :- After the draft of the Nistar Patrak is

7. Decisions on objections :- After the objections or suggestions, if any, are

8. Promulgation of final Nistar Patrak :- The final Nistar Patrak shall be

9. Government tanks where fishing prohibited :- No fishing shall be

(a) any Government tank or ghat exclusively used or reserved for

(d) any ghat exclusively used or reserved for bathing, or as a sanctuary

(f) in any Government tank in which the Department of Fisheries does

10. Procedure for granting fishing rights in Government tanks :- (1)

_____ Khasra No., Area in hectares

(1) (2) (3) (4)

1. Land already occupied.. ..

2. Additional land declared gaothan in nistar

Burial and burning ground

_____ Khasra No., Survey Area in hectares

(1) (2) (3) (4)

2. Reserved for future need

3. Special customs, if any

_____ Khasra No., Survey Area in hectares

_____ Khasra No., Survey Area in hectares

(1) (2) (3) (4)

2. Reserved for future needs …

_____ Khasra No., Survey Area in hectares

(1) (2) (3) (4)

2. Reserved for future needs …

_____ Khasra No., Survey Area in hectares

_____ Khasra No., Survey Area in hectares

2. Reserved for future needs …

_____ Khasra No., Survey Area in hectares

(1) (2) (3) (4)

2. Reserved for future needs …

Land reserved for general

Serial Names of Saza No. Circle Khasra No. Area in Remarks

(1) (2) (3) (4) (5) (6) (7)

A - ZONES FOR TIMBER AND FUEL, ETC.

Serial No. Villages Khasra No., Area hectares Remarks

(1) (2) (3) (4) (5)

Serial No. Villages Khasra No., Area hectares Remarks

(1) (2) (3) (4) (5)

Serial Kind of Names of Khasra No., Area in Remarks

(1) (2) (3) (4) (5) (6)

Rights over Trees on Government Lands

Village Roads, Paths and Rights over them

(1) (2) (3)

2. Permanent (Khachcha roads) .. … ..

Width of Direction of the roads Conditions, if any, Remarks

(4) (5) (6) (7)

Survey No., Khasra Area in hecares Remarks

Irrigation and other Water Rights

Survey No., Hissa Area in hectares

(b) Rivers and Nalas

(c) Public Wells

(d) Other Sources

Where right of irrigation exists