RULE

BALUCHISTAN LAND REFORMS (APPOINTMENT BALUCHISTAN LAND REFORMS (APPOINTMENT OF MANAGERS, ACQUISITION AND UTILISATION OF IMPARTIBLE JOINT HOLDINGS) RULES, 1978 [Gazette of Baluchistan, Extraordinary, 29th May 1978] No. 258/BLR‑348.‑In exercise of the powers conferred by paragraph 6 of the Land Reforms Regulation, 1972 (M. L. R. 115) the Baluchistan Land Commission is pleased to frame the following rules for carrying out the purposes of paragraph 23 of the said Regulation, namely :‑ 1. Short title, extent and commencement.‑(1) These rules may be called the Baluchistan Land Reforms (Appointment of Managers, Acquisition and Utilization of impartible Joint Holdings) Rules, 1978. (2) They shall come into force at once. (3) They shall apply to the whole of Baluchistan. 2. Definitions.‑(() In these rules unless there is anything repugnant in the subject or context, the following terms and expressions shall have meaning hereby respectively assigned to them that is to say‑ (a) "Chief Land Commissioner" means the Chief Land Commissioner nominated by the Commission under sub‑paragraph (4) of paragraph 4 of the Regulation and shall include any person for the time being functioning as such ; (b) "Commission" means Land Commission of the Baluchistan constituted under sub‑paragraph (1) of paragraph 4 of the Regulation ; (c) "Collector" means the Chief Officer incharge of the revenue adminis tration of a District, and includes a Deputy Land Commissioner and any other officer specially empowered by the Chief Land Commissioner to perform the functions of Collector under these Rules ; (d) "Commissioner" means the Chief Officer incharge of the revenue administration of a Division and includes a Land Commissioner and any other officer specially empowered by the Chief Land Commissioner to perform the functions of a Commissioner under these Rules ; (e) "Deputy Land Commissioner" means an officer appointed as such under the Regulation and includes an officer for the time being functioning as such ; (f) "Land Commissioner" means an officer appointed as such under the Regulation and shall include any person for the time being functioning as such ;and (g) "Regulation" means the Land Reforms Regulation, 1972. (2) Any other term or expression used in these Rules not herein defined shall have the same meaning as assigned to it in the Regulation. 3. Application for the Appointment of a Manager.‑(1) The co‑sharers of impartible joint holding, or any one of them, may make an application under clause (b) of sub‑paragraph (2) of paragraph 23 of the Regulation to the Collector of the District in which the joint holding is situate to nominate one of the co‑sharers as manager of the said joint holding. (2) On receipt of such an application, the Collector shall issue a notice to all the co‑sharers and give them an opportunity to be beard in person. (3) If there is a dispute regarding the management of any such joint holding but the co‑sharers neither select a manager nor do they make an application to the Collector of the District under sub‑paragraph (2) of paragraph 23 of the Regulation, the Collector may in such case, of his own motion, take action, with regard to the appointment of a manager of such joint holding or the joint holding shall be leased out to the highest bidder in the presence of such so‑sharers who may be present, for a period of one year (likely to be renewed if there is no re‑approachment during the year) and the bid money distributed among them according to their respective shares recorded in the jamabandi. 4. Qualification of the manager.‑(1) The Collector may nominate one of the co‑sharers of the joint holding as the manager or may nominate as manager a person who is not a co‑sharer. (2) The Collector, while nominating the manager, shall have regard, among other matters, to the following factors‑ (i) the co‑sharer proposed to be appointed as manager should be in self‑cultivating possession of his share ; (ii) he should be a resident of the revenue estate in which the joint holding is situated ; (tv) he should not be of doubtful integrity or convicted of an offence involving moral turpitude ; (v) he should not be seriously embarrassed by debt ; (vi) he should not, owing to age or physical or mental incapacity, be disabled from discharging duties as manager ; (vii) he should be able and willing to discharge his duties as manager. 5. Term of appointment of the manager.‑Subject to the provisions of rule 7, the term of office of manager shall be three years, but a person appointed as manager shall be eligible for re‑appointment for a second or subsequent term. 6. Maintenance of accounts of produce.‑The manager shall‑ (a) maintain an account of the produce received from the joint holding ; (b) be responsible for the' payment of all Government dues chargeable on the holding ; (c) distribute the produce or income from the joint holding among other co‑sharers in accordances with their shares in the joint holding and obtain proper receipts from them ; (d) if so required by the Collector, produce the receipt of the co‑sharers, and render accounts to the Collector or any other officer appointed by him in this behalf. 7. Acquisition of an impartible joint holding acid payment of compensa tion.‑If the Collector is of the opinion that joint management of an impartible joint holding is not possible under these rules, he may, after giving an opportunity to the co‑sharers to state their objections, if any, acquire the joint holding and determine the compensation payable to the co‑sharers in accordance with the general principles applicable to the acquisition of land for public purposes. (2) The compensation determined under sub‑rule (1) shall be paid out of the funds of the Commission. 8. Utilization of joint holding after its acquisition.‑After acquisition under rule 7, the joint holding shall, in the first instance, be offered by the Collector for sale, in single lot, to the tenants in cultivating possession of it, at a price equal to the amount of compensation paid to the co‑sharers which should be recovered in lump sum, before the sale order is issued. And if there is no such tenant or the land is not purchased by the tenants, the Collector shall sell the land by open auction subject to a reserve price equal to the amount of compensation paid to the co‑sharers. .. At the time of conclusion of auction only 1/4th of bid money will be recovered from the highest bidder. The auction will be subject to the approval by Chief Land Commissioner, Baluchistan. The Chief Land Com missioner can also reject the auction without assigning any reasons therefor and order for its disposal by auction afresh. The balance of auction price will be paid by the successful purchaser at the time the ijazatnama, to be issued by the Collector after the confirmation of auction by the Chief Land commissioner is given to the auction‑purchaser. (2) The sale proceeds realized under rule (1) shall be deposited into the account of the Commission. 9. Removal of Manager.‑The Collector may remove a manager, if according to his information, judgment or opinion‑ . (a) be ceases to be a co‑sharer in the joint holding ; or (b) he mortgages his share in the joint holding or a substantial portion thereof to any one, except the Agricultural Development Finance Corporation or any other Government sponsored institution for the development of his holding ; or (c) there are reasons to believe that he is seriously embarrassed by debt (d) owing to age or physical or mental incapacity or absence from the estate, he is unable to discharge the duties of his office ; or (e) his conduct has been unsatisfactory ; or (i) he has been of doubtful integrity or convicted of an offence involving moral turpitude ; or (g) he has otherwise failed to manage the holding satisfactorily. 10. Appeals.‑Any person aggrieved by an order passed under rule 4.5 or 9 may, within 30 days of the passing of such order, appeal against the order of the Collector to the Commissioner of the Division, who may modify, reverse or confirm the same. 11. The Chief Land Commissioner, may, on his own motion or on the application of an aggrieved party made within 30 days, of passing of an order revise an order passed by the Commissioner under rule 10. 12.‑(1) A Commissioner or a Collector may, either of his own motion or on an application made to him by any person interested in that behalf, within 30 days from the date of passing of an order, review any order passed by himself or by his predecessor‑in‑office, and on so reviewing modify, revise or confirm the same. (2) An order shall not be modified or reversed under this sub‑rule (1) unless reasonable notice has been given to the persons affected thereby to appear and to be heard. (3) An order against which an appeal has been preferred shall not be reviewed. (4) An appeal shall not lie from an order refusing to review or confirming or review a previous order. 13. Subject to the provisions of rules 10, 11 and 12 an order made under these rules shall be final.