(i) The general rules given elsewhere should be carefully observed in respect of lands situated in date groves. The Excise Commissioner should issue suitable instructions to District Excise Officers to see that refe¬rences from Revenue Officers on this subject are promptly replied to. A time limit not exceeding two months may be fixed within which such references should be disposed of. Delay requiring notice should be reported for the orders of the Deputy Commissioner. The date reserve lists should be prepared with sufficient care and attention; lands not fit to be reserved for excise purposes, on account of the sparsity of the tree growth or other causes, should not be included in the list.
(ii) Uniform rate of annas eight per date tree should be recovered on all trees standing on lands applied for cultivation granted to bona fide agriculturists. (G.O. No. Fl. 302-70—Ex. 70-39-7, dated 13th July 1940).
(iii) Malki at a uniform rate of annas two per date tree of less than 3 feet in height may be recovered, seed¬lings being left out of account. (G.O. No. Fl. 1145-1200—Ex. 144-40-4, dated 20th August 1941).
(iv) Non tappable date trees may be given to depressed class applicants for building purposes at eight annas per tree. (No. S.R. 3316.92—Ex. 69-47-2, dated 29th March 1948).
(v) When lands are sold or granted on Darkhast, date or other trees should not be reserved. The trees may be granted for upset price put on them or sold out¬right with the land on which they are standing. G.0. No. R. 973-81, dated 23rd August 1901).
(VI)RULES
(1) When an application for land included in the Date Reserve list is received and the Amildar is in favour of the grant of the land (in view of the paucity of suitable lands in the neighbourhood of the locality or for other reasons), the Sub-Division Officer and the Dis¬trict Excise Officer should consult each other, inspect the land, and if they are jointly of opinion that the land may be given out for cultivation, the application should be disposed of under the " Darkhast" rules. (G.O. No. Fl. 1829-38—Ex. 27-28-2, dated 23rd August 1928).
(2) When the Sub-Division Officer and the Dis¬trict Excise Officer disagree, the matter should be referred to the Deputy Commissioner, who, if he agrees with the District Excise Officer that the land ought not to be given out for cultivation, may reject the application subject to appeal to the Revenue Commissioner by the applicant. On the other hand, if the Deputy Commissioner over¬rules the opinion of the District Excise Officer, three months' time should be given to the District Excise Officer to bring the case before the Excise Commissioner with a view to his moving the Government to have the Deputy Commissioner's orders revised by Government, if neces¬sary.
(3) In districts where there are no District Excise Officers, the Amildar should refer the matter to the Excise Inspector of the Range concerned for his opinion. The latter should, after inspecting the land, furnish his opinion to the Sub-Divisional Officer. If the Sub-Divi¬sional Officer, after inspecting the land where necessary, agrees with the opinion of the Excise Inspector that the land may not be given out for cultivation he may return the records to the Range Inspector and permit him to inform the Amildar accordingly. If the Amildar is not satisfied with the Inspector's opinion, he may submit the records to the Sub-Divisional Officer with his further opinion in the matter. If the Sub-Divisional Officer is not even then in favour of granting the land for cultivation he may reject the application. It is then open to the party to the appeal to the Deputy Commissioner.
(4) If the Sub-Division Officer disagrees with the Excise Inspector and is of opinion that the land may be granted for cultivation, he should forward the papers to the Deputy Commissioner. Orders passed by the Deputy Commissioner rejecting the darkhast will be subject to appeal to the Revenue Commissioner.
(5) If on appeal preferred under paras (2) and (4) the Revenue Commissioner is unable to agree with the Deputy Commissioner, the matter should be referred to Government who after consulting the Excise Commis¬sioner, if necessary, will dispose of the case in the best interest of both the Departments.
(6) Ordinarily, in deciding cases under the fore¬going rules, the proved requirements of bona fide culti¬vators shall have precedence over those of Excise Revenue in the case of all assessed lands and vice verm in the case of all unassessed lands.
(7) When a darkhast for land is finally rejected under the foregoing rules, a note to that effect shall be made in the " Index of lands " and all subsequent dar-khasts for the same land shall be summarily rejected for a period of three successive years from the date of rejec¬tion.
GRAZING AND CULTIVATION IN DATE GROVES.
(VII.) (i)' Where there is spontaneous growth of date, in any special tract, cattle grazing must cease and the natural reproduction promoted by the best practicable means. All tract reserved as date groves, should be excluded from hulbanni sales ; but, applications for cut¬ting and removing grass therefrom may be entertained.
(ii) Appreciable empty spaces fit for cultivation available in date groves or tracts may be sub-divided and given out for cultivation when there is a demand for the same. When any grove has been given away for perma¬nent assessment, the Revenue and Excise Officials should see thai the terms of the grant are not in any manner violated.
(VIII.) (a) All the surrendered areas should be inspected. If they contain a very large number of date trees steps may be taken to reserve them as date groves ; if they are portions of tank beds, State Forests, gomal, etc., action may be taken to reserve them as such and the remaining areas classified into arable and unarable. Particulars of unarable areas available in compact blocks not less than 500 acres in extent may be communicated to the Chief Conservator of Forests with a view to an investigation being made as to whether any Forest Plantation is possible in these blocks. As regards the other unarable areas action may be taken wherever pos¬sible to form Village Forests and in other cases the areas may be treated as Kharab. As regards arable areas, the local Revenue Officers may take immediate action for their disposal for cultivation. (G.O. No. R. 1705-16—L.R. 424-28-3, dated 30th August 1929).
(b) With a view to have the date groves thus examined Special Revenue Inspectors may be appointed wherever the areas to be examined are very large.
(c) The Date Reserve lists prepared by the Excise Department should be revised by substituting the revi¬sion survey numbers in place of the old survey numbers mentioned therein. The Revenue Department should intimate to the Excise Department a list of date reserves which are required for cultivation, so that the District Excise Officer and Sub-Division Officer might jointly inspect them and take steps to throw them open for culti-vations, if possible.
(ii) Uniform rate of annas eight per date tree should be recovered on all trees standing on lands applied for cultivation granted to bona fide agriculturists. (G.O. No. Fl. 302-70—Ex. 70-39-7, dated 13th July 1940).
(iii) Malki at a uniform rate of annas two per date tree of less than 3 feet in height may be recovered, seed¬lings being left out of account. (G.O. No. Fl. 1145-1200—Ex. 144-40-4, dated 20th August 1941).
(iv) Non tappable date trees may be given to depressed class applicants for building purposes at eight annas per tree. (No. S.R. 3316.92—Ex. 69-47-2, dated 29th March 1948).
(v) When lands are sold or granted on Darkhast, date or other trees should not be reserved. The trees may be granted for upset price put on them or sold out¬right with the land on which they are standing. G.0. No. R. 973-81, dated 23rd August 1901).
(VI)RULES
(1) When an application for land included in the Date Reserve list is received and the Amildar is in favour of the grant of the land (in view of the paucity of suitable lands in the neighbourhood of the locality or for other reasons), the Sub-Division Officer and the Dis¬trict Excise Officer should consult each other, inspect the land, and if they are jointly of opinion that the land may be given out for cultivation, the application should be disposed of under the " Darkhast" rules. (G.O. No. Fl. 1829-38—Ex. 27-28-2, dated 23rd August 1928).
(2) When the Sub-Division Officer and the Dis¬trict Excise Officer disagree, the matter should be referred to the Deputy Commissioner, who, if he agrees with the District Excise Officer that the land ought not to be given out for cultivation, may reject the application subject to appeal to the Revenue Commissioner by the applicant. On the other hand, if the Deputy Commissioner over¬rules the opinion of the District Excise Officer, three months' time should be given to the District Excise Officer to bring the case before the Excise Commissioner with a view to his moving the Government to have the Deputy Commissioner's orders revised by Government, if neces¬sary.
(3) In districts where there are no District Excise Officers, the Amildar should refer the matter to the Excise Inspector of the Range concerned for his opinion. The latter should, after inspecting the land, furnish his opinion to the Sub-Divisional Officer. If the Sub-Divi¬sional Officer, after inspecting the land where necessary, agrees with the opinion of the Excise Inspector that the land may not be given out for cultivation he may return the records to the Range Inspector and permit him to inform the Amildar accordingly. If the Amildar is not satisfied with the Inspector's opinion, he may submit the records to the Sub-Divisional Officer with his further opinion in the matter. If the Sub-Divisional Officer is not even then in favour of granting the land for cultivation he may reject the application. It is then open to the party to the appeal to the Deputy Commissioner.
(4) If the Sub-Division Officer disagrees with the Excise Inspector and is of opinion that the land may be granted for cultivation, he should forward the papers to the Deputy Commissioner. Orders passed by the Deputy Commissioner rejecting the darkhast will be subject to appeal to the Revenue Commissioner.
(5) If on appeal preferred under paras (2) and (4) the Revenue Commissioner is unable to agree with the Deputy Commissioner, the matter should be referred to Government who after consulting the Excise Commis¬sioner, if necessary, will dispose of the case in the best interest of both the Departments.
(6) Ordinarily, in deciding cases under the fore¬going rules, the proved requirements of bona fide culti¬vators shall have precedence over those of Excise Revenue in the case of all assessed lands and vice verm in the case of all unassessed lands.
(7) When a darkhast for land is finally rejected under the foregoing rules, a note to that effect shall be made in the " Index of lands " and all subsequent dar-khasts for the same land shall be summarily rejected for a period of three successive years from the date of rejec¬tion.
GRAZING AND CULTIVATION IN DATE GROVES.
(VII.) (i)' Where there is spontaneous growth of date, in any special tract, cattle grazing must cease and the natural reproduction promoted by the best practicable means. All tract reserved as date groves, should be excluded from hulbanni sales ; but, applications for cut¬ting and removing grass therefrom may be entertained.
(ii) Appreciable empty spaces fit for cultivation available in date groves or tracts may be sub-divided and given out for cultivation when there is a demand for the same. When any grove has been given away for perma¬nent assessment, the Revenue and Excise Officials should see thai the terms of the grant are not in any manner violated.
(VIII.) (a) All the surrendered areas should be inspected. If they contain a very large number of date trees steps may be taken to reserve them as date groves ; if they are portions of tank beds, State Forests, gomal, etc., action may be taken to reserve them as such and the remaining areas classified into arable and unarable. Particulars of unarable areas available in compact blocks not less than 500 acres in extent may be communicated to the Chief Conservator of Forests with a view to an investigation being made as to whether any Forest Plantation is possible in these blocks. As regards the other unarable areas action may be taken wherever pos¬sible to form Village Forests and in other cases the areas may be treated as Kharab. As regards arable areas, the local Revenue Officers may take immediate action for their disposal for cultivation. (G.O. No. R. 1705-16—L.R. 424-28-3, dated 30th August 1929).
(b) With a view to have the date groves thus examined Special Revenue Inspectors may be appointed wherever the areas to be examined are very large.
(c) The Date Reserve lists prepared by the Excise Department should be revised by substituting the revi¬sion survey numbers in place of the old survey numbers mentioned therein. The Revenue Department should intimate to the Excise Department a list of date reserves which are required for cultivation, so that the District Excise Officer and Sub-Division Officer might jointly inspect them and take steps to throw them open for culti-vations, if possible.
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