Bombay Presidency - Act
The Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969
BOMBAY PRESIDENCY
India
India
The Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969
Act 44 of 1969
- Published on 29 August 1969
- Commenced on 29 August 1969
- [This is the version of this document from 29 August 1969.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions and power to decide questions arising therefrom.
3. Application of this Act to lands held on inami, Fazindari and special tenures and application of Chapter XIV of Code.
4. Abolition of inami tenure and special tenures; extinguishment of superior holder's rights; and liability to pay land revenue.
5. Superior holder to furnish return.
- For the purpose of facilitating assessment of his land, every superior holder shall; within a period of [one year and six months] [These words were substituted for the words 'six months' by Maharashtra 14 of 1972, Section 2.] from the appointed day submit a return to the Collector in respect of his inami or special tenure land giving such information, in such form, as may be prescribed:Provided that, in the case of a. minor or a lunatic the return may be submitted by his guardian, in the case of a trust by its trustees; in the case of a person suffering from a physical or mental disability by his guardian and in the case of an incorporated or unincorporated association, by its authorised agent.6. Penalty for failure to furnish return.
- When a person required to furnish a return under section 5 fails to furnish such return without reasonable cause within the time aforesaid the Collector may, after holding an inquiry in the prescribed manner, impose on the superior holder a penalty of fifty rupees.7. Initial assessment of lands held on inami and special tenures to be fixed under section 8; and after period of guarantee, according to provisions of Code.
- On the commencement of this Act, the assessment of lands held immediately before such commencement on inami tenure (not being lands held under the second inami grant) and special tenure, for land revenue shall be fixed in accordance with the provisions of section 8; and the assessment so fixed shall be leviable with effect from the appointed day; and shall, on the expiry of the period of guarantee, become liable to be fixed in accordance with the provisions of the Code.8. Assessment of lands held on inami or special tenure before appointed day and matters incidental thereto.
9. Saving of mineral rights inamdar
repealed by Maharashtra 16 of 1985, Section 15.10. Power of landlord to receive fifty per cent, of full assessment from tenants; Amendment of Bombay LVII of 1947.
- A landlord of the premises on any inami or special tenture land shall be entitled to recover from his tenant, or if there are more than one tenant, from all such tenants a sum equal to fifty per cent of the amount of assessment payable in respect of such land; and for that purpose, the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 shall be amended in the manner and to the extent specified in the First Schedule.11. Compensation to inamdar of inami land held under Second Inam grant.
- In the case of inami land held under the Second Inam grant, a sum equal to seven times the amount of land revenue proved to have been received by the inamdar for the year immediately preceding the appointed day shall be paid to the inamdar as compensation for the extinguishment under [clause (b)] [This word brackets and letter were substituted for the word brackets and letter 'clause(d)' by Maharashtra 11 of 1976, Section 3. Second Schedule.] of sub-section (1) of section 4 of his rights in such land.12. Compensation in respect of redeemed land.
- The superior holder of redeemed land shall, be entitled to claim by way of compensation for setting aside the redemption of assessment or rent provided by clause (d) of sub-section (1) of section 4, a reduction in the annual payment of land revenue in respect of the land of an amount equal to the amount of annual cess, rent or assessment, payment of which had been redeemed.13. Method of awarding compensation to inamdar.
14. Method of awarding compensation for abolition etc., of rights of other persons in property.
15. Provisions of Land Acquisition Act, 1894 applicable to award.
- Every award made under suction .14 shall be in the form prescribed in section of the Land Acquisition Act, 1894, and the provisions of the said Act shall, so far as may be, apply to the making of such award.16. Appeal to Maharashtra Revenue Tribunal against Collector's award.
- Notwithstanding anything contained in Chapter XV of the Code, an appeal shall lie against the award of the Collector to the Maharashtra Revenue Tribunal constituted under the said Chapter and the provisions of the said Chapter (including provisions regarding limitation and court fee) shall apply to the institution and disposal of such appeal.17. Amount of compensation to be payable in transferable bonds.
- The Amount of compensation payable under the provisions of this Act shall be payable in transferable bonds carrying interest at the rate of four per cent per annum from the date of the issue of such bonds, and shall be repayable during a period of twenty years from the date of the issue of such bonds by equated annual instalments of principal and interest. The bonds shall be of such denominations and shall be in such forms as may be prescribed.18. Superior holder to deliver records to authorised officers.
19. Rules.
20. Amendment of Maharashtra XLI of 1966.
| Provisions of the Code | Extent of Amendment | |
| (1) | (2) | |
| Chapter XIV of the Maharashtra Land Revenue Code, 1966(Maharashtra XLI of 1966). | 1. | In section 261— |
| (1) before clause (a), the following clause shall beinserted, namely: — | ||
| Maharashtra XLIV of 1969. | ||
| "(la) 'CityTenures Abolition Act' means the Bombay City (Inami and SpecialTenures) Abolition and Maharashtra Land Revenue Code (Amendment)Act, 1969;" | ||
| (2) after clause (a), the following new clause shall beinserted, namely:— | ||
| "(aa) revenuedivision means such local area in the City of Bombay as theCollector may, subject to the orders of the State Government, byan order in theOfficial Gazette, constitute to be a revenuedivision for the purpose of determining the standard rate ofassessment of lands therein;" | ||
| (3) after clause (d), the following clause shall be added,namely:— | ||
| "(e) words andexpressions used but not defined in this Chapter shall have themeanings respectively assigned to them in the City TenuresAbolition Act." | ||
| 2. | For section 262, the following shall be substituted,namely:— | |
| "262.Power of Collector to fix and to levy assessmentfor land revenue. | ||
| (1) It shall be the duty of the Collector tofix and to levy the assessment for land revenue subject to theprovisions of sub-section (2) and subsection (3). | ||
| (2) Where there is no right on the part of asuperior holder in limitation of the right of the StateGovernment to assess, then subject to the provisions of the CityTenures Abolition Act, the assessment shall be fixed inaccordance with this Chapter. | ||
| (3) Where there is a right on the part of asuperior holder in limitation of the right of the StateGovernment to assess in consequence of a specific limitestablished and preserved, and not abolished under the CityTenures Abolition Act, the assessment shall not exceed suchspecific limit." | ||
| 3. | After section 262, the following new sections shall beinserted namely:— | |
| "262A. Rate of assessment not to exceed percentage ofmarket value. | ||
| Except as provided in the City TenuresAbolition Act for the initial assessment of lands held on inamiof special tenure, the rate of assessment of such lands in eachrevenue division shall not exceed such percentage of the averageof the market value thereof, when used as unbuilt plots, as theState Government may, from time to time, fix in this behalf onthe basis of the bank rate of interest published by the ReserveBank of India under section 49 of the Reserve Bank of India Act,1934. | ||
| 262B. Standard rate of assessment. | ||
| (1) Subject to the provisions of section 262A,the Collector shall, with the approval of the State Government,fix the rate of assessment per square metre of land in eachrevenue division (to be called 'the standard rate ofassessment') which shall be a sum equal to such percentage ofthe average of the market value of the unbuilt plots in eachdivision as may have been fixed by the State Government undersection 262A. | ||
| (2) The market value shall be estimated in the prescribedmanner on the basis of— | ||
| (a) sales of land in the revenue divisionduring the period of fifteen years immediately preceding theyear in which proceedings for the fixation of the standard rateof assessment are initiated, | ||
| (b) awards relating to the acquisition of landunder the Land. Acquisition Act, 1894, in the revenue divisionduring the period of fifteen years aforesaid, | ||
| (c) rental value of lands in the revenuedivision during the period aforesaid. | ||
| (3) The actual assessment of an individual plotin each revenue division shall be fixed by the Collector at anamount equal to the product of the standard rate of assessmentin rupees per square metre and the area of the plot in squaremetres, rounded off in the prescribed manner (hereinafterreferred to as 'the full assessment'). | ||
| (4) Any person aggrieved by the decision of theCollector regarding the standard rate of assessment or marketvalue of lands in any revenue division, may appeal to the StateGovernment: | ||
| Provided that, the State Government mayauthorise any officer not below the rank of a Deputy Secretaryto decide such appeals. | ||
| (5) The State Government, may make rules undersection 306 for the institution, and disposal of such appeals(including provision for period of limitation and hearing). | ||
| 262C. Publication of standard rates of assessment. | ||
| The standard rates of assessment fixed orrevised under this Chapter shall be published in the OfficialGazette and in such other manner as may be prescribed beforethey are brought into force. | ||
| 262D. Standard rate of assessment to be in force for tenyears until revised. | ||
| The standard rate of assessment fixed for eachdivision shall come into force from the 1st day of the revenueyear immediately following the year in which the rate is fixed;and notwithstanding any alteration in the bank rate of interestor average market value of lands referred to in section 262A,shall remain in force for a period of ten yeas; and shall beliable to be revised in accordance with the provisions of thisChapter after the expiry of the said period. Until it is sorevised, the rate fixed as aforesaid shall be deemed to be inforce. | ||
| 262E. Period of guarantee. | ||
| (1) Notwithstanding any alteration in the bankrate of interest referred to in section 262A, or the revision ofthe standard rate of assessment, the assessment fixed in respectof any land under this Chapter shall remain in force for aperiod of fifty years from the date on which it is fixed, (suchperiod being called 'the period of guarantee'). | ||
| (2) On the expiry of the period of guarantee,the assessment shall be liable to revision; and the foregoingprovisions of this Chapter shall, so far as may be, apply tosuch revision. | ||
| (3) Until the assessment is so revised, theassessment made shall continue in force notwithstanding theexpiry of the period of guarantee." | ||
| 4. | In section 271— | |
| (1) for the words and figures "subject tothe provisions of section 274" the words, brackets, figuresand letter "subject to the provisions of sub-section (4)and (5) of section 262B and section 274" shall besubstituted; | ||
| (2) after the words "make an appealbefore" the words "the State Government, or as thecase may be" shall be inserted. | ||
| 5. | In section 272— | |
| (1) after the words "filing an appealbefore" the words "the State Government, or as thecase may be," shall be inserted; | ||
| (2) after the words "the Collector"where they occur for the first time, the words "the StateGovernment" and after the words "the Collector"where they occur for the second time, the words "of theState Government" shall be inserted. | ||
| 6. | In section 274, for the words "An appeal"the words, brackets, figures and letter "Except as providedin subsections (4) and (5) of section 262B, an appeal shall besubstituted. |