Section 5 in The Maharashtra Merged Territories and Areas (Jagirs Abolition) Act, 1954
5. What persons to be occupants.
(1)In a proprietary jagir village,-(a)in the case of Gharkhed land held by the jagirdar, such jagirdar,(b)in the case of land other than Gharkhed land, which is in the actual possession of the jagirdar or in the possession of a person other than a permanent holder holding through or from the jagirdar, such jagirdar,(c)in the case of Jiwai land held by a cadet of the jagirdar's family,-(i)if such land is in the possession of the cadet and cultivated by him personally or is in the possession of a person other than a permanent holder, holding through or from the cadet, such cadet, and(ii)if such land is held by a permanent holder, such permanent holder, and(d)in the case of land held by a permanent holder, such permanent holder, shall be primarily liable to the State Government for the payment of land revenue due in respect of such land and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or any other law for the time being in force:Provided that in the case of land referred to in clause (b) or sub-clause (i) of clause (c), if the land is in the possession of a person holding through or from the jagirdar or cadet, as the case may be, on payment of rent to the jagirdar or cadet, such person shall be entitled to the rights of an occupant in respect of the land in his possession on payment in the prescribed manner to the jagirdar or the cadet, as the case may be, of the occupancy price equivalent to six multiples of the assessment fixed for such land:[Provided further that subject to the provisions of sub-sections (1A) and (1B)] [This portion was substituted for the words 'Provided further that' by Bombay 58 of 1959, Section 2(1).] the right conferred by the above proviso shall not be exercisable after a period of [six years] [These words were substituted for the words 'four years' by Bombay 85 of 1958. Section 2.] from the appointed date.(1A)[ Where in respect of any jagir village, the enforcement of the provisions of this Act is stayed in compliance with a stay order issued by a Court and the stay order is subsequently vacated, then in the case of any land in such jagir village referred to in clause (b) or sub-clause (i) of clause (c) of sub-section (1), the person entitled to be an occupant of such land in accordance with the provisos to that sub-section shall be deemed to have become the occupant of such land with effect from the date on which the stay order is issued, if(i)he has already paid the occupancy price in accordance with the first proviso to sub-section (1) before the issue of the stay order, or(ii)the whole of such occupancy price is adjustable under sub-section (1B) against the amount of rent, if any, recovered or received from him by the jagirdar or the cadet during the operation of the stay order, or(iii)he pays such occupancy price or the balance thereof remaining unpaid after the adjustment as provided in sub-section (1B), within a period of three months -(a)from the date on which the stay order is vacated, or(b)where the stay order was vacated before the commencement of the Bombay Merged Territories and Areas (Jagirs Abolition) (Amendment) Act, 1959, from the date of such commencement.(1B)If in respect of any land referred to in clause (b), or sub-clause (i) of clause (c), of sub-section (1), the jagridar or as the case may be, the cadet has, during the operation of such stay order recovered or received any amount as rent from the person holding such land on payment of rent then the amount of rent so recovered or received shall, after deducting therefrom an amount equal to the assessment paid by the jagridar or cadet in respect of such land, be adjusted against the occupancy price payable by the person in accordance with the first proviso to sub-section (1) and the jagridar or, as the case may be, the cadet shall, within the prescribed period refund to such person the balance amount, if any, remaining after such adjustment. If the jagridar or cadet fails to refund the balance amount, it shall be recovered from him as an arrear of land revenue and paid to such person.] [Sub-sections (1A) and (1B) were inserted by Bombay 58 of 1959, Section 2(2).](2)In a non-proprietary jagir village,-(a)in the case of Gharkhed land held by the jagirdar, such jagirdar,(b)in the case of and held by a permanent holder, such permanent holder, and(c)in the case of land in the possession of a person who was liable to pay rent to the jagirdar as an incident of the jagir tenure immediately before the appointed date, such person,shall be primarily liable to the State Government for the payment of land revenue due in respect of such land and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or any other law for the time being in force:Provided that the person holding land as referred to in clause (c), shall be entitled to the right of an occupant in respect of such land on payment to the State Government of the occupancy price equivalent to six multiples of the assessment fixed for such land:Provided further that if such person fails to pay the occupancy price within the prescribed period, it shall be recoverable as arrears of land revenue.(3)Nothing in this section shall be deemed to apply to a life-time Jiwai jagir.
