State of Maharashtra - Act
The Maharashtra Revenue Patels (Abolition of Office) Act, 1962
MAHARASHTRA
India
India
The Maharashtra Revenue Patels (Abolition of Office) Act, 1962
Act 35 of 1962
- Published on 4 September 1962
- Commenced on 4 September 1962
- [This is the version of this document from 4 September 1962.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary
1. Short title and commencement.
Part II – Abolition of Office of Hereditary Patel and of Watans Appertaining thereto
2. Definitions.
3. Abolition of patel watans together with incidents thereof.
- Notwithstanding anything in any usage, custom, settlement, grant, agreement, or sanad, or in any decree or order of a court, or in the existing watan law, with effect from the appointed day,-4. Powers of Collector to decide certain questions and appeals.
5. Regrant of watan land to watandar.
6. Regrant of watan land to authorised holder.
- When any watan land resumed under section 3 is held by an authorised holder, it shall on an application thereof be regranted to the authorised holder on payment by him to the State Government of the occupancy price mentioned in section 5 and subject to the like conditions and consequences; and all the provisions of section 5 shall apply mutatis mutandis in relation to the regrant of the land under this section to the authorised holder, as if he were a watandar.7. Special rule of succession to be void.
- Any provision of law, usage or practice relating to the succession of any patel watan, whereby contrary to the personal law governing the parties the rule of primogeniture was followed and the female heirs were postponed in favour of male heirs, shall, on and from the appointed day, be void and cease to be in force.8. Application of existing tenancy law.
- If any watan land was been lawfully leased and such lease is subsisting on the appointed day, the provisions of the relevant tenancy law shall apply to the said lease, and the rights and liabilities of the holder of such land his tenant or tenants shall, subject to the provisions of this Part, be governed by the provisions of that law:Provided that, for the purposes of application of the provisions of the relevant tenancy law in regard to the compulsory purchase of land by a tenant, the leases shall be deemed to have commenced from the date of the regrant of the land under section 5 or 6 or 9, as the case may be.Explanations. - For the purposes of this section, the expression "land" shall have the same meaning as is assigned to it in the relevant tenancy law.9. Eviction of unauthorised holder and regrant of watan land to him in certain circumstances and disposal of land not regranted.
10. Regrant of; land subject to Maharashtra Act, XXVII of 1961.
- Where resumed land is regranted under any of the foregoing provisions, it shall be regranted subject to the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 so that by such regrant the land held by the grantee shall not after regrant exceed the ceiling area permissible for his holding under that Act; and any land or part thereof which cannot be regranted accordingly shall be disposed of in accordance with the provisions of the relevant Code and rules applicable to the disposal of unoccupied unalienated land, and any person in possession shall be liable to be summarily evicted therefrom by the Collector in accordance with the provision of that Code.11. Compensation to representative watandar.
- A representative watandar who in consequence of the provisions of this Part ceases to be entitled to the right to perform the duties of the hereditary office of patel of a village, shall be entitled to the payment of compensation equal to seven times the total amount of the annual emoluments, which were paid or were payable to him during the year immediately preceding the appointed day:Provided that, where the emoluments consisted in whole or in part of the profits of the watan land assigned for the remuneration of the officiator for the purpose of calculating compensation payable to the representative watandar, the profits of the assigned watan land shall be taken to be equal to the amount of full land revenue leviable or levied on it in accordance with the provisions of the relevant Code and the rules thereunder.12. Method of awarding compensation to the representative watandar.
13. Method of awarding compensation for abolition, etc., of rights of any other person in property.
14. Provisions of Land Acquisition Act applicable to the form of award and previous approval required in certain cases.
15. Appeal against awards of the Collector.
- Notwithstanding anything in the Bombay Revenue Tribunal Act, 1957, an appeal against an award mode by the Collector under this Part shall lie to the Maharashtra Revenue Tribunal constituted under that Act.16. Procedure before Revenue Tribunal.
17. Limitation.
- Every appeal made under this Part to the Maharashtra Revenue Tribunal shall be filed within sixty days from the date of the award of the Collector. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the filing of such appeal.18. Court-fees.
- Notwithstanding anything in the Bombay Court-fees Act, 1959, every appeal made under this Part to the Maharashtra Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed.19. Finality of awards and decision of Revenue Tribunal.
- An award made by the Collector under this Part subject to an appeal to the Maharashtra Revenue Tribunal, and the decision of the Maharashtra Revenue Tribunal on an appeal under section 15, shall be final and conclusive and shall not be questioned in any suit or proceeding in any court.20. Inquiries and proceedings to be judicial proceedings.
- All inquires and proceedings before the Collector and the Maharashtra Revenue Tribunal under this Part shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 223 of the Indian Penal Code.21. Mode of payment of compensation.
- Subject to provisions of the next succeeding section, the amount of compensation payable under this Part, shall be payable in cash, if it does no exceed one thousand rupees. Where such amount exceeds one thousand rupees, the first one thousand rupees shall be payable in cash, and the remaining amount may be payable in transferable bonds, which shall carry interest at the rate of three per cent per annum from the date of issue of the bonds repayable by equated annual instalments of principal and interest within a period of twenty years from that date. The bonds shall be of such denomination and shall be in such form as may be prescribed.22. Amount of arrears of land revenues etc., to be deducted from the amount of compensation.
- Before making payment of any compensation under this Part to any person, it shall be lawful for the Collector to deduct therefrom-23. Delegation of powers.
- The State Government may, subject to such restrictions and conditions as it may impose, by notification in the Official Gazette delegate to any of its officers not below the rank of Collector, all or any of its powers conferred on it by or under this Part.24. Rules.
25. Savings.
- Nothing in this Part shall effect-Part III – Abolition of Office of Stipendiary Revenue Patel
26. Abolition of office of stipendiary revenue patel and construction of references.
- With effect from the commencement of this Act,-Part IV – Consequential Provisions
27. Amendment of relevant Codes.
- The enactments specified in column 1 of the Schedule hereto appended as hereby amended in the manner and to the extent shown in column 2 thereof.The Schedule(See section 27)| Act | Amendments | |||
| (1) | (2) | |||
| 1. | The Bombay Land Revenue Code, 1879 (Bombay V of 1879). | 1. | In section 16- | |
| (a) in sub-section (1),- | ||||
| (i) for the portion beginning with the words "Itshall be lawful for the State" and ending with the words"subordinate revenue officers", the following shall besubstituted, namely :- | ||||
| "It shall be lawful for the State Governmentto appoint a village accountant for a village or a group ofvillages. The village accountant shall perform all the duties ofvillage accountant as hereinafter prescribed by this Act or anyother law for the time being in force and shall hold hissituation under the rules in force with regard to a subordinaterevenue officer."; | ||||
| (ii) the word "patels and" shall be deleted; | ||||
| (b) in the marginal note, the words "and stipendiarypatel" shall be deleted. | ||||
| 2. | In section 17, the words "by the Patel of his villageor" shall deleted. | |||
| 3. | In section 58,- | |||
| (a) in sub-section (1), the words "and every hereditarypatel" shall be deleted; | ||||
| (b) in sub-section (3), the words "hereditary pateland" and "patel or" shall be deleted. | ||||
| 4. | In section 85,- | |||
| (a) in sub-section (1), | ||||
| (i) for the words "in which there are ahereditary patel and a village accountant" the words "inwhich there is a village accountant" shall be substituted; | ||||
| (ii) the words "patel and" shall bedeleted; | ||||
| (b) in sub-section (2), for the words "patel andaccountant fail" the words "accountant fails"shall be substituted; | ||||
| (c) in sub-section (3), the words "patel or", atboth places where they occur, shall be deleted; | ||||
| (d) in sub-section (4), the words "patel or" shallbe deleted; | ||||
| 5. | In section 94A, in sub-section (1), for thewords "there are a hereditary patel and a villageaccountant" the words "there is a village accountant"shall be substituted. | |||
| 6. | In section 118, the words "patels and other", atboth places where they occur, shall be deleted. | |||
| 2. | The Hyderabad Land Revenue Act (Hyd. Act VIII of 1317 F.) | 1. | In section 2, in clause (15), the words "Patel and"shall be deleted. | |
| 2. | In section 37-A, in sub-section (1), the words"Patel or", at both places where they occur, and thewords "as the case may be," shall be deleted. | |||
| 3. | In section 90, the words "Patels and" shall bedeleted. | |||
| 4. | In section 92, the words "Patel and" shall bedeleted. | |||
| 3. | The Madhya Pradesh Land Revenue Code, 1954 (M. P. Act II of1955). | 1. | In section 120, in sub-section (1), for thewords "patel of the village" the words "patwari"shall be substituted. | |
| 2. | In section 130, the words "patel or",at both places where they occur, and the words "Patel or"in the marginal note shall be deleted. | |||
| 3. | Sections 205 to 210 (both inclusive) and the heading"A-Patels" above them shall be deleted. | |||
| 4. | In section 211, the words "or the performance of theduties entrusted to a patel," shall be deleted. | |||
| 5. | In section 218, in sub-section (8), for thewords "such of the duties of the patel or any other"the word "any" shall be substituted. | |||
| 6. | Section 234 shall be deleted. | |||
| 7. | In section 237, in sub-section (2)- | |||
| (a) in clause (xxxi), the words "patel or" shall bedeleted. | ||||
| (b) clause (xlix) shall be deleted. |