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Bombay Presidency - Act

The Bombay land Tenure Abolition laws (Amendment) Act, 1958

BOMBAY PRESIDENCY
India

The Bombay land Tenure Abolition laws (Amendment) Act, 1958

Act 57 of 1958

Published on 10 June 1958
Commenced on 10 June 1958
[This is the version of this document from 10 June 1958.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay land Tenure Abolition laws (Amendment) Act, 1958Bombay Act No. 57 of 1958[Dated 10th June, 1958]For Statement of Objects and Reasons, see Bombay Government Gazette, 1958, Extraordinary.An Act further to define permanent tenants, inferior holders and permanent holders for the purposes of certain Land Tenure Abolition Laws and to provide for certain other matters.Whereas it is expedient further to define permanent tenants, inferior holders and permanent holders for the purposes of certain laws providing for the abolition of certain land tenures in the State of Bombay, and to provide for certain other matters hereinafter appearing; It is hereby enacted in the Ninth Year of the Republic of India as follows

1. Short title and extent.

(1)This Act may be called the Bombay Land Tenure Abolition Laws (Amendment) Act, 1958.

(2)It extends to the pre-Reorganisation State of Bombay, excluding the transferred territories.

2. Definitions.

- In this Act, unless the context requires otherwise,-

(1)"land tenure" means -

(a)taluqdari tenure,

(b)kauli and katuban tenure,

(c)personal inam,

(d)service inam,

(e)jagir,

(f)alienation,

(g)bhil naik inam, or

(h)political inam,

within the meaning of the relevant Land Tenure Abolition law;

(2)"Land Tenure Abolition law" means -

(a)in relation to a permanent tenant, the Acts specified in Part I of the Schedule, and

(b)in relation to a permanent holder or inferior holder, the Acts and rules specified in Part II of the Schedule;

(3)"tenure-holder" means -

(a)a taluqdar,

(b)a kaul holder,

(c)an inamdar,

(d)a holder,

(e)a jagirdar, or, as the case may be, a cadet of his family,

(f)an alienee, or

(g)holder of a political inam,

within the meaning of the relevant Land Tenure Abolition law;

(4)"tenure-land" means-

(a)taluqdari land,

(b)kauli or katuban land,

(c)inam land,

(d)jagir land,

(e)service inam land,

(f)alienated land, or

(g)land held as political inam,

within the meaning of the relevant Land Tenure Abolition law.

3. Persons entered in record of rights, etc., as inferior holders, permanent holders or permanent tenants to be deemed to be so for purposes of certain Act and rules.

- A person shall, within the meaning of the relevant Land Tenure Abolition law, be deemed to be an inferior holder a permanent holder or, as the case may be, a permanent tenant, on the date of the abolition of the relevant land tenure, if his name has been recorded in the record of rights or other public or revenue record as an inferior holder, permanent holder or permanent tenant in respect of any tenure-land-

(a)on the date of the abolition of the relevant land tenure, or

(b)in pursuance of orders issued during the course of any proceedings under the relevant Land Tenure Abolition law or as the case may be, the Bombay Land Revenue Code, 1879 -

(i)before the commencement of this Act, of

(ii)after the commencement of this Act in cases in which inquiries were pending at the commencement of this Act, or

(c)in pursuance of an order issued by the Mamlatdar in respect of an entry under section 6 of this Act.

4. Permanent tenants for the purpose of certain Land Tenure Abolition laws.

- For the purposes of the relevant Act specified in Part I of the Schedule, a person -

(a)who on the date of the commencement of that Act was holding any tenure, land, and

(b)who and whose predecessors in title, if any, were, immediately before that date for such continuous periods as aggregate to a total continuous period of twelve years or more, holding the same tenure-land or any other tenure-land, as a tenant or inferior holder under the tenure-holder for the time being on payment of an amount exceeding the assessment of the land, shall unless it is proved by the tenure-holder that he would not have been a permanent tenant on the basis of continued possession of the land under clause (b), be deemed to be a permanent tenant of the land under clause (a) and all the provisions of that Act shall apply to him as they apply to a permanent tenant.

Explanation. - The assessment for the purpose of this section shall be reckoned as provided in clause (a) and (b) of section 5.

5. Circumstances in which inferior holders or permanent holders shall be deemed to hold lands on payment of assessment.

- An inferior holder or permanent holder as defined in the relevant Act or rules specified in Part II of the Schedule shall for the purposes of the relevant Act or rules be deemed to be holding land on payment of assessment, if the cash equivalent of the payment made by him, whether in kind or cash or in both, to the tenure-holder for such land does not exceed -

(a)the assessment fixed on the land under the law relating to land revenue applicable to the land before the commencement of the relevant Act or rules; or

(b)where no land revenue law was applicable to the land or no assessment was fixed on the land, the assessment fixed on the land under section 52 of the Bombay Land Revenue Code, 1879, or, as the case may be, section 7 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, after the commencement of the relevant Act or rules.

6. Tenure holder contesting the entry in record of rights to apply for declaration and disposal of such application.

(1)The rights of an inferior holder, permanent holder or permanent tenant under sections 4 and 5 shall be entered in the record of rights unless the tenure holder applies in writing to the Mamlatdar within six months from the date of the commencement of this Act for a declaration that any holder or tenant under him is not an inferior holder, a permanent holder or, as the case may be, a permanent tenant.

(2)Any such application shall be disposed of as if it were an application in respect of a disputed case under section 135D of the Bombay Land Revenue Code, 1879.

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Bombay Presidency - Act