Section 6(1) in The Abolition of Jagirs and Land Reforms Act, 1952 (Vindhya Pradesh)
(1)As from the date of resumption notwithstanding anything contained in any contract, grant or document or in any other law, rule, regulation or order for the time being in force, but save as otherwise provided in this Act-(a)the right, title and interest of every Jagirdar and of every other person claiming through him [* * *] [The words 'in respect of any excise revenue or' omitted by Act 1 of 1954 Section 7.] in his Jagir-lands, including [rights in respect of any excise revenue and] [Inserted by Act 1 of 1954.] forests, trees, fisheries, wells, tanks, ponds, water channels, ferries, pathways, village-sites, Hats, bazars and mela-grounds and mines and minerals whether being worked or not, shall stand resumed to the State Government free from all encumbrances;(b)all rights, titles and interests created in or over the Jagir-land by the Jagirdar or his [predecessors-in-interest] [Substituted for the words 'predecessor-in-interest' by Act 1 of 1954 Section 7.] shall, as against the State Government, cease and determine.(c)all rents and cesses in respect of any holding (including any land leased by or on behalf of the Jagirdar for any purpose other than agriculture) in the Jagir-land for any period after the date of resumption which, but for such resumption, would have been payable to the Jagirdar shall be payable to the State Government;(d)all revenues, rents, cesses or other dues for the agricultural year in which the date of resumption falls recovered by the Jagirdar before the said date or by the State Government after the said date shall, after deducting therefrom the expenses of collection at the rate of 10 per cent be rateably distributed between the Jagirdar and the State Government, the amount to be distributed bearing to the total amount recovered during the agricultural year the same proportion which the period before the date of resumption or [the] [Inserted by Act 1 of 1954 Section 7.] said date, bears to the whole of the agricultural year;(e)all arrears of revenue, cesses or other dues in respect of any Jagir-land due from the Jagirdar for any period prior to the date of resumption including any sum due from him under clause (d) and all loans advanced by the State Government or the Court of Wards to the Jagirdar shall continue to be recoverable from such Jagirdar;(f)the right, title and interest of the Jagirdar or any other person in the Jagir-land resumed under clause (a) shall not be liable to attachment to sale in execution of any decree or other process of any Court, civil or revenue, and any attachment existing on the date of resumption or any order for attachment passed before such date shall, subject to the provisions of Section 73 of the Transfer of Property Act, 1882 (Act IV of 1882) cease to be in force;(g)(i)a mortgage in possession of the Jagir-land or any part thereof shall cease to have any right to possess such land or part thereof;(ii)every such mortgage with possession, shall to the extent of the amount secured on the Jagir-land or part thereof, be deemed to have been substituted by a simple mortgage;(iii)notwithstanding anything contained in the mortgage deed or any other agreement relating to such mortgage the rate of interest payable on such mortgage debt shall, as from the date of resumption, be such as may be prescribed;(h)subject to any rule made in this behalf, all suits and proceedings relating to the Jagir-land pending in any Court and all proceedings consequent upon any decree or order passed in any such suit or proceeding before the date of resumption shall be stayed.
