Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Bombay Presidency - Section

Section 20 in The Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969

20. Amendment of Maharashtra XLI of 1966.

(1)Subject to the provisions of this Act, the provisions of the Code specified in column (1) of the Second Schedule in their application to lands other than the lands to which this Act applies are hereby amended in the manner and to the extent specified in column (2) thereof.
(2)For the removal of doubt it is hereby declared that nothing in the Second Schedule shall affect-
(i)the validity of assessment for land revenue fixed by the Collector before the appointed day under section 262 of the Code or saved under section 307 thereof in respect of any lands in the City during the period of guarantee given or settlement made in respect of such lands;
(ii)the liability of any superior holder or any person in possession (who has no right in limitation of the right of the State Government to assess) to the payment of land revenue fixed by the Collector under the Code during the period of guarantee given or settlement made, or of any superior holder or any person in possession, (who has a right in limitation of the right of the State Government to assess) in consequence of a specific limit having been established and preserved under any tenure entered in the register and rent roll maintained under section 305 of the Code, and not abolished by and under this Act, to pay assessment, rent or cess leviable under the tenure.
First Schedule(See section 10)Amendment of Bombay 57 of 1947In the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, after section 10E, the following shall be inserted, namely:-"10F. Increase of rent on account of levy of assessment
(1)Where a landlord of the premises on any inami land or a special tenure land is required to pay in respect of such land assessment in accordance with the provisions of the Bombay City (inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, the landlord shall, notwithstanding anything contained in any law or in agreement or contract or in any decree or order of any court, be entitled to recover from the tenant or if there are more than one tenant, from all his tenants, a sum equal to fifty per cent, of the amount of assessment payable in respect of such land, and to make an increase in the rent of the premises as determined under sub-section (2).
(2)The amount of increase in rent to be recovered from each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of assessment payable in respect of the inami or special tenure land.
(3)Any increase under this section shall not be deemed to be an increase for the purposes of section 1Second Schedule(See section 20)Amendment of Maharashtra 41 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.