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State of Maharashtra - Act

The Maharashtra Bhil Naik Inams Abolition Act, 1955

MAHARASHTRA
India

The Maharashtra Bhil Naik Inams Abolition Act, 1955

Act 21 of 1955

Published on 3 June 1955
Commenced on 3 June 1955
[This is the version of this document from 3 June 1955.]
[Note: The original publication document is not available and this content could not be verified.]

The Maharashtra Bhil Naik Inams Abolition Act, 1955Act No. 21 of 1955[3rd June, 1955]For statement of Objects and Reasons, see Bombay Government Gazette, 1955, Part 5, pages 28-29.An Act to abolish Bhil Naik Inams prevailing in the districts of West Khandesh and Nasik in the State of BombayWhereas it is necessary and expedient in the public interest to abolish the Bhil Naik Inams held for service useful to Government on political considerations in the districts of West Khandesh and Nasik in the State of Bombay and to provide for other incidental and consequential matters hereinafter appearing; It is hereby enacted in the Sixth Year of the Republic of India as follows:-

1. Short title, extent and commencement.

(1)This Act may be called [the Maharashtra Bhil Naik Inams Abolition Act.] [This short title was substituted for the short title 'the Bombay Bhil Naik Inams Abolition Act, 1955' by Maharashtra 24 of 2012, Schedule entry No. 55, (w.r.e.f. 1-5-1960).]

(2)It extends to the districts of West Khandesh and Nasik in the State of Bombay.

(3)It shall come into force on such date as the [State] [Notification No. G. N. R. D. No. 7351/51/111, dated 8-7-1955.] Government may, by notification in the Official Gazette, appoint in this behalf.

2. Definitions.

(1)In this Act, unless there is anything repugnant in the subject or context,-

(i)"appointed date" means the date on which this Act comes into force;

(ii)"Bhil Naik Inam" means the grant of a village or land for service useful to Government on political considerations in accordance with the terms and conditions specified in Government Resolution in the Revenue Department No. 5763, dated the 19th August 1902 and entered in the alienation register kept under section 53 of the Code as "Class VI-Village servants useful to Government" and includes the land granted in Marod village of Navapur taluka under Government order in the Revenue Department No. 288, dated the 11th January, 1919;

(iii)"Code" means the Bombay Land Revenue Code, 1879;

(iv)"Collector" includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act;

(v)"inamdar" means a holder of a Bhil Naik Inam;

(vi)"inam village" or "inam land" means a village or land, as the case may be, held by an inamdar under a Bhil Naik Inam;

(vii)"prescribed" means prescribed by rules made under this Act.

(2)The other words and expressions used but not defined in this Act shall have the meanings assigned to them in the Code.

3. Act not to apply to certain inams.

- Nothing in this Act shall apply to-

(i)devasthan inams or inams held for religions or charitable institutions; and

(ii)inams other than Bhil Naik Inams held for service useful to Government in an inam village or inam land.

[Explanation. - For the purposes of this section an inam held for a religious of charitable institution shall mean a Devasthan or Dharmadaya inam granted or recognised by the ruling authority for the time being for a religious or charitable institution and entered as such in the alienation register kept under section 53 of the Code or in the records kept under the rules made under the Pensions Act, 1871.] [This Explanation was added and shall be deemed always to have been added at the end by Bombay 40 of 1956, Section 4 and Second Schedule.]

4. Abolition of Bhil Naik Inams and resumption of inam villages and lands.

- Notwithstanding any settlement, grant, sanad or order or any law for the time being in force, with effect from and on the appointed date -

(1)all Bhil Naik Inams shall be deemed to have been abolished, and

(2)any liability to render service and all other incidents appertaining to such inams are hereby extinguished.

(3)All inam villages and inam lands are hereby resumed and shall be deemed to be subject to the payment of land revenue under the provisions of the Code and the rules made thereunder and the provisions of the Code and the rules relating to unalienated lands shall apply to such lands.

5. Occupancy rithts in respect of lands in inam villages and inam lands.

(1)In an inam village and inam land-

(i)in the case of land which is not uncultivated on the appointed date and is in the actual possession of an inamdar or in the possession of a person holding through or from him other than an inferior holder referred to in clause (b) below, such inamdar, and

(ii)in the case of land, which is not uncultivated on the appointed date and is in the possession of an inferior holder on payment of annual assessment ore to the inamdar such inferior 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 obligations in respect of such land as an occupant under the Code or the rules made thereunder or any other law for the time being in force:Provided that the inamdar, in respect of the land which is in the possession of a person holding through or from him and the inferior holder in respect of the land in his possession shall be entitled to the rights of an occupant on payment to the State Government of such occupancy price as may be fixed by the State Government by special or general order but not exceeding an amount equal to six times the amount of the full assessment of such land within the prescribed period.

(2)If the inamdar or the inferior holder fails to pay the occupancy price within the prescribed period he shall be deemed to be unauthorisedly occupying the land and shall be liable to be summarily ejected in accordance with the provisions of the Code.

(3)The occupancy of the land granted under this section shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such amount as the State Government may, by general or special order, datermine.Explanation. - For the purposes of this section and section 6, land shall be deemed to be uncultivated if it has not been cultivated for a continuous period of three years immediately before the appointed date.

6. Uncultivated and waste lands and all property of the nature specified in section 37 of the Code vasts in Government.

- For the removal of doubt it is hereby declared that all uncultivated and waste lands, whether assessed or unassessed, in an inam village or inam land and all other kinds of property referred to in section 37 of the Code situate in an inam village or inam land, which are not the property of the individuals or of any aggregate of persons legally capable of holding property and except in so far as any rights of such persons may be established in or over the same and except as may be otherwise provided in any law for the time being in force, are, together with all rights in and over the same or appertaining thereto, the property of the State Government and it shall be lawful to dispose of or set apart the same by the authority and for the purpose provided in section 37 or 38 of the Code, as the case may be.

7. Method of compensation for abolition etc. of other rights in land.

(1)If any person is aggrieved by the provisions of this Act as abolishing, extinguishing or modifying any of his rights to, or interest in, property such person may apply to the Collector for compensation.

(2)An application under sub-section (1) shall be made to the Collector in a prescribed form within six months from the appointed date. The Collector shall, after holding a formal inquiry in the manner provided by the Code, make an award determining the compensation in the manner and according to the method provided for in sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894.

(2A)[(i) Where the officer making an award under sub-section (2) is a Collector under this Act but not a Collector appointed under section 8 of the Code and the amount of such award exceeds five thousand rupees, then the award shall not be made without the pervious approval of-

(a)the Collector appointed under section 8 of the Code, if the amount of the award does not exceed twenty-five thousand rupees, or

(b)the Commissioner, if the amount of the award exceeds twenty-five thousand rupees but does not exceed one lakh of rupees, or

(c)the State Government, if the amount of the award exceeds one lakh of rupees.

(ii)Where the officer making an award under sub-section (2) is a Collector under this Act and also a Collecotr appointed under section 8 of the Code, and the amount of such award exceeds twenty-five thousand rupees, then such award shall not be made without the previous approval of-

(a)the Commissioner if the amount of the award does not exceed one lakh of rupees, or

(b)the State Government, if the amount of the award exceeds one lakh of rupees.

(iii)Every award under sub-section (2) shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894.]

(3)Nothing in this section shall entitle any person to compensation on the ground that any land, which was wholly or partially exempt from.- the payment of land revenue has been under the provisions of the Act made subject to the payment of full assessment in accordance with the provisions of the Code.

(4)Any person aggrieved by the award of the Collector made under subsection (2) may appeal to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939, within 60 days from the date of the award.

(5)In deciding appeals under sub-section (4), the Bombay Revenue Tribunal shall exercise all the powers which a Court has and follow the same procedure which the Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908.

(6)In computing the period for filing appeals the provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the appeals made under this section.

8. Court-fees.

- Notwithstanding anything contained in the Court-fees Act, 1870 every appeal made under this Act to the Bombay Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed.

9. Finality of award of Collector and decision of Revenue Tribunal.

- The award made by the Collector subject to an appeal to the Bombay Revenue Tribunal and the decision of the Bombay Revenue Tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any court.

9A. [ Revisional powers in respect of awards made before commencement Bombay XCIII of 1958. [Section 9A was inserted by Bombay 93 of 1958, Section 2, Schedule.]

- Where any award was made under sub-section (2) of section 7 before the commencement of the Bombay Land Tenures Abolition (Amendment) Act, 1958 and no appeal was filed against such award under sub-section (4) of section 7, then notwithstanding anything contained in section 9, the State Government may call for the record of the inquiry or proceedings relating to such award for the purpose of satisfying itself as to the legality, propriety or regularity of such inquiry or proceedings and if, after giving the interested parties an opportunity to be heard, it is not satisfied as to the legality, propriety or regularity of such inquiry or proceedings, it may cancel the award and direct the Collector to make a fresh award and thereupon all the provisions of this Act relating to the making of an award the finality of such award, and the appeal against such award shall mutatis mutandis apply to such fresh award.] [Sub-section (2A) was inserted by Bombay 93 of 1958, Section 2, Schedule.]

10. Inquiries and proceedings to be judicial proceedings.

- All inquiries and proceedings before the Collector and the Bombay Revenue Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

11. Amount of compensation to be payable in transferable bonds.

- The amount of compensation payable under the provisions of this Act shall be payable in transferable bonds carrying interest at the rate of three per cent, per annum from the date of the issue of such bonds and shall be repayable during a period of twenty years from the date of the issue of such bonds by equated annual instalments of principal and interest. The bonds shall be of such denominations and shall be in such forms as may be prescribed.

12. Provisions of Bombay LXVII of 1948 to govern relations of landlord and tenants.

- Nothing in this Act shall in any way be deemed to affect the application of any of the provisions of [the Bombay Tenancy and Agricultural Lands Act, 1948] [Now this Act was changed as 'The Maharashtra Tenancy and Agricultural Lands Act' by Maharashtra 24 of 2012, Schedule entry No. 33 (w.r.e.f. 1-5-1960).], to any inam village or inam land or the mutual rights and obligations of a holder and his tenants, save in so far as the said provisions are not in any way inconsistent with the express provisions of this Act.

13. Rules.

- The State Government may, subject to the condition of previous publication, make rules for the purpose of carrying out the provisions of this Act. Such rules shall when finally made be published in the Official Gazette.

14. Saving.

- Nothing in this Act shall be deemed to affect,-

(a)any obligation or liability already incurred before the appointed date or

(b)any proceeding or remedy in respect of such obligation or liability;

and any such proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed.NotificationsG. N., R. D., No. 7351/51/111, dated 8th July, 1955 (B. G., Part IV-B, page 1391) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Bhill Naik Inams Ablition Act, 1955 (Bombay XXI of 1955), the Government of Bombay is pleased to appoint 1st August 1955 as the date on which the said Act shall come into force.G. N., R. D., No. BIA. 1060-L, dated 15th February, 1960 (B. G., Part IV-B, page 229) - In exercise of the powers conferred by clause (iv) of sub-section (1) of section 2 of the Bombay Bhil Naik Inams Abolition Act, 1955 (Bombay XXI of 1955), the Government of Bombay hereby appoints the Additional Collector of Nasik District to perform the functions and exercise the power of the Collector under the said Act within his jurisdiction.G. N., R. D., No. BIA. 2560-III-L, dated 24th May, 1965 (M. G., Part IV-B, page 510) - In exercise of the powers conferred by clause (iv) of sub-section (1) of section 2 of the Bombay Bhil Naik Inams Aboiliton Act, 1955 (Bombay XXI of 1955), the Government of Maharashtra hereby appoints the Assistant Collectors and Deputy Collectors in the districts of Nasik and Dhulia to perform the functions and exercise the powers of the Collector under the said Act within their respective jurisdictions.

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