Section 4 in The Madhya Bharat Abolition of Jagirs Act, Samvat 2008
4. Consequences of the resumption of Jagir-land.
(1)As from 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 (including a Zamindar) in his Jagir-lands, including 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 free from all encumbrances,(b)all rights, titles and interests created in or over the Jagir-land by the Jagirdar or his predecessor-in-interest shall, as against the 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 Government;(d)revenue, 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 Government after the said date, shall, alter deducting therefrom the expenses of collection at the rate of/per cent, be ratably distributed between the Jagirdar and the ; Government; the amount to be distributed bearing to the total amount recovered during the agricultural year the same pi opoi tion which the period before the date of resumption or, as the case may be the period after the 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 Government or the Court of Wards to the Jagirdar [and all arrears of Nemnuks and maintenance allowance payable to a Nemrtukdar or maintenance holder under the orders of a competent authority out of the income of any Jagir] [Inserted by M.B. Act 20 of 1955; Published in M.B. Gazette Extra-ordinary dated 17-7-1955 and is deemed to have come into force from 5-4-1955.] shall continue to be recoverable from such Jagirdar;(f)the Government shall cease to be liable to pay to the Jagirdar any excise compensation, or excise income or both, as the case may be, Giras-Tanka or any other case payment in respect of his rights as such Jagirdar;(g)[***] [Deleted by M.P. Act 20 of 1955, Section 2(2).](h)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 or 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, cease to be in force.(2)Nothing contained in this section shall-(a)render the Government liable for the payment of debts incurred by the Jagirdar whether by way of special debt (karza-khas) as defined in Schedule (ch) to Qawaid Jagirdaran, Gwalior State, Samvat 1970, or otherwise, and the Jagirdar shall be personally liable for the payment of all debts;(b)operate as a bar to the recovery by the Jagirdar of any sum which becomes due to him by virtue of his rights in the Jagir-land in respect of any period prior to the commencement of the agricultural year in which the date of resumption falls.
