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Maharashtra Khoti Abolition Act, 1950

Act No. 6 of 1950

MH121

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

[(i-a) "Collector" includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act;]

(ii) "dhara land" means land held by a dharekari and in the Ratnagiri district includes land held by a quasidharekhari;

(iii) "dharekari" means a landholder who holds land on the dhara tenure;

(iv) "khot" includes-

(a) a mortgagee lawfully in possession of a khoti;

(b) all co-sharers in a khotki;

(v) "Khoti Act" means the Khoti Settlement Act, 1880:

(vi) "khot's dues" means,-

(a) the rent paid to a khot by a quasidharekari or permanent tenant of khoti land in the district of Ratnagiri, in accordance with the provisions of section 33 of the Khoti Act, and

(b) the kohti fayda paid by any tenant of the Khoti nisbat land in the district of Kolaba, in accordance with the terms of the Kabulayat or in accordance with the orders passed under section 38 of the Khots Leases Act, 1865, exclusive of the survey assessment due to the [State Government] and the cess leviable under section 93 of the Bombay Local Boards Act, 1923, in respect of such land;

(vii) "khoti khasgi land" means,-

(a) in the Ratnagiri District khoti land held by and in possession of a khot other than khoti nisbat land and land held by a privileged occupant as defined in the Khoti Act;

(b) in the Kolaba District,-

(i) land which is entered in the khot's own name as khoti [* *] or in that of a co-sharer in a khotki in the records of the original survey; and

(ii) land acquired since the original survey by the khot by purchase or other lawful transfer otherwise than in his capacity as a khot;

(viii) "khoti land" means land in respect of which a khot had, as such, any right or interest in the district of Ratnagiri according to the provisions of the Khoti Act and in the district of Kolaba according to the custom of tenure;

(ix) "Khoti nisbat land" means,-

(a) in the district of Ratnagiri and which in a khoti village before the coming into force of this Act has reverted to the khot under section 10 of the Khoti Act [and Includes also lands entered as khoti nisbat in the revenue records or the records of the khot before the passing of the Khoti Act];

(b) in the district of Kolaba,-

(i) land in a khoti village which may have come into the possession of the khot by lapse for failure of heirs of a tenant or by forfeiture on the tenant's failure to pay rent or by the resignation of the tenant;

(ii) land which may have been entered at the original survey in the khoti nisbat padit khata and since brought into cultivation otherwise than at the khot's own expenses;

(x) "khoti village" means a village, or a portion or share of a village, to the extent to which a khot has any right or interest in such village, or portion or share thereof;

(xi) "permanent tenant" means a holder of khoti land who has a permanent tenancy in such land;

(xii) "quasidharekari" means a landholder of any of the denominations, named in the first column of the Schedule to the Khoti Act.

(b) in the case of a dhara land, the dharekari or quasidharekari;

(c) in the case of land held by a permanent tenent, the permanent tenant;

(d) (i) in the case of khoti nisbat land, any tenant in possession of the land; and

(ii) if there be no tenant in possession of such land, the khot;

(a) the amount of compensation for the extinguishment of the right of reversion in lands in a khoti village in the district of Ratnagiri shall not exceed in the amount calculated at the rate of Rs. 2 per 100 acres of such land;

(b) the amount of compensation for the extinguishment of any right to appropriate any uncultivated and waste lands not appropriated by any khot and not entered in the revenue or survey records as khoti khasgi immediately before the 1st day of August 1949, shall not exceed the amount calculated at the rate of Rs. 5 per 100 acres of such land: