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The Maharashtra Personal Inams Abolition Act, 1953
Act No. 42 of 1953
mh187.
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LEGISLATIVE HISTORY 6 |
(a) "appointed date " means the date on which this Act comes into force;
(b) "Code" means the Bombay Land Revenue Code, 1879;
(c) "inamdar" means a holder of a personal inam and includes any person lawfully holding under or through him;
(d) "inam village" or "inam land" means a village or portion of a village or land, as the case may be, held by person under a personal inam;
(e) "personal inam" means,-
(i) a grant of a village portion of a village, [land (including any share in the revenues of a village or any portion thereof or land) or] total or partial exemption from the payment of land revenue entered as personal inam in the alienation register kept under section 53 of the Code;
(ii) a grant of money or land revenue including anything payable as a cash allowance on the part of the State Government in respect of any right, privilege, perquisite or office and entered as class I, II, III, IV or V in the records kept under the rules made under the Pensions Act, 1871.
Explanation. - If any question arises whether any grant is a personal inam such question shall be referred to the State Government and the decision of the State Government shall be final [and the entry, if any, in respect of such grant in the alienation register kept under section 53 of the Code shall be deemed to have been amended accordingly];(f) "prescribed" means prescribed by rules made under this Act;
(g) "Schedule" means a Schedule appended to 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 and grants. - Nothing in this Act shall apply to-(1) "saranjams, jahagirs and other political inams;
(2) devastan inams or inams held by religious or charitable institutions;
(3) inams held for service useful to Government;
(4) inams held for service useful to the community; and
(5) revenue free sites granted by Government for the construction of schools, colleges, hospitals, dispensaries, religious or charitable institutions or other public works from which no profit is intended to be derived.
[Explanation. - For the purposes of this section inams held by religious or charitable institutions mean Devasthan or Dharmadaya inams 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.] 4. Abolition of personal inams and rights in respect of such inams. - Notwithstanding anything contained in any usage, settlement, grant, sanad or order or a decree or order of a Court or any law for the time being in force, with effect from and on the appointed date:-(i) all personal inams shall be deemed to have been extinguished;
(ii) save as expressly provided by or under the provisions of this Act, all rights legally subsisting on the said date in respect of such personal inams shall be deemed to have been extinguished:
Provided that in the case of a personal inam consisting of exemption from the payment of land revenue only, either wholly or in part, such exemption shall be deemed to have been extinguished-(a) if the amount of such exemption is or exceeds Rs. 5000 with effect from the 1st day of August 1953; and
(b) in all other cases, with effect from the 1st day of August 1955.
5. Liability of inam village or inam land to payment of lard revenue and inamdar and permanent holder to be occupant. - (1) All inam villages or inam lands are and shall be liable to the payment of land revenue in accordance with the provisions of the Code and the rules made thereunder and the provisions of the Code and to the rules relating to unalienated land shall apply to such lands. (2) (a) An inamdar in respect of the inam land in his actual possession or in possession of a person holding from him other than an interior holder, preferred to in clause (b) below, or(b) an inferior holder holding inam land on payment of annual assessment only shall primarily be liable to the State Government for the payment of land revenue due in respect or such land held by him 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.
6. Compensation for abolition of cash allowance. - Notwithstanding anything contained in any law, usage, settlement, grant, sanad or order but subject to the provisions of this Act, a sum equal to seven times [the amount of share in the revenues of a village or any portion thereof or land referred to in section 2(1)(e)(i), or as the case may be,] the amount of a cash allowance referred to in section 2(1)(e)(ii), if any, due to.an inamdar as personal inam shall, be paid to him as compensation in consideration of the extinguishment of his right to receive [such share or allowance]. 7. All public roads, etc., situate in inam villages to vest in Government. - All public roads, lanes and paths, the bridges;, ditches, dikes and fences, on or beside, the same, the bed of the sea and of harbours, creeks below high water mark and of rivers, streams, nallas, lakes, wells and tanks, and all canals, and water courses, and all standing and flowing water, all unbuilt village site lands, all waste lands and all uncultivated lands (excluding lands used for building or other non-agricultural purposes), which are situate within the limits of any inam village or inam land shall, except in so for as any rights of any person other than inamdar may be established in or over the same and except as may otherwise be provided by any law of the time being in force, vest in and shall be deemed to be, with all rights in or over the same or appertaining thereto, the property of the State Government and all rights held by an inamdar in such property shall be deemed to have been extinguished and it shall be lawful for the Collector, subject to the general or special orders of the State Government to dispose them of as he deems fit, subject always to the rights of a way and other rights of the public or of individuals legally subsisting. Explanation. - For the purposes or this section, 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. 8. Right to trees. - The rights to trees specially reserved under the Indian Forests Act, 1927 of or any other law for the time being in force, except those the ownership of which has been transferred by the State Government under any contract, grant or law for the time being in force shall vest in the State Government and nothing in this Act shall in any way affect the right of the State Government to apply the provisions of the Indian Forest, Act, 1927, as in force in the [Bombay area of the State of Maharashtra] to forests in an inam village or inam land. 9. [Right to mines and mineral products]. - Repealed from 6th August, 1985 by Maharashtra XVI of 1985. 10. Compensation to inamdars for extinguishment of rights under section 7. - (1) Any inamdar having any right or interest in any property referred to in section 7 shall be entitled to compensation in the manner provided in the following paragraphs, namely:-(a) within a period of twelve months from the appointed date, the inamdar shall apply in writing to the Collector stating the nature of his right or interest, the grounds of his claims and the amount of compensation claimed by him for the extinguishment of his right or interest;
(b) the Collector shall hold a formal inquiry in the manner provided in the Code and if the Collector is satisfied that the applicant had any right or interest in the property and that such right or interest has been extinguished under section 7, he shall make an award in the manner prescribed in section 11 of the Land Acquisition Act, 1894, subject to the following conditions, namely:-
(i) if the property in question is waste or uncultivated but is cultivable land the amount of compensation shall not exceed three times the assessment of the land:
Provided that if the land has not been assessed the amount of compensation shall not exceed such amount of assessment as would be leviable in the same village on the same extent of similar land used for the same purpose;(ii) if the property in question is land over which the public has been enjoying or acquired a right of way or any individual has any right of easement, the amount of compensation shall not exceed the amount of the annual assessment leviable in the village for uncultivated land in accordance with the rules made under the Code or if such rules do not provide for the levy of such assessment such amount as in the opinion of the Collector shall be the market value of the right or interest held by the claimant;
(iii) if there are any trees or structures on the land, the amount of compensation shall be the market value of such trees or structures as the case may be.
Explanation. - For the purposes of this section the "market value" shall mean the value as estimated in accordance with the provisions of sub-section (1) of section 23 and section 24, of the Land Acquisition Act, 1894, in so far as the said provisions may be applicable. (2) Every award made under sub-section (1) shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894, and the provisions of the said Act shall, so far as may be, apply to the making of such award. 11. Appeal against Collector's award. - An appeal shall lie against an award of the Collector to the [Maharashtra Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957] notwithstanding anything contained in the said Act. 12. Procedure before Revenue Tribunal. - (1) The [Maharashtra Revenue Tribunal] shall, after giving notice to the appellant and the State Government decide the appeal and record its decision. (2) In deciding an appeal under this Act the [Maharashtra Revenue Tribunal] shall exercise all the powers which a Court has and shall follow the same procedure which a Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908. 13. Limitation. - Every appeal made under this Act to the [Maharashtra Revenue Tribunal] shall be filed within a period of sixty days from the date of the award of the Collector. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to filing of such appeal. 14. Court fees. - Notwithstanding anything contained in the Court-fees Act, 1870 every appeal made under this Act to the [Maharashtra Revenue Tribunal] shall bear a court fee stamp of such value as may be prescribed. 15. Finality of award and decision of Revenue Tribunal. - The award made by the Collector subject to an appeal to the [Maharashtra Revenue Tribunal] and the decision of the [Maharashtra Revenue Tribunal] on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court. 16. Inquiries and proceedings to be judicial proceedings. - All inquiries and proceedings before the Collector and the [Maharashtra 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. [16A. Method of compensation for extinguishment of certain rights. - (1) Any inamdar having any right or interest in the share in the revenues referred to in section 2(1)(e)(i) shall, within a period of twelve months from the commencement of the Bombay Personal Inams Abolition (Amendment) Act, 1961, make an application in the prescribed form to the Collector stating the amount of, or his right or interest in, the share, the grounds of his claim and the amount of compensation claimed by him for the extinguishment thereof. (2) The Collector shall, after holding a formal inquiry in the manner provided by the Code, make an award, determining the amount of compensation. (3) An appeal shall lie from the said award to the Maharashtra Revenue Tribunal. (4) The provisions of sections 10 to 16 (both inclusive) shall, so far as may be, apply to the proceedings in respect of such award or appeal, as the case may be.] 17. Method of compensation for abolition etc., of other rights in property. - (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 and if compensation for such abolition, extinguishment or modification has not been provided for in the provisions of this Act, such person may apply to the Collector for compensation. (2) The application under sub-section (1) shall be made to the Collector in the prescribed form within twelve 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. (3) An appeal shall lie from the said award to the [Maharashtra Revenue Tribunal]. (4) The provisions of sections 10 to 16 (both inclusive) shall, so far as may be, apply to the proceedings in respect of such award or appeal, as the case may be. (5) Nothing in this section shall entitle any person to compensation on the ground that any inam village or inam land which has wholly or partially exempt from the payment of land revenue has been under the provisions of this Act made subject to the payment of full assessment in accordance with the provisions of the Code. [17A. 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.] 18. Provisions of Bombay LXVII of 1948 to govern the relations of inamdar 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, to any inam village or inam land or the mutual rights and obligations of an inamdar and his tenants, save in so far as the said provisions are not in any way inconsistent with the express provisions of this Act. 19. Rules. - The State Government may, subject to the condition of previous publication, make rules for the purposes of carrying out the provisions of this Act. Such rules shall when finally made be published in the Official Gazette. 20. Modification and discontinuance of application of certain enactments. - (1) With effect from and on the appointed date,-(a) the provisions of the enactments specified in Schedule I shall be repealed or amended to the extent specified in column 4 of the said Schedule; and
(b) the provisions of the enactments specified in Schedule II shall cease to apply to all inam villages or inam lands and to Inamdars.
(2) Nothing in sub-section (1) shall be deemed to affect,-(a) any obligation or liability already incurred before the appointed date;
(b) any proceeding in respect of such obligation or liability; or
(c) anything done in the course of such proceeding in any court on or before the aforesaid date and such proceeding may be continued and disposed of as if this Act, has not been passed.
The Schedules
(See section 20)
Schedule I
|
Year |
No. |
|
Short title |
Extent of repeal or amendment |
|
1 |
2 |
|
3 |
4 |
|
1887 |
VII |
.. |
The Toda Giras Allowances Act, 1887 .. |
The whole Act shall be repealed. |
|
1949 |
LXI |
.. |
The Bombay Maleki Tenure Abolition Act, 1949 |
Sub-section (2) of section 3 shall be deleted. |
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1949 |
LXII |
.. |
The Bombay Taluqdari Tenure Abolition Act, 1949. |
Clause (a) of sub-section (2) of section 5 shall be deleted. |
|
1949 |
LXIII |
.. |
The Panch Mahals Mehwassi Tenure Abolition Act, 1949. |
Sub-section (2) of section 4 shall be deleted. |
Schedule II
|
Year |
No. |
|
Short title |
Extent of repeal or amendment |
||
|
1 |
2 |
|
3 |
4 |
||
|
1852 |
XII |
.. |
The Bombay Rent Free Estates Act, 1852 .. |
The whole Act shall cease to apply. |
||
|
1863 |
II |
.. |
The Exemptions from Land Revenue (No. 1) Act, 1863. |
Do. |
|
do. |
|
1863 |
VII |
.. |
The Exemptions from Lane Revenue (No. 2) Act, 1863. |
Do. |
|
do. |
|
1871 |
XXIII |
.. |
The Pensions Act, 1871. |
Do. |
|
do. |
Notifications
G. N., R. D., No. 3626/49, dated 22nd June, 1953 (B. G., Part IV-B, page 1254) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Personal Inams Abolition Act, 1952 (Bombay XLII of 1953), the Government of Bombay is pleased to specify 1st August 1953 as the date on which the said Act shall come into force. G. N., R. D., No. PIA-1055/56450, dated 28th May, 1955 (B. G., Part IV-B, page 1204) - In exercise of the powers conferred by clause (ba) of sub-section (1) of section 2 of the Bombay Personal Inams Abolition Act, 1952 (Bombay XLII of 1953), the Government of Bombay hereby appoints all Assistant Collectors and Deputy Collectors to perform the functions and exercise the powers of a Collector under the said Act within their respective jurisdictions. G. N., R. D., No. PIA-2863/ 172642-L, dated 19th February, 1964 (M. G., Part IV-B, page 243) - In exercise of the powers conferred by clause (ba) of sub-section (1) of section 2 of the Bombay Personal Inams Abolition Act, 1952 (Bombay XLII of 1953), the Government of Bombay hereby appoints the Special Deputy Collector (Khoti), Kolaba-Pen, to perform the functions and exercise the powers of the Collector under the said Act in the whole of the Kolaba District. G. N., R. & F. D., No. OFP. 1083/50025/CR-793/(b)-L-5, dated 12th March, 1985 (B. G., Part IV-B, page 715) - In exercise of the powers conferred by clause (ba) of sub-section (1) of section 2 of the Bombay Personal Inams Abolition Act, 1952 (Bombay XLII of 1953), the Government of the Maharashtra hereby appoints the Deputy Collector (Land Reforms) Osmanabad, to perform the functions and exercise the powers of the Collector under the said Act, within the area of his jurisdiction. G. N., R. D., No. 3626/49, dated 24th July, 1953 (M. G., Part IV-B, page 1517) - In exercise of the powers conferred by section 19 of the Bombay Personal Inams Abolition Act, 1952 (Bombay XLII of 1953), the Government of Bombay is pleased to-make the following Rules namely:- 1. Form of application.Every person who proposes to apply to the Collector for compensation under sub-section (2) of section 17 of the Act shall make an application in the following form, namely:-
Form
To
The Collector of........................
Name of the applicant...................
Village.................................
Taluka.................................. .
Sir,
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(i) village* (ii) lands |
noted below forming part of the personal inam in the village ............... taluka............... district................ |
*(i) Name of village.
(ii) Survey Number, Area, Assessment.
(b) I am a holder of the cash allowances (including amals) amounting to Rs..............................
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treasury sub-treasury |
(2) Under the provisions of section____________________________________________of the Bombay Personal Inams Abolition Act, 1952, the following right of interest of mine in such
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Village |
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abolished |
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-------------- |
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-------------------- |
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land |
are |
extinguished |
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------------------------------------------------ |
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------------------ |
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cash allowances (including amals) |
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modified |
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Here specify the particular of the rights or interest |
||
I, thereof, claim Rs......................... as compensation.
(3) The amount of compensation claimed is arrived at as follows:-
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
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Land Alienation Register Cash Alienation Register Record of Rights |
and other relevant record in respect of such rights(s) are enclosed. I also enclose the following documents |
evidencing my right in question:-
(here give a list documents.)
(Names of witnesses, if any, should be stated. It should also be stated whether they are to be summoned or whether the applicant will produce them.)
Yours faithfully,
Signature of the applicant.
Date.................
Place................
2. Court-fee.Every appeal made under the Act to the Bombay Revenue Tribunal shall bear a court-fee stamp of Rs. 3.
