Rules for the Settlement of the Seraniams of the Feudatory Jahagirdars of Kolhapur
Published vide Notification G.N., P. & S.D., No. FCK. 1053, dated 9th April, 1954 (B.G., Part 4-B, page 591)
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Whereas by Article 8 of the Agreement, dated the 20th October, 1862 entered into between the Government of Bombay and the Ruler of the former State of Kolhapur, it was agreed that the Jahagirdars of certain Estates (specified in Schedule I hereto annexed), known as the Feudatory Jahagirdars should hold their Jahagir Estates and should exercise certain powers in relation to their administration under the supervision of the British Government and the Ruler of Kolhapur;
And Whereas in the year 1930 the primary exercise by the British Government of the powers of supervision over the said Feudatory Jahagirdars was transferred to the Ruler of Kolhapur;
and whereas under section 7 of the Indian Independence Act, 1947 (10 and 11 Geo. 6 Ch. 30) all treaties and agreements between the British Government and the Rulers of Indian States including the aforesaid agreement, dated the 20th October, 1862 lapsed;
And Whereas by an Order, dated the 10th November, 1948 the Ruler of Kolhapur directed that the Feudatory Jahagirdars were no longer entitled to exercise Civil or Criminal Jurisdiction over their Jahagirs, but were to hold the Estates forming part of their Jahagirs in Saranjam;
And Whereas by an agreement, dated the 10th February, 1949 the Ruler of Kolhapur ceded to the Dominion of India full and exclusive authority, jurisdiction and powers for and in relation to the governance of the Kolhapur State and agreed to transfer the administration of the State to the Dominion with effect from 1st March, 1949 ;
And Whereas by Government Notification No. 4384/46-F-II, dated the 1st March, 1949, in exercise of the powers conferred by Section 4 of the Extra Provincial Jurisdiction Act, 1947 (XLVII of 1947), read with Notification No. 45-P, dated 1st March, 1949 of the Government of India in the Ministry of States, the Government of Bombay passed the administration of the Kolhapur State Order for the administration of the whole of the Kolhapur State including the Feudatoiy Jahagirs ;
And Whereas by the State Merger (Governors Provinces) Order, 1949, it was directed that the States should be administered in all respects as if they formed part of the Provinces, the State of Kolhapur including the Feudatory Jahagirs being administered as a part of the Province of Bombay;
And Whereas under the Constitution of India, the territory forming the former State of Kolhapur including the Feudatory Jahagirs now forms part of the State of Bombay;
And Whereas in view of the past history of the Feudatory Jahagirdars it is considered appropriate as an act of grace to provide that the holders of the said Jahagirs shall be entitled to enjoy certain benefits out of the estates forming part of their Jahagirs and to provide for the said purpose for grants in Saranjam;
Now in exercise of the powers referred to in rule 10 of Schedule B of Act XI of 1852 and of the second sub-clause to Clause 3 of Schedule 2 of Bombay Act VII of 1863 and all other powers enabling them in this behalf, the Government of Bombay is hereby pleased to make the following rules subject to which the said Saranjams shall be governed
1. Subject to the provisions of the next following rules, the land and all other properties forming part of the said estates are hereby resumed and vest absolutely in Government free from any rights, liabilities, encumbrances and equities in favour of any person including the present holder.
2. Out of the revenues of the villages and lands specified in the Schedule to the Sanad issued to each holder (hereinafter called the "present holder") the amount as specified in such Sanad shall be annually payable to the present holder and is hereby granted on Saranjam tenure i.e., subject to the condition that such Saranjam is continuable and resumable at the pleasure of Government and subject also to the conditions specified in these rules.
3. (a) The present holder shall be entitled to the full ownership, use and enjoyment of all private properties belonging to him on 1st March, 1949 and recognised as such by the State Government.
(b) The present holder shall submit to the State Government a list of such properties for the purpose of recognition under this rule.
4. The villages specified in the Schedule to the Sanad shall be subject to the payment of full land revenue in accordance with the provisions of the Bombay Land Revenue Code, 1879, and the rules and orders made thereunder.
5. No Saranjam shall be capable of sub-division.
6. The holder of a Saranjam shall be responsible for making a suitable provision for the maintenance for the widow or widows of the preceding Saranjamdars, his own brothers, or any other member of his family, who having a valid claim arising from the infancy, mental or physical infirmity rendering such member incapable of earning a livelihood, may be deemed deserving of support at his hands. Government may at any time after taking into consideration the total amount of the Saranjam and other circumstances which may be relevant in this connection determine the amount payable to each of such persons and may order such payments to be made direct to him :
Provided that in the case of the Himmat Bahadur Saranjam Government hereby directs that Shrimati Rukmanibai Chavan and co-sharers and Shri Amarsinh Chavan shall be paid direct the amount specified against their names in Schedule II to these rules.
7. If an order passed by the Government under Rule 6 is not carried out, Government may, whatever the reason may be, direct the Saranjam, or a part of it, to be resumed, as the circumstances of the case may require. Provision for the members of the holder's family entitled to maintenance shall then be made by Government out of the revenues of the Saranjam so resumed.
8. Whenever it appears that the Saranjam or any part thereof or interest therein has passed by attachment or any other process of the Civil Court into the hands of a person other than the holder of Saranjam, Government will ordinarily direct the Saranjam to be resumed and pass such orders as to its re-grant, or otherwise as may seem necessary and expedient.
Schedule I
(See paragraphs 1 and 2 of the Preamble)
1. Vishalgad
2. Bavda
3. Kagal(Senior)
4. Kapshi
5. Torgal
6. Ichalkaranji
7. Kagal (Junior)
8. Himmat Bahadur
9. Sar Lashkar Bahadur
Schedule II
(See Rule 6)
Shrimati Rukmanibai Chavan and Co-sharers - Rs. 7,821 per annum.
Shri Arnarsinh Chavan - Rs. 4,000 per annum.
