|BOMBAY BHIL NAIK INAMS ABOLITION ACT, 1955|
BOMBAY BHIL NAIK INAMS ABOLITION ACT, 1955
21 of 1955
3rd June, 1955
An act to abolish Bhil Naik Inams prevailing in the districts of West Khandesh and Nasik in the State of Bombay.
WHEREAS 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:-
STATEMENT OF OBJECTS AND REASONS. MAHARASHTRA STATE GAZETTE, Jan. 27.1955 Bhil Naik Inams, which exist in West Khandesh and Nasik Districts, are of great antiquity and have been held on condition of rendering service. It does not, however, appear that the service rendered by the holders of these Inams had ever been anything more than a general obligation to perform any special duty required for the preservation of the peace. The inams have ceased to serve any purpose for the past several years and Government has, therefore, decided to abolish them in pursuance of its policy of agrarian reforms and hence this Bill. Clause 4 of Bill provides for the abolition of these inams, for the resumption of inam villages and lands and for making them liable to pay assessment in accordance with the provisions of the Bombay Land Revenue Code. Clause 5 provides for the regrant of the resumed lands, which are under cultivation, to the inamdars or inferior holders who are holding them on payment of assessment only. Under clause 6 waste and uncultivated lands and other properties of the nature specified in section 37 of the Bombay Land Revenue Code in Bhil Naik Inam villages and lands are vested in Government. Clause 7 provides for the payment of compensation for the abolition, etc., of the rights in Bhil Naik Inam villages and lands. Clauses 8 to 10 contain provisions in regard to appeals against the orders of the Collector, court-fee to be paid, etc. Clause 11 provides that compensation to be paid under this Act should be paid in transferable bonds. The rights and obligations incurred by the tenants and landlords under the Bombay Tenancy and Agricultural Lands Act in respect of Bhil Naik Inam lands are saved under clause 12, and clause 13 provides for making rules for the purpose of carrying out the provisions of the Act. Clause 14 provides for liabilities and obligations already incurred before the commencement of the Act.
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Bombay Bhil Naik Inams Aboltion Act, 1955.
(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 Government may, by notification in the Official Gazette, appoint in this behalf.
SECTION 02: 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 tor 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.
SECTION 03: ACT NOT TO APPLY TO CERTAIN INAMS
Nothing in this Act shall apply to-
(i) devasthan inams or inams held for religious or charitable institutions ; and
(ii) inams other than Bhil Naik Inams held for service useful to Government in an inam village or inam land.
2[Explanation:- for the purposes of this section an mam held for religious of charitable institution shall mean a Devasthan or Dharmadaya mam 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 Pensions Act, 1871.]
SECTION 04: 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 mams are hereby extinguished.
(3) all inam village 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.
SECTION 05: OCCUPANCY RIGHTS 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 only 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 Governments by special or general order but not exceeding an amount equal to six times the amounts to 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 unauthorizedly 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 transfer able 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, determine.
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.
SECTION 06: UNCULTIVATED AND WASTE LANDS AND ALL PROPERTY OF THE NATURE SPECIFIED IN SECTION 37 OF THE CODE VESTS 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 for as any rights of such persons may be established in or over the same and excepts 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.
SECTION 07: METHOD OF COMPENSATION FOR ABOLITION, ETC. OF OTHER RIGHTS IN LAND
(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 exceed five thousand rupees, then the award shall not be made without the previous 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 Collector 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- Sub-section (2A) was inserted by Bom. 93 of 1958, s. 2. Sch.
(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 this 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 sub-section (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, 19084.
(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.
SECTION 08: NOTWITHSTANDING ANYTHING CONTAINED IN THE COURT-FEES ACT, 1870
Court-Ices5, every appeal made under this Act to the Bombay Revenue Tribunal shall bear a court fee stamp of such value as may be prescribed.
SECTION 09: 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.
SECTION 09A: REVISIONAL POWERS IN RESPECT OF AWARDS MADE BEFORE COMMENCEMENT BOM XCIII OF 1958
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 proceeding 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 afresh award and thereupon all the provisions of his 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.]
SECTION 10: INQUIRIES PROCEEDINGS TO BE JUDICIAL PROCEEDINGS
All inquiries and proceeding 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.
SECTION 11: AMOUNT OF COMPENSATION TO BE PAYABLE IN TRANSFERABLE BONDS
The amount of compensation payable under the provisions of this Act shall be payable n 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 re-payable during a period of twenty years from the date of the uses of such bonds by equated annual installments of principal and interest. The bonds shall be of such denominations and shall be in such forms as may be prescribed.
SECTION 12: PROVISIONS OF BOM. 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, 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.
SECTION 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.
SECTION 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.
BOMBAY BHIL NAIK INAMS ABOLITION RULES, 1956
RULE 01: SHORT TITLE
There rules may be called the Bombay Bhil Inams Abolition (Compensation Bonds) Rules, 1956.
RULE 02: DEFINITION
In these rules unless the context otherwise requires,- "Act" means the Bombay Bhil Naik Inams Abolition Act, 1955;
RULE 03: FORM AND DENOMINATIONS OF BONDS OF DIFFERENT DENOMINATIONS
(1) There shall be a separate series of bonds to be issued in respect of payment of compensation amounts due under the Act.
(2) Every such bond shall be in Form A appended to these rules.
(3)Such bonds shall be of any of the following denominations, namely:- Rs.50, Rs.100, Rs.200, Rs.500, Rs.1000, Rs.5,000 and Rs.10,000.
RULE 04: DATE OF ISSUE OF BONDS
The date of the coming into force of the Act shall be the date of issue of such bond.
RULE 05: ANNUAL INSTALMENT AND REPAYMENT BOND PAYABLE IN EQUAL ANNUAL INSTALMENTS.
(1) Subject to the provisions of sub-rule (2) every such bond shall be repayable in equated annual instalments in accordance with the Repayment Schedule in Form Band Tables I to VII in Form C: Provided that if one or more installments have fallen due before the delivery of the bond and have not been paid already, such installments or any balance thereof shall be payable immediately after the delivery of the bond:
Provided further that in addition to the accrued amounts of installments ,interest at three per cent per annum on the portion of the installment amount representing the amount of principal, for the completed number of years for which if payment has been delayed , shall be paid in cash by the Collector .
(2) No interest shall be payable except as provided by or under the Act and the rules made thereunder.
RULE 06: CASH PAYMENTS
Smallest denomination of bonds payable in cash. Amounts of compensation or part thereof not covered by the smallest denomination of bonds specified in sub-rule(3) of rule 3 shall unless already paid be paid in cash .
RULE 07: BONDS TO BE SUBJECT TO THE PROVISIONS OF PUBLIC DEBT ACT, 1944
Public Debts Act, 1944 Save as provided in these rules the bonds shall be subject to the provisions of the Public Debt Act, 1944 and the Public Debt(Compensation Bonds, Rules, 1954.)
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