(1) In this Act, unless the context otherwise requires,-
(i) "appointed day" means the day on which this Act comes into force;
(ii) "Code" means the Maharashtra Land Revenue Code, 1966;
(iii) "Collector" includes the Additional Collector, and also any officer appointed by the State Government to exercise the powers and to perform the functions of the Collector under this Act;
(iv) "Fazindar" means a person holding land from the State Government on pension and tax tenure perpetually, on payment of fixed ground rent, and who has given such land or portions thereof, to other persons on lease on payment of customary or agreed rent, for the purpose of erecting buildings and other structures; the other persons to whom such land or portions thereof are leased shall be called "Fazindari tenants";
(v) "Fazindari land" means land held by a Fazindar and entered as such in the registers and rent rolls maintained under section 305 of the Code;
(vi) "First Inam grant" means a grant of land with exemption from payment of land revenue made by Government to Maneckji Lovji under the certificate, dated the 29th December, 1783;
(vii) "inamdar" means the holder of inami land, and includes any person lawfully holding under or through him;
(viii) ''inami land" means land held under the First Inam grant, the Second Inam grant or the Third Inam grant,
and entered as such in the registers and rent rolls maintained under section 305 of the Code;
(ix) "inami tenure" means the tenure on which inami land is held;
(x) "prescribed" means prescribed by rules;
(xi) "redeemed land" means special tenure lands in respect of which annual payment of the cess, assessment or rent has been redeemed at any time before the appointed day, on payment by the superior holder of a commuted amount equal to twenty-five years' or thirty years' rent under the terms of the tenure;
(xii) "Schedule" means the Schedule to this Act;
(xiii) "Second Inam grant" means the grant of land revenue made by Government to Nowrojee Jamsetjee, Mancherjee Jemsetjee and Dossabhoy Jamsetjee of Bombay and their respective heirs, executors and administrators by the Indenture, dated the 29th May, 1828 in respect of the land specified in the said Indenture;
(xiv) "special tenure" means the tenures in the City of Bombay known as pension and tax tenure, quit and ground rent tenure, for as tenure and sanadi tenure, on which land is held, and which is entered as such in the registers and rent rolls maintained under section 305 of the Code;
(xv) "special tenure land" means land (including redeemed land) which is held on special tenure;
(xvi) "superior holder" means -
(a) in the case of Fazindari land, a Fazindari tenant;
(b) in the case of inami land held under the Second Inam grant, the person holding land from the inamdar, and in other cases, the inamdar: and
(c) in the case of special tenure land, the person having the highest title under the State Government to such land;
(xvii) "Third Inam grant" means grant of land with exemption from payment of land revenue made by Government to Khan Bahadoor Jamsetjee Dhunjibhoy Wadia of Bombay, his heirs and assigns by the Indenture, dated the 19th December, 1885;
(xviii) other words and expressions used but not defined in this Act, shall have the meanings assigned to them in Chapter XIV of the Code.
(2) If any question arises, whether any land is or is not inami land, Fazindari land or special tenure land, or whether any person is or is not a superior holder, the State Government shall, having regard to the relevant entries made in the records maintained under the Code, and after holding such inquiry as it may deem fit, decide the question, and such decision shall be final :
Provided that, the State Government may authorize any officer to decide such question; and subject to an appeal to the State Government (which shall be filed not later than ninety days of the decision by such officer), the decision of such officer shall be final.
(3) The State Government may authorise any officer not below the rank of a Deputy Secretary to decide an appeal under sub-section (2).
NOTES
"Fazindar".- During Portuguese and British rule on the Islands of the Bombay, the land-holders of Bombay and Malum Islands were known as Fazindars.- The Gazetteer of Bombay City and Islands, Vol. II, 1909, p 337.
"Fazindari".- It is a sub-tenure between a private proprietor and his tenant. The owner of the land under Government is known as Fazindar. Land under this tenure was let for building purposes and subject to low annual rent.- Ibid., page 338.
"For as tenure".- For as plays very important role in the history of land tenures in Bombay. They are known as "Salt Batty" grounds, a term expressive of their origin as having been reclaimed from the sea which traversed the island in different directions, finding outlets for itself at Back-bay. Mazgaon, and other parts and dividing Bombay into cluster of islands. -Ibid., pages 357 and 358.
"Pension tax tenure".- This type of tenure originally, existed during Portuguese rule on Bombay Islands. It was a royalty rent "acknowledging the Government as Lords Paramount."
No rate of assessment were fixed under this tenure. Rents were in "lump-sum" and were extremely low and was meant "for enjoyment of land. the bonus or the premium paid for fee, simple or compromise of a doubtful tenure.- Ibid., page 335.
"Inami",- The land situated under this tenure was mainly at Naigaon. Parel, Sion-Fort and a small portion at Dadar and Dharavi. approximately 878 acres in 1909 period. Inam lands pay no assessment to Government of India or cess of any kind. The (inami) grants were paid to Lowji (Wadia) families in 1783, 1821 and 1885.- Ibid., page 374.
"First Grant".- In 1783, Sir Edward Huges, K. B.. Commander-in-Chief of His-Majesty"s Ship in India, brought to the notice of the Government the very important service rendered by the Parsi Master-builder, Maneckji and Bamonji Lowji Wadia and their two sons in refitting His-Majesty's Squandron and recommended a grant to the family of Lowji so long as they should continue in the service of the Company (East India Company), as Master- builders, a portion of the Company's batty grounds producing a net income of forty Mudas of batty annually. Ibid., pages 374, 375 and 378.
"Second Grant".- Second Grant was made in 1821 and Jamshedji Bamonji Wadia (also a Master-builder in the Dockyards) was given batty-grounds of villages of Parel, Naigaon, Sion, Kasba of Mahim.
"Third Grant".- Third Grant was made in 1885 to Khan Bahadur Jamshedji Wadia at the time of completion of 40 years service in His Majesty's Dockyards.