Act Info:
(1) In this Act unless there is anything repugnant in the subject or context,-
(i) Code means the Bombay Land Revenue Code, 1879;
1[(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;]
NOTIFICATIONS
G.N., R.D., No. 6017/51(a), dated 14th August, 1953
(B.G., Pt. IV-B, p. 1578)
In exercise of the powers conferred by clause (i-a) of sub-section (1) of section 2 of the Bombay Khoti Abolition Act, 1949 (Bom. VI of 1950), the Government of Bombay is pleased to appoint the officers specified in column 1 of the Schedule appended hereto, to perform the functions and exercise the powers of a Collector under the said Act in the district specified against them in column 2 of the said Schedule namely :-
SCHEDULE
Designation of Officer
(1)
District
(2)
1.
Special Deputy Collector, Ratnagiri
Ratnagiri.
2.
Special Deputy Collector, Kolaba
Kolaba.
G.N., R.D., No. BKA. 2956-V/151437-L, dated 18th February, 1957
(B.G., Pt. IV-B, p. 165)
In exercise of the powers conferred by clause (i-a) of sub-section (1) of section 2 of the Bombay Khoti Abolition Act, 1949 (Bom. VI of 1950), the Government of Bombay hereby appoints -
(1) the Assistant or Deputy Collector, Panvel, and
(2) the Assistant Deputy Collector, Mahad ,
to perform the functions and exercise the powers of the Collector under the said Act within their respective jurisdiction.
G.N., R.D., No. BKA. 2958/98824-L, dated 14th July, 1958
(B.G., Pt. IV-B, p. 749)
In exercise of the powers conferred by clause (i-a) of sub-section (1) of section 2 of the Bombay Khoti Abolition Act, 1949 (Bom. VI of 1950) the Government of Bombay hereby appoints the Special Deputy Collector to the Kolaba District to perform the functions and exercise the powers of the Collector under the said Act in that District.
G.N., R.D., No. BKA. 1058-L, dated 11th September, 1958
(B.G., Pt. IV-B, p. 961)
In exercise of the powers conferred by clause (i-a) of sub-section (1) of section 2 of the Bombay Khoti Abolition Act, 1949 (Bom. VI of 1950), the Government of Bombay hereby appoints the Additional Collector of the Ratnagiri District to perform the functions and exercise the powers of the Collector under the said Act, within his jurisdiction.
(ii) dhara land means land held by a dharekari and in the Ratnagiri district includes land held by a quasi-dharekari;
(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 khotiki;
(v) Khoti Act means the Khoti Settlement Act, 1880;
NOTES
Proprietary rights cannot be claimed when land is uncultivated or forest land.- Shyamsunder v. State of Maharashtra, 1971 Mah. L.J. 403 : AIR 1970 SC 381: 1971 Bom. L.R. 98.
(vi) khot s dues means,-
(a) the rent paid to a khot by a quasi-dharekari 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 khoti 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 2[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 3[* * *] 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;
NOTES
Land acquired by adverse possession.- The words lawful transfer do not include acquisition of land by adverse possession inasmuch as adverse possession only extinguishes the title of the original owner; it does not bring about a transfer of land.
Consequently, land acquired by adverse possession is not covered by the definition of khoti khasgi land in the above section. - Kazi Gulam v. Keru Mahadu, I.L.R. 1961 Bom. 891.
(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 the tenure;
NOTES
Proprietary rights cannot be claimed when land is uncultivated or forest land.- Shyamsunder u. State of Maharashtra, 1971 Mah. L.J. 403 : AIR 1970 SC 381 : 1971 Bom. L.R. 98.
(ix) khoti nisbat land means,-
(a) in the district of Ratnagiri land 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 4[and includes also lands entered as khoti nisbat in the revenue records or the records of the khoti 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 area thereof;
(xi) permanent tenant means a holder of khoti land who has a permanent tenancy in such land;
(xii) quasi-dharekari means a landholder of any of the denominations, named in the first column of the Schedule to the Khoti Act.
(2) Any word or expression which is defined in the Code and not defined in this Act shall be deemed to have the meaning given to it by the Code.
(3) Reference in this Act to the provisions of the Khoti Act and the incidents of the khoti tenure shall, notwithstanding the repeal of the said Act and the abolition of the said tenure by this Act, be construed as references to the said provisions and incidents as they were in force immediately before this Act comes into force.
_________________
1. Clause (i-a) was inserted by Bom. 38 of 1953, section 3 and Second Schedule.
See now the Maharashtra Land Revenue Code, 1966.
2 These words were substituted for the words "Provincial Government" by Bom. 18 of 1950, section 2(ii).
3 The word khasgi was deleted by Bom. 38 of 1953, section 3 and Second shedule.
4 This portion was added by Bom. 65 of 1953, section 2. This amendment shall be deemed to have been made and come into force on the date on which Bom. 6 of 1950 came into force (vide section 3 of Bom. 65 of 1953).