Bombay Khoti Abolition Act, 1949, (Maharashtra) Section 12 - Bare Act

Act Info:

(1) If a khot or any other person is aggrieved by any of the provisions of this Act as extinguishing or modifying any of his rights in land and if such person proves that such extinguishment or modification amounts to transference to public ownership of any land or any right in or over such land, such person may apply to the Collector for compensation.

(2) Such application shall be made in the form prescribed by rules made under this Act ¹[on or before the 31st day of March, 1952] ²[and in the case of compensation for extinguishment of any right to a share in the revenue of a forest, on or before the 31st day of March, 1964],

(3) The Collector shall after holding a formal inquiry in the manner provided by the Code award such compensation as he deems reasonable and adequate :

Provided that -

(a) the amount of compensation for the extinguishment of the right of reversion in land in a khoti village in the district of Ratnagiri shall not exceed the amount calculated at the rate of Rs. 2 per 100 acres of such land;

(b) the amount of compensation for the extinguishment of any right to appropriate any uncultivated and waste lands not appropriated by any khot and not entered in the revenue or survey records as khoti khasgi immedi ately before the 1st day of August, 1949, shall not exceed the amount calculated at the rate of Rs. 5 per 100 acres of such land :

Provided further that, in the case of the extinguishment or modification of any other right of a khot or any right of any other person the Collector shall be guided by the provisions of sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894 :

Provided also that, if any question arises whether any land is dhara, khoti khasgi or khoti nisbat or is held by a perma nent tenant or other tenant, the Collector shall after holding a formal inquiry in the manner provided by the Code decide the question.

³[(3A)(i) Where the officer making an award under sub section (3) is a Collector under this Act but not a Collector appointed under section 8 of the Code and the amount of such award exceeds 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 (3) 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 previ ous approval of -

(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 (3) shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894.]

(4) Subject to the provisions of sub-section (5), the award or decision of the Collector shall be final.

(5) Any person aggrieved by the award or decision of the Collector may appeal to the ⁴[Maharashtra Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957.]

(6) In deciding appeals under sub-section (5), the ⁵[Maharashtra Revenue Tribunal] shall exercise all the pow ers which a Court has and 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.

_________________

1. These words, figures and letters were substituted for the words within six months from the date on which this Act comes into force by Bom. 3 of 1952, section 2, Schedule.

2. These words, letters and figures were inserted by Mah. 43 of 1963, section 2.

3. Sub-section (3A) was inserted by Bom. 93 of 1958, section 2, Schedule.

4 These words and figures were substituted for the portion beginning with the words "Bombay Revene Tribunal" and ending with the figures 1939" by the Maharashtra Aaptation of Laws (State and Concurrent Subjects) Order, 1960.

5 These words were substituted for the words Bombay Revenue Tribunal , by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. Subsequently the words "Divisional Commissioner" were substituted by Mah. 25 of 2002 and again the words "Maharashtra Revenue' Tribunal" were substituted by Mah. 23 of 2007, Sch., Serial No. 15(7).