THE BOMBAY FORFEITED LANDS RESTORATION ACT, 1938 [Act No. 22 of 19381] [29th November 1938] PREAMBLE An Act to provide for the restoration of lands forfeited during the Civil Disobedience Movement for the non-payment of land revenue and other sums due to Government. WHEREAS certain lands were forfeited as a result of the Civil Disobedience Movement for the non-payment of land revenue and other sums due to Government; AND WHEREAS the said lands were disposed of to certain persons for inadequate consideration; AND WHEREAS it is just and expedient to acquire them with a view to restore them to the original holders thereof; It is hereby enacted as follows :- _______________________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1938, Part V, pp. 551 and 552; for Proceedings in Assembly, see Bombay Legislative Assembly Debates, 1938, Vol. 4, pp. 2827-2898, 2902-2984 and 2988-3065; and for Proceedings in Council, see Bombay Legislative Council Debates, 1938, Vol. 4, pp. 304-363.
View Complete Act List Judgments citing this section(1) This Act may be called the Bombay Forfeited Lands Restoration Act, 1938. (2) It extends to the whole of the Province of Bombay. (3) It shall come into force on such date as the Provincial Government may, by notification in the Official Gazette, direct.
View Complete Act List Judgments citing this sectionIn this Act, unless there is anything repugnant in the subject or context - (1) "Forfeited land" means any of the lands forfeited to the Crown during the Civil Disobedience Movement in any of the years 1930 to 1934 for non-payment of land revenue or other sums due to Government and specified in the notification published in the Official Gazette by the Provincial Government within six months from the date on which this Act comes into force. The expression "Forefeiture of lands" shall be construed accordingly. (2) "Original holder" in relation to any forfeited land means a person who owned the land at the time of its forfeiture and includes his heirs. (3) "Prescribed" means prescribed by rules. (4) 'Tribunal" means the Tribunal constituted under section 3. (5) "Rules" means rules made under section 14. (6) Words and expressions not defined in this Act but defined in the Land Acquisition Act, 1894, shall have the meaning assigned to them in that Act.
View Complete Act List Judgments citing this sectionFor the purposes of this Act, the Provincial Government shall constitute a Tribunal consisting of such member or members as the Provincial Government may appoint. If the Tribunal consists of one member, such member, and if it consists of more than one member, the President, shall be a person who is or has been a Judge of a High Court.
View Complete Act List Judgments citing this section(1) The Provincial Government, if it is satisfied that any of the forfeited lands is needed for a public purpose and should, therefore, in public interest be acquired and restored to the original holder, may make a declaration that the said land is needed for such purpose. (2) The declaration shall be published in the Official Gazette and shall state all the material particulars in regard to the said land. (3) Such declaration shall be conclusive evidence that the said land is needed for such purpose.
View Complete Act List Judgments citing this section(1) On the publication of the declaration under section 4, the Tribunal shall cause public notice to be given at convenient places at or near the land to be acquired stating that the Provincial Government intends to acquire the said land. (2) Such notice shall also state the particulars of the said land and shall require all persons interested in the said land to appear personally or by agent before the Tribunal at the time and place therein mentioned (such time not being earlier than one, month after the date of publication of the notice) and to state the nature of their respective interests in the said land and the amount and particulars of their claims to compensation for such interest. (3) The Tribunal shall also serve notice by registered post to the same effect on the occupier, if any, of such land and on all persons known or believed to be interested therein. (4) The original holder of the land and the Collector shall also be served with a notice by registered post intimating to them the time and place of the enquiry by the Tribunal and shall be entitled to appear in such enquiry either personally or by agent.
View Complete Act List Judgments citing this section(1) The Tribunal may also by notice in writing require any person interested in the land to make or deliver to it at the time and place mentioned (such time not being earlier than one month from the date of such notice) a statement containing, so far as may be practicable, the name of any other person interested in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and particulars regarding the nature of such interest and the rents and profits, if any, received or receivable on account thereof. (2) Every person required to make or deliver a statement under this section or under section 5 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.
View Complete Act List Judgments citing this section(1) On the day fixed in the notice given by the Tribunal under section 5 or any other day to which the inquiry may be adjourned, the Tribunal shall proceed to enquire regarding - (i) the amount of compensation to be awarded for the land; and (ii) the respective interests of the persons claiming compensation. (2) The Tribunal shall then make an award stating the amount of compensation which in its opinion should be awarded for the land. Such award shall be in writing and where there are several persons interested in the land, the award shall also state the amount of compensation to be awarded to each.
View Complete Act List Judgments citing this sectionSave as otherwise provided by or under this Act, the provisions of the Code of Civil Procedure, 1908, shall, so far as may be, apply to any enquiry before the Tribunal under this Act.
View Complete Act List Judgments citing this section.....namely :- (a) the profits, if any, received by the holder for the time being from the land during the period mentioned in clause (c) of sub-section (1), and (b) any damage resulting from any act, permanently injurious or destructive to the land, committed by the holder for the time being or any person acting on the behalf during the period mentioned in clause (c) of sub-section (1) : Provided that, the amount of compensation to be awarded under sub-section (1) shall not in any case be less than the total of the amount mentioned in clauses (a) and (b) of the said subsection. (3) If the holder for the time being, within 15 days from the date of the publication of the notice under section 5, intimates in writing to the Collector that he is willing to receive as compensation a sum equal to the amounts mentioned in clauses (a) and (b) of sub-section (1) together with the interest thereon at the rate and for the period mentioned in clause (d) of the said sub-section, the amount of compensation to be awarded for the land shall be the said sum without making any deductions therefrom in respect of any of the matters mentioned in sub-section (2). (4) In cases where the.....
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