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Bombay Inferior Village Watans Abolition Act, 1958, (Maharashtra) Preamble

Title: the Bombay Inferior Village Watans Abolition Act, 1958

State: Maharashtra

Year: 1958

.....otherwise, from the under-right holders. They had under them many under-right holders, with varying rights in the land, and not all of these were actual cultivators. After 1947, all intermediary rights in land were abolished according to National Policy on land tenure. Some of the inam tenures were also characterised by separation of ownership from cultivation. In other cases, the inamdars were enjoying the lands rent free (i.e., revenue free) or on concessional or fixed rents. All these systems became redundant after political developments of 1947, therefore abolished subsequently. Inam Tenures.- Besides above tenures, other categories of tenures were prevalent known as Inam tenures. "Inam" means a gift, from a ruler to a subject. Traditionally the superior political authority made gifts or 'inams', mainly land to be held rent free and in perpetuity or for the duration of the rulers pleasure. Some inams considered of only State assessed revenue from specified hands; and some others only of a regular cash payment. Categories of Inams.- (1) Political Inams.- Saranjams and other types. (2) Inam grants not held for any service or for some political considerations and.....

Bombay Paragana and Kulkarni Watans (Abolition), the Bombay Service Inams (Useful to Community) Abolition, the Bombay Merged Territories Miscellaneous Alienations Abolition, the Bombay Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2008, (Maharashtra) Preamble

Title: the Bombay Paragana and Kulkarni Watans (Abolition), the Bombay Service Inams (Useful to Community) Abolition, the Bombay Merged Territories Miscellaneous Alienations Abolition, the Bombay Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2008

State: Maharashtra

Year: 2008

.....MISCELLANEOUS ALIENATIONS ABOLITION, THE BOMBAY INFERIOR VILLAGE WATANS ABOLITION AND THE MAHARASHTRA REVENUE PATELS (ABOLITION OF OFFICE) (AMENDMENT) ACT, 2008 [Act No. 19 of 2008] [ 9th May, 2008] PREAMBLE An Act further to amend the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, the Bombay Service Inams (Useful to Community) Abolition Act, 1953, the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955, the Bombay Inferior Village Watans Abolition Act, 1958 and the Maharashtra Revenue Patels (Abolition of Office) Act, 1962. WHEREAS it is expedient further to amend the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 (Bom. LX of 1950), the Bombay Service Inams (Useful to Community) Abolition Act, 1953 (Bom. LXX of 1953), the Bombay Merged Territories Miscellaneous Alienations Abolition Act; 1955 (Bom. XXII of 1955), the Bombay Inferior Village Watans Abolition Act, 1958 (Bom. I of 1959) and the Maharashtra Revenue Patels (Abolition of Office) Act, 1962 (Mah. XXXV of 1962), for the purposes hereinafter appearing; it is hereby enacted in the Fifty-ninth Year of the Republic of India as follows:--

Bombay Inferior Village Watans Abolition Act, 1958, (Maharashtra) Section 4

Title: Abolition of Inferior Village Watans Together with Incidents Thereof

State: Maharashtra

Year: 1958

.....to the provisions of sections 5, 6 and 9 all watan land shall be and is hereby resumed and shall be subject to the payment of land revenue under the provisions of the Code and the rules made thereunder as if it were an unalienated land : Provided that, such resumption shall not affect the validity of any alienation of such watan land made in accordance with the provisions of the existing watan law or the rights of an alienee thereof or any person claiming under or through him. NOTES It provides for the abolition of all inferior village watans and the extinguishment of all incidents appertaining to the said watans. It also provides for the resumption of all watan lands and makes such land liable to the payment of land revenue under the provisions of the Code. Who can be made parties to suit for injunction.-Inam lands regranted to the plaintiff on payment of occupation charges. There was allotment of such lands to defendants by the orders of Tahsildar. Since the Tahsildar had no authority to allot the land, Tahsildar and the Government were not necessary parties to the injunction suit.- Nimba Bhuta Koli v. Barku Zamarya Bhil, 1986 (1) Bom. C. R. 75.

Bombay Paragana and Kulkarni Watans (Abolition), the Bombay Service Inams (Useful to Community) Abolition, the Bombay Merged Territories Miscellaneous Alienations Abolition, the Bombay Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2008, (Maharashtra) Chapter V

Title: Amendment to the Bombay Inferior Village Watans Abolition Act, 1958

State: Maharashtra

Year: 2008

Chapter V AMENDMENT TO THE BOMBAY INFERIOR VILLAGE WATANS ABOLITION ACT, 1958

The Bombay Inferior Village Watans Abolition Act, 1958 Complete Act

State: Maharashtra

Year: 1958

.....within the meaning of sections 193, 219 and 228 of the Indian Penal Code. SECTION 18: ELEGATION OF POWERS The State Government may, subject to such restrictions and conditions as it may impose, by notification in the Official Gazette, delegate to any of its officers not below the rank of a Collector, all or any of the powers conferred on it by this Act. SECTION 19: RULES The State Government may, subject to the condition of previous publication, make rules for the carrying out the provisions of this Act. Such rules shall, when finally made, be published in the Official Gazette. SECTION 20: SAVINGS Nothing contained in this Act shall effect " (1) any obligation or liability already incurred under an incident of an inferior village watan before the appointed date, or (2) any proceeding or remedy in respect of such obligation or liability, and any such proceeding may be continued or any such remedy may be enforced as if this Act had not been passed. Maharashtra State Acts

Bombay Inferior Village Watans Abolition Act, 1958, (Maharashtra) Section 2

Title: Definitions

State: Maharashtra

Year: 1958

.....date in relation to any local area means the date on which the remaining provisions of this Act come into force in such local area under sub-section 28. of section 1; (ii) authorised holder means a person in whom vests the ownership of a watan land which has been validly alienated permanently by the watandar whether by sale or gift or otherwise, under the existing watan law; (iii) Code means in relation to the pre-Reorganisation State of Bombay, excluding the transferred territories, the Bombay Land Revenue Code, 1879, and in relation to the Hyderabad area of the State of Bombay, the Hyderabad Land Revenue Act, 1317F.; (iv) Collector includes an Officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act; NOTES Power of inquiry.-In this case, among the vital issues whether the land in dispute belong to the claimant etc., other issue was whether Tahsildar or Dy. Collector had power to make inquiry under section 3 or not. It was held that issues arising out of section 3 can only be decided by Collector or other officer empowered to decide and not Tahsildar. - Latari Rama Warti v. Krishna Rajeswar.....

Indian Succession Act, 1925 Section 388

Title: Investiture of Inferior Courts with Jurisdiction of District Court for Purposes of This Act

State: Central

Year: 1925

.....to such an inferior court as if it were a District Judge: Provided that an appeal from any such order of an inferior court as is mentioned in subsection (1) of section 384 shall lie to the District Judge, and not to the High Court, and that the District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and direction as that sub-section authorises the High Court to make by its order on an appeal from an order of a District Judge. (3) An order of a District Judge on an appeal from an order of an inferior Court under the last foregoing sub-section shall, subject to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied by section 141 of that Code, be final. (4) The District Judge may withdraw any proceedings under this Part from an inferior court, and may either himself dispose of them or transfer them to another such court established within the local limits of the jurisdiction of the District Judge and having authority to dispose of the proceedings. (5) A notification under sub-section (1) may specify any inferior court specially or any.....

Bombay Inferior Village Watans Abolition Act, 1958, (Maharashtra) Section 9

Title: Eviction of Unauthorised Holder and Regrant of Watan Land to Him in Certain Circumstances and Disposal of Land Not Regranted

State: Maharashtra

Year: 1958

.....R. 222. Exercise of suo motu power.-The dispute in this case arises in the contest of the Bombay Inferior Village Watan Abolition Act, 1958. This Act was enacted "to abolish inferior village watans prevailing in certain parts of the State of Bombay". The expression "inferior village watan is defined in sec. (2)(1)(vii) to mean "the inferior village hereditary office together with tenure of watan properties, if any, and the rights, privileges and liabilities attached thereto". The expression "watandar" is defined in sec. 2(1)(xi) to mean a person having a hereditary interest in an inferior village watan under the existing watan law" by virtue of sec. 4, on and from the appointed date, all inferior village watan stood abolished notwithstanding anything contained in any usage, custom, settlement, grant, agreement, sanad or in any decree or order of the Court or in an existing watan law. It was held by the High Court that the rights which have enured to the benefit of the petitioner came to be crystalised by order of regrant that was passed by Dy. Collector. The first respondent instituted proceedings for regrant in his favour over 9 years thereafter. It was further held,.....

Bombay Inferior Village Watans Abolition Act, 1958, (Maharashtra) Section 1

Title: Short Title, Extent and Commencement

State: Maharashtra

Year: 1958

..... G. N., R. D., No. PKA, 1058-IX/205276-L, dated 21st January, 1959(B. G., Pt. IV-B, p. 160) In exercise of the powers conferred by sub-section (4) of section 1 of the Bombay Inferior Village Watans Abolition Act, 1958 (Bom. I of 1959), the Government of Bombay hereby directs that the provisions of sections 2 to 20 (both inclusive) of that Act shall come into force on the 1st day of February, 1959 in the local areas comprising the districts of Surat, Nashik, South Satara, Kolhapur and Parbhani. G. N., R. D., No. PKA. 1059-X/66641-L, dated 19th May, 1959 (B. G. Pt. IV-B, p. 726) In exercise of the powers conferred by sub-section (4) of section 1 of the Bombay Inferior Village Watans Abolition Act, 1958 (Bom. I of 1959), the Government of Bombay hereby directs that the provisions of sections 2 to 20 (both inclusive) of that Act shall come into force on the 1st day of August, 1959 in the local areas comprising the districts of Broach, Kolaba, Poona, North Satara and Aurangabad. G. N., R. D., No. BIW. 1060-IV-L, dated 22nd June, 1960 (M. G., Pt. IV-B, p. 66) In exercise of the powers conferred by sub-section (4) of section 1 of the Bombay Inferior Village Watans.....

Bombay Inferior Village Watans Abolition Act, 1958, (Maharashtra) Section 5

Title: Regrant of Watan Land to Holders of Watan

State: Maharashtra

Year: 1958

.....pay land revenue to the State Government in accordance with the provisions of the Code and the rules made thereunder; and all the provisions of the Code and rules relating to unalienated land shall, subject to the provisions of this Act, apply to the said land : Provided that, in respect of the watan land which was not assigned under the existing watan law as the remuneration of the inferior village hereditary office, an occupancy price equal to the amount of the full assessment of such land shall be paid by or on behalf of the watandar for the regrant of such land. (2) If there is failure to pay the occupancy price under sub-section (1) within the prescribed period and in the prescribed manner, the watandar shall be deemed to be unauthorisedly occupying the land and shall be liable to be summarily evicted therefrom by the Collector in accordance with the provisions of the Code. 1[(3)2[(a)]] On or after the commencement of the Bombay Pargana and Kulkarni Watans (Abolition), the Bombay Service Inams (Useful to Community) Abolition, the Bombay Merged Territories Miscellaneous Alienations Abolition, the Bombay Inferior Village Watans Abolition and the Maharashtra Revenue.....