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Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, (Maharashtra) Complete Act

Title: the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969

State: Maharashtra

Year: 1969

Preamble - THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865 Section 1 - Contracts declared null and void. No suit allowed on such contracts Section 2 - Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering Section 3 - Payments for which guardian and personal representative not to be allowed credit Section 4 - Repeal and savings Section 5 - Number and gender

Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, (Maharashtra) Preamble

Title: the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969

State: Maharashtra

Year: 1969

THE BOMBAY CITY (INAMI AND SPECIAL TENURES) ABOLITION AND MAHARASHTRA LAND REVENUE CODE (AMENDMENT) ACT, 1969 [Act No. 24 of 1969]1 [4th September, 1969] PREAMBLE Amended by Mah. 14 of 1972 Amended by Mah. 11 of 1976 (14.4.1976)2 Amended by Mah. 16 of 1985 An Act to abolish inami tenure and certain special tenures in the City of Bombay, and to amend the Maharashtra Land Revenue Code, 1966. NOTES In pursuance of its policy to abolish inams and non-rayatwari tenures in the State, the Government proposed to abolish the three inam grants and the special tenures known as pension tax tenure; quit and ground rent tenure, for as tenure and sanadi tenure prevailing in the City of Bombay. While abolishing such tenures, it was proposed to assess the lands under the said tenures, at a lower rate of 5 per cent. of the average market value of un built plots, as on 2nd December, 1957, to levy and recover the full assessment fixed, which was to be done in a gradual manner within a period of 50 years. The principles of assessment are specified in the Act. Also, holder of the land has to share the responsibility of payment of the assessment so fixed, with the tenants. As the.....

Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, (Maharashtra) Section 8

Title: Assessment of Lands Held on Inami or Special Tenure Before Appointed Day and Matters Incidental Thereto

State: Maharashtra

Year: 1969

.....thereof, the total income per annum from such plot, the purpose for which the plot is used, the extent to which payment of assessment may effect such use of land and adverse effects, if any, resulting there from and any other relevant factor, the State Government may reduce the assessment payable in respect of the plot; so however that the superior holder may be able to pay such reduced assessment from out of the net income of the plot. NOTES Land revenue does not cover non-agricultural land and not tenable after the amendment of 1975 of Maharashtra Increase in Land Revenue and Special Assessment Act, 1974.- The guarantee of 50 years enacted by the Bombay City (Inami and Special Tenure) Abolition Act could not force the amendment of 1975 of Maharashtra Increase in Land Revenue and Special Assessment Act enacted by a competent Legislature. When provisions of Maharashtra Act are unambiguous and clear it cannot be read down by section 8 of the Bombay City (Inami and Special Tenure) Abolition Act.- Life Insurance Corporation of India v. Deputy Collector and others. 2005 (4) Bom. C.R. 468.

BOMBAY CITY (INAMI AND SPECIAL TENURES) ABOLITION AND MAHARASHTRA LAND REVENUE CODE (AMENDMENT) ACT, 1969, (Maharashtra) Section 4

Title: Abolition of inami tenure and special tenures; extinguishment of superior holder's rights; and liability to pay land revenue

State: Maharashtra

Year: 1969

.....be liable to the State Government for the payment of land revenue equal to the amount of cess, rent or assessment which is payable in respect thereof immediately before the appointed day to the superior holder, or as the case may be, to the State Government under the terms of the tenure, or (ii) shall be held free from payment of land revenue, if no such cess, rent or assessment is payable in respect thereof immediately before the appointed day. NOTES The intention of the section indicates that it is meant for "extending the benefit to the public trusts even in the cases where the property is let out and not necessarily used physically, therefore the trustees are entitled to claim exemption certificates under section 4(2) in respect of the lands in question". Now roji Jehangir Gamadia & others v. Dy. Collector, Bombay, 1986 Mah. L. J. 582.

Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, (Maharashtra) Section 3

Title: Application of This Act to Lands Held on Inami, Fazindari and Special Tenures and Application of Chapter Xiv of Code

State: Maharashtra

Year: 1969

(1) Save as expressly provided in this Act, the provisions of this Act shall apply to lands held on inami tenure as Fazindari land or on special tenure as entered in the registers and rent rolls maintained under section 305 of the Code. (2) The provisions of Chapter XIV of the Code (inclusive of the modifications specified in the Second Schedule) shall apply to the said lands in so far as they are not inconsistent with the provisions of this Act.

Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, (Maharashtra) Section 7

Title: Initial Assessment of Lands Held on Inami and Special Tenures to Be Fixed Under Section 8; and After Period of Guarantee, According to Provisions of Code

State: Maharashtra

Year: 1969

On the commencement of this Act, the assessment of lands held immediately before such commencement on inami tenure (not being lands held under the Second Inami grant) and special tenure, for land revenue shall be fixed in accordance with the provisions of section 8; and the assessment so fixed shall be leviable with effect from the appointed day; and shall, on the expiry of the period of guarantee, become liable to be fixed in accordance with the provisions of the Code.

Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969 Complete Act

State: Maharashtra

Year: 1969

.....may extend to twenty five rupees for every day during which failure continues after conviction for the first such failure State Government may make rules. SECTION 19: RULES (1) The State Government may, subject to the condition of previous publication, make rules for the purposes of carrying out the provisions of this Act. Such rules shall, when finally made be published in the Official Gazette rules framed shall be laid before each House of the State Legislature. (2) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette, of such decision, have effect only in such modified form or be of no effect, as the case may be ; so however that any such modification or annulment shall be without.....

Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, (Maharashtra) Section 2

Title: Definitions and Power to Decide Questions Arising there from

State: Maharashtra

Year: 1969

....."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.....

Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, (Maharashtra) Schedule

Title: First Schedule

State: Maharashtra

Year: 1969

FIRST SCHEDULE (See section 10) Amendment of Bom. LVII of 1947 In the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, after section 10E, the following shall be inserted, namely : "10F. Increase of rent on account of levy of assessment.-(1) Where a landlord of the premises on any inami land or a special tenure land is required to pay in respect of such land assessment in accordance with the provisions of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, the landlord shall, notwithstanding anything contained in any law or in agreement or contract or in any decree or order of any Court, be entitled to recover from the tenant or if there are more than one tenant, from all his tenants, a sum equal to fifty per cent. of the amount of assessment payable in respect of such land, and to make an increase in the rent of the premises as determined under sub-section (2). (2) The amount of increase in rent to be recovered from each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of assessment payable in respect of the inami or special.....

Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, (Maharashtra) Schedule

Title: Second Schedule

State: Maharashtra

Year: 1969

.....not below the rank of Deputy Secretary to decide such appeals. Publication of standard rates of assessment. (5) The State Government may make rules under section 306 for the institution, and disposal of such appeals (including provision for period of limitation and hearing). 262 C. The standard rates of assessment fixed or revised under this Chapter shall be published in the Official Gazette and in such other manner as may be prescribed before they are brought into force. Standard rate of assessment to be in force for ten years until revised. 262 D. The standard rate of assessment fixed for each division shall come into force from the 1st day of the revenue year immediately following the year in which the rate is fixed; and notwithstanding any alteration in the bank rate of interest or average market value of lands referred to in section 262 A, shall remain in force for a period of ten years; and shall be liable to be revised in accordance with the provisions of this Chapter after the expiry of the said period. Until it is so revised, the rate fixed as aforesaid shall be deemed to be in force. Period of guarantee. 262 E. (1) Notwithstanding any alteration in the.....