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Start Free TrialBombay Land Tenure Abolition Laws (Amendment) Act, 1958, (Maharashtra) Preamble
Title: the Bombay Land Tenure Abolition Laws (Amendment) Act, 1958
State: Maharashtra
Year: 1958
THE BOMBAY LAND TENURE ABOLITION LAWS (AMENDMENT) ACT, 1958 [ Act No 57 of 19581] [10th June, 1958] PREAMBLE An Act further to define permanent tenants, inferior holders and permanent holders for the purposes of certain Land Tenure Abolition Laws and to provide for certain other matters. WHEREAS it is expedient further to define permanent tenants, inferior holders and permanent holders for the purposes of certain laws providing for the abolition of certain land tenures in the State of Bombay, and to provide for certain other matters hereinafter appearing; It is hereby enacted in the Ninth Year of the Republic of India as follows :- INTRODUCTION "The abolition of intermediary tenures began, soon after the independence, with the abolition of the khoti tenure in the coastal districts, malguzari and izardari tenures in the Vidarbha districts, and jagirdari tenure in the Marathwada districts, and came to an end with the abolition of the Revenue Patel Watans in Western Maharashtra in 1962 and Patwari Watans in the former Hyderabad enclaves in 1965. The only intermediary tenures that are being continued today in the Western Maharashtra and Marathwada region are the inam.....
View Complete Act List Judgments citing this sectionBombay 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.....
View Complete Act List Judgments citing this sectionBombay Merged Territories (Janjira and Bhor) Khoti Tenure Abolition Act, 1953, (Maharashtra) Section 3A
Title: Abolition of Khoti Tenure in Karle Village in the Merged Territories of Janjira in Kolaba District
State: Maharashtra
Year: 1953
.....the khoti villages in the merged territories of Janjira in the district of Kolaba with the modifications that - (1) section 6, sub-section (1) of section 7, section 11, section 12 and sub-section (2) of section 14 shall have effect as if for the words "the date on which this Act comes into force" the words, brackets and figures "the date on which the Bombay Merged Territories (Janjira and Bhor) Khoti Tenure Abolition (Amendment) Act, 1963, (Mahh. XLII of 1963) comes into force" has been substituted; (2) sub-section (2) of section 7 shall have effect as if for the words, figures and letters "the 31st day of July 1954" the words, figures and letters "the 31st day of July 1964" the had been substituted; (3) sub-section (1) of section 8 shall have effect as if for the words "the coming into force of this Act" the words, brackets and figures "the coming into force of the Bombay Merged Territories (Janjira and Bhor) Khoti Tenure Abolition (Amendment) Act, 1963 (Mah. XLII of 1963)", had been substituted; (4) clause (b) of the first proviso to sub-section (3) of section 14 shall have effect as if for the figures, letters and words "1st day of August 1953" the figures, letters.....
View Complete Act List Judgments citing this sectionBombay Land Tenures Abolition (Amendment) Act, 1953, (Maharashtra) Preamble
Title: the Bombay Land Tenures Abolition (Amendment) Act, 1953
State: Maharashtra
Year: 1953
.....it desirable to have such a provision in all the tenure abolition laws prevailing in the pre-Reorganisation State of Bombay, excluding the transferred territories.- Vide Statement of Objects and Reasons.- Mah. XLIII of 1958. During the course of implementations of the Land Tenure Abolition Acts and Rules certain difficulties were experienced because of non-completion of the necessary record of rights or non-fixation of assessment on lands or non-availability of land record or other documents which were with the tenure-holders or inamdars. This amending Act was, therefore, designed to provide for the preparation of relevant records for that purpose. It was also considered necessary to define the status of permanent tenant, inferior holder or permanent holder on whom occupancy rights had been conferred by certain Land Tenure Abolition Acts and Rules.- Vide Statement of Objects and Reasons.- Mah. 57 of 1958. _________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1953, Part V, p. 284.
View Complete Act List Judgments citing this sectionBombay Bandhijama, Udhad and Ugadia Tenures Abolition Act, 1959, (Maharashtra) Preamble
Title: the Bombay Bandhijama, Udhad and Ugadia Tenures Abolition Act, 1959
State: Maharashtra
Year: 1959
.....Act was designed to abolish this right and to make the lands liable to land revenue in accordance with the provisions of the Bombay Land Revenue Code, 1879 and the rules there under.--Statement of Objects and Reasons. WHEREAS certain villages in the Kaira, Surat and Thana districts of the State of Bombay are liable to the payment of a fixed and immutable assessment known as Udhad Bandhijama or Bandhijama or Judi and there is a right on the part of the holders of land in the said villages in limitation of the right of the State Government to assess the land to land revenue in accordance with the provisions of the Bombay Land Revenue Code, 1879, in consequence of a specific limit to assessment having been established and preserved; AND WHEREAS certain lands in the Surat District are held on partial exemption from payment of land revenue on Udhad tenure; AND WHEREAS certain lands in the Broach district known as Ugadia lands are held on payment to the State Government of a fixed and immutable assessment and there is a right on the part of the holders of such land in limitation of the right of the State Government to assess such lands to land revenue in accordance with the.....
View Complete Act List Judgments citing this sectionBOMBAY 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.
View Complete Act List Judgments citing this sectionBombay Kauli and Katuban Tenures (Abolition) Act, 1953, (Maharashtra) Preamble
Title: the Bombay Kauli and Katuban Tenures (Abolition) Act, 1953
State: Maharashtra
Year: 1953
.....TENURES (ABOLITION) ACT, 1953 [Act No. 44 of 19531] [22nd June, 1953] INTRODUCTION "Kaul" means an agreement. It implies that the contract or lease of land was granted on favourable terms for reclamation of the lands. They were, in essence, reclamation leases under which the lands were allowed to be held free from payment of assessment for some years and then the assessment was levied on a graduated scale. "Katuban" means fixed rent or assessment not liable to fluctuation. Since 1880, the terms `kauls" and `kutubans' came to be treated as synonymous. The main object of these terms was the improvement of the waste, uncultivated and uncultivable lands. Village under these tenures.- In Kolaba District 195 villages, Ratnagiri 273 villages and Kolhapur 3 villages were under these tenures. Initially kauli assessment was less than the survey assessment fixed on lands. All these assessment were permanent or hereditary. Over a period of hundred years, these waste lands were transformed into developed lands. Therefore, all such lands were subjected to payment of full assessment. All kaulidars and permanent holders have been made occupants without charging any occupancy.....
View Complete Act List Judgments citing this sectionBombay 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.
View Complete Act List Judgments citing this sectionBombay Bhagdari and Narwadari Tenures Abolition Act, 1949, (Maharashtra) Preamble
Title: the Bombay Bhagdari and Narwadari Tenures Abolition Act, 1949
State: Maharashtra
Year: 1949
THE BOMBAY BHAGDARI AND NARWADARI TENURES ABOLITION ACT, 1949 [Act No. 32 of 1949]1 [23rd June, 1949] PREAMBLE An Act to abolish the Bhagdari and Narwadari tenures in the Province of Bombay WHEREAS it is expedient to abolish the Bhagdari and Narwadari tenures which prevail in certain parts of the Province of Bombay and to provide for certain other purposes hereinafter appearing; It is hereby enacted as follows :- NOTES "The Gujarat villages, known as bhagdari (held on shares-bhag) and also narwa-(narva) dari i.e., held on a scheme for distributing the burden of the revenue (indicated by the Guzarati word 'narwa'), which is exactly like the bhejbarar of the North-West Provinces". The term "Bhag" means share, portion, one of the names of joint-villages surviving in Gujarat. The term "Narwa" means the mode of distributing equally the total land revenue assessment of a village among the co-sharers. ____________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette. 1949, Part V, p. 139.
View Complete Act List Judgments citing this sectionBombay Land Tenure Abolition Laws (Amendment) Act, 1958, (Maharashtra) Section 4
Title: Permanent Tenants for the Purpose of Certain Land Tenure Abolition Laws
State: Maharashtra
Year: 1958
For the purposes of the relevant Act specified in Part I of the Schedule, a person (a) who on the date of the commencement of that Act was holding any tenure, land, and (b) who and whose predecessors in title, if any, were, immediately before that date for such continuous periods as aggregate to a total continuous period of twelve years or more, holding the same tenure-land or any other tenure-land, as a tenant or inferior holder under the tenure-holder for the time being on payment of an amount exceeding the assessment of the land, shall unless it is proved by the tenure-holder that he would not have been a permanent tenant on the basis of continued possession of the land under clause (b), be deemed to be a permanent tenant of the land under clause (a) and all the provisions of that Act shall apply to him as they apply to a permanent tenant. Explanation :- The assessment for the purpose of this section shall be reckoned as provided in clause (a) and (b) of section 5.
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