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  • Bom. Act 47 of 1951 Salsette Estates (Land Revenue Exemption Abolition) Act, 1951

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    Law enacted in Maharashtra to scrap estates

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    Bom. Act 47 of 1951 Salsette Estates (Land Revenue Exemption Abolition) Act,1951

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    Law enacted in Maharashtra to scrap estates

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    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    38 views8 pages

    Bom. Act 47 of 1951 Salsette Estates (Land Revenue Exemption Abolition) Act, 1951

    Uploaded by

    debigoenka
    Law enacted in Maharashtra to scrap estates

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Roplacement Series No, XXI~p. 68 1951 : Bom. XLVII} 3778 THE SALSETTE ESTATES.(LAND REVENUES EXEMPTION ABOLITION) ACT, 1951. CONTENTS. PREAMBLE, Sxrcrions. 1, @hort title, extent and commencement. 4, Definitions. 8 Liability of land in estates to land revenue and extinguishment of estate-bolder’s right to revenue assessment: and reversion or lapse. 4, Waste lands, eto., to vest in Government. 5. Forest rights. 6: Application of the Code to lands in estates, 7. Mothod of compensation for the extinguishment or modification of any rights in land. & Limitation. 9. Court fees. 9A. Revisional powers in respect of awards made before commencement of ‘Bom. XCIII of 1958. 10. Provisions of Bom. LXVII of 1948 to govern relations of estate-holder and tenants. Il, Rules. (M,C) = 108 Replacement Serise Ko. XXI~p. 69 BOMBAY ACT No. XLVII OF 19512 (Tax Satserrs Estates (Layp Revenue Exemrron Apoutvion) Act, 1951.} [14th January 1952} Amended by Bom, 38 of 1953. Adapted ard modified by the Bombay Adaptation of Laws (State ard Concur- rent Subjects) Order, 1956, Amended by Bom, 93 of 1958, ‘An Act to abolish exemption from land revenue enjoyed by holders of certain estates in the Island of Salsotie in the Bombay Suburban and Thana Districts in the State of Bombay. WHEREAS it is expedient to abolich exomption from the payment of lard revenue enjoyed by the holdors of cottain estates in the island of Salsotto in the Bombay Buburban and Thana Districts in the State of Bombay and to provide for certain other matters hereinafter apposring ; It is horeby enacted as follows :— 1. (1) This Act may be called the Salsette Estates (Land Roverue Exemption short title, Abolition) Act, 1951. extent aad (2) It extends to the villages specified in the Schedule in the Bombay Suburban San” and Thana Dictricts, (8) It chall come into force on such date as the State Government may, by notification in the Official Gazette, direct. 2, (2) In this Act, unle-e thoro is eriything repugnant in the rubject or context,— pegaitions (a) ‘Code means the Bombay Land Rovenus Codo, 1879; (aa) “Calloctor” includes an officer appointed by the State Government to perform tho functions and exercite the powors of the Collector under this Act ;] (8) “estate” moans a village.or # part thervof specified in the Schedule, and held urder a kow! ; (0) “‘ostato-holder ” means a holder of an estate and includes any person law- fully holding under or through him; {d) “‘kowl” mesns a lente, a farm'or an agtooment under which an estate is he'd from the State Government ; : (© ‘permarent holder” means a cutidar, a shilotridar, a poarant proprictor or a holder who was in potsescion of the lard in an e:tate before the grant of the kowl acd whore rights have not boon scquired by tho ostato-holder or who permarently holds any lard on payment of assossment to tho estate-holder ; (f) “Schedule” means the Schedu'o appended to this Act, (2) Any words or oxpreseions wh'ch are defined in tho Code ard not dofi.cd in this Act chall be deemed to have the meaning given to them by the Code, (1) Notwithstanding anything contained in the kowl, a decree or order of 8 court or any other inetrument or any law for the time being in force, but tubjoct to land in the provirions of sub-section (3),— ee ee (a) all lands in any estate are and chall be liable to the payment of land rovenue ani-exdar to the Btate Goverrment in accordance with the provisions of the Cude aud the guishment of rales made thereu der; otters () (4) an estate-holder in rospect of ny land which is in his actual posrossion right to as an estate-holder or is in the possession of auy porsoh who holds the same Fevenve through or under him and who is not a pormar.ont holder, ard perenne or lapeo. 7 For Stavomont of Objects acd Reascne, oe Bombay Goversnent Cascte, 1061, Part V, page 265, * Glnuoe (ao) waainsrted by Bom, 28 of 1903, , Sand Beovnd Sekodule, 3782 Salsctte Estates (Land Revenue Exemption [1951 : Bom, XLVIL Abolition) Act, 2951 (ii) a pormanont holder, shal) be primarily liable to the State Goverment for tho payment of land revenue due in rerpect of euch Jand held by him and shall be entitled to all the rights and shall bo liable to all the obligations in respoct of euch land undor the Code or the tules made thereunder or any othor law for tho time boing in force : Provided that the amount of any rent or a ‘um of money payable by the estate- holder as consideration or otherwise under the terms of the kow! shall no longer be loviable, (2) The right to recover ateessment in respect of any lard he'd by a permanent holder ard the right of reversion or lapro, if any, in re’pect of euch lad under the terms of the kowl shall be deemed to havo been extirsuished. (3) Nothing in eub-cection (/) shall be doomed to affect the right of any perron to hold any land in an estate wholly or partially exempt from the payment of land Tovenue w.der a epecial contreet, or gront medo or rocoguized by tho terms of the kowl in re:pact of the estate or under a law for the time being in force in favour of any percon othor than the ostate-holder, Wostotands, . (2) All waste Jands in any estate which urder the terms of the kewl are not die, toveat’ the proporty of the e-tate-holder, in Govern. (8) all waste lands in any estate which urder tho terms of the kewl are the ment. property of the estate-holdor but have not been appropriated or brought under cultivation bofore tho 14th Augwt 1951, ard (c) all other kirds of property referred ‘to in section 37 of the Code situate in an estate which is not the property of any irdividual or an aggregate of porrons legally capable of holding property other then tho e:tate-holder ar.d except in ro far as any rights of portons may be establitbed in or over the same ar.d except as may be other wize provided by any law for the time being in force, together with all rights in or over the fame or appertaining thereto, are and are hereby declared to be the property of the State and it «hall be lawful to diepore of ard coll the fame by the authority'in the manner and for tho purposos prescribed in rection 87 or 38 of the Cade, as the case may be. Forest 5. Tho rights to trees epocially thore reserved by tho Code, the Indian Forest rights. Act, 1927, or any othor law for the time being in force, shall vest in ihe State Govorn- ment and nothing in this Act shall in any way affect tho right of the State Govern- ment to apply the provisions of the Tudian Fore-t Act, 1927, as in force {fin tho pro-Reorganitation State of Bombay, excluding the tran‘ ferred territories] to forests in any of the estates. Apnication 6. Savo as otherwise exprestly provided in this Act, tho provisions of the Code foiteaca® shall apply to lands in any estate. Sinton ‘Te (UZ) Hany estate holder or any other person is aggrieved by any of the provi- reed ction sions of thie Act as oxtinguithing or modifyirg any of kis righis in any property fortie and if such estate holdor or porson prove: that ruch oxtingu'shment ot modification, gztneithy amounts to trantference to public ownership of ruch proporty, ruch estate holder Rolifeation oF porxon may apply to the Collector for compensation, of any (2) Such application rhall be made in the furm pre orilnd by rules mado mnder fightei= this Act within six months from tho date on which this Aet comes into free. 1 Thowe words were substituted fur to words‘“in the State” by the Bombay Adaptation of Laws (Btate and Concurrent Subjects) Order, 1956, XxyI of, 927, XxvI of gs Beplacament Series No. XXI—p. 70 . 1961 : Bom. XLV] —Saleette Estates (Land Revenue Exemption 3783 Abolition) Act, 1951 (2) Tho Collector shall aftor a formal inquiry in the mannor provided by the Code award such componsation as he deoms reasonable and adequate : Provided that— (a) the amount of compensation for the extinguishment of the r'ght of rever- sion in lands in any estate shall not exceed the amount calculated at the rate of Re. 10 per 100 eeres of such lands ; e (®) the amount of compensst-on for the extinguishment of any right in any waste land or in any other property referzed to in clause (0) of sect'on 4, wh’ch ‘under the terms of the kowl was the property of tie estate holder shall not exceed the amount caloulated at the rate of Ra. 25 por 100 acres of sich land = Provided further that, in the case of the extinguichmont or modificat on of any other right of any estate holder or any right of any othor person, the Collector shall ret be guided by the provis ons of sub-section (J) of section 23 and section 24 of the Ids. Tand Acquisition Act, 1894. 4{($) (6) Where the officer making an award under sub-section (3) is a Collector under this Act but not Collector appointed under section 8 of the Code and the amount of sach award excoods five thousand rapees, thon the award shall not be made without the previous approval of — (@) the Collector appointed under section 8 of the Code, if the amount of the ‘award does not exceed twonty-five thousand rupees, or (6) the Commissioner, if the amount of the award exooods twenty-five thousand mapeer but doos not exceed one lakh of rupees, or {¢) the State Government, if the amount of the award exceeds one-lakh of rupess. - (ii) Where the officer making an award under sub-section (3) is a Collector under this Act and also a Collector appointed tnder 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 provious approval of— e {6) the Commissioner, if the amount of the award does not exceed one lakhof rupees, or (6) the State Government, if the amount of the award exceeds one lakh of rupees. fof _(Sis) Every award under sub-section (3) pau be in the form prescribed in 1894. section 26 of the Land Acquisition Act, 1894. @ Subject to tho provis‘ons of sub-section (5), the award of the Collector | shall be finel. 1 Sab-sewtion (5.4) wasinserted by Bow. 08 of 1968, «. 2, Bok, | mes Ealestie Estates (Lond Revere Eoecrytion (A961 + Bere, XLVI. Abolition) Act, 1951 + (8) Any person aggrieved by the award or decision of the Collector may eppeal _° to the Bombay Revente Trbunsl constituted under the Bombay Revenuo Bzr- Tribural Act, 1939. : . of () In dooid'ng appeals andor cub-sect’on (5), the Bombay Revenue Tr banal shall exoro 0 all tho powers wh cha court has and follow the same procedure wh ch 8 court follows in dvc.ding appeals from the decree or otder of an original court under the Code of Uivil Procedure, 1608. Kot Lmitetion, 8, Evory appeal made under thi Act to tho Bombay Revenue Tr'bunal shall be filed within s por od of sixty days from tho date of the award of tho Collector. e The provisions of sect'ons 4, 5, 12 and 14 of the Indian Lim‘tat‘on Act, 1908. hall apply to the filing of such ‘appeal. st Gwar fora, 9, Netwithstanding anything contained in the Court-fees Act, 1870, every appeal vit of mado under this Act to the Bombay Revenue Tribunal shall baat a court-foe stamp 1870, of ech aluo as may be prescribed. Revisions! _'19A. Where any award was made under subsection (3) cf sect on 7 before powenin the commencement” cf,the Bombay Lend, Tenures Abvlition (Anendisent) Bom. respect of | Act, 1958 and no appeal was filed against euch award uncer sub-

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