(No. 10 of 1953) An Act to provide for the resumption of all
Jagir-lands in the State and for certain other measures of land reforms. CHAPTER I Preliminary (1)
This Act may be called The Abolition of Jagirs and
Land Reforms Act, 1953 (Bhopal). (2)
It extends to the whole of the [1][Bhopal region]. (3)
It shall come into force on such date as the State
Government may, by notification in the [2][Gazette] of Bhopal,
appoint. (1)
In this Act, unless the context otherwise
requires:- (i) "agriculture" includes
horticulture; (ii) "Collector" means
a Nazim appointed under Section 8 of the Bhopal State Land Revenue Act (Bhopal
Act No. IV of 1932) and includes a Naib Nazim or Deputy Collector specially
empowered by the State Government to discharge all or any of the functions of a
Collector under this Act; (iii) "homestead" means
a dwelling house together with any court-yard, compound, attached garden or
bari, and includes any outbuilding used for agricultural purposes and any tank
or well appertaining to the dwelling house; (iv) "Jagir" means
an area of land in one or more villages in the State, the revenue of which has
been assigned to a person or persons or any religious or charitable institution
under a grant or a Sanad issued by the State Government or any former ruler of
the State and includes a life grant and a perpetual grant; (v) "Jagirdar" means
any person recognised as a Jagirdar under any law, rules, regulations or orders
governing Jagirs, in force in any part of the State and includes every assignee
of land revenue; (vi) "Jagir-land" means
any land in which or in relation to which any Jagirdar has rights as such in
respect of land revenue or any other kind of revenue; (vii) "Jagir
Commissioner" means a person appointed by the State Government to
perform the function of a Jagir Commissioner under this Act; (viii) "Khud-kasht" means
any [3][parcel] of
land [4][of a
Jagirdar in which the rights of an occupant accruce to him]; (ix) "land
cultivated personally" with its grammatical variations and cognate
expressions means land cultivated on one's own account by- (a) one's own
labour; or (b) by the
labour of any member of one's family; or (c) by servants
on wages payable in cash or in kind (but not in a share of the produce); or (d) by hired
labour under one's personal supervision or the personal supervision of any
member of one's family: Provided that in the case of a person who is
a widow or a minor or is subject to any physical or mental disability or who is
a member of the Armed Forces of the Union, land shall be deemed to be
cultivated personally even in the absence of such personal supervision; (x) "life
grant" means a Jagir held on the tenure "hin hayati"; (xi) "occupied
land" means land held immediately before the commencement of this Act
by an occupant and includes land held as Khud-kasht and land comprised in a
homestead; (xii) "perpetual
grant" means a Jagir held on the tenure 'naslan-bad- naslan'; (xiii) "prescribed" means
prescribed by rules made under this Act; (xiv) "previous
agricultural year" means the agricultural year immediately preceding
the year in which the date of resumption falls; (xv) "Revenue
Commissioner" means an officer appointed by the State Government to
perform the functions of a Revenue Commissioner under this Act; (xvi) "sanadi
income" means the income of a Jagir mentioned in the Sanad or grant
relating to the Jagir; (xvii) [5][x x x] (xviii) "State" means
the [6][Bhopal
region]; (xix) "village
rate" means the rate fixed for a particular class of soil in the
current settlement. (2)
All other words and expressions used but not
defined in this Act and defined in the Bhopal State Land Revenue Act (Bhopal
Act No. IV of 1932) shall have the meaning respectively assigned to them in
that Act. (3)
Unless the context otherwise requires the General
Clauses Act, 1897 (X of 1897) shall apply for the interpretation of this Act as
it applies for the interpretation of an Act of Parliament. Save as otherwise expressly provided in this
Act, the provisions of this Act and other rules and orders made thereunder
shall have effect notwithstanding anything inconsistent therewith contained in
any other law and rules for the time being in force or any instrument having
effect by virtue of any such law or usage, agreement, settlement, grant, sanad
or any decree or order of any Court or other authority. CHAPTER II Resumption of Jagris (1)
As soon as may be, after the commencement of this
Act, the State Government may, by notification in the Gazette of Bhopal/appoint
a date for the resumption of all Jagirs lands or any class of Jagirs lands and
different dates may be appointed for different class of Jagir-lands. (2)
The State Government may, by notification published
in the [7][Gazette], vary a date
specified under sub-section (1) at any time before such date. (3)
The date finally appointed under this section in
relation to e resumption of any Jagir land is in this Act referred to as the
date of resumption of that Jagir land. (1)
As from the date of resumption, notwithstanding
anything contained in any Sanad, contract grant or other document or in any law,
rule, regulation or order for the time being in force, but save as otherwise
provided in this Act- (a) the right,
title and interest of the Jagirdar and of every other person claiming through
him in his Jagir lands, including grove land, forests, trees, fisheries, wells,
tanks, ponds, water channels, ferries, quarries, path-ways, village-sites,
hats, bazars and mela grounds and mines and minerals whether being worked or
not, shall stand resumed to the State Government free from all encumbrances; (b) all rights,
titles and interests created in or over the Jagir land by the Jagirdar or his
predecessors-in-interest shall, as against the State Government, cease and
determine; (c) all
revenues, rent and cesses in respect of any holding (including any land leased
by or on behalf of the jagirdar for any purpose other than agriculture) in the
Jagir land for any period after the date of resumption, which, but for such
resumption, would have been payable to the Jagirdar shall be payable to the
State Government; (d) all revenues,
rents, cesses or other dues, for the agricultural year in which the date of
resumption falls, recovered by the Jagirdar before the said date or by the
State Government after the said date shall, after deducting therefrom the
expenses of collection at the rate of 10%, be ratably distributed between the
Jagirdar and the State Government, the amount to be distributed bearing to the
total amount recovered during the agricultural year the same proportion which
the period before the date of resumption or, as the case may be, the period
after the said date, bears to the whole of the agricultural year; (e) all arrears
of revenue (including zar-i-chaharum and zar-i-panjum), cesses or other dues in
respect of any Jagir land due from the Jagirdar for any period prior to the
date of resumption, including any sum due from him under clause (d) and all
loans advanced by the State Government or the Court of Wards to the Jagirdar
shall continue to be recoverable from such Jagirdar and may, without prejudice
to any other mode of recovery, be realised by deducting the amount from the
compensation payable to such Jagirdar under Chapter III; (f) the right,
title and interest of the Jagirdar or any other person in the Jagir land
resumed under clause (a) shall not be liable to attachment or sale in execution
of any decree or other process of any Court, civil or revenue, and any
attachment existing on the date of resumption or any order for attachment
passed before such date shall, subject to the provisions of Section 73 of the
Transfer of Property Act, 1882 (IV of 1882), cease to be in force; (g) subject to
any rules made in this behalf under this Act, all suits and proceedings
relating to the Jagir land pending in any Court at the date of resumption and
all proceedings consequent upon any decree or order passed in any such suit or
proceedings before such date shall be stayed. (2)
Nothing contained in this section shall- (a) render the
State Government liable for the payment of debts incurred by the Jagirdar
before the date of resumption and the Jagirdar shall be personally liable for
the payment of all such debts; (b) operate as a
bar to the recovery by the Jagirdar of any sum which becomes due to him by
virtue of his rights in the Jagir land in respect of any period prior to the
commencement of the agricultural year in which the date of resumption falls : Provided that no decree for arrears of
revenue or rent or order for ejectment in default of payment of an arrear of
revenue or rent shall be executed by ejectment of the judgment debtor from his
holding; (c) affect any
contract entered into before the 6th day of May, 1952 between a Jagirdar and
any other person in respect of any forest, fishery or quarry situated in any
Jagir land, for the collection of forest produce or fish or stone from such
forest, fishery or quarry, but the consideration in respect of the contract
falling due after the date of resumption shall be payable to the State
Government. (1)
Notwithstanding anything contained in the last
preceding section- (a) the Jagirdar
shall continue to remain in possession of land cultivated personally by him; to
the extent and subject to the conditions and restrictions specified in Sections
21 and 22; (b) (i) all open
enclosures used for agricultural or domestic purposes and in continuous
possession of the Jagirdar (which includes possession of any
predecessor-in-interest) for twelve years immediately preceding the date of
resumption; (ii) all
open house-sites purchased for valuable consideration; and (iii) all
private buildings, places of worship, and wells situated in, and trees standing
on land included in such enclosures or house-sites, as are specified in clauses
(i) and (ii) or land appertaining to such buildings or places of worship within
the limits of a village site; shall continue to belong to or be held by the
Jagirdar. (c) All groves
and orchards wherever situate, planted by, belonging to or held by the Jagirdar
or any other person, shall continue to belong to or be held by such Jagirdar or
other person, as the case may be, and the land on which such groves and
orchards are situate, together with any land appurtenant thereto, shall be
settled on he Jagirdar or such other person, as the case may be by the State
Government in accordance with the provisions of the Bhopal State Land Revenue
Act (Bhopal Act No. IV of 1932). (d) All tanks
trees, private wells and buildings in or on occupied land belonging to or held
by the Jagirdar or any other person shall continue to belong to, or be held by
such Jagirdar or other person. (2)
If any question arises whether any property is of
the nature referred to in sub-section (1), it shall be referred to the Jagir
Commissioner, who after making such enquiry as the deems necessary, may make
such order thereon as he deems fit Where a Jagirdar has, on or after the 6th day
of May, 1952- (a) granted a
lease of his Jagir land or any part thereof for any non-agricultural purpose
for a period of three years or more; or (b) granted a
lease or entered into a contract relating to may forest, fishery, or quarry is
his land for a period of three years or more; and the Collector of the District is
satisfied that such lease or contract was not made or entered into in the
normal course of management but in anticipation of legislation for the
abolition of jagirs, the Collector may, subject to any rules made under this
Act, by order in writing, cancel the lease or the contract, as the case may be. (1)
On and from the date of resumption, no jagirdar
shall recover or receive from any occupant or resident of the jagir or from any
contractor, or lessee, or other person, any revenue, rent, cess or other dues,
which he is not entitled to recover or receive under the provisions of this
Act. (2)
Where any jagirdar recovers any revenue, rent cess
or other dues in contravention of the provisions of sub-section (1), he shall
be liable to pay to the State Government, as penalty, such sum not exceeding
five hundred rupees, as the Collector may, after making an enquiry in the
prescribed manner, direct, and collector may further direct the refund of such
revenue, rent cess or other dues. (3)
All sums recoverable under sub-section (2) shall be
realised as arrears of land revenue. CHAPTER III Compensation (1)
Subject to the other provisions of this Art, there
shall be paid to every Jagirdar, whose Jagir land has been resumed under
Section 4, such compensation as shall be determine in accordance with the
principles laid down in the Schedule. (2)
Compensation payable under this section shall be
due as from the date of resumption and shall carry simple interest at the rate
of 2? per cent per annum from that date upto the date of payment: Provided that no interest shall be payable on
any amount of compensation which remains unpaid for any default of the
Jagirdar, his agent or his representative-in-interest. Any person who, under any law, rules or any
custom having the force of law, is entitled to receive a maintenance allowance
out of the income of any Jagir, shall be entitled to compensation payable to
the Jagirdar, such amount for maintenance annually, as the Jagir Commissioner
may fix after taking into consideration- (i) the amount
of maintenance allowance which that person used to receive from the Jagirdar
before the date of resumption; (ii) the net
income of the Jagirdar from the Jagir at the time of fixing the said
maintenance allowance; (iii) the net
amount of compensation payable to the Jagirdar; and (iv) such other
matters as may be prescribed. Any co-sharer of a Jagirdar who under any
law, rules or custom having the force of law, is at the commencement of this
Act, entitled to a share out of the annual income of the Jagir land, shall be
entitled to receive such amount annually out of the annual instalment of
compensation payable to the Jagirdar under Section 15, as bears to that
instalment the same proportion which his share of the income of the Jagir land
bears to the total income of the Jagir. (1)
Every Jagirdar whose Jagir land has been resumed
under Section 4 shall, within two months from the date of resumption, file in
the prescribed form, a statement of claim tor compensation before the Jagir
Commissioner. (2)
Every such statement of claim shall contain the
following particulars, namely:- (i) the
description of the Jagir and the full name of the Jagirdar, his age and place
of residence; (ii) the date and
year of the last Sanad or grant; (iii) tenure of
the Jagir whether hereditary (naslan-bnd-nas-lan) or for life time only (hin
hayati); (iv) the Sanadi
income of the Jagir; (v) the number
and names of villages comprised in his Jagir land together with the particulars
of area and the income of each such village; (vi) the amount
of the gross income of the Jagir land with details o income from the various
sources specified in the Schedule, (vii) the cess
(abwab) and other dues such as zar-i-chaharum and zar-i-panjum, if any, which
the Jagirdar pays to the State Government; (viii) the amount
of dues and debts recoverable from him under clause (e) of sub-section (1) of
Section 5; (ix) the names of
persons, if any, entitled to a maintenance together with the amount of
maintenance allowance pay able such person; (x) the names of
co-sharers, if any, in the Jagir land together with the particulars of the
share of each such co-sharer; (xi) such other
particulars as may be prescribed. (3)
Every such statement of claim shall be signed and
verified in the manner provided for the signing and verification of plaints in
the Code Civil Procedure, 1908 (Act V of 1908). (1)
On receipt of a statement of claim under Section
12, or it such statement is received within the period specified in that
section on the expiry of that period, the Jagir Commissioner shall, after
making such enquiry as he deems fit, determine- (a) the total
amount of compensation payable to a Jagirdar in accordance with the principles
specified in the Schedule; (b) the amount
recoverable from a Jagirdar under clause (e) of sub-section (1) of Section 5; (c) the amount
of annual maintenance allowance, if any, payable under Section 10; (d) the amount
payable to the co-sharers of the Jagirdar, if any, under Section 11. (2)
The jagir Commissioner shall serve, as soon as may
be, a copy of his decision under sub-section (1) upon the State Government, the
jagirdar, the person entitled to maintenance allowance, if any and the
co-sharers, if any. The amount recoverable from a Jagirdar under
clause (t) sub-section (1) of Section 5 as determined under clause (b) of
Section 13 shall be deducted from the total compensation payable to the
Jagirdar under Section 9. (1)
After the amount of compensation payable to a
Jagirdar under Section 9 is determined and amount specified in Section 14 is
deducted therefrom, the balance of the compensation shall be divided into such
number of annual instalments not exceeding fifteen as may be prescribed. (2)
The amounts determined under clauses (c) and (d) of
sub-section (1) of Section 13 shall be deducted and paid annually to the
persons entitled thereto, out of the annual instalment referred torn
sub-section (1) and the remaining amount of the instalment shall be paid to the
Jagirdar. (3)
Where compensation under this Act is payable to- (a) a minor or a
person suffering from a legal disability who is under the superintendence of a
Court of Wards, the compensation money shall be paid to the Court of Wards; (b) a minor or a
person suffering from a legal disability who is not under the superintendence
of a Court of Wards, the compensation money shall be deposited in the Court of
the District Judge having jurisdiction and shall be disposed of in accordance
with the directions of that Court; (c) a waqf,
trust, endowment for the benefit of a religious of charitable institution, the
compensation money shall, subject to any directions of the State Government, be
deposited for and on behalf of the waqf trust or endowment, as the case may be,
with such authority or bank as may be prescribed. (4)
The payment of compensation money to a Jagirdar and
to persons entitled to a maintenance allowance and to co-sharers, if any, shall
be a full discharge of the-State Government from the liability to pay
compensation in lieu of the resumption of his Jagir lands but shall not
prejudice the rights to which any other person may be entitled, by due process
of law, to enforce against the person to whom any amount has been so paid. (1)
Where within the period of one year from the date
of resumption the compensation payable to a Jagirdar is no determined, the
State Government shall, subject to such conditions (including condition
relating to the obtaining of a security or indemnity bond) as may be
prescribed, direct the payment to such Jagirdar of interim compensation which
shall- (i) if no
deductions are to be made under Sections 13, 14 and 15, be equal to one-tenth
of the estimated amount of compensation; (ii) if
deductions are to be made as aforesaid, be such amount as may be prescribed. (2)
An interim compensation payable under this section
shall be paid within eighteen months from the date of resumption and any
compensation so paid shall be adjusted against the amount of compensation
finally determined under this Act. If, during the course of an enquiry by the
Jagir Commissioner, any question arises in respect of a title to or right or
interest in the Jagir lands resumed under Section 4, the Jagir Commissioner
shall, after holding such inquiry as he may deem fit decide such questions. Where the jagirdar who is entitled to receive
any compensation under his Act dies before the full amount of compensation is
paid to him such amount compensation as remains outstanding shall be paid to
his leg representatives in the same manner and subject to the same conditions
as a applicable to the Jagirdar. CHAPTER IV Khud-Kasht Land (1)
Any Jagirdar whose Jagir land has been resumed
under this Act and every shikmi under a Jagirdar who has been in possession of
Khud-kasht land of the Jagirdar for more than one agricultural year,
immediately Preceding the agricultural year in which the date of resumption
falls, may, [8][within sue time as may
be prescribed], apply to the Tahsildar, within whose jurisdiction Such land or
the major portion of such land is situate for the allotment to him of land for
personal cultivation. (2)
An application under sub-section (1) shall be in
such form as may be prescribed and shall contain the following particulars- (a) the
description of the Jagir land; (b) the date of resumption
of the Jagir land; (c) the total
area of the Jagir land under cultivation at the date of (d) the names of
the co-sharers if any, in the Jagir land and the extent of their shares (in the
case of a Jagirdar only); (e) the area of
Khud-kasht land, if any, under the personal cultivation of- (i) the Jagirdar
at the date of resumption, or (ii) a shikmi for
more than one year immediately preceding the date of resumption; (f) the area of
cultivable waste land (in the case of a Jagirdar only), (3)
such other particulars as may be prescribed. (1)
On receipt of an application under Section 19, the
Tahsildar shall issue notice to the applicant and other interested persons, if
any, and after giving the parties an opportunity of being heard, shall make an
enquiry in the prescribed manner. (2)
After making the enquiry referred to in sub-section
(1), the Tahsildar may, having due regard to the provisions hereinafter
contained in this Chapter, pass an order making allotment to the Jagndar or the
shikmi, as the case may be, of such land for personal cultivation as may be
specified in the order. (3)
Where any land is allotted to a Jagirdar or shikmi,
as the case may be, for personal cultivation under sub-section (2), the
Tahsildar shall issue a patta to the Jagirdar or shikmi, as the case may be, in
such form as may be prescribed in respect of the land so allotted. (1)
A Jagirdar shall be allotted all Khud-kasht land
which he was cultivating personally for a continuous period of five
agricultural years immediately preceding the agricultural year in which the
date of resumption falls and also such other land as he has reclaimed from
waste land during the period of three years immediately preceding the 6th day
of May, 1952 and which is in his personal cultivation on the date of
resumption. (2)
A shikmi under the Jagirdar shall be allotted all
Khud-kasht land which has been in his possession for more than one year on the
date of resumption. (3)
A Jagirdar whose Jagir land has been resumed under
this Act and who, at the date of resumption:- (a) does not
hold any land for personal cultivation; or (b) holds land
for personal cultivation whether as Khud-kasht or as occupant's holding,
anywhere in the State, and the two together being less than the minimum area; shall
be allotted out of the available culturable land in the Jagir or elsewhere so
much area of land for personal cultivation as- (i) in a case
falling under clause (a) is equal to the minimum area; and (ii) in a case
falling under clause (b), together with the area allotted under sub-section (1)
is equal to the minimum area : Provided that if any Jagirdar has, on or
after the 6th day of May, 1952, transferred any area of land held by him as
occupant outside his Jagir, the area so transferred shall be taken into account
in determining the minimum area to be allotted to a jagridar under this
sub-section : Provided further that if any land allotted to
a Jagirdar under this sub-section is not cultivated personally by him within
three years of the date of allotment, or ceases to be cultivated personally by
him at any time thereafter, the Collector may after holding the prescribed
enquiry and after giving the Jagirdar a reasonable opportunity of being heard
direct that the land shall be deemed to have reverted to the State Government
and on any such direction being issued the Jagirdar shall handover possession
of the land to the Collector or to such person as the Collector may direct. "Explanation". - In this
sub-section the expression "minimum area" means 10 per cent of the
total cultivated land in the Jagir on the date of resumption (subject to a
maximum of 50 acres), whichever is greater. (1)
Any land allotted to a Jagirdar for personal
cultivation under Section 21 shall be deemed to be held by the Jagirdar as an
occupant thereof and shall be assessed at the village rate in accordance with
the provisions of the Bhopal State Land Revenue Act, 1932 (Bhopal Act IV of
1932). (2)
Any land allotted to shikmi for personal
cultivation under Section 21 shall be deemed to be held by him as an occupant : Provided that if the rent of such land
exceeds the amount of the rent payable at the village rate, the Collector
shall, on the application of shikmi, fix the rent at the village rate. Any Khud-kasht land granted by a Jagridar to
a person in lieu of maintenance allowance payable from the Jagir lands which is
under the personal cultivation of such person on the date immediately preceding
the date of resumption, shall be deemed to be settled on such person as an
occupant on payment of land revenue at the village rate. Every person including the shikmi of more
than one year, who is entered in the revenue records as an occupant of any
Jagir land at the date of resumption, shall be deemed to be an occupant in
respect of such land which shall be assessed at the village rate. CHATPER V Miscellaneous (1)
Any person aggrieved by an order of the Tahsildar
under sub-section (2) of Section 20 may within thirty days from the date of
communication of such order to him appeal to the Collector, whose decision
thereon shall be final. (2)
The court-fee payable on a memorandum of appeal
under subsection (1) shall be one rupee. (1)
Any person aggrieved by an order of the Collector
under Section 7, sub-section (2) of Section 8 or under the proviso to
sub-section (3) of Section 21 or the proviso to sub-section (2) of Section 22
or under Section 37, may, within thirty days from the date of communication of
such order to him, appeal to the Revenue Commissioner whose decision thereon
shall be final (2)
The court-fee payable on a memorandum of appeal
under sub-section (1) shall be five rupees. (1)
The State Government or any person aggrieved by the
decision of the Jagir Commissioner under sub-section (2) of Section 6, Section
13 or Section 17 may, within ninety days from the date of communication of such
decision, appeal to the Revenue Commissioner whose decision thereon shall be
final. (2)
The court-fee payable on a memorandum of appeal
under subsection (1) shall be five rupees. The State Government or the Jagir
Commissioner may by notification in the [9][Gazette], direct that
any power conferred or any duty imposed on it or him under this Act shall,
under such conditions and restrictions, if any, as may be specified in the
direction, be exercised or discharged by such officer or class of officers as
may be specified in such direction. Any officer or authority holding an inquiry
or hearing an appeal under this Act shall have the powers of a Civil Court
under the Code of Civil Procedure, 1908 (V of 1908), relating to- (a) proof of
facts by affidavits; (b) enforcing
attendance of any person and his examination on oath; (c) production
of documents; (d) issuing of
commissions; and every such officer or authority shall be
deemed to be a civil Court within the meaning of Sections 480 and 482 of
the [10][Code of Criminal
Procedure, 1898 (V of 1898)] Notwithstanding anything hereinbefore
contained in this Act, where any suit or proceeding is pending before any Court
or other authority, which directly or indirectly affects or is likely to affect
the right of any person to receive the whole or part of the compensation payable
under Section 9, the Court or authority may require the Jagir Commissioner to
place at its disposal the amount so payable and thereupon the same shall be
disposed of in accordance with the orders of such Court or Authority. Subject to any rules made under this Act in
this behalf, any officer or authority holding an enquiry under this Act may,
for the purpose of carrying out the provisions of this Act- (a) enter at any
time upon any Jagir land along with such public servants as he may consider
necessary; (b) make a
survey or take measurement or do any other act on any Jagir land. A proceeding before any officer or authority under
this Act shall be deemed to be a judicial proceeding within the meaning of
Sections 193 and 228 of the Indian Penal Code (XLV of 1860). All officers and persons acting under or in pursuance
of the provisions of this Act or the rules made thereunder shall be deemed to
be public servants within the meaning of Section 21 of the Indian Penal Code
(XLV of 1860). Any order for the payment of costs made by
any officer or authority under this Act may be enforced in the same manner as
if it were a decree for the payment of money passed by a competent revenue
Court. Any notice or other document required to be
served by or under this Act may be served- (a) by
delivering or tendering it to the person on whom it is to be served; or (b) by sending
it in a registered letter addressed to that person at his usual or last known
place of abode; or (c) by
delivering it to any male member of the family of such person or by affixing
it, or a copy of it, to some conspicuous part of the premises, where such
person is known to have last resided or carried on business or personally
worked for gain; or (d) in such
other manner as may be prescribed. All documents, statements and registers
maintained under this Act or the rules made thereunder shall be open to
inspection during such hours and subject to such conditions and payment of
fees, if any, as may be prescribed and any person shall, on payment of such
fees as may be prescribed be entitled to be furnished with a copy of the whole
or any portion of such document, statement or register subject to such
exceptions or restrictions as may be prescribed. If any question arises whether any Jagir land
is a forest or is situated in a forest, or as to the limits of a forest, it
shall be determined by the Collector of the district in which such land is
situate in such manner as may be prescribed. Notwithstanding anything to the contrary in
any law the provisions of this Act shall apply to any Jagir land or part
thereof which is under the management of the Court of Wards or the State
Government under any law for the time being in force, in the same manner as
they would apply to any Jagir land not under such management. (1)
Save as otherwise provided in this Act, no Civil or
Revenue Court shall have jurisdiction to settle, decide, or deal with any
question which is, by or under this Act, required to be settled, decided or
dealt with by the State Government, the Tahsildar, the Collector, the Jagir
Commissioner or the Revenue Commissioner. (2)
Except as otherwise provided in this Act, no order
of the State Government, a Tahsildar, a Collector, the Jagir Commissioner or
the Revenue Commissioner under this Act shall be called in question in any
Court. (1)
No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good faith done or
intended to be done in pursuance of this Act, or any rules made thereunder. (2)
No suit, or other legal proceeding shall lie
against the State Government, for any damage caused, or likely to be caused, or
any injury suffered or likely to be suffered by virtue of any provisions of
this Act or by anything in good faith done or intended to be done, under or in
pursuance of this Act, or any rules made thereunder. Any person who makes any statement in an
application signed and verified by him under this Act which is false or which
he either knows or has reason to believe to be false or does not believe to be
true shall be punishable with imprisonment for a term which may extend to two
years or with fine which may extend to one thousand rupees or with both. The Revenue Commissioner, the Jagir
Commissioner, the Collector and the Tahsildar may, either on his own motion or
on application made, within such time as may be prescribed, by any interested
party, review an order passed by himself or his predecessor in office and pass
such order in relation thereto as he thinks fit.' The Jagir Commissioner, or any other officer
holding an enquiry under this Act, and the Revenue Commissioner and the Collector
hearing appeals from the order of the Jagir Commissioner or the Collector or
the Tahsildar, as the case may be, shall, so far as may be, follow the
procedure applicable to proceedings under the Bhopal State Land Revenue Act
(Bhopal Act IV of 1932) and shall have the same powers, in relation to
proceedings before them, as a Revenue Officer or a Revenue Commissioner has in
relation to original or appellate proceedings, as the case may be, under the
said Act. Save as otherwise expressly provided in this
Act there shall be paid such court fees on every application filed in a
proceeding under this Act, and such fees for the issue or execution of any
process, as may be prescribed. Compensation payable under this Act shall be
a charge on and be payable out of the consolidated fund of the State. The provisions of this Act (other than
Sections 4, 5, 9, 12 to 18, 30 and 45 and the Schedule) shall apply to
Jagirdars whose Jagir lands have, before the commencement of this Act, been
converted into mansab and shall in such application have effect as if (a) for the
reference to "the date of resumption of Jagir or Jagir lands",
wherever it occurs, the reference to "the date of conversion of Jagir or
Jagir lands into mansab" had been substituted; (b) for the
words "resumed" and "resumption" the words "converted
into mansab" and "conversion into mansab" had respectively
been substituted; (c) in Section
8, in sub-section (1), for the words "On and from the date of resumption,
no Jagirdar", the words "No Jagirdar whose Jagir lands have been
converted into mansab" had been substituted; (d) in Section
10, for the word "compensation"wherever it occurs, the word
"mansab" had been substituted; (e) in Section
11, for the words and figures "compensation payable to the Jagirdar under
Section 15", the words "mansab payable to the Jagirdar" had
been substituted; (f) in Section
19, in sub-section (1), for the words "has been resumed under this
Act," the words "has been converted into mansab" had
been substituted; (g) in Section
21, in sub-section (3), for the words "has been resumed under this
Act," the words "has been converted into mansab" had
been substituted; (h) in Section
27, in sub-section (1), the words and figures "Section 13 or Section
17" had been omitted.] (1)
The State Government may make rules for the purpose
of carrying out the provisions of this Act. (2)
Without prejudice to the generality of the
foregoing power, such rules may provide for- (a) the disposal
of suits and proceedings relating to Jagir lands resumed under this Act pending
in any Courts and stayed under the Act, (b) the
procedure for the cancellation of leases and contracts under Section 7; (c) the form and
the manner in which the statement of claim shall be filed by a Jagirdar under
Section 12, and the particulars it should contain; (d) the number
of instalments and the manner in which the compensation shall be paid under
this Act; (e) the grant of
assistance to Jagirdars for purchasing annuity from an insurance company out of
the compensation payable to them under this Act; (f) the
procedure to be followed in depositing the amount of compensation money with a
bank or other authority under this Act, (e) the
procedure to be followed in placing the amount of compensation money at the
disposal of the Court or Authority under this Act; (g) the
conditions subject to which interim compensation may be given; (h) the mode of
service of any notice or document to be served under this Act; (i) the
procedure for deciding questions regarding forests under this Act; (j) the
court-fees and process fees payable under this Act; (k) any other
matter which is to be or may be prescribed under this Act. Schedule (See Section 9) 1.
Every Jagirdar to be treated as a separate
unit. For purposes of assessment of compensation
under this Act, every Jagirdar shall be treated as a separate unit : Provided that, in the case of a joint Hindu
family, (a) a father
with his male lineal descendants in the male line of descent shall be deemed to
be one unit where the father was alive on the date of resumption; (b) except as
provided under clause (a) every other member of a joint Hindu family shall be
treated as a separated unit. Explanation. - Notwithstanding any
partition made on or after the 6th day of May, 1952, a family shall be deemed
to be joint. 2.
Basic year. The expression "basic year" means
the agricultural year immediately preceding the agricultural Year in which the
date of resumption falls. 3.
Calculation of gross income. The gross income of a jagirdar shall be the
total income from his Jagir land under the following heads- (a) revenue or
rents, including cesses and local rates payable for the basic year by or on
behalf of the occupants, grantees at a concessional rate or shikmis or grove holders- (i)??? in
cash; (ii)?? where
the rent is payable in kind or partly in cash and partly in kind, the valuation
at the appropriate rent rates fixed at the settlement immediately preceding the
date of resumption; (iii)?? where
revenue or rent payable has not been determined, the revenue or rent determined
at current settlement rates. (b) the
valuation of land rents at the settlement rates- (i) ???of Khud-kasht of the Jagirdar; and (ii) ??of any groves held by the Jagirdar; (c) Sayar
including income from hats, bazars, quarries and fisheries calculated on the
basis of an average of the twelve agricultural years immediately preceding the
date of resumption; (d) income from
forests and grazing fees calculated on the basis of an average of twenty
agricultural years immediately preceding the date of resumption. 4.
Calculation of net income. The net income of a Jagirdar shall be
calculated by deducting from the gross income of the Jagirdar- (a) any sum
which was payable by him in the basic year to the State Government including
zar-i-chaharum and zar-i-panjum, abwab, cesses or local rates; (b) a sum equal
to the Agricultural Income-tax which, but for the resumption of the Jagir,
would have been paid or payable by the Jagirdar for the agricultural year in
which the date of resumption falls; (c) the cost of
management and an amount in lieu of irrecoverable arrears of rent, equal to 20
per cent of the gross income. 5.
Amount of compensation. (1)
The amount payable as compensation to a perpetual
or naslan-bad-pasjan Jagirdar shall be- (a) where the
net annual income does not exceed Rs. 1,000/-, 15 times of such net annual
income; (b) where the
net annual income exceeds Rs. 1,000/- but does not exceed Rs. 3,000/-, the total
amount equal to 15 times of the first Rs. 1,000/- and 12 times to the remaining
net annual income in excess of Rs. 1,000/-; (c) where the
net annual income exceeds Rs. 3,000/- but does not exceed Rs. 10,000/-, the
total amount equal to 15 times of the first Rs. 1,000/- plus 12 times of the
next Rs. 2,000/- and plus 9 times of the remaining net annual income in excess
of Rs. 3,000/-; (d) where the
net annual income exceeds Rs. 10,000/- but does not exceed Rs. 20,000/-, the
total amount equal to 15 times of the first Rs. 1,000/- plus 12 times of the
next Rs. 2,000/- plus 9 times of the next Rs. 7,000/- and plus 6 times of the
remaining net annual income in excess of Rs. 10,000/-; (e) where the
net annual income exceeds Rs. 20,000/-, total amount equal to 15 times of the
first Rs. 1,000/- plus 12 times of the next Rs. 2,000/- plus 9 times of the
next Rs. 7,000/- plus 6 times of the next Rs. 10,000/- and plus 3 times of the
remaining net annual income in excess of Rs. 20,000/-. (2)
The amount payable as compensation to a Jagirdar
holding a Jagir for his life-time only, on the date of resumption, shall be in
accordance with the following scale, namely- (a) where the
net annual income does not exceed Rs. 1,000/-, 10 times of such net annual
income; (b) where the
net annual income exceeds Rs. 1,000/- but does not exceed Rs. 3,000/-, the
total amount equal to 10 times of the first Rs. 1,000/- and 8 times of the
remaining net annual income in excess of Rs. 1,000/-; (c) where the
net annual income exceeds Rs. 3,000//- but does not exceed Rs. 10,000/-, the
total amount equal to 10 times of the first Rs. 1,000/- plus 8 times of the
next Rs. 2,000/- and plus 6 times of the remaining net annual income in excess
of Rs. 3,000/-; (d) where the
net annual income exceeds Rs. 10,000/- but does not exceed Rs. 20,000/-, the
total amount equal to 10 times of the first Rs. 1,000/- plus 8 times of the
next Rs. 2,000/- plus 6 times of the next Rs. 7,000/- and plus 4 times of the
remaining net annual income in excess of Rs. 10,000/-; (e)
where the annual income exceeds Rs.
20,000/-; the total amount equal to 10 times of the first Rs. 1,000/-, plus 8
times of the next Rs. 2,000/-, plus 6 times of the next Rs. 7,000/-, plus 4
times of the next Rs. 10,000/- and plus twice the remaining net annual income
in excess of Rs. 20,000/-. [1] Substituted for 'State of Bhopal' by
M.P.A.L.O. 1956. [2] Substituted tor 'Gazette of Bhopal' by
M.P.A.L.O., 1956. [3] Substituted by Bhopal Act No. VI of
1955. [4] Substituted by Bhopal Act No. VI of
1955. [5] Omitted by M.P.A.L.O. 1956. [6] Substituted for 'Gazette of Bhopal' by
M.P.A.L.O., 1956. [7] Substituted for 'Gazette of Bhopal' by
M.P.A.L.O., 1956. [8] Substituted by Bhopal Act No. XI of
1954. [9] Substituted for 'Gazette of Bhopal' by
M.P.A.L.O., 1956. [10] Now See Code of Criminal Procedure, 1973
(2 of 1974). [11] Inserted by Bhopal Act No. II of 1954.Abolition Of
Jagirs And Land Reforms Act, 1953 (Bhopal)