BOMBAY LAND REVENUE CODE, 1879

BOMBAY LAND REVENUE CODE, 1879

Preamble - THE BOMBAY LAND REVENUE CODE, 1879

THE BOMBAY LAND REVENUE CODE, 1879

[Act No. 05 of 1879][1]

[17th July, 1879]

PREAMBLE

Repealed in part by Bom. 3 of 1886;

" ,, ,, ,, 32 of 1949;

" ,, ,, ,, 6 of 1950;

Repealed in part and amended by Act 16 of 1895;

,, ,, ,, ,, Bom. 6 of 1901;

,, ,, ,, ,, 4 of 1905;

,, ,, ,, ,, 20 of 1939;

,, ,, ,, ,, 29 of 1939.

Section 1 -? Short title

[2] (1) ??This Act may be cited as "The Bombay Land Revenue Code, 1879".

Local extent.

[3] [(2) Save as otherwise provided by Chapter XA, this Act extends to [4] [Bombay area of the State of Gujarat.].

[5] [* * *]

[6] [(4) Save as otherwise provided by Chapter XA, it also extends to the Saurashtra area of the State of Bombay, subject to the modifications specified in Schedule J appended to this Act.]

[7] [(5) On and from the date of the coming into force of the Bombay Land Revenue (Extension to Kutch Area and Amendment) Act, 1965 (Guj. 35 of 1965), this Act shall also extend to and be in force in the Kutch area of the State of Gujarat.]

Section 2 - [Repealed]

[Repeal of enactments.] Repealed by Bom. IV of 1013, s. 5.

Section 3 - Interpretation section

In this Act, unless there be something repugnant in the subject or context--

''revenue officer"

(1)     "revenue officer" means every officer of any rank whatsoever appointed under any of the provisions of this Act, and employed in or about the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith [8] [and for the purposes of sections 25 and 26 includes village-officer appointed or officiating under any of the provisions of the Bombay Hereditary Offices Act or the Matadars Act, 1887];

"survey officer";

(2)     "survey officer" means an officer appointed under, or in the manner provided by section 18 [9]* * *;

"survey settlement."

[10] [(3) " Survey settlement" includes a settlement made under the provisions of Chapter VIIIA.];

"land";

(4)? ?"land" includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth, and also shares in, or charges on, the revenue or rent of villages, or other defined portions of territory;

"estate";

(5)? ?"estate" means any interest in lands and the aggregate of such interests vested in a person or aggregate of persons capable of holding the same;

"survey number";

(6) ??"survey number" means a portion of land of which the area and [11] [assessment] are separately entered, under an indicative number in the [12] [and records] [13] * * *;

" sub-division of a survey number";

(7)?  [14] ["sub-division of a survey number" means a portion of a survey number of which the area and assessment are separately entered in the land records under an indicative number subordinate to that of the survey number of which it is a portion];

"chavdi";

[15] [(8) "chavdi" means, in any village in which there is no chavdi, such place as the Collector may direct shall be deemed to be the chavdi for the purposes of this Act];

" building site";

(9) ?"building site" means a portion of land held for building purposes, whether any building be actually erected thereupon or not, and includes the open ground or court-yard enclosed by, or adjacent to, any building erected thereupon;

"boundary mark ";

(10) "boundary mark" means any erection, whether of earth, stone, or other material, and also any hedge, [16] [unploughed ridge, or] strip of ground, or other object whether natural or artificial, set up, employed, or specified by a survey officer, or other revenue officer having authority in that behalf, in order to designate the boundary of any division of land;

"to hold land" "land-holder", "holder"; "holding";

[17] [(11) "to hold land", or to be a "landholder" or "holder" of land means to be lawfully in possession of land, whether such possession is actual or not];

"superior holder"; 

[18] [(12) "holding" means a portion of land held by a holder];

"inferior holder";

[19] [(13) " superior holder " means a landholder entitled to receive rent or land revenue from other landholders (hereinafter called "inferior holders"), whether he is accountable or not for such rent or land revenue, or any part thereof, to [20] [the Provincial Government]: provided that where land has been granted free of rent or land revenue, subject to the right of resumption in certain specified contingencies, by a Jagirdar, Inamdar or other such holder of alienated land whose name is authorizedly entered as such in the land records, such Jagirdar, Inamdar or holder shall, with reference to the grantee, be deemed to be the superior holder of land so granted by him and the grantee shall, with reference to the grantor, be deemed to be the inferior holder of such land and for the purposes of section 8 of the [21]Bombay Local Funds Act, 1869(Bom. III of 1869), shall, notwithstanding anything hereinafter contained in the definition of the word "tenant", be deemed to be the tenant of such grantor];

"tenant";

[22] [(14) "tenant" means a lessee, whether holding under an instrument, or under an oral agreement, and includes a mortgagee of a tenant's rights with possession; but does not include a lessee holding directly under [23] [the Crown]];

"landlord";

[24] [(15) "landlord" means a lessor];

"occupant";

[25] [(16) "occupant" means a holder in actual possession of unalienated land, other than a tenant: provided that where the holder in actual possession is a tenant, the landlord or superior landlord, as the case may be, shall be deemed to be the occupant];

"occupancy";

[26] [(17) ?"occupancy" means a portion of land held by an occupant];

"to occupy land";

[27] [(18) "to occupy land" means to possess or take possession of land];

 "occupation";

[28] [(19) "occupation" means possession];

 "alienated";

(20) "alienated" means transferred in so far as the rights of [29] [the Provincial Government] to payment of the rent or land revenue are concerned, wholly or partially, to the ownership of any person;

"village";

[30] [(21) "village" includes a town or city and all the land belonging to a village, town or city];

"revenue year";

(22) the words "revenue year" or "year" means the period from, and exclusive of, the thirty-first July of one calendar year until, and inclusive of, the thirty-first July in the next calendar year;

 "year";

(23) [Definition of "section"] Rep. by Bom. III of 1886.

(24) [Definition of "this chapter".] Rep. by Bom. III of 1886.

"joint holders"; "joint occupants".

[31] [(25) The term "joint holders", or "joint occupants", means holders or occupants who hold land as co-sharers, whether, as co-sharers in a family undivided, according to Hindu law or otherwise, and whose shares are not divided by metes and bounds; and where land is held by joint holders or joint occupants, "holder" or "occupant", as the case may be, means all of the joint holders or joint occupants;]

"land records";

[32] [(26) "land records" means records maintained under the provisions of, or for the purposes of, this Act;]

"certified copy"; 

[33] [(27) "certified copy" or "certified extract" means a copy or extract, as the case may be, certified in the manner prescribed by section 76 of the Indian Evidence Act, 1872(I of 1872);]

"certified extract".

[34] [(27A) In this Act, where there is any reference to any other enactment or a provision thereof, such enactment or provision shall not merely by reason of such reference be deemed to extend to the Kutch area of the State of Gujarat but if there be any law corresponding to such enactment or provision in force in the said area, the reference to the enactment or provision as aforesaid shall include a reference to such corresponding law.].

Section 4 - Chief controlling authority in revenue matters

[36] [ (1) The chief controlling authority in all matters connected with the land revenue shall vest in the State Government.

(2) ??The State Government may, by notification in the Official Gazette, prescribe the territories in the State which shall form a division and may by a like notification alter the limits of the division so formed.]

Section 5 - Deleted

[Formation of divisions.] Deleted by Guj. 15 of 1964, s. 4, Schedule

Section 6 - [Deleted]

[Commissioner for each division.] Deleted by Guj. 15 of 1964, s. 4, Schedule

Section 6A - [Deleted]

[Appointment of Commissioners; their powers and duties.] Deleted by Guj. 15 of 1964, s. 4 Schedule.

Section 6B - [Deleted]

[Additional Commissioners] Deleted by Guj. 15 of 1964, s. 4, Schedule.

Section 6C - [Deleted]

[Assistant Commissioners.] Deleted by Guj. 15 of 1964, s. 4, Schedule.

Section 7 - Division to be divided into districts

Each division [37] [* * * * *] shall be divided into such [38]* * districts with such limits as may from time to time be prescribed by a duly published order of the [39] [ [40] [State] Government].

A district to consist of talukas comprising such mahals and villages as [41] [State] Government may direct

And each such district shall consists of such [42]* * talukas, and each taluka shall consist of such [43]* * mahals and villages, as may from time to time be prescribed in a duly published order of the [44] [ [45] [State] Government].

[46] [And each such mahal shall consist of such villages as may from time to time be prescribed by a duly published order of the State Government].

Section 7A - Power of State Government to alter limits of or, to amalgamate or constitute, villages

[48] [ The State Government may from time to time by a duly published order alter or add to the limits of any village or amalgamate two or more villages or constitute a new village.]

Section 8 - Collector of the district

The [49] [ [50] [State] Government] shall appoint in each district an officer who shall be the Collector [51] * * * and who [52] [* * * * * *] may exercise, throughout his district, all the powers and discharge all the duties conferred and imposed on a Collector or an Assistant or Deputy Collector by this Act, or any other law for the time being in force, and in all matters not specially provided for by law shall act according to the instructions of [53] [the [54] [State] Government].

Section 8A - Additional Collectors

[55] [ (1) The State Government may appoint in each district so many Additional Collectors as it may deem fit. [56] [* * * * * * *] The Additional Collector shall exercise such powers and discharge such duties as are exercised or discharged by the Collector in the district or a part of district under this Act or any other law for the time being in force as the State Government may direct.

(2) ??An Additional Collector appointed under sub-section (1) shall not be subordinate to the Collector except in such matters as the State Government may by a general or special order specify in this behalf.]

Section 9 - Assistant and Deputy Collector

The [57] [ [58] [State] Government] may appoint to each district so many Assistant Collectors, and so many Deputy Collectors as [59] [it] may deem expedient; the Assistants shall be called "First", "Second", "Supernumerary", etc. as may be expressed in the order of their appointment.

to be sub-ordinate to the Collector.

All such Assistant and Deputy Collectors and all other officers employed in the land revenue administration of the district shall be subordinate to the Collector.

Section 10 - Their duties and powers

Subject to the general orders of [60] [the [61] [State] Government], a Collector may place any of his assistants or deputies in charge of the revenue administration of one or more of the talukas in his district, or may himself retain charge thereof.

Any Assistant or Deputy Collector thus placed in charge shall, subject to the provisions of Chapter XIII [62]* * *, perform all the duties and exercise all the powers conferred upon a Collector [63]* * * by this Act or any other law at the time being in force, so far as regards the taluka or talukas in his charge:

Provided that the Collector may, whenever he may deem fit, direct any such Assistant or Deputy not to perform certain duties or exercise certain powers, and may reserve the same to himself or assign them to any other Assistant or, Deputy subordinate to him.

To such Assistant or Deputy Collector as it may not be possible or expedient to place in charge of talukas, the Collector shall, under the general orders of [64] [the [65] [State] Government], assign such particular duties and powers as he may from time to time see fit.

Section 11 - Collector of the district in case of temporary vacancy

If the Collector is disabled from performing has duties or for any reason vacates his office or leaves his district, or dies, his Assistant of highest rank present in the district shall, unless other provision has been made by [66] [ [67] [State] Government], succeed temporarily to his office, and shall be held to be the Collector [68]* * * * under this Act until the Collector resumes charge of his district or until the [69] [ [70] [State] Government], appoints a successor to the former Collector and such successor takes charge of his appointment.

An officer whose principal office is different from that of an Assistant Collector, and who is an Assistant Collector for special purposes only, shall not be deemed to be an Assistant for the purposes of this section.

Section 12 - The Mamlatdar; his appointment

The chief officer enlisted with the local revenue administration of a taluka shall be called a Mamlatdar. He shall be appointed by the [71] [ [72] [State] Government].

His duties and powers.

His duties and powers shall be such as may be expressly imposed or conferred upon him by this Act or by any other law for the time being in force, or as may be imposed upon, or delegated to him by the Collector under the general or special orders of [73] [the [74] [State] Government]. [75] * * *

Section 12A - Additional Mamlatdars

[76] [ (1) The State Government may appoint so many Additional Mamlatdars as it may deem fit. An Additional Mamlatdar shall exercise such powers and discharge such duties in a taluka or part of a taluka under this Act or any other law for the time being in force as the State Government may direct.

(2) ??An Additional Mamlatdar shall not be subordinate to the Mamlatdar in the taluka except in such matters as the State Government may by a general or special order specify in this behalf.]

Section 13 - The Mahalkari, his duties and powers

Whenever it may appear necessary to the [77] [ [78] [State] Government], the [79] [ [80] [State] Government] may 8[appoint to a taluka one or more Mahalkaris] and, subject to the orders of [81] [the [82] [State] Government] [83] [* * *] the Collector may 10[assign to a Mahalkari] within his local limits such of the duties and powers of a Mamlatdar as he may from time to time see fit, and may also from time to time direct whether the Mahalkari's immediate superior shall, for the purposes of section 203 [84]* * *, be deemed be the Mamlatdar or the Assistant or Deputy Collector, or the Collector in charge of the taluka.

[85] [When a defined portion of a taluka is placed in charge of a Mahalkari, such portion shall be called a mahal.]

Section 14 - Mamlatdar of Mahalkari may depute subordinates to perform certain of his duties

It shall be competent to a Mamlatdar or Mahalkari subject to such general orders as may from time to time be passed [86] [* * * *] by the Collector, to employ any of his subordinates to perform any portion of his ministerial duties: provided that all acts and orders of his subordinates when so employed shall be liable to revision and confirmation by such Mamlatdar or Mahalkari.

Section 15 - Mamlatdar or Mahalkari in case of temporary vacancy

If a Mamlatdar or Mahalkari is disabled from performing his duties or for any reason vacates his office, or leaves his taluka or mahal, or dies, such subordinates as may be designated by orders to be issued from time to time on this behalf by the Collector, shall succeed temporarily to the said Mamlatdar's or Mahalkari's office, and shall be held to be the Mamlatdar or Mahalkari under this Act until the Mamlatdar or Mahalkari resumes charge of his taluka or mahal, or until such time as a successor is duly appointed and takes charge of his appointment.

Section 16 - Appointment of village accountant and stipendiary patel

[88] [ Appointment of village accountant and stipendiary patel

[89] [(1)] It shall be lawful for the State Government to appoint a village accountant for a village or a group of villages. In villages where no hereditary patel exists, it shall be lawful for the State Government to appoint a stipendiary patel. The village accountant and the patel shall perform all the duties including the duties of village accountant or hereditary patel as hereinafter prescribed by this Act or any other law for the time being in force and shall hold their situations under the rules in force with regard to subordinate revenue officers.

Nothing in this section shall be held to affect any subsisting rights of holders of alienated villages or others in respect of the appointment of patels and village accountants in any alienated or other villages.]

Section 17 - Village Accountant to keep such records as he may be

Subject to the general orders of [91] [the [92] [State] Government] [93] [* * *] the Collector shall prescribe from time to time what registers, accounts, and other records shall be kept by the Village Accountant [94]* * * *

required to keep by the Collector and to prepare public writings.

It shall also be the duty of the Village Accountant to prepare, whenever called upon by the Patel of his village or by any superior Revenue or Police officer of the taluka or district to do so, all writings connected with the concerns of the village which are required either for the use of  [the Central or the Provincial Government] or the public, such as notices, reports of inquests, and depositions and examinations in criminal matters.

Section 18 - Survey Officers

For the purposes of Chapters VIII, [95] [VIII-A,] IX and X [96]* * *, the [97] [Provincial Government] may appoint such officers as may from time to time appear necessary. Such officers shall be designated 5[Settlement Commissioners] "Commissioner of Survey," Superintendent of Survey," "Survey Settlement Officers," [98] "[Settlement Officers]" and "Assistant," or otherwise as may seem requisite, and shall be subordinated the one to the other in such order as the [99] [Provincial Government] may direct.

their duties and powers.

Subject to the orders of the [100] [Provincial Government] the officers so appointed are vested with the cognisance of all matters connected with survey and settlement, and shall exercise all such powers and perform all such duties as may be prescribed by this or any other law for the time being in force.

Section 19 - Combination of offices

It shall be lawful for the [101] [Provincial Government] to appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise as may seem expedient.

Section 20 - Certain officers appointments to be notified

The appointment of all officers mentioned in sections 4 to 13 and 18 and 19 shall be duly notified.

Acting appointments.

Any officer appointed to act temporarily for any such officer shall exercise the same powers and perform the same duties as might be performed or exercised by the officer for whom he is so appointed to act.

Section 21 - [Omitted]

[Establishments.] Omitted by the Adaptation of Indian Lotus Order in Council.

Section 22 - Seals

The [102] [Provincial Government] shall from time to time by notification prescribe what revenue officers shall use a seal, and what size and description of seal shall be used by each of such officers.

Section 23 - [Omitted]

[Governor in Council to direct what officers shall furnish security, and to what amount]. [Omitted by the Adaptation of Indian Laws Order in Council.

Section 24 - [Omitted]

[Fresh or additional security.] Omitted by the Adaptation of Indian Laws Order in Council.

Section 25 - Demands for money, papers etc., to-be made known in writing to the person concerned

The Collector or the Superintendent of Survey or any other officer deputed by the Collector or Superintendent of Survey for this purpose shall, in all cases in which he may have a claim on any revenue officer or on any person formerly employed as such in his department or district for public money or papers or other [104] [property of the Crown], by writing under his official seal, if he use one, and signature, require the money, or the particular papers or property detained to be delivered either immediately to the person bearing the said writing, or to such person on such date and at such place as the writing may specify.

who may be arrested and confined in jail if he fail to produce them.

If the officer or other person aforesaid shall not discharge the money, or deliver up the papers or property as directed, he may cause him to be apprehended, and may send him with a warrant, in the form of Schedule C, to be confined in the civil jail till he discharges the sums or delivers up the papers or property demanded from him:

Provided that no person shall be kept in confinement for more, than a month.

Provided that no person shall be detained in confinement by virtue of any such warrant for a longer period than one calendar month.

Section 26 - Public moneys may also be recovered as arrears of revenue; and search warrant may be issued for recovery of papers or property

The Collector of his own motion, if the officer or other person is or was serving in his department and district, and upon the application of the Superintendent of Survey, if such officer or person is or was serving in the survey department in his district, may also take proceedings to recover any public moneys due by him in the same manner and subject to the same rules as are laid down in this Act for the recovery of arrears of land revenue from defaulters, and for the purposes of recovering public papers or other property [105] [of the Crown] may issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure.

Persons in possession of public moneys, etc., bound to give them up.

It shall be the duty of all persons in possession of such public moneys, papers or other property [106] [of the Crown] to make over the same forthwith to the Collector, and every person knowing where any such property is concealed shall be bound to give information of the same to the Collector.

Section 27 - Surety to be liable in the same manner as principal

The surety or sureties of such officer or other person as is aforesaid, [107] * * shall be liable to be proceeded against jointly and severally in the same manner as his or their principal is liable to be proceeded against, in case of default, and notwithstanding such principal may be so proceeded against:

Extent of liability.

Provided always that in any case of failure to discharge or make good any sum of money due to the [108][Government] or to produce any property of the [109] [Government] of ascertained value no greater sum than is sufficient to cover any loss or damage which the [110] [ [111] [State Government] may actually sustain by the default of the principal shall be recovered form the surety or sureties as the amount which may be due form such surety or sureties under the terms of the security bond executed by him or them:

Sureties act liable to imprisonment, if penalty be paid.

And provided also that the said surety or sureties shall in no case be liable to imprisonment in default of producing public papers or property, if he or they pay into the Government treasury the whole or such part of the penalty named in the bond as may be demanded.

Section 28 - An officer or surety in jail may, by furnishing certain security obtain his release

If an officer or other person as aforesaid or his surety or sureties against whom a demand is made, shall give sufficient security in the form of Schedule D the Collector shall cause such officer or surety if in custody to be liberated and Countermand the sale of any property that may have been attached, and restore it to the owner.

Section 29 - Liability of surety not affected by death of principal or by his taking a different appointment

The liability of the surety or sureties shall not be affected by the death of a principal, or by his appointment to a situation different from that which he held when the bond was executed, but shall continue so long as the principal occupies any situation in which security is required [112]* * * * and until his bond is cancelled.

Liability of heirs of deceased officer.

The heirs of a deceased officer shall be liable by suit in the Civil Court for any claims which the [113] [Government] may have against the deceased, in the same way as they would be for similar claims made by an individual.

Section 30 - How surety may withdraw from further liability

Any surety, whether under a separate or joint bond, may withdraw from his suretyship at any time on his stating, in writing, to the officer to whom the bond has been given, that he desires so to withdraw; and his responsibility under the bond shall cease after sixty days from the date on which he gives such writing as to all demands upon his principal concerning moneys, papers or other property for which his principal may become chargeable after the expiration of such period of sixty days, but shall not cease as to any demands for which his principal may have become liable before the expiration of such period, even though the facts establishing such liability may not be discovered till afterwards.

Section 37 - All public roads, etc., and all lands which are not the property of others, belong to the Govern-ment

[114] [Govern-ment]

[115] [ (1) All public roads, lanes and paths, the bridges, ditches, dikes, and fences, on, or beside, the same, the bed of the sea and of harbours and creeks below high water-mark, and of rivers, streams, nallas, lakes, and tanks, and all canals, and water-courses, and all standing and flowing water, and all lands wherever situated, which are not the property of individuals, or of aggregates of persons legally capable of holding property, and except in so far as any rights of such persons may be established, in or over the same, and except as may be otherwise provided in any law for the time being in force are and are hereby declared to be, with all rights, in or over the same, or appertaining thereto, the property of [116] [the [117] [Government], and it shall be lawful for the Collector subject to the orders of the [118] [State Government], to dispose of them in such manner as he may deem fit, or as may be authorized by general rules sanctioned by [119] [the Government concerned], subject always to the rights of way, and all other rights of the public or of individuals legally subsisting.

Explanation.--In this section "high-water-mark" means the highest point reached by ordinary spring-tides at any seasons of the year.

[120] [(2) Where any property or any right in or over any properties is claimed by or on behalf of [121] [the [122] [Government] or by any person as against [123] [the [124] [Government], it shall be lawful for the Collector or a survey officer, after formal inquiry of which due notice has been given, to pass an order deciding the claim.]

[125] [(3) Any suit instituted in any Civil Court after the expiration of one year from the date of any order passed [126]* * * under sub-section (1) or sub-section (2), or, if one or more appeals have been made against such order within the period of limitation, then from the date of any order passed by the final appellate authority, as determined according to section 204, shall be dismissed (although limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order, provided that in the case of an order under sub-section (2) the plaintiff has had due notice of such order.]

[127] [(4) Any person shall be deemed to have had due notice of an inquiry or order under this section if notice thereof has been given in accordance with rules made in this behalf by the [128] [ [129] [State Government].]

Section 37A - Extinction of rights of public and individuals in or over any public road lane or path not required for use of public

(1)     Whenever it appears to the [130] [State Government] that any public Toad, lane or path which is the property of [131] [the State Government or part thereof, is not required for the use of the public, the [132] [State Government] may, by a notification published in the [133] [Official Gazette], make a declaration to such effect, stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over any such road, lane or path, or part thereof, as the case may be, shall be extinguished. On the publication of such notification, the Collector shall, as soon as possible, cause public notice of such declaration to be given at convenient places on, or in the vicinity of, such road, lane or path, or part thereof, as the case may be. Such declaration and notice shall specify, as far as practicable the situation and limits of such road, lane or path, or part thereof, and shall invite objections to the aforesaid proposal.

(2)     Any member of the public or any person having any interest or right in addition to the right of public high way, in or over such road, lane or path, or part thereof, or having any other interest or right which is likely to be adversely affected by the proposal may, within ninety days after the issue of the notification under sub-section (1) state to the Collector in writing his objections to the proposal, the nature of such interest or right and the manner in which it is likely to be adversely affected, and the amount and particulars of his claim to compensation for such interest or right:

Provided that the collector may allow any person to make such a statement after the period of ninety days after the issue of the notification under subsection (1) if he is satisfied that such person had sufficient cause for not making it within the said period.

(3)     The Collector shall give every person who has made a statement to him under sub-section (2) an opportunity of being heard either in person or by pleader and shall, after hearing all such persons in such manner and after making such further inquiry, if any, as he thinks necessary, determine the amount of compensation, if any, which should, in his opinion, be given in any case in respect of any substantial loss or damage likely to be caused by the proposed extinction of the rights of the public as well as of individuals as aforesaid. The provisions of sections 9, 10, 11, 12, 13, 14 and 15 of the Land Acquisition Act, 1894 (I of 1894) , shall, so far as may be apply to the proceedings held by the Collector for the determination of the amount of compensation under this sub-section:

Provided that no compensation shall be awarded for the extinction or diminution of the right of public high way over such road, lane or path, or part thereof:

(4)     The Collector shall submit to the [134] [State Government] the record of the proceedings held by him with report containing his recommendations on the objections, if any, received by him and stating the amounts of compensation if any, which, in his opinion, are payable to any persons.

(5)     If the [135] [State Government] is satisfied after considering the record of the proceedings and the report, if any, made under sub-section (4), that the public road, lane, or path, or part thereof specified in the notification under sub-section (1) is not required for the use of the public, a declaration shall be published in the [136] [Official Gazette] that all rights of the public as well as of individuals in or over such road, lane or path, or part thereof are extinguished; and all such rights shall thereupon be extinguished, and such road, lane or path, or part thereof shall be at the disposal of [137] [the [138] [Govern-ment] with effect from the date of such declaration.

(6)     The decision of the Collector regarding the amount of compensation and the person to whom such compensation, if any, is payable, shall, subject to any modification made by the [139] [State Government], be final; and payments shall be made by the Collector to such persons accordingly.

Section 38 - Lands may be assigned for special purposes, and when assigned shall not be otherwise used without sanction of the Collector

Subject to the general orders of [140] [the [141] [State] Government], it shall be lawful for survey officers whilst survey operations are proceeding under Chapter VIII [142]* * *, and at any other time for the [143] [Collector] to set apart lands the [144] [property of [145] [the State Government] and not in the lawful occupation of any person or aggregate of persons, in unalienated villages or unalienated portions of villages, for free pasturage for the village cattle, for forest reserves, or for any other public or municipal purpose; and lands assigned specially for any such purpose, shall not be otherwise [146] [used] without the sanction of the [147] [Collector]; and in the disposal of land under section 37 due regard shall be had to all such special assignments.

Section 39 - Regulation of use of pasturage

The right of grazing on free pasturage-lands shall extend only to the cattle of the village or villages to which such lands belong or have been assigned, and shall be regulated by rules to be from time to time, either generally or in any particular instance, prescribed by the Collector with the sanction of the [148] [State Government]. The Collector's decision in any case of dispute as to the said right of grazing shall be conclusive.

Section 39A - Recovering value of natural products unauthorisedly removed from certain lands

[149] [ Any person who shall unauthorizedly remove from any land which is set apart for a special purpose or from any land which is the property of Government, any natural product shall be liable to the Government for the value thereof, which shall be recoverable from him as an arrear of land revenue. The decision of the Collector as to the value of any such natural product shall be conclusive.]

Section 40 - Concession of Government rights to trees in case of settlements completed before the passing of this Act

In villages, or portions of villages, of which the original survey settlement has been completed before the passing of this Act, the right of [150] [the [151] [Government] to all trees in unalienated land, except trees reserved by [152] [the [153] [Government] or by any survey officer, whether by express order made at, or about the time of such settlement, or under any rule, or general order in force at the time of such settlement, or by notification made and published at, or at any time after, such settlement, shall be deemed to have been conceited to the occupant. But in the case of settlement completed before the passing of [154]Bombay Act I of 1865 this provision shall not apply to teak, black-wood or sandal-wood trees. The right of [155] [the [156] [Government]] to such trees shall not be deemed to have been conceded, except by clear and express words to that effect.

Concession of [157] [Government] rights to trees in case of settlements completed after the passing of this Act.

In the case of villages or portions of villages of which the original survey settlement shall be completed after the passing of this Act, the right of [158] [the [159] [Govern-ment]] to all trees in unalienated land shall be deemed to be conceded to the occupant of such land except in so far as any such rights may be reserved by [160] [the [161] [Government]], or by any survey officer on behalf of [162] [the [163] [Government]], either expressly at or about the time of such settlement, or generally by notification made and published at any time previous to the completion of the survey settlement of the district in which such village or portion of a village is situate.

Concession of [164] [Government] rights to trees in case of land taken up after completion of settlement.

When permission to occupy land has been, or shall hereafter be, granted after the completion of the survey settlement of the village or portion of a village in which such land is situate, the said permission shall be deemed to include the concession of the right of [165] [the [166] [Government]] to all trees growing on that land which may not have been, or which shall not hereafter be, expressly reserved at the time of granting such permission, or which may not have been reserved, under any of the foregoing provisions of this section, at or about the time of the original survey settlement of the said village or portion of a village.

[167] [Explanation.--In the second paragraph of this section, the expression "In the case of villages or portions of villages of which the original survey settlement shall be completed after the passing of this Act" shall include cases where the work of the original survey settlement referred to therein was undertaken before the passing of this Act as well as cases where the work of an original survey settlement may be undertaken at any time after the passing of this Act.]

Section 41 - Trees and forests vesting in the Government

The right to all trees specially reserved under the provision of the last preceding section, and to all trees, brushwood, jungle, or other natural product growing on land set apart for forest reserves under section 32 of Bombay Act I of 18651 or section 38 of this Act, and to all trees, brushwood, jungle or other natural product, wherever growing, except in so far as the same may be the property of individuals or of aggregates of individuals capable of holding property, vests in [168] [the State Government]; and such trees, brushwood, jungle or other natural product shall be preserved or disposed of in such manner as [169] [the [170] [State] Government] may from time to time direct.

Section 42 - Road-side trees

[171] [All road-side trees which have been planted and reared by, or under the orders of, or at the expense of [172] [the [173] [Government]], and all trees which have been planted and reared at the expense of Local Funds by the side of any road, which vests in [174] [the [175] [Government]], vest in [176] [the [177] [Government]]. But in the event of such trees dying, or being blown down, or being cut down by order of the Collector, the timber shall become the property of the holder of the land in which they were growing; and the usufruct, including the loppings of such trees, shall also vest in the said holder; provided that the trees shall not be hipped except under the orders of the Collector.

Section 43 - Recovery of value of trees, etc., unauthorizedly appropriated

Any person who shall unauthorizedly fell and appropriate any tree or any portion thereof or remove [179] [from his holdings] any other natural product [180] [whether of the like description or not] which is the property of [181] [the [182] [Government]], shall be liable to [183] [the [184] [Government]] for the value thereof, which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under the provisions of this Act for the occupation of the land or otherwise; and notwithstanding any criminal proceedings which may be instituted against him in respect of his said appropriation of [185] [Government] property.

The decision of the Collector as to the value of any such tree, or portion thereof, or other natural product, shall be conclusive.

Section 44 - Regulation of supply of fire-wood and timber for domestic or other purposes

In villages or lands in which the rights of [186] [the [187] [Government]] to the trees have been reserved under section 40 subject to certain privileges of the villagers or of certain classes or persons to cut fire-wood or timber for domestic or other purposes, and in lands which have been set apart under section 38 for forest reserves subject to such privileges and in all other cases in which such privileges exist in respect of any alienated land, the exercise of the said privileges shall be regulated by rules to be from time to time, either generally or in any particular instance, prescribed by the Collector or by such other officer as [188] [the [189] [State] Government] may direct. In any case of dispute as to the mode or time of exercising any such privileges the decision of the Collector or of such other officer shall be conclusive.

Section 45 - All land liable to pay revenue unless specially exempted

All land, whether applied to agricultural or other purposes, and wherever situate, is liable to the payment of land revenue to [190] [the [191] [Government]] according to the rules hereinafter enacted except such as may be wholly exempted under the provisions of any special contract with [192] [the [193] [Government]] or any law for the time being in force.

And special exemption may in case of necessity be overruled for a time.

But nothing in this Act shall be deemed to affect the power of the Legislature to direct the levy of revenue on all lands under whatever title they may be held whenever and so long as the exigencies of the State may render such levy necessary.

Section 46 - Liability of alluvial lands to land revenue

All alluvial lands, newly-formed islands, or abandoned river-beds which vest, under any law for the time being in force in any holder of alienated land, shall be subject in respect of liability to the payment of land revenue to the same privileges, conditions, or restrictions as are applicable to the original holding in virtue of which such lands, islands, or river-beds so vest in the said holder, but no revenue shall be leviable in respect of any such lands, islands, or river-beds until or unless the area of the same exceeds half an acre and also exceeds one-tenth of the area of the said original holding.

Section 47 - Assessment of land revenue in cases of diluvion

Every holder of land paying revenue in respect thereof shall be entitled, subject to such rules as may be from time to time made in this behalf by the [194] [[195] [State Government], to a decrease of assessment if any portion thereof, not being less than half an acre in extent, [196] * * * is lost by diluvion.

Section 48 - Manner of assessment and alteration of assessment. Prohibition of use of land for certain purposes

[197] [ (1) The land revenue leviable on any land under the provisions of this Act shall be assessed, or shall be deemed to have been assessed, as the case may be with reference to the use of the land--

(a)      for the purpose of agriculture,

(b)      for the purpose of building, and

(c)      for a purpose other than agriculture or building.

(2)? ?Where land assessed for use for any purpose is used for any other purpose, the assessment fixed under the provisions of this Act upon such land shall, notwithstanding that the term for which such assessment may have been fixed has not expired, be liable to be altered and fixed at a different rate by such authority and subject to such rules as the [198] [ [199] [State] Government] may prescribed in this behalf.

(3)? ?Where land held free of assessment on condition of being used for any purpose is used at any time for any other purpose, it shall be liable to assessment.

(4)? ?The Collector or a survey officer may, subject to any rules made in this behalf under section 214, prohibit the use for certain purposes of any unalienated land liable to the payment of land revenue, and may summarily evict any holder who uses or attempts to use the same for any such prohibited purpose.

Section 49 - Commuted assessment of land indirectly taxed to the State

When it has been customary to levy any special or extra cess, fine, or tax, however designated, from any holder of land, which, though nominally wholly or partially exempt from the payment of land revenue, has by the exaction of such cess, fine, or tax been indirectly taxed to the State, And of land liable to occasional assessment.

or when any land ordinarily, or under certain circumstances, wholly or partially exempt from assessment, is subject occasionally, or under particular circumstances, to the payment of assessment, or of any cess or tax however designated, the said assessment, cess, fine, or tax may be commuted into an annual assessment on the land to be paid under all circumstances, but such commuted assessment shall not exceed such amount as the [200] [Collector] shall deem to be a fair equivalent of the assessment, cess, fine, or tax for which it is substituted and shall not be in excess of the assessment to which the land would be ordinarily subject, if no right to exemption existed in respect thereof.

Section 50 - Superior holder may recover commuted assessment from inferior holder

Whenever, any such cess, fine or tax hitherto payable by any inferior holder shall be made leviable from the superior holder, it shall be lawful for such superior holder to recover from such inferior holder the amount of the commuted assessment fixed in lieu of such cess, fine or tax.

Section 51 - Excess of assessment may be laid on, land inadequately assessed held with it

When it has been customary to levy a larger revenue under the name "veta" or any other designation, upon any portion of land than such portion would ordinarily be liable to in consideration of other land being held with it which is wholly or partially exempt from payment of revenue, the excess of revenue payable on the said portion of land may be charged upon the land hitherto held wholly or partially exempt.

Section 52 - Assessment by whom to be fixed

[201] [[202] Assessment by whom to be fixed

[203] [(1)] On all lands which are not wholly exempt from the payment of land revenue, [204] [and] on which the assessment has not be fixed under the provisions of [205] [Chapter VIII-A,] the assessment of the amount to be paid as land revenue shall, subject to rules [206]* * made in this behalf under section 214, be fixed at the discretion of the Collector, for such period [207] [not exceeding ninety-nine years] as he may, [208] * * * * be authorised to prescribe, and the amounts due according to such assessment shall be levied on all such lands:

Provided that in the case of lands partially exempt from land revenue, or the liability of which to payment of land revenue is subject to special conditions or restrictions, respect shall be had in the fixing of the assessment and the levy of the revenue to all rights legally subsisting, according to the nature of the said rights: [209]]

[210] [Provided further that where any land which was wholly or partially exempt from payment of land revenue has ceased to be so exempt, it shall be lawful for the Collector to fix the assessment of the amount to be paid as land revenue on such land with effect from the date on which such land ceased to be so exempt or any subsequent date as he may deem fit.]

[211]* * *

[212] [(2) After the expiry of the period for which the assessment of any land is fixed under sub-section (2), the Collector may from time to time, revise the same in accordance with the rules made in this behalf by the [213] [State] Government. The assessment so revised shall be fixed each time for such period not exceeding ninetynine years as the [214] [State] Government may, by general or special order, specify.]

[215] [Provided that where any land has been assessed for a purpose other than agriculture but the assessment of the amount to be paid as land revenue on such land has been fixed without fixing a period therefor, it shall be lawful for the Collector to revise the assessment of such land under this sub-section at any time after the expiry of a period of ten years from the date on which the assessment of the amount was so fixed and for calculating the aforesaid period of ten years, the period elapsed before the commencement of the Bombay Land Revenue (Extension to Kutch Area and Amendment) Act, 1965(Guj. 35 of 1965) may be taken into account.]

Section 53 - Register of alienated lands

A Register shall be kept by the Collector in such form as may from time to time be prescribed by the [216] [[217] [State] Government] of all lands, the alienation of which has been established or recognised under the provisions of any law for the time being in force; and when it shall be shown to the satisfaction of the Collector that any sanad granted in relation to any such alienated lands has been permanently lost or destroyed, he may, subject to the rules and the payment of the fees prescribed by the [218] [ [219] [State] Government] under section 213, grant to any person whom he may deem entitled to the same a certified extract from the said Register, which shall be endorsed by the Collector to the effect that it has been issued in lieu of the sanad said to have been lost or destroyed, and shall be deemed to be as valid a proof of title as the said sanad.

Section 54 - Settlement of assessment to be made with the holder directly from State Government

Settlement of assessment to be made with the holder directly from [220] [State] Government

The settlement of the assessment of each portion of land, or survey number, to the land revenue, shall be made with the person who, under section 136, is primarily responsible to [221] [the [222] [State] Government] for the same.

Section 55 - Rates for the use of water

The [224] [ [225] [State] Government] may authorize the Collector or the officer in charge of a survey or such other officer as [226] [it] deems fit to fix such rates as [227] [it] may from time to time deem fit to sanction, for the use, by landholders and other persons, of water, the right to which vests in [228] [the [229] [Government], [230] [and in respect of which no rate is leviable under the Bombay Irrigation Act, 1879](Bom. VII of 1879). Such rates shall be liable to revision at such periods as [231] [the [232] [State] Government] shall from time to time determine, and shall be recoverable as land revenue.

Section 56 - Land revenue to be a paramount charge on the land

Arrears of land revenue due on account of land by any land holder shall be a paramount charge on the holding and every part thereof, failure in payment of which shall make the occupancy or alienated holding together with all rights of the occupant or holder over all trees, crops, buildings and things attached to the land or permanently fastened to anything attached to the land, liable to forfeiture, whereupon the Collector may levy all sums in arrears by sale of the occupancy or alienated holding, [233] * * * or may otherwise dispose of such occupancy or alienated holding under rules [234]* * made in this behalf under section 214, [235] [and such occupancy or alienated holding when disposed of, whether by sale as aforesaid, or by restoration to the defaulter, or by transfer to another person or otherwise how so ever, shall, unless the Collector otherwise directs, be deemed to be freed from all tenures, rights, incumbrances and equities theretofore created in favour of any person other than [236] [the [237] [Government] in respect of such occupancy or holding].

Section 57 - Forfeited holdings may be taken possession of and otherwise disposed

It shall be lawful for the Collector in the event of the forfeiture of a holding through any default in payment or other failure occasioning such forfeiture under the last section or any law for the time being in force, to take immediate possession of [238]* * * such holding, and to dispose of the same by placing it in the possession of the purchaser or other person entitled to hold it according to the provisions of this Act or any other law for the time being in force.

Section 58 - Receipts

[239] [ (1) Every revenue officer and every hereditary patel and every [240] [village accountant] receiving payment of land revenue [241] [shall, at the time when such payment is received by him, give] a written receipt for the same.

(2)? ?Every superior holder of an alienated village or of an alienated share of a village who is entitled to recover direct from an inferior holder any sum due on account of rent or land revenue [242] [shall, at the time when such sum is received by him, give] to such inferior holder a written receipt for the same.

(3)? ?Every hereditary patel and [243] [accountant] who receives, in behalf of a superior holder of an alienated village or of an alienated share of a village, any rent or land revenue from an inferior holder [244] [shall, at the time when such rent or land revenue is received by him, give] to such inferior holder a written receipt for the same. Such receipts shall be a full discharge to such inferior holder for such rent or land revenue as against such superior holder. A copy of such receipts shall in every case, be sent to the superior holder by such patel or accountant.]

Section 59 - Penalty for failure to grant receipts

Any person convicted of a breach of the provisions of the last preceding section after summary inquiry before the Collector shall be liable to a fine not exceeding three times the amount received for which a receipt was not duly granted [245] [or Rs. 100] and one-half of the fine may, at the discretion of the Collector, be paid to the informer, if any. Such inquiry may at any time be instituted by the Collector of his own motion without any complaint being preferred to him.

Section 60 - Written permission of Mamlatdar or Mahalkari required previous to taking up unoccupied land

??????????????????? [246] [OF THE GRANT, USE AND RELINQUISHMENT OF UNALIENATED LAND.]

Any person desirous of taking up unoccupied land which has not been alienated must, previously to entering upon occupation obtain the permission in writing of the Mamlatdar or Mahalkari.

Section 61 - Penalties for unauthorized occupation of land

[247] [Any person who shall unauthorizedly enter upon occupation of any land set apart for any special purpose, or any unoccupied land which has not been alienated, and any person who uses or occupies any such land to the use or occupation of which by reason of any of the provisions of this Act he is not entitled or has ceased to be entitled shall,]

if the land which he unauthorizedly occupies forms part of an assessed survey number, pay the assessment of the entire number for the whole period of his [248] [unauthorized] occupation, and

if the land so occupied by him has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land [249] [used for] the same purpose;

and shall also be liable, at the discretion of the Collector, to a fine not exceeding five rupees, or a sum equal to ten times the amount of assessment payable by him for one year, if such sum be in excess of five rupees, if he has taken up the land for purposes of cultivation, and not exceeding such limit as may be fixed in rules [250]* *made in this behalf under section 214, if he has [251] [used it for] any non-agricultural purpose.

The Collector's decision as to the amount of assessment payable for the land unauthorizedly occupied shall be conclusive, and in determining its amount occupation for [252] [a portion] of a year shall be counted as for a whole year.

The person unauthorizedly occupying any such land may be summarily evicted by the Collector, and any crop [253]* * * raised in the land shall be liable to forfeiture, and any building, or other construction [254]* * * entered thereon shall also, if not removed by him after such written notice as the Collector may deem reasonable, be liable to forfeiture, [255] [or to summary removal.]

Forfeitures under this section shall be adjudged by the Collector, and any property so forfeited shall be disposed of as the Collector may direct [256] [and the cost of the removal of any encroachment under this section shall be recoverable as an arrear of land-revenue].

Section 62 - Unoccupied land may be granted on conditions

[257] [ It shall be lawful for the Collector subject to such rules as may from time to time be made by the [258] [ [259] [State] Government] in this behalf, to require the payment of a price for unalienated land or to sell the same by auction, and to annex such conditions to the grant as he may deem fit, before permission to occupy is given under section 60. The price (if any) paid for such land shall include the price of the [260] [Government] right to all trees not specially reserved under the provisions of section 40 and shall be recoverable as an arrear of land revenue.]

Section 63 - Grant of alluvial land vesting in the [Government]

[261] [ When it appears to the Collector that any alluvial and, which vests under any law for the time being in force in [262] [the State Government], may with due regard to the interests of the public revenue be disposed of, he shall offer the same to the occupant (if any) of the bank or shore on which such alluvial land has formed.

The price of the land so offered shall not exceed three times the annual assessment thereof.

If the said occupant shall refuse the offer, the Collector may dispose of the land without any restrictions as to the price to be asked.

For the purpose of this section, notwithstanding anything contained in section 3 if the bank or shore has been mortgaged with possession, the mortgagor shall be deemed to be the occupant thereof.]

Section 64 - Temporary right to alluvial lands of small extent

When alluvial land forms on any bank or shore, the occupant, if any, of such bank or shore shall be entitled to the temporary use [263]* * thereof unless or until the area of the same exceeds [264] [one] acre [265]* * * * When the area of the alluvial land exceeds the said extent, it shall be at the disposal of the Collector subject to the provisions of the last preceding section.

Section 65 - Uses to which occupant of land for purposes of agriculture may put his land

An occupant of land [267] [assessed or held for the purpose of agriculture] is entitled by himself, his servants, tenants, agents, or other legal representatives, to erect farm-buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land, or its more convenient [268] [use for the purpose aforesaid].

Procedure if occupant wishes to apply his land to any other purpose.

But, if any occupant [269] [wishes to use his holding or any part thereof for any other purpose] the Collector's permission shall in the first place be applied for by the 8* occupant.

[270] [The Collector, on receipt of such application,

(a)      shall send to the applicant a written acknowledgment of its receipt, and

(b)      may, after due inquiry, either grant or refuse the permission applied for:

Provided that, where the Collector fails to inform the applicant of his decision on the application within a period of three months, the permission applied for shall be deemed to have been granted; such period shall, if the Collector sends a written acknowledgment within seven days from the date of receipt of the application, be reckoned from the date of the acknowledgment, but in any other case it shall be reckoned from the date of receipt of the application.]

Unless the Collector shall in particular instances otherwise direct, no such application shall be recognized except it be made by the [271]* occupant.

Fine to be levied for such use in addition to special assessment.

When any such land is thus [272] [permitted to be used for any purpose unconnected with agriculture] it shall be lawful for the Collector, subject to the general order of [273] [the [274] [State] Government], to require the payment of a fire in addition to any new assessment which may be leviable under the provisions of section 48.

Section 66 - Penalty for so using land without permission

If any such land be so [275] [used] without the permission of the Collector being first obtained, or before the expiry of [276] [the period prescribed by section 65], the occupant and any tenant, or other person holding under or through him, shall be liable to be summarily evicted by the Collector from the land so [277] [used] and from the entire field or survey number of which it may form a part, and the [278]*occupant shall also be liable to pay, in addition to the new assessment which may be leviable under the provisions of section 48 for the period during which the said land has been so [279] [used], such fine as the Collector may, subject to the general orders of [280] [the Provincial Government], direct.

Tenant responsible to occupant in damages.

Any [281]* * * tenant of any occupant or any other person holding under or through an occupant, who shall without the [282]* occupant's consent  [use any such land for] any such purpose, and thereby render the said [283]* occupant liable to the penalties aforesaid, shall be responsible to the said [284]* occupant in damages.

Section 67 - Permission may be granted on terms

Nothing in the last two preceding sections shall prevent the granting of the permission aforesaid [285]* * * on such terms [286] [or conditions] as may be prescribed by the Collector, subject to any rules made in this behalf by the [287] [Provincial Government].

Section 68 - Occupant's rights are conditional

An occupant is entitled to the use and occupation of his land for the period, if any, to which his [288] [tenure] is limited, or if the period is unlimited, or a survey settlement has been extended to the land, in perpetuity conditionally on the payment of the amounts due on account of the land revenue for the same, according to the provisions of this Act, or of any rules made under this Act, or of any other law, for the time being in force, and on the fulfillment of any other terms [289] [or conditions] lawfully annexed to his [290] [tenure]:

Proviso.

[291] [Provided that nothing in this or any other section shall make it, or shall be deemed ever to have made it, unlawful for the Collector at any time to grant permission to any person to occupy any unalienated unoccupied land, for such period and on such conditions as he may, subject to [292] [rules made by the [293] [Provincial Government] in this behalf], prescribe, and in any such case the occupancy shall, whether a survey settlement has been extended to the land or not, be held only for the period and subject to the conditions so prescribed.]

Section 69 - Reservation of right of the Crown to mines and mineral products

The right of [294] [the Crown] to mines and mineral products in all unalienated land is and is hereby declared to be expressly reserved:

Proviso.

Provided that nothing in this section shall be deemed to affect any subsisting rights of any occupant of such land in respect of such mines or mineral products.

Section 70 - Occupancy when not liable to process of Civil Court; the Court to give effect to Collector's certificate

[295]* * * * In any case where [296] [an occupancy] is not transferable without the previous sanction of the Collector, and such sanction has not been granted to [297] [a transfer] which has been made or [298] [ordered by Civil Court] or on Which the Court's decree or order is founded,

(a)      such occupancy [299]* * shall not be liable to the process of any Court, and such transfer shall be null and void, and

(b)      the Court, on receipt of a certificate under the hand and seal of the Collector, to the effect that any such occupancy [300]* * is not transferable without his previous sanction and that such sanction has not been granted, shall remove any attachment or other process placed on or set aside any sale of, or affecting, such occupancy [301]* * *

Section 71 - [Repealed]

[Name of heir to be registered when registered occupant dies.] Repealed by Bombay IV of 1913, s. 29,

Section 72 - Intestate occupancy or holding to be sold

If an occupant who is either a Hindu, a Mahomedan, or a Buddhist dies intestate and without known heirs, the Collector shall dispose of his occupancy by sale, subject to the provisions of this Act or of any other law at the time in force for the sale of forfeited occupancies in realization of the land revenue, and the law at the time in force concerning property left by Hindus, Mahomedans or Buddhists, dying intestate and without known heirs shall not be deemed to apply to the said occupancy but only to the proceeds of such sale after deducting all arrears of land revenue due by the deceased to [302] [the Crown] and all expenses of the said sale.

Scheme 73 - Occupancy to be transferable and heritable

[303] [ Occupancy to be transferable and heritable

[304] [An occupancy] shall, subject to the provisions contained in section 56, and to any conditions lawfully annexed to the [305] [tenure], and save as otherwise prescribed by law, be deemed an heritable and transferable property].

Section 73A - Power to restrict right of transfer

[306] [ Power to restrict right of transfer

(1)     Notwithstanding anything in the foregoing section, in any tract or village to which [307] [the [308] [State] Government] may, by notification published before the introduction therein of an original survey settlement under section 109, declare the provisions of this section applicable, [309] [occupancies] shall not after the date of such notification be transferable without the previous sanction of the Collector.

(2)     [310] [The [311] [State] Government] may, by notification in the [312] [Official Gazette], from time to time exempt any part of such tract or village or any person or class of persons from the operation of this section.]

Section 73B - Payment of premium for sanctioning transfer or partition of occupancy

[313] [Where any occupancy, by virtue of any conditions annexed to the tenure by or under this Act, is not transferable or partible without the previous sanction of the State Government, the Collector or any other officer authorised by the State Government, such sanction shall not be given except on payment to the State Government of such sum as the State Government may by general or special order determine].

Section 74 - Relinquishment

[314] [ The occupant may relinquish his land, that is, resign it in favour of [315] [the [316] [Government], but subject to any rights, tenures, incumbrances or equities lawfully subsisting in favour of any person (other than [317] [the [318] [Government] or the occupant) by giving notice in writing to the Mamlatdar or Mahalkari before the 31st March in any year or before such other date as may from time to be prescribed in this behalf by the [319] [ [320] [State] Government], and such relinquishment shall have effect from the close of the current year:

Provided that no portion of land which is less in extent than a whole survey number or sub-division of a survey number may be relinquished].

Section 75 - [Repealed]

[Relinquishment of lands paying lump--assessment] Repealed by Bombay IV of 1913, s. 33 (1).

Section 76 - Relinquishment of land described in paragraph 1 of section 49

The provisions of [321] [the last section] shall apply as far as may be, to the holders of alienated land: Provided that,

(a)      it shall not be lawful to relinquish as aforesaid, any portion of any land held wholly or partially exempt under the circumstances described in the first paragraph of section 49 until the commuted assessment payable in respect of such portion of land has been determined under the provisions of the said section; and that

Relinquishment of land described in Motion 51.

(b)      if any person relinquish land on which, under the circumstances described in section 51, a larger revenue is levied than would ordinarily be leviable on such land, he shall be deemed to have relinquished also the land held with it which is wholly or partially exempted from payment of revenue.

Section 77 - Right of way to relinquish land

If any person relinquishes land, the way to which lies through other land which he retains, the right of way through the land so retained shall continue to the future holder of the land relinquished.

Section 78 - Saving of operation of section 74 in certain cases

Nothing in [322] [section 74] shall affect--

[324]*the validity of the terms or conditions of any lease or other express instrument under which land is, or may hereafter be, held from [325] [the [326] [Government].

Section 79 - [Repealed]

[Occupant to continue liable for demands until occupancy relinquished.] Repealed by Bombay IV of 1913, a. 35.

Section 79A - Summary eviction of person un-authorizedly occupying land

[327] [ Any person unauthorizedly occupying, or wrongfully in possession of, any land

[328] [(a) to the use or occupation of which by reason of any of the provisions of this Act he is not entitled or has ceased to be entitled, or]

(b) [329] [which] is not transferable without previous sanction under section 73A or by virtue of any condition lawfully [330] [annexed to the tenure] under the provisions of section 62, 67 or 68, may be summarily evicted by the Collector].

Section 80 - To prevent forfeiture of occupancy certain persons other than the occupant may pay the land revenue

In order to prevent the forfeiture of an occupancy under the provisions of section 56 or of any other law for the time being in force, [331] [through non-payment of the land revenue due on account thereof by the person primarily liable for payment of it, shall be lawful for any person interested to pay on behalf of such person] all sums due on account of land revenue and [332] [the Collector shall on due tender thereof] receive the same. And in any such case the Collector may [333] [under section 86] give to the person who has paid the land revenue as aforesaid [334] [aid for the recovery of any portion of such land revenue] which he may consider to be properly payable by other persons 5* * *.

Collector may assist such persons in recovering the revenue from other liable therefor.

Proviso.

Provided that nothing authorized or done under the provisions of this section shall affect the rights of the parties interested as the same may be established in any suit between such parties in a Court of competent jurisdiction.

Section 81 - [Repealed]

[When Collector may make co-occupant the registered occupant, instead of selling occupancy to realize land revenue.] Repealed by Bom. IV of 1913, s. 38.

Section 82 - State Government empowered to suspend operation of section 60 or 74

[335] [State] Government empowered to suspend operation of section 60 or 74

It shall be lawful for the [336] [ [337] [State] Government] by notification in the [338] [Official Gazette] from time to time;

(a)      to suspend the operation of section 60 or 74 or of both, within any prescribed local area, either generally, or in respect of cultivators or occupant of a particular class or classes, and

(b)      to cancel any such notification.

During the period for which any notification under the above clause (a) is in force within any local area, such rules shall be substituted for the provisions of which the operation is suspended as the [339] [State Government] shall from time to time direct.

Section 83 - Amount of rent payable by tenant

A person placed, as tenant, in possession of land by another, or, in that capacity, holding, taking, or retaining possession of land permissively from or by sufferance of another shall be regarded as holding the same at the rent, or for the services agreed upon between them; or in the absence of satisfactory evidence of such agreement at the rent payable or services renderable by the usage of the locality, or, if there be no such agreement or usage, shall be presumed to hold at such rent as, having regard to all the circumstances of the case, shall be just and reasonable.

Duration of tenancy.

And where by reason of the antiquity of a tenancy, no satisfactory evidence of its commencement is forthcoming, and there is not any such evidence of the period of its intended duration, if any, agreed upon between the landlord and tenant, or those under whom they respectively claim title or any usage of the locality as to duration of such tenancy, it shall, as against the immediate landlord of the tenant, be presumed to be co-extensive with the duration of the tenure of such landlord and of those who derive title under him.

Presumption as to tenure.

And where there is no satisfactory evidence of the capacity in which a person in possession of land in respect of which he renders service or pays rent to the landlord received, holds or retains possession of the same, it shall be presumed that he is in possession as tenant.

Saving clause.

Nothing contained in this section shall affect the right of the landlord (if he have the same either by virtue of agreement usage, or otherwise), to enhance the rent payable or services renderable by the tenant, or to evict the tenant for non-payment of the rent or non-rendition of the services, either respectively originally fixed or duly enhanced as aforesaid.

Section 84 - Annual tenancy terminates on the 31st March

An annual tenancy shall in the absence of proof of the contrary be presumed to run from the end of one cultivating season to the end of the next. The cultivating season may be presumed to end on the 31st March.

Three months' notice of termination of tenancy to be given by landlord to tenant, or vice versa.

An annual tenancy shall [340] [in the absence of any special agreement in writing to the contrary] require for its termination a notice given in writing by the landlord to the tenant, or by the tenant to the landlord, at least three months before the end of the year of tenancy at the end of which it is intimated that the tenancy is to cease. Such notice may be in the form of Schedule E, or to the like effect.

Section 84IA - Section 83 and 84 not to apply to certain tenancies

[341] [ Section 83 and 84 not to apply to certain tenancies

The provisions of sections 83 and 84 shall cease to apply to tenancies to which the provisions of the Bombay Tenancy and Agricultural Lands Act, [342] [1948 (Bom. LXVII of 1948), or as the case may be, of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, apply,]

Section 84A - Order granting suspensions or remission to inferior holders

[343] [ Order granting suspensions or remission to inferior holders

(1)     Whenever from any cause the payment of the whole or any part of the land revenue payable to [344] [the [345] [State] Government] by a superior holder in respect of any land is suspended or remitted, the Collector, acting under general or special orders of [346] [the [347] [State] Government], may suspend or remit as the case may be, the payment to such superior holder of the rent or land revenue of such land by the inferior holder or holders to an amount which?

(a)      in the case of land in respect of which full assessment is payable to [348] [the [349] [ State] Government], shall not exceed double the amount of the land revenue of which the payment by such superior holder has been suspended or remitted by [350] [the [351] [State] Government], and

(b)      in the case of land in respect of which land revenue less than the full assessment is payable to [352] [the [353] [State] Government], shall not exceed double the amount which, in the opinion of the Collector, would have been suspended or remitted by [354] [the [355] [State] Government] in favour of the superior holder if the full assessment had been payable to [356] [the [357] [State] Government] in respect of such land.

(2)     In the case of land in respect of which no land revenue is payable to [358] [the [359] [State] Government] by a superior holder, whenever from any cause the payment of the whole or any part of the land revenue payable to [360] [the [361] [State] Government], in respect of any other land in the same neighbourhood has been suspended or remitted, the Collector acting under the general or special orders of [362] [the [363] [State] Government], ma suspend or remit, as the case may be, payment to such superior holder of the rent or land revenue of the first-mentioned land by the inferior holder or holders to an amount which shall not exceed double the amount which, in the opinion of the Collector, would have been suspended or remitted by [364] [the [365] [State] Government] in favour of the superior holder if the full assessment had been payable to [366] [the [367] [State] Government] in respect of such land.

Such order not to be questioned in any Court

(3)     An order passed under sub-section (1) or under sub-section (2) shall not be questioned in any Court.

Consequences following on such order.

(4)     If the superior holder collects any rent or land revenue of which the payment has been remitted, or before the expiration of the period of suspension collects any rent or land revenue of which the payment has been suspended in favour of an inferior holder or holders, the whole of the land revenue remitted or suspended in favour of such superior holder shall, without prejudice to the rights of the inferior holder or holders to recover the rent or land revenue so collected, become immediately payable by the superior holder.

(5)     No application for assistance under sections 86 and 87 shall be entertained, no suit shall lie, and no decree of a Civil Court shall be executed, for the recovery by a superior holder of any rent or land revenue of which the payment has been, remitted, or, during the period of suspension, of any rent or land revenue of which the payment has been suspended in favour of an inferior holder or holders; but, where the payment of rent or land revenue by an inferior holder or holders has been suspended, the period during which the suspension has continued shall be excluded from the period of limitation prescribed for a suit for the recovery of such rent or land revenue.

Crop-share fixed by custom or agreement.

(6)     Nothing in this section shall make it unlawful for the superior holder to take the crop-share fixed by custom or agreement in respect of any land on which rent is payable in whole or in part in the form of a share of the crop.

Meaning of assessment.

(7)     Explanation--In respect of land which has not been assessed under the provisions of [368] [this Act] the term assessment, for the purposes of this section, includes the rent in land revenue payable by custom or by the usage of the locality.

Section 85 - Recovery of superior holders' dues

[370] [ (1) Every superior holder of an alienated village or of an alienated share of a village, in which there are a hereditary patel and a [371] [village accountant] shall receive his dues on account of rent or land revenue, from the inferior holders through such patel and accountant.

(2)? ?Where such patel and accountant fail to recover in behalf of such superior holder any sum due and payable to him on account of rent or land revenue, such superior holder shall, with the previous consent of the Collector, be entitled to recover his dues direct from the inferior holders.

(3)? ?Where any such patel or accountant has recovered any sum in behalf of such superior holder and fails to account to him for the same, the Collector shall, on written application from the superior holder, recover such sum from such patel or accountant as an arrear of land revenue.

(4) ??Where any such superior holder demands or receives any rent or land revenue from any inferior holder otherwise than through such patel or accountant, he shall, on conviction in a summary inquiry before the Collector, be liable to a fine not exceeding three times the amount of the sum so demanded or received.]

Section 86 - Superior holders entitled to a assistance in recovery of dues from inferior holders, etc.

Superior holders shall, upon written application to the Collector, be entitled to assistance, by the use of precautionary and other measures, for the recovery of rent or land revenue payable to them by inferior holders, or by co-sharers in their holdings under the same rules, except that contained in section 137, and in the same manner as prescribed in Chapter XI [372]* * * for the realization of land revenue by [373] [the [374] [State] Government]:

But application must be made within the revenue year or with in the year of tenancy.

[375] [Provided that such application shall be made before the expiry of the year immediately succeeding the revenue year or the year of the tenancy in which the said rent or land revenue became payable.]

Section 87 - The Collector how to proceed on such application being made

[376] [(1) On application being made under section 86 to the Collector, he shall cause a written notice thereof to be served on the inferior holder or co-sharer fixing a day for inquiry into the case.

[377] [(2)] On the day so fixed he shall hold a summary inquiry, and shall pass an order for rendering assistance to the superior holder for the recovery of such amount, if any, of rent or land revenue as appears to him upon the evidence before him to be lawfully due.

Assistance may be refused or granted to a limited extent only.

[378] [(3)] But, if appears to the Collector that the question at issue between the parties is of a complicated or difficult nature, he may in his discretion either refuse the assistance asked for, or, if the land to which the dispute relates, has been assessed under the provisions [379] [of this Act] grant assistance to the extent only for the assessment so fixed upon the said land.

Civil suit not to be barred.

[380] [(4)] Nothing in this section shall prevent either party from having recourse to the Civil Courts to recover from the other such amount as he may deem to be still due to him, or to have been levied from him in excess of what was due, as the case may be.

[381] [(5) One appeal only shall lie from any order passed under this section.]

Section 88 - [Repealed]

[Commissioner may, by commissions, confer certain powers on holders of alienated lands.] Repealed by Bom. XXIX of 1939, s. 30.

Section 89 - [Repealed]

[form of such commission.] Repealed by Bom. XXIX of 1939, s. 30.

Section 90 - [Repealed]

[Reference must be made by holder of commission to the Collector in certain cases.] Repealed by Bom. XXIX of 1939, s. 30.

Section 91 - [Repealed]

[When compulsory process shall cease.] Repealed by Bom. XXIX of 1939, s. 30.

Section 92 - [Repealed]

[Power under commission to extend to current and previous year's arrears.] Repealed by Bom. XXIX of 1939, s. 30.

Section 93 - [Repealed]

[Holder of commission not to enforce any unusual or excessive demand.] Repealed by Bom. XXIX of 1939, s. 30.

Section 94 - Repealed

[But holder of commission may establish his right to enhanced rent in Civil Court.] Repealed by Bom. XXIX of 1939, s. 30.

Section 94A - Recovery as revenue' demand of dues of certain superior holders for specified period

[382] [ Recovery as revenue' demand of dues of certain superior holders for specified period

(1)     The superior holder of an alienated village or of an alienated share of a village, in which there are a hereditary patel and a [383] [village accountant] and to which a survey settlement has been extended under section 216, may by application in writing to the Assistant or Deputy Collector in charge of the taluka request that the rent or land revenue due to such superior holder may during a period named in the application be recovered as a revenue demand.

(2)     The Collector may in his discretion sanction the application for a period not exceeding that named by the applicant, and in such case the following provisions shall apply:--

(a)      Any rent or land revenue that accrues or has accrued due to the superior holder during the sanctioned period or a period of six years previous thereto shall, to an extent not exceeding the assessment fixed on the land, be recoverable under the orders of the revenue authorities as a revenue demand during the sanctioned period.

(b)      Where any proportion of the land revenue that accrues or has accrued due to [384] [the [385] [State] Government] in respect of unalienated land in the same neighbourhood during the said sanctioned or previous period has been suspended or remitted by proper authority, the Collector may suspend or remit an equal or lesser proportion of the rent or land revenue that accrues or has accrued due to the superior holder during the corresponding period. Any such suspension or remission shall, notwithstanding anything in the [386]Bombay Revenue Jurisdiction Act, 1876(X of 1876), be binding upon the superior holder in any subsequent proceedings in any Civil Court between the superior and inferior holders or their legal representatives, and any proceedings pending at the date of such suspension or remission shall abate to the extent of any claim that may be inconsistent therewith; and no Civil Court shall entertain any suit against [387] [the [388] [Government]] in respect of any such suspension or remission.

(c)      Where any such suspension or remission has been granted to an inferior holder, the land revenue (if any) payable by the superior holder shall be suspended or remitted, as the case may be, to a proportionate extent.

(d)      The balance of any sum recovered under clause (a) shall be paid to the superior holder after deduction of the costs, if any, of recovery and of any sum lawfully chargeable upon the sum recovered.]

Section 95 - Revenue survey may be introduced by State Government into any part of Presidency

?????? [389] [OF SURVEYS, ASSESSMENTS AND SETTLEMENTS OF LAND REVENUE.]

Revenue survey may be introduced by [390] [State] Government into any part of Presidency

It shall be lawful for the [391] [[392] [State] Government], whenever it may seem expedient, to direct the survey of any land in any part of the [393] [area to which this Act extends], with a view to the settlement of the land revenue, and to the record and preservation of rights connected therewith, or for any other similar purpose and such survey shall be called a revenue survey. Such survey may extend to the lands of any village, town, or city, generally, or to such land only as the [394] [[395] [State] Government] may direct; and subject to the orders of the [396] [[397] [State] Government] it shall be lawful for the officers conducting any such survey to except from the survey settlement any land to which it may not seem expedient that such settlement should be applied.

The control of every such revenue survey shall vest in and be exercised by the [398] [[399] [State] Government].

Section 96 - Control of revenue survey. Survey Officer may require by general notice or by summons, suitable service from holders of land, etc.

It shall be lawful for the survey officer deputed to conduct or take part in any such survey, to require by general notice or by summons, the attendance of holders of lands and of all persons interested therein, in person, or by legally constituted agent duly instructed and able to answer all material questions, and the presence of taluka and village officers, who in their several stations and capacities are legally, or by usage, bound to perform service in virtue of their respective offices and to require from them such assistance in the operations of the survey and such service in connection therewith, as may not be inconsistent with the position of the individual so called on.

Section 97 - Assistance to be given by holders and others in the measurement or classification of lands

It shall be lawful for the survey officer to call upon all holders of land and other persons interested therein to assist in the measurement or classification of the lands to which the survey extends by furnishing flag-holders; and in the event of a necessity for employing hired labour for this or other similar object, incidental to survey operations, it shall be lawful to assess the cost thereof, with all contingent expenses on the lands surveyed, for collection as a revenue demand.

Section 98 - Survey numbers not to be of less than a certain extent

Except as hereinafter provided, no survey number comprising land used for purposes of agriculture only shall be made of less extent than a minimum to be fixed from time to time for the several classes of land in each district by the Commissioner of Survey, with the sanction of [400] [the [401] [State] Government]. A record of the minima so fixed shall be kept in the Mamlatdar's office in each taluka, and shall be open to the inspection of the public at reasonable times.

Exception.

These provisions shall not apply to survey numbers which have already been made of less extent than the minima so fixed, or which may be so made under the authority of the Commissioner of Survey given either generally or in any particular instance in this behalf; and any survey number separately recognized in the [402] [land records] shall be deemed to have been authorizedly made whatever be its extent.

Section 99 - [Repealed]

[Provisions applicable to recognized shares of survey-numbers.] Repealed by Bom. IV of 1913, s. 44,

Section 100 - [Repealed]

[Officer in charge of a survey to fix assessments.] Repealed by Bom. XX of 1939, s. 6.

Section 101 - [Repealed]

[The assessment so made may be on land or on means of irrigation, etc.] Repealed by Bom. XX of 1939, s. 6.

Section 102 - [Repealed]

[Assessment so made not leviable without the sanction of Provincial Government. But may be fixed, with or without modification, by the Provincial Government for a term of years.] Repealed by Bom. XX of 1939, s. 6.

Section 103 - [Repealed]

[Introduction of settlements.] Repealed by Bom. XX of 1939, s. 6.

Section 104 - [Repealed]

[Excess assessment not to be levied in the year in which a survey settlement is introduced; nor in the following year if the number is resigned that year.] Repealed by Bom. XX of 1939, s. 6.

Section 105 - The fixing of assessment under section 102 limited to ordinary land revenue

The fixing of the assessment under the provisions of [403] [this Act] shall be strictly limited to the assessment of the ordinary land revenue, and shall not operate as a bar to the levy of any cess which it shall be lawful for the [404] [[405] [State] Government] to impose under the provisions of any law for the time being in force for purposes of local improvement, such as schools, village, and district roads, bridges, tanks, Wells, accommodation for travellers, and the like, or of any rate for the use of water which may be imposed under the provisions of section 55 [406] [or of the Bombay Irrigation Act, 1879(Bom. VII of 1879)]

Section 106 - [State] Government may direct a fresh survey and revision of assessment

It shall be lawful for the [407] [[408] [State] Government] to direct at any time, a fresh [409]* survey or any operation subsidiary thereto: [410] * * *

[411] [Provided that when a general classification of the soil of any area has been made a second time, or when any original classification [412] [of the soil] of any area has been approved by the [413] [[414] [State] Government] as final, no such classification shall be again made with a view to the revision of the assessment of such area.]

Section 107 - [Repealed]

[Conditions applicable to revisions of assessment.] Repealed by Bom. XX of 1939, s. 6.

Section 108 - Preparation of statistical and fiscal records

It shall be the duty of the survey officer, [415] [or the settlement officer] on the occasion of making or revising a settlement of land revenue, to prepare a register, to be called "the Settlement Register," showing the area and assessment of each survey number, [416] [with any other particulars that may be prescribed] and other records in accordance with such orders as may from time to time be made on this behalf by [417] [the[418] [State] Government].

Section 109 - [Repealed]

[Officers to correct clerical and admitted errors in settlement-register, and inquire into and pass orders on applications for mutation of names.] Repealed by Bom. IV of 1913, s. 49.

Section 110 - [Repealed]

[Collector to keep survey-records and frame village-records in accordance there with; and to register changes, etc.] Repealed by Bom. IV of 1913, s. 49.

Section 111 - Revenue management of villages or estates not belonging to the Government that may be temporarily under the management of [State] Government

In the event of any alienated village or estate coming under the temporary management of [419] [Government Officers], it shall be lawful for the Collector to let out the lands thereof, at rates determined by means of a survey settlement or at such other fixed rates as he may deem to be reasonable, and [420] [to grant unoccupied lards on lease] and otherwise to conduct the revenue management thereof under the rules for the management of unalienated lands, so far as such rules may be applicable, and for so long as the said village or estate shall be under the management of [421] [Government Officers]; provided, however, that any written agreements relating to the lard, made by the superior holder of such village or estate, shall not be affected by any proceedings under this section in so far as they shall not operate to the detriment of the lawful claims of [422] [the [423] [Government]] on the land.

Section 112 - Maintenance of existing settlements of land revenue

Existing survey settlements of land revenue made, approved and confirmed under the authority of the [424] [[425] [State] Government] shall be, and are hereby declared to be, in force subject to the provisions of this Act.

Section 113 - Partition

[426] [ Expenses properly incurred in making partition of estates paying revenue to [427] [the [428] [State] Government] shall be recoverable as a revenue demand in such proportions as the Collector may think fit from the sharers at whose request the partition is made, or from the persons interested in the partition.]

Section 114 - [Repealed]

[Partition of certain estates by the Collector on application by co-sharers.] Repealed by Bom. 6 of 1950, Sch.

Section 115 - [Repealed]

[Sub-division of numbers at time of revision of survey.] Repealed by Bom. IV of 1913, s. 53.,

Section 116 - Division of survey numbers into new survey numbers

[429] [ When any portion of cultivable land is permitted to be used under the provisions of section 65 or 67 for any non-agricultural purpose or when any portion of land is specially assigned under section 38, or when any assessment is altered or levied on any portion of land under sub-section (2) or sub-section (3) of section 48, such portion may, with the sanction of the Collector, be made into a separate number at any time notwithstanding the provisions of section 98.]

Section 117 - [Repealed]

[Bombay Act V. of 1862 not affected.] Repealed by Bom. 32 of 1949; s. 9.

Section 117A - Division of survey numbers into sub-divisions

[430] [Division of survey numbers into sub-divisions

[431] [Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947(Bom. LXII of 1947)--]

(1)     survey numbers may from time to time and at any time be divided into so many sub-divisions as may be required in view of the acquisition of rights in land or for any other reason;

(2)     the division of survey numbers into subdivisions and the fixing of the assessment of the sub-divisions shall be carried out and from time to time revised in accordance with rules made by the [432] [[433] [State] Government] in this behalf:

Provided that the total amount of the assessment of any survey number or sub-division shall not be enhanced during any term for which such assessment may have been fixed under [434] [the provisions of this Act], unless such assessment is liable to alteration under section 48;

(3)     the area and assessment of such sub-divisions shall be entered in such land records as the [435] [[436] [State] Government] may prescribe in this behalf.]

Section 117B - Provisions applicable on relinquishment or forfeiture of a sub-division

[437] [ Provisions applicable on relinquishment or forfeiture of a sub-division

[438] [Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947)

,] if any sub-division of a survey number is relinquished under section 74 or is forfeited for default in payment of land revenue, the Collector shall offer such sub-division at such price as he may consider it to be Worth to the occupants of the other sub-divisions of the same survey number in such order as in his discretion he may think fit; in the event of all such occupants refusing the same, it shall be disposed of as the Collector shall deem fit:

Provided that until the said sub-division shall be occupied or until the entire survey number shall be relinquished, whichever event may first occur, the assessment of the said sub-division shall be levied from the occupants of the other sub-divisions of the survey number in proportion to the amount of assessment due from such occupants on account of their sub-divisions.

For the purposes of this section notwithstanding anything contained in section 3, if any of the other sub-divisions have been mortgaged with possession, the mortgagors shall be deemed to be the occupants thereof.]

Section 117C - Interpretation section

[439]CHAPTER VIII-A.

ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF AGRICULTURAL LAND

In this Chapter, unless there is anything repugnant in the subject or context--

Settlement.

(1)     "Settlement" means the result of the operations conducted in [440] [a zone] in order to determine the land revenue assessment.

[441] [(1A) "zone" means a local area comprising a taluka or a group of talukas or portions thereof of one or more districts, which in the opinion of the State Government or an officer authorised by it in this behalf, is contiguous and homogeneous in respect of--

(i)       physical configuration,

(ii)      climate and rainfall,

(iii)     principal crops grown in the area, and

(iv)    soil characteristics.]

Term of settlement.

(2)     "Term of a settlement" means the period for which the [442] [State] Government has declared that a settlement shall remain in force.

Group.

(3)     "Group" means all lands in [443] [a zone, which in the opinion of the State Government or an officer authorised by it in this behalf,] are sufficiently homogeneous in respect of the factors enumerated in sub-section (2) of section 117G to admit of the application to them of the same standard rates for the purpose of assessment of land revenue.

Classification value.

(4)     "Classification value" means the relative valuation of land as recorded in the survey records having regard to its soil, water and other advantages.

Standard rate.

(5)     "Standard rate" means, with reference to any particular class of land in a group, the [444] [the value of one sixteenth of the average yield of crops] per acre on land in that class of sixteen annas classification value.

Class of land.

(6)     "Class of land" means any of the following classes of land, namely, dry crop, rice or garden land.

Rental value.

(7)     "Rental value" means the consideration (including premia, if any, or any sum of money paid or promised, or a share of crops, [445] [* * or any other thing of value rendered periodically or on specified occasions) for which land is or could be leased for a period of one year for its most advantageous use.

Prescribed.

(8)     "Prescribed" means prescribed by rules made under section 214.

Section 117D - Government may direct an original or revision settlement of land revenue of any lands

Government may direct an original or revision settlement of land revenue of [446] [any lands]

(1)     The [447] [State] Government may at any time direct a settlement, hereinafter referred to as an original settlement, of the land revenue of any land of which a revenue survey has been made under section 95 [448] [or not].

(2)     The [449] [State] Government may also direct at any time a fresh settlement, hereinafter referred to as a revision settlement, of the land revenue of such land:

Provided that no enhancement of assessment shall take effect before the expiration of the settlement for the time being in force.

Section 117E - The term of settlement

A settlement shall remain in force for a period of 30 years:

Provided that in the case of any particular settlement, the [450] [State Government may, for reasons to be recorded, direct that the settlement shall remain in force for any period less than 30 years:

Provided further that, when in the opinion of the [451] [State] Government a revision settlement is inexpedient, or when the introduction of such settlement has, for any cause, been delayed, the [452] [State] Government may extend the term of the settlement for the time being in force for such period as it may think fit.

Section 117F - Deleted

[Limits of enhancement of assessment.] Deleted by Bom. XXVIII of 1956, s. 6.

Section 117G - Assessment how determined

(1)     The land revenue assessment on all lands in respect of which a settlement has been directed under sub-section (1) or sub-section (2) of section 117D and which are not wholly exempt from the payment of land revenue shall, subject to the limitations contained [453] [the first proviso to sub-section (1) of] section 52, be determined by dividing the lands to be settled into groups and fixing the standard rates for each group:

[454]* * * * * * * *

[455] [(2) The groups shall ordinarily be formed on a consideration of the following factors:--

(i) ???physical configuration,

(ii)? ?climate and rainfall,

(iii)? ?prices, and

(iv) ??yield of principal crops:

Provided that if deemed necessary, the following factors may also be taken into consideration in forming the groups, namely: --

(a)      markets,

(b)      communications,

(c)      standard of husbandry,

(d)      population and supply of labour,

(e)      agricultural resources,

(f)       variations in the area of occupied and cultivated lands during the last 30 years,

(g)      wages,

(h)     ordinary expenses of cultivating principal crops, including the wages of the cultivator for his labour in cultivating the land,

(i)       sales of lands used for the purpose of agriculture.]

(3)? ?The land revenue assessment of individual survey numbers and sub-divisions shall be based on their classification value in the manner prescribed.

Section 117H - Increase in average yield due to improvements at the expense of holders not to be taken into account

Increase in [456] [average yield] due to improvements at the expense of holders not to be taken into account

If during 30 years immediately preceding the date on which the settlement for the time being in force expires any improvements have been effected in any land by or at the expense of the holder thereof, the increase [457] [in the average yield of crops] of such land due to the said improvements shall not be taken into account in fixing the revised assessment thereof.

Section 117I - Settlement Officer how to proceed for making a settlement

In making a settlement the Settlement Officer shall proceed as follows:--

(1)     He shall hold enquiry in the manner prescribed by rules made under this Act.

(2)     He shall divide the lands to be settled into groups.

(3)     He shall ascertain in the prescribed manner the [458] [average yield of crops] of lands for the purposes of the settlement.

(4)     He shall then fix standard rates for each class of land in each group on a consideration of [459] [the relevant factors as provided] in sub-section (2) of section 117G.

(5)     He shall submit to the Collector a report, hereinafter called the settlement report, containing his proposals for the settlement.

Section 117J - Settlement report to be printed and published

(1)     After the settlement report has been submitted to the Collector, the Collector shall cause such report to be published in the prescribed manner.

(2)     There shall also be published in each village concerned in the regional language of such village a notice stating for each class of land in the village the existing standard rate and the extent of any increase or decrease proposed therein by the Settlement Officer. The notice shall also state that any person may submit to the Collector his objections in writing to the proposals contained in the settlement report within three months from the date of such notice.

Section 117K - Submission to Government of settlement report with statement of objections etc. and Collector's opinion, thereon

After taking into consideration such objections as may have been received by him, the Collector shall forward to the [460] [State] Government, through such officers as the [461] [State] Government may direct, the settlement report with his remarks thereon.

Section 117KK - Reference to Revenue Tribunal

Any person aggrieved by the report published by the Collector under section 117J may within two months from the date of notice under sub-section (2) of section 117J apply to the [462] [State] Government for reference to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939(Bom. XII of 1939). On such person depositing such amount of costs as may be prescribed the [463] [State] Government shall direct the report to be sent to the Revenue Tribunal for enquiry. The Revenue Tribunal after making an enquiry in the manner prescribed shall submit its own opinion on the objections raised and on such other matters as may be referred to it by the [464] [State] Government. The [465] [State] Government may make rules for the refund of the whole or any portion of the costs in such cases as it deems fit.

Section 117L - Settlement report to be laid on table of Legislature and copies to be supplied to the members, of each [House]

(1)     The settlement report together with the objections, if any, received thereon and the opinion of the Revenue Tribunal on a reference, if any, made to it under section 117KK shall be laid on the table of each [466] [House] of the [467] [State] Legislature and a copy thereof shall be sent to every member of each such [468] [House]. The said report shall be liable to be discussed by a resolution moved in each [469] [House] of the [470] [State] Legislature at its next following session.

Orders on the Settlement Report

(2)     After the termination of such session the [471] [State] Government may pass such orders as it may deem fit:

Provided that no increase in the standard rates proposed in the settlement report shall be made unless a fresh notice as provided in section 117J has been published in each village affected by such rates and objections received, if any, have been considered by the [472] [State] Government. The provisions of sub-section (1) shall, so far as may be, apply to orders to be passed regarding such increase.

(3)     The orders passed by the [473] [State] Government under sub-section (2) shall be final and shall not be called in question in any Court.

Section 117M - Power of State Government to place surcharge or grant rebate after every ten years

[474] [Power of State Government to place surcharge or grant rebate after every ten years

(1)     Notwithstanding anything contained in this Chapter, it shall be lawful for the State Government it in any year, after the expiry of every ten years from the date on which the settlement was introduced under section 1170, to enhance or reduce the assessment on lands in any zone, by placing a surcharge, or granting a rebate, on the assessment by reference to the alteration of the prices of the principal. crops in such zone.

(2)     For the purpose of sub-section (1), the prices of principal crops shall be recorded and published in the Official Gazette.

(3)     The surcharge shall be levied or the rebate shall be granted under subsection (1) according to the scale prescribed by rules made in this behalf.]

Section 117N - Power to Government to exempt from assessment for water advantages

(1)     The [475] [State] Government may at the time of passing orders under sub-section (2)of section 117L exempt any land from assessment under this Chapter for any advantage or specified kind of advantage accruing to it from water.

(2)     The [476] [State] Government may at anytime during the term of the settlement, after publishing a notice in the village concerned in, the regional language of such village and after the expiry of a period of six months from the date of the publication of such notice, withdraw any exemption granted by it under sub-section (1) and direct that such land shall be assessed for such advantage.

Section 117O - Introduction of settlement

After the [477] [State] Government has passed orders under section 117L and notice of the same has been given in the prescribed manner the settlement shall be deemed to have been introduced and the land revenue according to such settlement shall be levied from such date as the [478] [State] Government may direct:

Provided that in the year in course of which a survey settlement, whether original or revised, may be introduced under this section, the difference between the old and the new assessment of all lands on which the latter may be in excess of the former shall be remitted and the revised assessment shall be levied only from the next following year:

Provided further that in the year next following that in which any original or revised survey settlement has been introduced any occupant who may be dissatisfied with the increased rate imposed by such new assessment on any of the Survey numbers or sub-divisions of survey numbers held by him shall, on relinquishing such number or sub-division in the manner prescribed by section 74 on or before the 31st March, receive a remission of the increase so imposed.

Section 117P - Assessment of lands wholly exempt from payment of land revenue

Nothing in this Chapter shall be deemed to prevent the Settlement Officer from determining and registering the proper full assessment on lands wholly exempt from the payment of land revenue.

Section 117Q - Power to Government to direct assessment for water advantages

Notwithstanding anything contained in this Chapter the [479] [State] Government may direct at the time of passing orders under sub-section (2) of section 117L that any land in respect of which a settlement is made under this Chapter shall be liable to be assessed to additional land revenue during the term of the settlement for additional advantages accruing to it from water received on account of irrigation works or improvements n existing irrigation works completed after the [480] [State] Government has directed the settlement under section 117D and not effected by or at the expense of the holder of the land. Such land revenue shall be leviable only when no rate in respect of such additional advantages is levied under the Bombay Irrigation Act, 1879(Bom. VII of 1879):

Provided that the [481] [State] Government shall, before making such direction, publish a notice in this behalf in the village concerned in the regional language of such village and shall consider the objections, if any, received to the proposal contained therein and no such direction shall be issued until after the expiry of a period of six months from the date of publication of such notice.

Section 117R - Settlements made before this Act to be deemed to be made under this Chapter

All settlements of land revenue here to fore made and introduced and in force at the date of the commencement of the Bombay Land Revenue Code (Amendment) Act, 1939, shall be deemed to have been made and introduced in accordance with the provisions of this Chapter and shall, notwithstanding anything contained in section 117E, be deemed to continue to remain in force until the introduction of a revision settlement.]

Section 118 - Determination of village-boundaries

The boundaries of villages situated in [482] [the [483] [area to which this Act extends]] shall be fixed, and all disputes relating thereto shall be determined by survey officers, or by such other officers as may be nominated by [484] [the [485] [State] Government] for the purpose, who shall be guided by the following rules:--

Village-boundaries may be settled by agreement.

Rule 1.--When the patels and other village officers of any two or more adjoining villages, and, in the case of an alienated village the holder thereof or his duly constituted agent, shall voluntarily agree to any given line of boundary as the boundary common to their respective villages, the officer determining the boundary shall require the said parties to execute an agreement to that effect, and shall then mark off the boundary in the manner agreed upon. And any village boundary fixed in this manner shall be held to be finally settled, unless it shall appear to the said officer that the agreement has been obtained by fraud, intimidation, or any other illegal means.

Procedure in case of disagreement or dispute.

Rule 2.--If the patels and other village officers, and, in the case of an alienated village, the holder thereof or his duly constituted agent, do not agree to fix the boundaries of their respective villages, in the manner prescribed in the preceding rule, or if it shall appear to the said officer that the agreement has been obtained by fraud, intimidation, or any other illegal moans, or if there be any pending dispute, the said officer shall make a survey and plan of the ground in dispute, exhibiting the land claimed by the contending parties, and all particulars relating thereto, and shall hold a formal inquiry into the claims of the said parties, and thereafter make an award in the case. If either of the villages concerned be alienated, an award made by a survey officer shall, unless the officer making it be the Superintendent of Survey, be subject to his confirmation, and an award made by any other officer shall be subject to confirmation by such other officer as [486] [the [487] [State] Government] may nominated for the purpose.

Section 119 - Determination of field boundaries

If at the time of a survey, the boundary of a field or holding be undisputed, and its correctness be affirmed by the village officers then present, it may be laid down as pointed out by the holder or person inoccupation, and, if disputed, or if the said holder or person in occupation be not present, it shall be fixed by the survey officer according to the [488] [land records] and according to occupation as ascertained from the village officers and the holders of adjoining lands, or on such other evidence or information as the survey officer may be able to procure.

If any dispute arise concerning the boundary of a field or holding which has not been surveyed, or if at any time [489] [after the completion of a survey] a dispute arise concerning the boundary of any survey number [490] [or sub-division of a survey number], it shall be determined by the Collector, who shall be guided [491] [by the land records] if they afford satisfactory evidence of the boundary previously fixed, and if not, by such other evidence as he may be able to procure.

Section 120 - Settlement of boundary disputes by arbitration

If the several parties concerned in a boundary dispute agree to submit the settlement thereof to an arbitration committee, and make application to that effect in writing, the officer whose duty it would otherwise be to determine the boundary shall require the said parties to nominate a committee of not less than three persona, within a specified time, and if within a period to be fixed by the said officer the committee so nominated or a majority of the members thereof arrive at a decision, such decision, when confined by the said officer, or if the said officer be a survey officer lower in rank than a Superintendent of Survey, by the Superintendent of Survey, shall be final:

When award may be remitted for reconsideration.

Provided that the said officer, or the Superintendent of Survey shall have power, to remit the award, or any of the matters referred to arbitration, to the reconsideration of the same committee, for any of the causes set forth in [492] [section 16 of the Arbitration Act, 1940.]

If arbitration fail, survey officer to settle dispute.

If the committee appointed in the manner aforesaid fail to effect a settlement of the dispute within the time specified, it shall be the duty of the officer aforesaid, unless he or, if the said officer is a survey officer lower in rank than a Superintendent of Survey, the Superintendent of Survey see fit to extent the time, to settle the same as otherwise provided in this Act.

Section 121 - Effect of the settlement of a boundary

[493] [(1)] The settlement of a boundary under any of the foregoing provisions of this chapter shall be determinative--

(a)      of the proper position of the boundary line or boundary marks, and

(b)      of the rights of the landholders on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings.

[494] [(2) Where a boundary has been so fixed, the Collector may at any time summarily evict any landholder who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims.]

Section 122 - Construction and repair of boundary marks of survey numbers and villages

It shall be lawful for any survey officer, authorized by a Superintendent of Survey or Settlement officer, to [495] [specify or cause to be constructed, laid out, maintained or repaired] boundary marks of villages or survey numbers [496] [or subdivisions of surveys numbers] whether cultivated or uncultivated, and to assess all charges incurred thereby on the holders or others having an interest therein.

Requisition on landholders to erect or repair boundary-marks.

Such officer may required landholders to construct, [497] [lay out, maintain] or repair their boundary-marks, by a notification which shall be posted in the chavdi or other public place in the village, to which the lands under survey belong, directing the holders of survey numbers [498] [or sub-divisions] to construct [499] [lay out, maintain] or repair, within a specified time, the boundary-marks of their respective survey numbers [500] [or sub-divisions] and on their failure to comply with the requisition so made, the survey officer shall then construct [501] [lay out] or repair them and assess all charges incurred thereby as hereinbefore provided.

A general notification to be good and sufficient notice of requisition.

A general notification, issued in the manner aforesaid, shall be held to be good and sufficient notice to each and every person having any interest in any survey numbers [502] [or sub-divisions] within the limits of the lands to which the survey extends.

Description of boundary-marks.

[503] [The boundary marks shall be of such description, and shall be constructed, laid out, maintained or repaired in such manner and shall be of such dimensions and materials as may, subject to rules [504]* * made in this behalf under section 214, be determine by the Superintendent of Survey, according to the requirement of soil and climate.]

Section 123 - Responsibility for the maintenance of boundary-marks

Every landholder shall be responsible for the maintenance and good repair of the boundary marks of his holding, and for any charges reasonably incurred on account of the same by the revenue officers in cases of alteration removal, or disrepair. It shall be the duty of the Village officers and servants to prevent the destruction or unauthorised alteration of the village boundary-marks.

Section 124 - Collector to have charge of boundary marks after introduction of the survey settlement

When the survey settlement shall have been introduced into a district, the charge of the boundary-marks shall devolve on the Collector and it shall be his duty to take measures for their [505] [construction laying out], maintenance and repair, and for this purpose the powers conferred on survey officers by section 122 shall vest in him.

Section 125 - Penalty for injuring boundary marks

Any person convicted after a summary inquiry before the Collector, or, before a survey officer, Mamlatdar, or Mahalkari, of willfully erasing, removing or injuring a boundary-marks, shall be liable to a fine not exceeding fifty rupees for each mark so erased, removed or injured.

One-half of every fine imposed under this section may be awarded by the officer imposing it to the informer, if any, and the other half shall be chargeable with the cost of restoring the mark.

Section 126 - Limits of sites of villages, towns and cities how to be fixed

It shall be lawful for the Collector or for a survey officer, acting under the general or special orders of [506] [the [507] [State] Government], to determine what lands are included within the site of any village, town, or city, and to fix, and from time to time to vary the limits of the same, respect being had to all subsisting rights of landholders.

Section 127 - Act XI of 1852 and Bombay Acts II and VII of 1863 how for applicable to lands in such sites

Act XI of 1852 and Bombay Acts II and VII of 1863 shall be deemed to be applicable, and to have always been applicable, in the territories to which they respectively extend, to all lands within the limits of the site of any town or city in which an inquiry into titles has been made under the provisions of Bombay Act IV of 18683 which have been hitherto ordinarily used for agricultural purposes only; but the provisions of the said Acts shall not be deemed applicable to any other lands within the limits of the site of any such town or city.

Section 128 - Existing exemption when to be continued in case of certain lands in towns and cities in which Bombay Act IV of 1868 has been in operation

The existing exemption from payment of land revenue of lands other than lands which have hitherto been ordinarily used for purposes of agriculture only, situate within the sites of towns and cities in which an inquiry into titles has been made under the provisions of Bombay Act IV of 1868,3 shall be continued--

First--if such lands are situated in any town or city where there has been in former years a survey which [508] [the [509] [State] Government] recognize for the purpose of this section, and are shown in the maps or other records of such survey as being held wholly or partially exempt from the payment of land revenue;

Second--if such lands have been held wholly or partially exempt from the payment of land revenue for a period of not less than five years before the application of Bombay Act I of 1865,4 or IV of 1868,3 to such town or city;

Third--if such lands, for whatever period held, have been held wholly or partially exempt from payment of land revenue under a deed of grant or of confirmation issued by an officer whom [510] [the [511] [State] Government] recognize as having been competent to issue such deed.

Section 129 - Right to exemption to be determined by the Collector

(1)     Claims to exemption under the last preceding section shall be determined by the Collector after a summary inquiry, and his decision shall be final.

[512] [(2) Any suit instituted in a Civil Court to set aside any order passed by the Collector under sub-section (1), In respect of any land situate within the site of a village, town or city, shall be dismissed (although limitation has not been set up as a defence) if it has not been instituted within one year from the date of the order.]

Section 130 - Occupancy price pay able, in addition to assessmention in certain cases

In towns and cities to which section 128 applies, the holders of any lands other than lands which have hitherto been used for purposes of agriculture only, which have been unauthorizedly occupied for a period commencing less than two years before Bombay Act I of 1865[513] or IV of 1868[514] was applied to the town or city in which the said lands are situate, shall be liable to pay [515] [a price for the said lands] in addition to the land revenue assessed thereupon. The said [516] [price] shall be determined according to the provisions of section 62.

Section 131 - Survey of lands in such sites how to be conducted

If the [517] [[518] [State] Government] shall at any time deem it expedient to direct a survey of the lands other than those used ordinarily for the purposes of agriculture only within the site of any village, town, or city, under the provisions of section 95, or a fresh survey thereof under the provisions of section 106, such survey shall be conducted, and all its operations shall be regulated, according to the provisions of Chapters VIII and IX of this Act: Provided that nothing contained in section 96, 97, 101, [519] * 104, or 118 thereof shall be considered applicable to any such survey in any town or city containing more than two thousand inhabitants.

Proviso

Section 132 - In certain cases a survey-fee to be charged

When a survey is extended under the provisions of the last preceding section to the site of any town or city containing more than two thousand inhabitants, each holder of a building-site shall be liable to the payment of a survey-fee to be assessed by the Collector under such rules as may be prescribed in this behalf from time to time by [520] [the [521] [State] Government], provided that the said fee shall in no case exceed [522] [[523] [twenty rupees] for each building site or any portion thereof held separately].

The said survey-fee shall be payable within six months from the date of a public notice to be given in this behalf by the Collector after the completion of the survey of the site of the town or city, or of such part thereof as the notice shall refer to. [524] * * * * * * *

Section 133 - Sanad to be granted without extra charge

Every holder of a building site as aforesaid shall be entitled, after payment of the said survey-fee, to receive from the Collector without extra charge one or more sanads, in the form of Schedule H, [525] [or to the like, effect] specifying by plan and description the extent and conditions of his holding:

Provided that if such holder do not apply for such sanad or sanads at the time of payment of the survey fee or thereafter within six months from the date of the public notice issued by the Collector under the last preceding section, the Collector may require him to pay and additional fee not exceeding one rupee for each sanad.

Every such sanad shall be executed on behalf of the [526] [Crown] by such officer as may from time to time be lawfully empowered to execute the same.

Section 134 - Assessment of lands hitherto used for purpose of agriculture only used for other purposes

If any land within the site of any village, town, or city, hitherto ordinarily used for agricultural purposes only, with respect to which a summary settlement has been made between [527] [the Crown] and the holder under the provisions of any law for the time being in force, be [528] [used for] any other purposes, it shall be liable to payment of one-eighth of the rate fixed for unalienated land used for similar purposes in the same locality, in addition to the quit-rent payable under the terms of such summary settlement.

Section 135 - Repealed

[Limitation of certain suits.] Repealed by Bom, XI of 1912, s, 3.

Section 135A - Exemption from provisions of this chapter

[529] [CHAPTER X-A]

OF THE RECORD OF RIGHTS

The [530] [Provincial Government] may, by notification in the [531] [Official Gazette], direct that this Chapter, or any specified provisions thereof, shall not be in force in any specified local area, or with reference to any lands or any class of villages or lands, or generally.

Section 135B - The record of rights

(1)     A record of rights shall be maintained in every village and such record shall include the following particulars:--

(a)      the names of all persons (other than tenants) who are holders, occupants, owners or mortgage's of the land or assignees of the rent or revenue thereof;

(b)      the nature and extent of the respective interests of such persons and the conditions or liabilities (if any) attaching thereto;

(c)      the rent or revenue (if any) payable by or to any of such persons;

(d)      such other particulars as the [532] [Provincial Government] may prescribe by rules made in this behalf;

(2)     Provided that the said particulars shall be entered in the record of rights with respect to perpetual tenancies, and also with respect to tenancies of any other classes to which the [533] [Provincial Government] may, by notification in the [534] [Official Gazette], direct that the provisions of this section shall apply in any local area or generally.

Section 135C - Acquisition of rights to be reported

Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land, or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the village accountant within three months from the date of such acquisition, and the said village accountant shall at once give a written acknowledgment of the receipt of such report to the person making it:

Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the village accountant:

Provided further that any person acquiring a right by virtue of a registered document shall he exempted from the obligation to report to the village accountant.

Explanation I.--The rights mentioned above include a mortgage without possession, but do not include an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882(IV of 1882).

Explanation II.--A person in whose favour a mortgage is discharged or extinguished, or lease determines, acquires a right within the meaning of this section,

Section 135D - Register of mutations and register of disputed cases

(1)     The village accountant shall enter in a register of mutations every report made to him under section 135C and shall also make an entry therein respecting the acquisition of any right of the kind mentioned in [535] [the first paragraph] of section 135C which he has reason to believe to have taken place and of which a report has not been made to him under the said section.

(2)     Whenever a village accountant makes an entry in the register of mutations he shall at the same time post up a complete copy of the entry in a conspicuous place in the chavdi, and shall give Written intimation to all persons appearing from the record of rights or register of mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.

(3)     Should any objection to any entry made under sub-section (1) in the register of mutations be made either orally or in writing to the village accountant, it shall be the duty of the village accountant to enter the particulars of the objection in a register of disputed cases.

(4)     Orders disposing of objections entered in the register of disputed cases shall be recorded in the register of mutations by such officers and in such manner as may be prescribed by rules made by the [536] [Provincial Government] in this behalf.

(5)     The transfer of entries from the register of mutations to the record of rights shall be effected subject to such rules as may be made by the [537][Provincial Government] in this behalf: provided that an entry in the register of mutations shall not be transferred to the record of rights until such entry has been duly certified.

Entries in register of mutations how to be certified.

(6)     Entries in the register of mutations shall be tested and if found correct, or after correction, as the case may be, shall be certified by a revenue officer of rank not lower than that of a Mamlatdar's first karkun.

Tenancies.

(7)     The provisions of this section shall apply in respect of perpetual tenancies and also in respect of any tenancies mentioned in a notification under subsection (2) of section 135B, but the provisions of this section shall not apply in respect of other tenancies, which shall be entered in a register of tenancies in such manner and under such procedure as the [538][Provincial Government] may prescribe by rules made in this behalf.

Section 135E - Obligation to furnish information

(1)     Any person whose tights, interests or liabilities are required to be, or have been entered in any record or register, under this Chapter shall be bound, on the requisition of any revenue officer or village accountant engaged in compiling or revising the record or register, to furnished or produce for his inspection, within one month from the date of such requisition, all Such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.

(2)     A revenue officer or village accountant to whom any information is furnished or before whom any document is produced in accordance with requisition under Sub-section (1) shall at once give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature, stating the fact of its production and the date thereof.

Section 135F - Penalty for neglect to afford information

Any person neglecting to make the report required by section 135C, or furnish the information or produce the documents required by section 135E within the prescribed period shall be liable, at the discretion of the Collector, to be charged a fee not exceeding twenty-five rupees, which shall be leviable as an arrear of land revenue.

Section 135G - Requisition of assistance in preparation of maps

Subject to rules made in this behalf by [539] [[540] [State] Government]--

(a)      any revenue officer or village accountant may for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter exercise any of the powers of a survey officer under sections 96 and 97, except the powers of assessing the cost of hired labour under section 97, and

(b)      any revenue officer of a rank not lower than that of an Assistant or Deputy Collector or of a survey officer may assess the cost of the preparation or revision of such map or plan and all contingent expenses, including the cost of clerical labour and supervision, on the lands to which such, maps or plan relate, and such costs shall be recoverable as a revenue demand.

Section 135H - Certified copy of record to be annexed to plaint or application

(1)     The plaintiff or applicant in every suit or application as hereinafter defined relating to land situated in any area to which this Chapter applies shall annex to the plaint or application a certified copy of any entry in the record of rights, register of mutations or register of tenancies relevant to such land.

(2)     If the plaintiff or applicant fails so to do for any cause which the court or conciliator deems sufficient, he shall produce such certified copy within a reasonable time to be fixed by the Court or conciliator, and if such certified copy is not so annexed or produced the plaint or application shall be rejected, but the rejection thereof shall riot of its own force preclude the presentation of a fresh plaint in respect of the same cause of action or of a fresh application in respect of the same subject-matter, with a certified copy annexed.

(3)     After the disposal of any case in which a certified copy of any such entry has been recorded, the Court shall communicate to the Collector any error appearing in such entry and any alteration therein that may be required by reason of the decree or order, and a copy of such communication shall be kept with the record. The Collector shall in such case cause the entry to be corrected in accordance with the decree or decision of the Court, so far as it adjudicates upon any right required to be entered in the record of rights, register of mutations or register of tenancies. The provisions of this sub-section shall apply also to an appellate or revisional Court: provided that, in the case of an appellate or revisional decree or order passed by the High Court [541]* * *, the communication shall be made by the [Court from which the appeal lay or the record was called for.

(4)     In this section?

(a)      "suit" means a suit to which the provisions of the Code of Civil Procedure, 1908(V of 1908), or of the Mamlatdar's Courts Act, 1906(Bom. II of 1906), apply;

(b)      "application" means an application--

(i) ????for the execution of a decree or order in a suit;

(ii) ???for the filing of an agreement stating cast; for the opinion of the Court under the Code of Civil Procedure, 1908(V of 1908);

(iii)? ?for the filing of an agreement to refer to arbitration under [542] [section 20 of the Arbitration Act, 1940];

(iv) ??for the filing of an award under [543] [section 14 of the Arbitration Act, 1940].