(Act
No. 13 of 1951 (Samvat 2008)) [5th June, 1951] Having been
reserved by the Raj Pramukh under Article 31 (4) of the Constitution of India,
for the consideration of Hon'ble the President, Received his assent on 5th
June, 1951. An Act to provide
for the public purposes of the improvement of agriculture and financial
condition of agriculturists by abolition and acquisition of the rights of
proprietors in village, muhals, chak or blocks settled on zamindari system
which is only a system of keeping an intermediary between the State and the
tenants injurious lo the betterment of agriculture as well as the
agriculturists in Madhya Bharat and for other matters connected therewith. Be
it enacted as follows :- CHAPTER
I Preliminary (1)
This Act may be
called the Madhya Bharat Zamindari Abolition Act, Samvat 2008. (2)
It extends to the
whole of Madhya Bharat region. (3)
It shall come into
force on and from such [1][date] as
may be notified by the Government in this behalf. In this Act,
unless there is anything repugnant in the subject or context :- (a)
"Proprietor" means,
as respects a village, muhal or land settled on Zamindari system, a person
owning whether in trust or for his own benefit such village, muhal or land and
includes :- (1)
a Malguzar as
defined in sub-clause (12) of Section 2 of Qanoon Mai, Gwalior State, Samvat
1983; and (2)
as respect a chak
or block, a chakdar or blockdar whose lease granted to him by the Government
under any Act, Rule or Circular relating to chaks and blocks, includes also
amongst its other conditions, a condition that he shall acquire the proprietary
rights in respect of that chak or block when the conditions of the lease are
fulfilled; (3)
the heirs and
successors-in-interest of a proprietor; (b)
"Land" means
land held or occupied for purposes connected with agriculture, horticulture,
pasture or animal husbandry; (c)
"Khud-kasht" means
land cultivated by the Zamindar himself or through employees or hired labourers
and includes sir land; (d)
In respect of
enclaves from Madhya Pradesh "Sir land" shall have the same meaning
as assigned to it in clause (17) of Section 2 of the Central Provinces Land
Revenue Act, 1917; (e)
"Pacca
tenant" means Pacca tenant as defined in clause (vii) of Section 54
of the United State of Gwalior, Indore and Malwa (Madhya Bharat) Revenue
Administration and Ryotwari Land Revenue and Tenancy Act, Samvat 2007; (f)
"Occupied
land" means land held immediately before the date of vesting of
proprietary right in the State under Section 3, in ex-proprietary, Pukhta
Maurusi, Mamuli Maurusi or Gair Maurusi tenure or land held by sub-tenants or
tenants of a sub-tenant or land held as khud-kasht or land comprised in a
dwelling house together with any courtyard, attached garden, tree standings in
such courtyard, attached garden, trees standings in such courtyard and
out-buildings and includes any out-building used for purposes connected with
agriculture or horticulture and any tank appurtenant to such dwelling-house; (g)
"Gazette" means
the Gazette of Madhya Pradesh; (h)
"Deputy
Compensation Officer" means a Deputy Compensation Officer appointed
under Section 10 of this Act; (i)
"Claims
Officer" means a Claims Officer appointed under Section 17 of this
Act; (j)
"Compensation
Officer" means a Compensation Officer appointed under Section 14 (1)
of this Act; (k)
"Compensation
Commissioner" means a Compensation Commissioner appointed under
Section 14 (2) of this Act; (l)
"State" means
the Madhya Bharat region. (m)
"Government" means
the State Government; (n)
"Prescribed" means
prescribed by the rules made under this Act; (o)
Words and
expressions used in this Act but not defined in this Act, shall have the same
meanings as assigned to them in "Qanoon Mai, Gwalior State, Samvat
1983"; (p)
"Home-stead" means
a dwelling-house together with any courtyard attached garden or bari trees
standing in such courtyard and out-building, and includes any out-building used
for purposes connected with agriculture or horticulture and any tank or well
appertaining to such dwelling house. CHAPTER
II Vesting of Proprietary Rights in the
State (1)
Save as otherwise
provided in this Act and subject to the provisions of Section 8, on and from a
date to be specified by a notification by the Government in this behalf
(hereinafter referred to as the date of vesting) all proprietary rights in a
village, muhal, land, chak or block in Madhya Bharat vesting in a proprietor of
such village, muhal, land, chak or block as the case may be, or in a person
having interest in such proprietary right through the proprietor shall pass
from such proprietor of such other person, to and vest in the State free of all
encumbrances. (2)
After issue of a
notification under sub-section (1) no right shall be acquired in or over the
land to which the said notification relates except by succession or under a
decree or order of a Court or under a grant or contract in writing made or
entered into by or on behalf of the Government; and no fresh clearings for
cultivation or for any other purpose shall be made in such land except in
accordance with such rules as may be made by the Government in this behalf. (3)
The Government may
by notification published in the Gazette vary the date specified under
sub-section (1) at any time before such date. (1)
Save as otherwise
provided in this Act when the notification under Section 3 in respect of any
area has been published in the Gazette, then, notwithstanding anything
contained in any contract, grant or document or in any other law for the time
being in force, the consequences as hereinafter set forth shall from the
beginning of the date specified in such notification (hereinafter referred to
as the dale of vesting) ensue, namely :- (a)
all rights, title
and interest of the proprietor in such area, including land (cultivable, barren
or Bir), forest, trees, fisheries, wells (other than private wells), tanks,
ponds, water channels, ferries, pathways village-sites, hats, and bazars and
mela-grounds and in all sub-soil, including rights, if any, in mines and
minerals, whether being worked or not shall cease and be vested in the State
free from all encumbrances; (b)
all grants and
confirmation of title of or to land in the property so vesting or of or to any
right or privilege in respect of such property or land revenue in respect
thereof shall, whether liable lo presumption or not, determine; (c)
all rents and
cesses in respect of any holding in the property so vesting for any period
after the date of vesting which, hut for such vesting would have been payable
to the proprietor, shall vest in the State and be payable to the Government and
any payment made in contravention of this clause shall not be a valid discharge
of the person liable to pay the same; Explanation. -
The word "Holding" shall for the purpose of this clause be deemed to
include also land given, on behalf of the proprietor, to any person on rent for
any purpose other than cultivation; (d)
all arrears of
revenue, cesses or other dues in respect of any properly so vesting and due by
the proprietor for any period prior to the date of vesting shall continue to be
recoverable from such proprietor and may, without prejudice to any other mode
of recovery, be realised by deducting the amount from the compensation money
payable to such proprietor under Chapter V; (e)
the interest of
the proprietor so acquired shall not be liable to attachment or sale in
execution of any decree or other process of any Court, civil or revenue, and
any attachment existing at the date of vesting or any order for attachment
passed before such date shall, subject to the provisions of Section 73 of the
Transfer of Property Act, 1882, cease to be in force; (f)
every mortgage
with possession existing on the property so vesting or part thereof on the date
immediately preceding the date of vesting shall, to the extent of the amount secured
on such property or part thereof be deemed without prejudice to the rights of
the State under Section 3, to have been substituted by a simple mortgage. (2)
Notwithstanding
anything contained in sub-section (1), the proprietor shall continue to remain
in possession of his Khud-kasht land, so recorded in the annual village papers
before the date of vesting. (3)
Nothing contained
in sub-section (1) shall operate as bar to the recovery by the outgoing
proprietor of any sum which becomes due to him before the date of vesting in
virtue of his proprietary rights. (a)
All open
enclosures used for agricultural or domestic purposes and in continuous
possession (which includes possession of a former proprietor) for twelve years
immediately before the 1st of January, 1951. all open house sites purchased for
consideration, all buildings, places of worship, wells, situated in and trees
standing on lands included in such enclosures of house-sites or land appertaining
to such buildings or places of worships within the limits of a village-site
belonging to or held by the outgoing proprietor or any other person shall
continue to belong to or be held by such proprietor or other person as the case
may be, and the land thereof, with the areas appurtenant thereto shall be
settled with him by the Government on such terms and conditions as it may
determine. (b)
All private wells
and buildings on occupied land belonging to or held by the outgoing proprietor
or any other person shall continue to belong to or be held by such proprietor
or other person. (c)
All trees standing
on land comprised in a Khudkasht or homestead and belonging to or held by the
outgoing proprietor or any other person shall continue to belong to or be held
by such proprietor or other person. (d)
All trees standing
on occupied land other than lands comprised in Khudkasht or home-stead and
belonging to or held by a person other than the outgoing proprietor shall
continue to belong to or be held by such person. (e)
All tanks situate
on occupied land and belonging to or held by the outgoing proprietor or any
other person shall continue to belong to or be held by such proprietor or other
person. (f)
All groves
wherever situate and recorded in village papers in the name of the outgoing
proprietor or any other person shall continue to belong to or be held by such
proprietor or such other person and the land under such grove shall be settled
with such proprietor or such other person by the Government on such terms and
conditions as it may determine. On the date of
vesting, the Suba shall take charge of all lands other than occupied lands and
home-steads and of all interests vesting in the State under Section 3. CHAPTER
III Assessment of Compensation For the purposes
of this Chapter, the expression "proprietor" shall not include
Mustajar Supurdgidar, mortgagee and the ex-zamindars whose rights to acquire
zamindari have ceased. (1)
Subject to other
provisions of this Act, the Government shall pay to every proprietor who is
divested of proprietary rights, compensation which shall be determined in
accordance with the principles laid down in Schedule I annexed hereto. (2)
Such compensation
shall be deemed to be payable from the date of vesting and simple interest at
the rate of 2-? per cent, per annum shall be payable on it from the date of
vesting to the date of payment but no interest shall be payable on such amount
of compensation as may remain unpaid for default of the proprietor or his
agent. Where within a
period of twelve months from the date of vesting, the compensation payable to a
proprietor is not determined, the Government shall, subject to such conditions
and restrictions in respect of security and indemnity as may be prescribed,
direct the payment to each such proprietor of interim compensation which shall
be equal to one-tenth of the estimated amount of compensation. The payment of
such interim compensation shall be made within 18 months from the date of
vesting and any amount so paid shall be adjusted against the whole amount of
compensation determined under this Act. The Government
shall for the purpose of assessment of compensation to be paid in accordance
with Section 8 (I), appoint for any specified area one or more [2][Deputy
Compensation Officers] [3][x
x x] (1)
Every proprietor
who is divested of proprietary rights by virtue of a notification issued under
Section 3 shall within thirty days from the date of vesting, file a statement
of claim in the prescribed form to the Deputy Compensation Officer having
jurisdiction within the area and specify therein the following particulars,
namely :- (i)
name of the
outgoing proprietor; (ii)
the extent of
share of each proprietor where there are more pro-proprietors than one; (iii) the amount of income and expenditure; (2)
Every such
statement shall be signed and verified in accordance with Order VI, Rule 15 of
the Code of Civil Procedure. (1)
On receipt of the
statement of claims under Section 11 or if into such claim is received within
the prescribed period, the Deputy Compensation Officer shall, after making such
enquiry as he thinks fit and giving an opportunity to the claimant to be heard,
decide the amount of compensation due to the claimant and record in a statement
in the prescribed form the details of the land, the proprietary rights of which
have vested in the State and such other details as may be prescribed. (2)
Where superior and
inferior proprietary' rights exist in relation to any village, muhal or land,
the Deputy Compensation Officer shall distribute the compensation in the
proportion in which superior or inferior proprietary profits are shared. (3)
An extract of the
statement recorded by the Deputy Compensation Officer under sub-section (1)
shall be supplied to every concerned proprietor free of cost. (1)
If during the
course of an inquiry by the Deputy Compensation Officer, any question is raised
regarding the proprietary right in any property divested under Section 3 and
such question has not already been determined by a Court of competent
jurisdiction, the Deputy Compensation Officer shall refer the matter for
decision to the Claims Officer and the Claims Officer shall proceed to enquire
summarily into the merits of such question and pass such orders as he thinks
fit. (2)
The Orders of the
Claims Officer under sub-section (1) shall not be subject to any appeal or
revision, but any party may, within two months from the date of such order
institute a suit in Civil Court to have the order set-aside, and the decision
of such Court shall be binding on the Claims Officer but subject to the result
of such suit, if any, the order of the Claims Officer shall be final and
conclusive. (1)
Any person
aggrieved by the decision given or the record made under sub-section (1) of
Section 12 by the Deputy Compensation Officer, may appeal to the Compensation
Officer to be appointed by the Government in this behalf within thirty days
from the date of the supply to the proprietor of the copy of the statement under
sub-section (3) of Section 12 and such Compensation Officer shall pass such
order on such appeal as he thinks fit. (2)
Any person
aggrieved by the decision given by the Compensation Officer under sub-section
(1) may appeal to the Compensation Commissioner to be appointed by the
Government in this behalf within sixty days from the date of such decision and
the Compensation Commissioner shall pass such order on that appeal as he thinks
fit. (3)
The Compensation
Officer may, at any time for the purpose of satisfying himself as to the
legality or propriety of any order passed by, or as to the regularity of the
proceedings of the Compensation Officer and the Deputy Compensation Officer,
call tor and examine the record of any case pending before or disposed of by such
officer and may pass such order in reference thereto as he thinks fit : Provided that he
shall not vary or reverse any order unless notice has been given to the parties
interested to appear and be heard in support of such order. (4)
The Deputy
Compensation Officer, the Compensation Officer or the Compensation Commissioner
may either on grounds specified in Rule 1 of Order XLVII of the Code of Civil
Procedure, 1908, or on the application filed within 30 days from the date of
the order by any party interested, review an order passed by himself or his
predecessors in office and pass such order in reference thereto as he thinks
fit : Provided,- (i)
no order shall be
varied or reversed unless notice has been given to the parties interested to
appear and be heard in support of such order; (ii)
no order from
which an appeal has been made or which is the subject of any revision
proceedings shall, so long such appeal or proceedings are pending, be reviewed. (5)
Except as provided
in sub-sections (1), (2), (3) and (4), the decision and the record made by the
Deputy Compensation Officer shall be final and conclusive in respect of the
quantum of the compensation payable and other entries made in the statement of
the Deputy Compensation Officer. Except an
authority before whom an appeal under this Chapter is pending against an order
of the Compensation Officer, no Court or authority shall, notwithstanding
anything contained in any law for the time being in force, issue any injunction
against any person in respect of any proceedings pending before the
Compensation Officer under this Chapter which have the effect of staying the
proceedings. CHAPTER
IV Determination of Debts In this Chapter :- (a)
"Secured debt
or secured claim" means a debt or claim subsisting on the date of
vesting whether due or not due and secured by the mortgage of or a charge on
the proprietary rights divested under Section 3 but shall not include land
revenue or anything recoverable as land revenue or any money for the recovery
of which a suit is barred by limitation; (b)
"Creditor" means
a person to whom a secured debt or claim is owing
and "debtor" means the person by whom such debt is owed; (c)
"excluded
debt" means the secured claim due in respect of,- (1)
any liability in
respect of any sum due to any society registered or deemed to be registered
under the Co-operative Societies Act, for the time being in force; (2)
any liability in
respect of maintenance whether under decree of Court or otherwise; (3)
any liability due
to a bank or a company; (4)
any debt
determined under the provision of the Gwalior Agricultural Debtors' Relief Act
or the Debt Conciliation Act, for the time being in force; (5)
any liability in
respect of village profits or of land revenue arising between co-sharers and
the lambardar, or between lambardar and Sadar lambardar, or between superior
and inferior proprietors or between a proprietor and a Thekadar or a farmer of
proprietary rights, or between the proprietor and a Malik-maqbuza or between
co-sharers in Ijara and Jagir villages; (6)
a mortgage claim
against property in the hands of a subsequent transferee who has taken the
transfer in order to satisfy the mortgage; (7)
any liability
arising between mortgagor and mortgagee in respect of land revenue of the
mortgaged property which has been paid by the mortgagee, on behalf of the
mortgagor. The Government
shall, for the purpose of determining, in the manner provided in this Chapter,
the amount of secured debts or claim owed by proprietors divested of
proprietary rights under this Act, appoint for any specified area, one or
more [4][x
x x] Claims Officers. (1)
Every proprietor
who is divested of proprietary rights under Section 3 may, within 30 days from
the date of vesting, file an application before the Claims Officer having
jurisdiction specifying the amount and particulars of all secured debts and
claims against him together with the names and residence of his creditors. (2)
Any creditor or a
proprietor divested of proprietary rights under Section 3 may, within the
period specified in sub-section (1), file an application to the Claims Officer
having jurisdiction specifying therein the amount and particulars of his
secured debt or claim against such proprietor (3)
An application
under sub-section (1) or (2) shall contain such further particulars as may be
prescribed and shall be signed and verified in accordance with the manner
prescribed by the Code of Civil Procedure, 1908, for signing and verifying
plants. (1)
Upon receipt of an
application under Section 18 if the Claims Officer finds that any suit or
proceeding is pending against the proprietor for the recovery of any amount in
respect of a secured debt or claim he shall issue a notice to the Court
concerned and thereupon the Court shall stay such suit or proceeding. (2)
Where the Claims
Officer finds that the properties of a debtor vesting in the State under
Section 3 extend over areas within the jurisdiction of more than one Claims
Officer, he shall refer the case of such debtor to the Compensation
Commissioner for orders as to the Claims Officer who shall deal with the case of
such debtor. (3)
On receipt of such
reference, the Compensation Commissioner may, after hearing the debtor, if
necessary, pass an order specifying the Claims Officer who shall deal with the
case and send a copy of his order to all Claims Officers concerned directing
them to forward all papers of the case of the debtor to the Claims Officer
specified by him. (1)
The Claims Officer
shall fix a date for hearing and shall cause a notice of the date of hearing
together with a copy of the application received to be served on the creditors
and the debtor and shall cause a copy of such application to be affixed on a
conspicuous place in his office. (2)
On the date fixed
for hearing, any creditor may object to the proceedings on the ground that the
debtor does not earn his livelihood wholly or mainly from agriculture or from
rents or lease money received from agricultural land. (3)
The Claims Officer
may, after such enquiry as he thinks fit, pass an order rejecting or allowing
the objection. (4)
If the objection
is allowed, nothing hereinafter contained in this Chapter except Section 33
shall apply to the secured debts or claims against any such debtor. (5)
If no objection is
made, under sub-section (2) or if an objection is made and decided, the jurisdiction
of the Claims Officer to proceed in accordance with the provisions of this
Chapter shall not be questioned in any Civil Court. (1)
When the Claims
Officer orders that the proceedings shall continue he shall fix a date not
earlier than one month and on or before such date every creditor shall file a
written statement of his claim signed and verified in the manner prescribed by
Rule 15 of Order VI of the Code of Civil Procedure, 1908. Such statement shall be
submitted in person or by an agent authorised in writing or by registered post
and every claim not so submitted shall be deemed for all purposes and all
occasions to have been discharged as against such debtor : Provided that if a
creditor files a statement of claim within a further period of two months and
satisfies the Claims Officer that such creditor was for good and sufficient
cause unable to file the same before the date fixed for hearing, the Claims
Officer may revive the claim. (2)
On the date on
which the case is fixed for hearing, the creditor shall produce the documents
in his possession or control on which he bases his claim. He shall also furnish
a full and true statement of accounts of all previous transactions between him
and his debtor leading to the claim and his account books or copies thereof, if
any, in his possession or control. If such documents and statement are not
produced at such hearing or at an adjourned hearing fixed for this purpose by
the Claims Officer, the Claims Officer may declare such claim to be discharged
for all purposes and all occasions against such debtor or debtors : Provided that if
the Claims Officer is satisfied that any creditor was, for good and sufficient
cause, unable to produce such documents or statement, he may require them to be
produced on a date fixed for the purpose and may revive the claim. (1)
On the date fixed
for the hearing of the case, or on any subsequent day to which the hearing may
be adjourned, the Claims Officer shall require proof of the validity and
subsisting character of the secured debt or claim. (2)
Where the debtor
objects to the claim preferred by any creditor on the ground that the debt was
not incurred or that it is not binding on the debtor, the Claims Officer shall
not determine the amount due on any such claim and nothing contained in
Sections 23 to 26 shall apply to any such claim. (1)
The Claims Officer
shall, notwithstanding anything contained in any other enactment for the time
being in force, reopen all transactions made within twelve years before the
last transaction and, as far as may be, ascertain in respect of each loan the
date on which it was originally advanced. He shall, notwithstanding the
provisions of any agreement or law, calculate the interest due at six per cent
per annum or such lower rate of interest as may have been agreed upon between
the parties, but in no case the amount of interest shall be greater than the
principal amount. After adding to the principal amount, the interest so
calculated and deducting therefrom the amount paid by the debtor, the balance
shall be determined by the Claims Officer as payable by the debtor. Explanation. - The amount of the sum total of the
loan originally advanced and the interest thereof re-advanced as a loan shall
not be deemed to be the principal amount. (2)
The amounts
determined due shall not carry any interest after the date of determination. (3)
Nothing in
sub-section (1) shall apply to excluded debts. The amount due to for such debts
shall be determined in accordance with the terms of the contract between the
parties or any law for the time being in force. The Claims Officer
shall, where there are two or more creditors, settle the order in which each
creditor shall be entitled to receive the amount due to him. In doing so, he
shall, as far as may be guided by the appropriate provisions of the Transfer of
Property Act, 1882, and any other enactment relating to Co-operative Societies
and Cooperative Banks for the time being in force in Madhya Bharat region. (1)
The amount
determined payable to creditors shall be rateably payable in as many
instalments as may be fixed for the payment of compensation to the proprietor
under the provisions of this Act. (2)
The compensation
payable to the proprietor under Chapter III shall be distributed between the
creditors in the order of their priority and if there are more than one such
creditor holding the same order of priority, it shall be distributed rateably
between them in proportion to the amounts determined due. If the Claims
Officer finds that the amount of compensation is not sufficient to satisfy the
claims determined under Section 23, he shall record an order specifying :- (1)
the amount
remaining unpaid in respect of each claim; (2)
the name of the
creditor to whom it is due; and (3)
the particulars of
other property in respect of each claim remaining encumbered by the claim. Any creditor in
whose favour an order under Section 26 has been passed may within one year
apply to the Civil Court for the sale of encumhered property mentioned in
Section 26 (3) and the Civil Court shall accordingly pass a preliminary decree
for sale fixing such time for payment as it may deem fit. (1)
A creditor who
applies to a Civil Court under Section 27 shall be liable to pay such
Court-fees upon the amount declared as due as he would be liable to pay upon a
plaint filed for the recovery of the same and Civil Court shall not proceed
with the application until such Court-fees have been paid : Provided that no
Court-fees shall be payable if Court-fees have already been paid in respect of
a debt. (2)
The amount of
Court-fees paid by the creditor shall form costs of the proceeding and be
recoverable from the debtor. Section [5][29. Appeal against orders
of Claims Officers Any
person aggrieved by an order of a Claims Officer may, within forty-five days of
such order, file an appeal before the Board of Revenue which may, alter
hearing the parties, pass such orders as it may think fit.] The Claims Officer
or Board of Revenue passing an order in appeal may on grounds specified in
sub-rule (1) of Rule I of Order XLVII of the Code of Civil Procedure on an
application from any person interested made within thirty days of the passing
of an order, review an order passed by himself or his predecessor in office and
pass such order in reference thereto as he thinks fit : Provided that no
order shall be varied or reversed unless notice has been given to the person
interested to appear and be heard in support of such order. The decision of
the appellate authority and where no appeal has been preferred, the decision of
Claims Officer shall, subject to the provisions of Section 30 be final and
conclusive. The jurisdiction
of the Civil Courts shall, except as otherwise provided in this Act, be barred
in respect of :- (1)
any matter pending
before a Claims Officer; (2)
the claim for any
secured debt or claim which has been discharged or deemed to have been
discharged under Section 21; (3)
the recovery of
any secured debt or claim determined under Section 23 except in the manner
provided for in Section 27. In calculating the
period of limitation for any suit filed in, or proceedings before Civil Court
in respect of any secured debt or claim which was the subject of any
proceedings under this Act, the time during which such proceedings had
continued shall be excluded. CHAPTER
V Payment Of Compensation (1)
If in any case,
the decision of the Deputy Compensation Officer in regard to the amount of
compensation payable to a proprietor is modified in appeal, after the dispersal
of such appeal and in any other case after the time for appeal is over, such
officer shall forward to the Compensation Officer to whom he is subordinate or
if any proceedings for determination of debt have been started under Chapter
IV, to the Compensation Officer of the district where such proceedings are
continuing, all papers of the enquiry together with the statement showing the
final amount of compensation payable to the proprietor. (2)
The Compensation
Officer shall then ascertain, if any proceedings for the determination of debt
is pending against the proprietor before the Claims Officer and, if so, shall
await his decision. (3)
Alter the amount
of compensation payable to a proprietor is decided upon and the debt owed by
him, if any, determined, the Compensation Officer shall make payment of
compensation to the creditors in accordance with the orders of Claims Officer
under the provisions of Sections 25 (I) and 25 (2) and if there is any balance
left out of the compensation money alter such payment, he shall pay it to the
proprietor entitled thereto, in such manner as provided in the annexed
Schedule. (4)
Where the person
entitled to receive the compensation, is a waqf, trust or endowment or a minor
or a person suffering from legal disability, the compensation money may,
subject to any general directions that the Government may give, be deposited
for and on behalf of that person, with such authority or bank as may be
prescribed. (5)
If any person
entitled to a payment out of the compensation money refuses to accept such
payment, the Compensation Officer shall keep the amount deposited. (6)
The payment of
compensation under this Act to the creditors of a proprietor or to the
proprietor shall be a full discharge of the Government from all liability to
pay compensation for the divesting of proprietary rights but shall not
prejudice any rights in respect of the said rights to which any other person
may be entitled by due process of law to enforce against the person to whom
compensation has been paid aforesaid. (1)
On an application
made in that behalf by a creditor the debt or claim owing to whom has not been
determined by the Claims Officer by reason of an order under Section 20 or
sub-section (2) of Section 22, the Compensation Officer shall pass an order
withholding the payment of compensation to the proprietor in question for a
period of three months from the date of the order. (2)
If within the said
period of three months, the Compensation Officer deceives any order from any
Court requiring the Compensation Officer to place at its disposal the whole or
part of the amount of compensation payable to the proprietor concerned, the
Compensation Officer shall comply with the order of the Court. Notwithstanding
anything contained in this Act, no Supurdgidar, Mustajar or any mortgagee
mentioned in Section 51 shall be entitled to compensation under this Chapter : Provided that the
Mustajar and Supurdgidar shall be entitled to receive rateably in such
instalments in which the compensation money is payable to the proprietor under
this Act such amount of the compensation money as would, in case of restoration
of zamindari to the ex-zamindar, have been payable to them by the ex-zamindar in
accordance with the law under which the Mustajari or the Supurdgi was created
and the balance, if any, shall be paid to the ex-zamindar. Explanation. -
For purposes of this section, a Mustajar, Supurdgidar or ex-zamindar means such
Mustajar, supurdgidar or ex-zamindar whose right of acquiring or regaining the
zamindar has not ceased. CHAPTER
VI Management and Tenure of Land (1)
Every proprietor
who is divested of his proprietary rights in an estate, chak, block or Muhal
shall, with effect from this date of vesting, be a pacca tenant of the
khud-kasht land in his possession and the land revenue payable by him shall be
determined at the rate fixed by the current settlement for the same kind of
land. (2)
If there are more
persons than one having interest in land held as Khud-kasht immediately before
the date of vesting, any such person may apply for a partition of his share in
the land to the Tahsildar who shall proceed according to the provisions of Section
69 of Madhya Bharat Revenue Administration and Ryotwari Land Revenue and
Tenancy Act, Samvat 2007 and in case of partition shall rateably apportion the
assessed rent ; Provided that no
such partition shall be made if any question of title is raised until such
question has been decided by a competent Court. Explanation. -
For the purposes of the aforesaid proviso, the claim by any proprietor that he
holds any land in exclusive ownership or that he had acquired any Khud-kasht
land exclusively for himself shall be deemed to be a question of title. (3)
If a Tahsildar is
of opinion that for preventing multiplicity of proceedings, or for any other
reason it would be just and convenient to join as parties all persons who held
shares in the estate or Muhal before the date of vesting he may order all such
persons to be joined as parties. (1)
Subject to the
provisions of this section, every tenant of a proprietor shall be deemed to be
a pacca tenant of the land comprised in his holding from the date of vesting. (2)
Every sub-tenant
or tenant of a sub-tenant who deposits with the Tahsildar within the period
specified in sub-sections (3) and (4) the following amount to be paid to be
proprietor or tenant or sub-tenant as his case may be, shall be deemed to be a
pacca tenant of the land comprised in his holding. Till amount is deposited,
his former status shall continue. The right of becoming a pacca tenant by
depositing money shall firstly be that of the tenant of the sub-tenant, if any,
and if he fails to deposit money shall be that of the sub-tenant :- (a)
In case of
sub-tenant of Gair Marusi tenant. - An amount
equal lo the double of the net annual income of that land of the Gair Marusi
tenant. (b)
In the case of a
sub-tenant of a Marusi or Sakitulmiikiat tenant. - An amount equal to six times the net
annual income of that land of the Marusi or Sakitulmiikiat tenant. (c)
In the case of a
sub-tenant of the Khud-kasht or Sir of the proprietor. - An amount equal to six times the net
annual income of that land of the proprietor. (d)
In the case of a
tenant of a sub-tenant :- (1)
If he is a tenant
of a sub-tenant in the Khud-kasht or Sir of the proprietor. - An amount equal to six times the net
annual income of that land of the proprietor, out of which 85% shall be given
to the proprietor and 15% to the sub-tenant. (2)
In case of any
other tenant of a sub-tenant. - An amount
equal to eight times the net annual income of that land of the original tenant
out of which 8% shall be given to the original tenant and 15% to the
sub-tenant. (e)
In case of a
sub-tenant or tenant of a sub-tenant of either description mentioned in (a),
(b), (c) and (d), if the well situate on his holding is a private one of the
proprietor or tenant or sub-tenant, as the case may be, and no land of the
proprietor, tenant or sub-tenant other than the land of that holding is watered
from that well. - By way of compensation so much of l he amount as the Suba may
assess after considering the points mentioned in Schedule III : Provided that a
sub-tenant or tenant of a sub-tenant shall remain a sub-tenant or tenant of a
sub-tenant as before in case of disability mentioned in Section 74 of Madhya
Bharat Revenue Administration and Ryotwari Land Revenue and Tenancy Act, Samvat
2007. He shall have no right to become a pacca tenant by depositing the amount
under this sub-section. (3)
If the holding in
the possession of a tenant of a sub-tenant, he may deposit the money
within [6][eight] years
of the date of vesting, otherwise his right of becoming a pacca tenant shall
lapse and the sub-tenant may within six months of the expiry of the said [7][eight] years
deposit in the Tahsil, the amount mentioned in clauses (a), (b), (c) and (d) as
the case may be, of the preceding sub-section. If he fails to deposit such
amount within the said period, the proprietor or the original tenant, as the
case may be, shall be deemed to be the pacca tenant of that holding. (4)
If the holding be
in the possession of a sub-tenant he may deposit the money within [8][eight] years
of the date of vesting. On the expiry of [9][eight] years,
the original tenant or the proprietor, as the case may be, shall be deemed to
be the pacca tenant of that holding. (5)
If a sub-tenant or
a tenant of a sub-tenant fails to deposit the amount within the period
specified in sub-sections (3) and (4) then, notwithstanding anything contained
in his lease of contract, it shall be deemed that all his rights have ceased to
exist and that he is a trespasser on that land, and the proprietor, tenant or
sub-tenant, as the case may be. get him ejected under Section 90 of the Madhya
Bharat Revenue Administration and Ryotwari Land Revenue and Tenancy Act, Samvat
2007. (6)
Rent at the
village rale assessed in the current settlement shall be charged from every
original tenant, rent free tenant, concessional tenant, sub-tenant, or tenant
of a sub-tenant deemed to be a pacca tenant under this section. [10][Explanation. - (1) The pacca tenancy
rights under this section shall accrue or be acquired in respect of such land
only as may be in the actual possession of the tenant, sub-tenant or tenant of
a sub-tenant ] (2) In the case of
clauses (a), (b) and (d) (2) of sub-section (2), the net annual income shall be
the difference between the rent which the Gair Maurusi, Maurasi or
Sakitulmilkiyat tenant, as the case may be, receives from his sub-tenant and
the rent which he pays to the proprietor and in the case of Khudkasht or Sir
land of the proprietor mentioned in clauses (c) and (d) (1), the net annual
income shall be the difference between the rent which the proprietor receives
from his tenant and the rent determined in accordance with the village rate : Provided that the
rent charged from such of them including the Sakitulmilkiyat tenant, who have
been fully assessed in the current settlement shall continue to be the same as
assessed in the said settlement, till their reassessment in the next
settlement. Explanation. -
Current settlement means the settlement in force on the 1st November, 1953. Section [11][38A. Appeal against accrual
of Pacca Tenancy right (1)
From
every original order other than an interlocutory order in respect of any matter
provided for in Section 38, an appeal shall lie :- (i)
to the Collector,
if such order is passed by the Tahsildar; (ii)
to the
Commissioner, if such order is passed by the Collector, and the decision in the
appeal by the Collector or the Commissioner, as the case may be, shall be
final. (2)
An
appeal under sub-section (1) shall be preferred within 60 days :- (a)
from the
commencement of the Madhya Pradesh Zamindari Abolition (Second Amendment) Act,
1959 (16 of 1959) hereinafter in this section referred to as the said Act,
where the original order was passed on or after the twenty-fourth day of
September, 1958, and before the commencement of the said Act; (b)
from the date of
the order, where the order is passed, alter the commencement of the said Act. (3)
Where
before the commencement of the said Act, an appeal or revision against an order
of a Tahsildar or Collector, as the case may be, in respect of any matter
provided for in Section 38, is pending before any Revenue Officer or the Board
of Revenue, such appeal or revision shall, or such commencement, stand
transferred to the Revenue Officer who would have been competent to entertain
an appeal against such order under sub-section (1) if an appeal had been filed
such commencement and be disposed of by such officer. (4)
While
an appeal or revision of the nature referred to in sub-section (3) has, before
the commencement of the said Act, been rejected by any Revenue Officer or the
Board of Revenue on the ground that such Revenue Officer or the Board has no
jurisdiction to entertain the same, such appeal or revision shall, on an
application made within 60 days of such commencement, be re-admitted and
disposed of by the Collector or the Commissioner, as the case may be. as if it
were an appeal preferred in accordance with the provisions of sub-section (1). (5)
Nothing
contained in the foregoing sub-sections shall have the effect of conferring a
right of appeal where an appeal or revision preferred in respect of any matter
provided for in Section 38 has, before the commencement of the said Act, been
decided on merits. (6)
The
Court-fee payable on a memorandum of appeal shall be two rupees.] A person who has
taken land on lease from the proprietor for any purpose other than agriculture
shall apply within six months from the date of vesting, to obtain from the
Government a new lease under Section 101 (1) of Madhya Bharat Revenue
Administration and Ryotwari Land Revenue and Tenancy Act, Samvat 2007, and the
Government may grant a lease subject to such terms and conditions for securing
the rent and utility of land as may be deemed proper. From the date of vesting up
to the grant of new lease the person shall be deemed to be a lessee of the
Government for that land on the same conditions on which the lease was granted
to him by the proprietor. 11 the Government does not think it proper in the
public interest to grant the lease, the amount of compensation shall be paid at
market value. Any person
becoming a pacca tenant by virtue of Section 37 or 38 who does not have the
same rights in trees in his plot of land as in the plot itself, may apply to a
Tahsildar to fix the value of such right and purchase the right through him in
such manner as may be prescribed. When the
proprietary rights in any village, muhal, land, chak or block are vested in the
State under Section 3 of this Act. Every Sakitulmilkiyat, Pacca Maurusi, Mamuli
Maurusi, Gair Maurusi tenant of such village, muhal, land, chak or block who
was in possession of any holding shall, from the date of vesting, be deemed to
be a tenant of the Government and the proprietor shall also likewise. In
respect of the holding of his Khudkasht or Sir, be deemed to be a tenant of the
Government from the date of vesting and all provisions of Part II of Madhya
Bharat Revenue Administration and Ryotwari Land Revenue and Tenancy Act, Samvat
2007, shall, subject to other provisions of this Act, apply to such village,
muhal, land, chak or block are similar provisions of Qanoon Mai, Gwalior State,
Samvat 1983, and of other laws shall cease to apply : Provided that all
cases pending before any Revenue Court at the time of commencement of this Act
shall be decided according to the provisions of Acts and Laws heretofore in
force. (1)
Notwithstanding
anything contained in Qanoon Mai, Gwalior, Samvat 1983, on and from the date of
vesting, every proprietor acling as lambardar before such date in the land or
patti vesting in the State under Section 3 shall cease to act as such and the
Suba shall, in accordance with rules made in this behalf appoint a person as
Patel for each village on such terms and conditions as may be prescribed. (2)
Every such Patel
shall- (a)
collect and pay
into Government Treasury land revenue and rent payable by pacca tenants,
tenants and other persons in the village; (b)
perform such
duties and exercise such powers as may be prescribed. CHAPTER
VII Rehabilitation Grant (1)
There shall be
paid to every proprietor who has been divested of his proprietary right under
this Act and who earns his livelihood wholly or mainly from agriculture, except
a Supurdgidar, Mustajar, Sabik Zamindar, and Thekadar. a rehabilitation grant
as provided in Schedule 2 according to rules contained therein. (2)
Where the income
of any property vesting in the State was immediately before the date of vesting
being used for the maintenance or up keep of any religious, charitable or
public institution, the Government may, if it considers it expedient that such
institution should in public interest receive a further grant, grant an annuity
determined after having regard to the following matters, namely :- (a)
the portion of the
income from the property which has been generally used or applied for the
purpose of institution; (b)
the income from
interest or otherwise from the amount of compensation or rehabilitation grant
given under this Act; (c)
the income from
other properties held by the institution; (d)
the amount which
would be considered reasonable for fulfilling the objects of the institution so
far as they relate strictly to religious, charitable or public purposes. Any annunity so
granted may, from time to time, be revised by the Government. The rehabilitation
grant to be paid under Section 43 shall be payable from the date on which the
amount of compensation in respect of all the land of the divested proprietor is
determined. For the purpose of
a rehabilitation grant under this Act, every proprietor shall be treated as a
separate unit : Provided that in
the case of joint Hindu family :- (a)
a lather with his
male lineal descendants in the male line of descent shall, as respects joint
family property, be deemed to be one unit, where the father was alive on the
date of vesting; (b)
all the members
thereof shall, except as provided in clause (a), be treated as separate units. Explanation. - Notwithstanding any partition made on
or after the 17th January, 1949, a family shall be deemed joint. Notwithstanding
anything contained in any law for the time being in force, any transfers,
whether by way of sale or gift made by person in favour of his wife or a male
lineal descended or the wife of such descendant and vice-versa on or
after the 17th January, 1949, shall not for the purpose of assessment of a
rehabilitation grant, be recognised and the amount of rehabilitation grant
shall be assessed as if no such transfer had been made. (1)
A proprietor
entitled to receive the rehabilitation grant shall apply in writing in the
prescribed form giving the prescribed particulars to the [12][Deputy
Compensation Officer], for determination and payment of the grant and the
application shall be verified in the manner prescribed for the verification of
plants in the Code of Civil Procedure. (2)
The Deputy
Compensation Officer shall, after making such inquiry' as he deemed fit,
determine the amount of the grant and communicate the same to the officer
appointed by the Government in this behalf, who shall make payment of the grant
in the manner prescribed in Schedule 2. No amount granted
by way of rehabilitation grant shall be liable to seizure of attachment by
process of any Court or other authority at the instance of the creditor or on
any demand against the grantee or in execution of the decree or order of any
such Court or authority. Section 49. Appeal against
order of [13][Deputy Compensation
Officer]. - Against the order
of the [14][Deputy
Compensation Officer] passed under Section 47, an appeal on a stamp of
rupees two shall lie, within 30 days from the order, to the Compensation
Commissioner and the decision of the Compensation Commissioner shall be final. CHAPTER
VIII Miscellaneous Every entry in the
record of rights, the annual village papers and the register of proprietary
mutations in Madhya Bharat and every entry of such record maintained under any
Act for the time being in force in the enclaves merging in Madhya Bharat region
shall for purposes of assessment and payment of compensation be presumed to be
correct. Notwithstanding
anything contained in this Act, the mortgagee and not the mortgagor of a
village, muhal, land, chak or block in respect of which the mortgagor's right
of redemption has extinguished shall he deemed to be the proprietor of that
village, muhal. land, chak or block and the right to receive the compensation
and the rehabilitation grant under Sections 34 (3) and 43 shall also be that of
the mortgagee and not of the mortgagor. The Deputy
Compensation Officer, the Claims Officer and any authority hearing appeals from
the orders of such officer shall follow the procedure applicable to proceedings
under the Revenue Administration and Ryotwari Land Revenue and Tenancy Act,
Samvat 2007, may be, and shall have the same powers in reference lo proceedings
before them as a Revenue Officer has in reference to original or appellate
proceedings, as the case may be, under the Revenue Administration and Ryotwari
Land Revenue and Tenancy Act, Samvat 2007. (1)
The fee payable on
the memorandum of an appeal filed before the Compensation Officer under Section
14 (1) and the Compensation Commissioner under Section 14 (2) shall be one and
two rupees respectively. (2)
Save as otherwise
expressly provided in this Act, there shall be paid such Court-fees on every
application or document filed in the proceedings under this Act and such fees
for the issue or execution of any process as may be prescribed. (1)
No suit,
prosecution or other legal proceedings shall lie against any person for
anything which is in good faith done or intended to be done in pursuance of
this Act, or any rules made thereunder. (2)
No suit or other
legal proceeding shall lie against the Government for any damage caused or
likely to be caused or any injury suffered or likely to be suffered by virtue
of any provisions of this Act or by anything in good faith done or intended to
be done in pursuance of this Act or any rules made thereunder. All persons acting
in pursuance of the provisions of this Act shall be deemed to be public
servants within the meaning of that expression in the Indian Penal Code. Section 56. Effect of
provisions of Act and Rules inconsistent with other enactments.'- The provisions of
this Act and any rules made thereunder shall have effect notwithstanding
anything inconsistent herewith contained in any enactment other than this Act
or in any instrument having effect by virtue of any enactment other than this
Act. Any person who
states in the application signed, verified and submitted by him under this Act,
anything which is false or which he knows to be false or has reason to believe
it to be false or does not believe it to be true, shall be deemed to have
committed an offence punishable under Section 193 of Indian Penal Code. (1)
The Government may
make rules to carry out all or any of the purposes of this Act. (2)
In particular and
without prejudice to the generality of the foregoing power, the Government
shall have power to make rules with reference to :- (a)
the circumstances
and manner in which clearings for cultivation or for any other purpose shall be
made under Section 3; (b)
the management of
lands vesting in the State under Section 3; (c)
the conditions and
terms of security, indemnity etc., for interim payment; (d)
the form in which
a statement of claim may be submitted and such further particulars that should
be given in the statement of claims under Section 11; (e)
the form of and
the details to be incorporated in the statement showing the amount of
compensation due to the claimant under Section 12; (f)
the prescription
of an authority or bank with which the compensation payable to a waqf, trust or
endowment or a minor or a person suffering from legal disability may be
deposited under Section 34; (g)
the appointment of
a Patel, the terms and conditions of his appointment, the duties to be
performed and the powers lo be exercised by him under Section 42; (h)
the prescription
of the form of application and particulars to be given therein for the
rehabilitation grant; (i)
the prescription
of the fees under Section 53 (2). Schedule
I [See Section 8] 1.
Basic year. - The expression "Basic Year" means
the agricultural year preceding the agricultural year in which the date of
vesting falls. 2.
Calculation of
gross income. - The gross income
a village, muhal, chak or block shall include the following :- (a)
Rent payable in
cash as recorded in Jamanbandi for the basic year; (b)
the amount
computed at the settlement rates for :- (i)
the land held by
proprietor as defined in Section 2 (a) as Khud-kasht or Sir; (ii)
the land held by
tenants for which the rent is payable in kind; (iii) the land held by tenants for which rent
payable has not been determined (rent-free land); (iv)
the land held by
tenants on concessional rent; (c)
the Sivai-jama
income which shall be an amount equal to one-fifth of such total income during
the five agricultural years from Samvat 2000 to 2004 as recorded in the Siyaha
of the village, muhal, chak or block. 3.
Calculation of net
income. - (1) The net income of a
village, muhal, chak or block shall be calculated by deducting from the gross
income the sums under the following heads, namely :- (a)
in the case of a
village or muhal, the land revenue of the village or muhal, in the basic year,
together with Chaukidari payable to Government and the case of a chak or block,
the land revenue which may have or may become payable to Government after 25
years from the grant of the chak or block; (b)
an amount of the
cost of management and realisation of rents and in lieu of irrecoverable
arrears of rent ten per cent of the gross income in case when gross annual
income of the village, muhal, or block exceeds Rs. 2000 and seven per cent in
other cases. (2)
Notwithstanding anything contained in sub-rule (1), the net income shall in no
case be less than 5 per cent of the gross income. 4.
Amount of
compensation money. - The
compensation payable to the proprietor under Section 8 (1) shall be eight times
the net income determined in accordance with the provisions hereinbefore
contained : Provided that the
chakdar or blockdar who has completely fulfilled the conditions of his lease
shall be entitled to the refund of the deposit money together with interest
thereon deposited by him at the time of taking the lease. 5.
Instalments of
compensation money. - The
compensation money shall be paid in instalments not exceeding a period of ten
years. Schedule
II [See Section 48] Rehabilitation Grant Rules 1.
Rehabilitation
grant shall be paid according to the following table :- Serial No. Proprietor to whom the rehabilitation grant is to be
paid The amount of rehabilitation grant which is to be paid 1. A Proprietor paying annual land revenue up to Rs. 25. 12 times of the net income 2. A proprietor paying annual land revenue exceeding Rs.
25 but not Rs. 50. 10 times of the net income 3. A proprietor paying annual land revenue exceeding Rs.
50 but not Rs. 100. 8 times of the net income 4. A proprietor paying annual land revenue exceeding Rs.
100 but not Rs. 250. 6 times of the net income 5. A proprietor paying annual land revenue exceeding Rs.
250 but not Rs. 500. 4 times of the net income 6. A proprietor paying annual land revenue exceeding Rs.
500 but not Rs. 2,000. 2 times of the net income 7. A proprietor paying annual land revenue exceeding Rs.
2,000 but not Rs. 3,500. 1 time of the net income 8. A proprietor paying annual land revenue exceeding Rs.
3,500. Nil Explanation. -
(1) For the purposes of this rule, the land revenue to be paid by the
proprietor and his net income shall include land revenue and net income, as the
case may be, of all his land situated in Madhya Bharat. (2) In case of
superior and inferior proprietors, the rehabilitation grant shall be payable to
the inferior proprietor only. 2.
For the purposes
of these rules, the land revenue paid by the proprietor shall be the land
revenue payable by him for the agricultural year preceding the date of vesting. 3.
For the purposes
of these rules the net income shall be calculated in the manner provided in
Schedule I. 4.
The rehabilitation
grant up to Rs. 250 shall be paid in lump-sum, the remaining further sum, if
any, shall be paid by instalments of not more than ten years. No interest shall
be payable on rehabilitation grant. 5.
On death of a
proprietor, his legal heir shall be entitled to obtain the sum of the
rehabilitation grant. 6.
The assessment of
the rehabilitation grant shall be made by the [15][Deputy Compensation Officer] within
whose jurisdiction the proprietor resides and if the proprietor does not reside
within the jurisdiction of any Compensation Officer, it shall be so made by
the [16][Deputy Compensation Officer], within whose
jurisdiction the city of Lashkar may be situated. Schedule
III [See Section 38 (2)] The points to be
considered while determining amount of compensation with regard to wells :- (1)
The utility of a
well for a holding. (2)
The amount spent
over the construction of a well. (3)
Present condition
of the well. (4)
The time expired
since the construction of well. [1] W.e.f. 25-06-1951; Vide
Notification No. 3250 (2) D.A. dated 25-06-1951, Revenue Department; published
in M.B. Government Gazette, Extraordinary, dated 25-06-1951. [2] Substituted by M.B. Act No.
23 of 1952. [3] Omitted by M.B. Act No. 23
of 1952. [4] Omitted by M.B. Act No. 23
of 1952. [5] Substituted by M.P. Act No.
23 of 1952. [6] Substituted by M.P. Act No.
26 of 1958. [7] Substituted by M.P. Act No.
26 of 1958. [8] Substituted by M.P. Act No.
26 of 1958. [9] Substituted by M.P. Act No.
26 of 1958. [10] Added by M.B. Act No. 31 of
1955. [11] Inserted by M.P Act No. 16
of 1959. [12] Substituted by M.B. Act No.
29 of 1956. [13] Substituted by M.B. Act No.
29 of 1956. [14] Substituted by M.B Act No.
29 of 1956. [15] Substituted by M.P Act No. 9
of 1959. [16] Substituted by M.P Act No. 9
of 1959.Madhya Bharat Zamindari
Abolition Act, Samvat 2008
Section 1. Title, extent
and commencement
Section 3. Vesting of
proprietary rights in the State
Section 4. Consequence by
the vesting of an estate in the State
Section 5. Private wells,
trees, buildings, house sites, and enclosures
Section 6. Suba to take
possession of property vesting in the State
Section 8. Duty to pay
compensation
Section 10. Appointment of
Deputy Compensation Officer
Section 11. Submission of
statement of claims
Section 12. Determination
of Compensation
Section 13. Questions of
title
Section 14. Appeal,
revision and review
Section 15. Injunction by
Civil Court barred
Section 17. Appointments of
Claims Officers
Section 18. Applications to
Claims Officer
Section 19. Stay of
Proceedings
Section 20. Preliminary
proceedings
Section 21. Submission of
claims by creditors
Section 22. Power of Claims
Officer to require proof of validity and subsisting character of debts
Section 23. Calculating of
interest in all transactions
Section 24. Priority amongst
creditors
Section 25. Distribution of
compensation amount among the creditors
Section 26. Order regarding
unpaid amount of claim
Section 27. Recoveries of
unpaid amount
Section 31. Finality of
decisions
Section 32. Bar against
jurisdiction for Courts in certain matters
Section 34. Payment of
compensation
Section 35. Compensation
money to be placed at the disposal of the Court
Section 36. Payment of
compensation to Mustajar and Supurdgidar
Section 37. Conferral of
pacca tenancy rights on proprietor
Section 38. Conferral of
pacca tenancy right on tenant and sub-tenants
Section 39. Grant of fresh
lease for land given for purposes other than agriculture
Section 41. Tenant to be
deemed to be a Government's tenant from the date of vesting and Land Revenue
Administration and Ryotwari Act to apply to the vested land
Section 42. Appointment of
a Patel for collection of land revenue and rent
Section 43. Rehabilitation
grant
Section 44. Date from which
the grant shall be payable
Section 45. Every
proprietor to be treated as a separate unit
Section 46. Certain
transfers effected after 17th January, 1949, not to be recognised
Section 47. Application for
rehabilitation grant
Section 48. Bar on seizure
or attachment of the amount of grant
Section 50. Presumption
about entries in record of rights etc
Section 51. The right of
mortgagee to receive compensation, etc. when the mortgagor's right of
redemption is extinguished
Section 54. Protection of
action taken under this Act
Section 55. Persons acting
under this Act to be deemed to be public servants
Section 57. Punishment for
false application
Section 58. Power to make
rules