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Maharashtra Revenue Jurisdiction Act, 1876

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[Maharashtra Revenue Jurisdiction Act, 1876][1]


[2][Bombay Act 10 of 1876][3]

[28th March, 1876]

An Act to limit the jurisdiction of the Civil Courts throughout the Bombay Presidency in matters relating to the land revenue, and for other purposes.

Preamble.-Whereas in certain parts of the Presidency of Bombay the jurisdiction of the Civil Courts in matters connected with the land-revenue is more extensive than it is in the rest of said Presidency;

and whereas it is expedient that the jurisdiction of all the Civil Courts in the said Presidency should be limited in manner hereinafter appearing;

and whereas it is also expedient to amend the [4]Bombay Civil Courts Act, Section 32 and to revive certain provisions of the [5]thirteenth section of Regulation 17 of 1827 of the Bombay Code, which was repealed by the Land Improvement Act, 1871 (14 of 1869, 26 of 1871) [6][* * *]

It is hereby enacted as follows:-

Section 1. Short title.-


This Act may be called [7][the Maharashtra Revenue Jurisdiction Act, 1876].

Commencement.-So much of Section 4 as relates to claims to set aside, on the ground of irregularity, mistake or any other ground except fraud, sales for arrears of land revenue, [8][shall come into force in the Presidency of Bombay on such[9] day] as the Governor-General in Council directs in that behalf by notification in the Gazette of India. The rest of this Act shall [10][come into force therein on the passing thereof];

Extent- and it shall extend to [11][the [12][State of Maharashtra]], but not so as to

(a)      any suit regarding the assessment of revenue on land situate in [13][the City of Bombay], or the collection of such revenue;

(b)      any of the provisions of Bombay Acts 5 of 1862 and of 1862, or, of [14][Act [15][21 of 1881] or of [16][Act 23 of 1871];

(c)      [17][* * *]

Section 2. Repeal of enactments.-


[18][* * *]

Section 3. Interpretation clause.-


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

“land” includes the sites of villages, towns and cities; it also includes trees, growing crops and grass, fruit upon, and juice in, trees, rights-of-way, ferries, fisheries and all other benefits to arise out of land, and things attached to the earth or permanently fastened to things attached to the earth;

“land-revenue” means all sums and payments in money or in kind, received or claimable by or on behalf [19][of the [20][Government]] from any person on account of any land held by or vested in him, and any class or rate authorized [21][by the [22][State] Government] under the provisions of any law for the time being in force;

“Revenue officer” means any officer employed in or about the business of the land-revenue, or of the surveys, assessment, accounts or records connected therewith.

Section 4. Bar of certain suits.-


Subject to the exceptions hereinafter appearing, no Civil Court shall exercise jurisdiction as to any of the following matters:

(a)      [23][claims against the [24][Government]] relating to any property appertaining to the office of any hereditary officer appointed or recognised under [25]Bombay Act 3 of 1874 or any other law for the time being in force, or of any other village-officer or servant, or

claims to perform the duties of any such officer or servant, or in respect of any injury caused by exclusion from such office or service, or

suits to set aside or avoid any order under the same Act or any other law relating to the same subject for the time being in force passed [26][by the [27][State] Government] or any officer duly authorized in that behalf, or

[28][* * *]

(b)      objections-

to the amount or incidence of any assessment of land revenue authorized [29][by the [30][State] Government] or

to the mode of assessment, or to the principle on which such assessment is fixed, or

to the validity or effect of the notification of survey or settlement, or of any notification determining the period of settlement;

(c)      claims connected with or arising out of any proceedings for the realization of land-revenue or the rendering of assistance [31][by the [32][State] Government] or any officer duly authorized in that behalf to superior holders or occupants for the recovery of their dues from inferior holders or tenants;

claims to set aside, on account of irregularity, mistake or any other ground except fraud, sales for arrears of land revenue;

(d)      [33][claims against the [34][Government]]-

(1)     to be entered in the revenue-survey or settlement-records or village-papers as liable for the land-revenue, or as superior holder, inferior holder, occupant or tenant, or

(2)     to have any entry made in any record of a revenue-survey or settlement or

(3)     to have any such entry either omitted or amended;

(e)      the distribution of land or allotment of land-revenue on partition of any estate under [35]Bombay Act 4 of 1868 or any other law for the time being in force;

(f)       [36][claims against the [37][Government]]-

to hold land wholly or partially free from payment of land-revenue or to receive payments charged on or payable out of the land-revenue, or to set aside [38][any cess, rate, premium or penalty imposed, assessed or authorized] [39][by the [40][State] Government] under the provisions of any law for the time being in force, or

respecting the occupation of waste or vacant laid belonging [41][to the [42][Government]];

[43][(fa) claims Against the Government or any Revenue Officer for remission or suspension of land revenue, or for a declaration that crops have failed in any year;

(fb) suit to set aside or modify decision determining village site or abadi made by the Collector or a survey officer under the Bombay Land Revenue Code, 1879 (Bom. Act 5 of 1879) or by any Revenue Officer under any other law for the time being in force;

(fc) suit to compel the performance of any duty imposed any Revenue Officer by or under any law relating to land revenue;

(fd) suit for or in respect of the declaration of a Bhumidhari as having the rights of a Bhumiswami under Section 150 of the Madhya Pradesh Land Revenue Code, 1954 (M.P. Act 2 of 1955);

(fe) application for purchase of right in trees under sub-section (3) of Section 162 of the Madhya Pradesh Land Revenue Code, 1954 (M.P. Act 2 of 1955);

(ff) suit to modify any entry in the Nistar Patrak prepared under Section 219 of the Madhya Pradesh Land Revenue Code, 1954 (M.P. Act 2 of 1955);]

(g)      claims regarding boundaries fixed under [44]Bombay Act 1 of 1865, or any other law for the time being in force, or to set aside any order passed by a competent officer under any such law with regard to boundary-marls:

Proviso.-Provided that, if any person claim to hold wholly or partially exempt from payment of land-revenue under-

(h)     any enactment for the time being in force expressly creating an exemption not before existing in favour of an individual or of any class of persons, or expressly confirming such an exemption on the ground of its being shown in a public record or of its having existed for a specified term of years, or

(i)       (i) an instrument or sanad given by or by order of the [45][[46][State] Government] under Bombay Act 2 of 1863, Section 1, clause first, or Bombay Act 7 of 1863, Section 2, clause first, or

[47][(ii) any instrument, sanad or other written grant duly given or made by any of the Governments of the territories, which immediately before the commencement of the States Reorganisation Act, 1956 (30, 7 of 1956) were comprised in the State of Subs. by A.O. 1960. Hyderabad or Madhya Pradesh] and which now form the State of Maharashtra, or]

(j)       any other written grant by the British Government expressly creating or confirming such exemption, or

(k)      a Judgment by a Court of law, or an adjudication duly passed by a competent officer under [48]Bombay Regulation 17 of 1827, Chapter X, or under [49]Act 11 of 1852 [50][or any other law for the time being in force], which declares the particular property in dispute to be exempt, such claim shall be cognizable in the Civil Courts.

Illustrations to (h).

(1)     It is enacted that, in the event of the proprietary right in lands, the property of Government being transferred to individuals, they shall be permitted to hold the lands for ever at the assessment at which they are transferred. The proprietary right in certain lands is transferred to A at an assessment of Rs. 100. An exemption from higher assessment not before existing is expressly created in favour of A by enactment, and he may seek relief in the Civil Court against over-assessment.

(2)     It is enacted that, when a specific limit to assessment has been established and preserved, the assessment shall not exceed such specific limit. A is the owner of land worth Rs. 100 for assessment. He claims to be assessed at Rs. 50 only on the strength of a course of dealing with him and his predecessors under which his land has not been more highly assessed. There is no exemption not before existing created by enactment, and A's claim is not cognizable in a Civil Court.

(3)     It is enacted that land-revenue shall not be leviable from any land held and entered in the land-registers as exempt. A claims to hold certain land as exempt on the ground that it has been so held by him, and is so entered in the land-register. This is an exemption expressly confirmed by enactment on the ground of its being shown in a public record, and A's claim is cognisable in a Civil Court.

(4)     It is enacted that the Collector shall confirm existing exemptions of all lands shown in certain maps to be exempt. A claims exemption, alleging that his land is shown in the maps to be exempt. A's claim is cognizable in a Civil Court.

(5)     It is enacted that assessment shall be fixed with-reference to certain considerations and not with reference to others. This is not an enactment creating an exemption in favour of any individual or class, and no objection to an assessment under such an enactment is, cognizable in a Civil Court.

Section 5. Saving of certain suits.-


Nothing in action 4 shall be held to prevent the Civil Courts from entertaining the following suits:

(a)      suits [51][against the [52][Government]] to context the amount claimed, or paid under protest, or recovered, as land-revenue, on the ground that such amount is in excess of the amount authorized in that behalf [53][by the [54][State] Government] or that such amount had, previous to such claim, payment or recovery, been satisfied, in whole or in part or that the plaintiff, or the person whom he represents is not the person liable for such amount;

(b)      suits between private parties for the purpose of establishing any private right, although it may be affected by any entry in any record of revenue-survey or settlement or in any village-papers;

(c)      suits between superior holders or occupants and inferior holders or tenants, regarding the dues claimed or recovered from the latter;

and nothing in Section 4, Clause (g), shall be held to prevent the Civil Courts from entertaining suits, other than suits [55][against the [56][Government]] for possession of any land being a whole survey-number or a recognized share of a survey-number;

[57][and nothing in Section 4 shall be held to prevent the Civil Courts in the districts mentioned in the Second Schedule hereto annexed from exercising such jurisdiction as, according to the terms of any law in force on the twenty-eighth day of March, 1876, they could have exercised over claims [58][against the [59][Government]-

(a)      relating to any property appertaining to the office of any hereditary officer appointed or recognized under [60]Bombay Act 3 of 1874 or any other law for the time being in force, or of any other village-officer or servant;

(b)      to hold land wholly or partially free from payment of land-revenue;

(c)      to receive payments charged on, or payable out of, the land-revenue.]

Section 6. Bar of certain suits against Revenue-officers.-


Revenue-officers shall not be liable to be sued for damages in any Civil Court for any act bona fide done or ordered to be done by them as such in pursuance of the provisions of any law for the time being in force.

If any Revenue-officer absconds or does not attend when called on by his official superior, and if the Collector of the district proceeds against him or his sureties for public money, papers or property according to the provisions of any law for the time being in force, such Collector shall not be liable to pay damages or costs in any suit brought against him by such officer or sureties although it appears that a part only, or no part whatever, of the sum demanded was due from the officer so absconding or failing to attend, or that he was not in possession of the papers or property demanded of him.

Section 7. Punishment or prosecution of Revenue-officers no bar to civil remedies.-


Nothing in any law for the time being in force which authorizes the punishment departmentally of any Revenue-officer for any offence or breach of duty, or which sanctions his prosecution criminally for such offence or breach, shall be held to bar any remedy which may be had in the Civil Court against such officer.

Section 8. Officers to answer in suits against them for acts done by order of superior authority.-


[61][* * *]

Section 9. Appeals from proceedings of Revenue officers.-


[62][* * *]

Section 10. Power to Local Government to call for record.-


[63][* * *]

Section 11. Suits not to be entertained unless plaintiff his exhausted right of appeal.-


[64][Except as otherwise expressly provided in the Maharashtra Land Revenue Code, 1966 (Mah. Act 41 of 1966), no Civil Court shall entertain] any suit [65][against the [66][Government]] on account of any act or omission of any Revenue-officer unless the plaintiff first proves that previously to bringing his suit, he has presented all such appeals allowed by the law for the time being in force as, within the period of limitation allowed for bringing such suit, it was possible to present.

Section 12. Power of [67][State] Government to refer questions for decision of High Court.-


If, in the rial or investigation of any suit, claim or objection which, but for the passing of this Act, might have been tried or investigated by a Civil Court, there arises any question on which [68][* * *] the [69][[70][State] Government] desires to have the decision of the High Court, [71][* * *] the [72][[73][State] Government] [74][* * *] may cause a statement of the question to be prepared, and may refer such question for the decision of the High Court [75][* * *]

The said High Court shall fix an early day for the hearing of the question referred, and cause notice of such day to be placed in the court-house.

The parties to the case may appear and be heard in the High Court in person or by their advocates or pleaders.

The High Court when it has heard and considered the case, shall send a copy of its decision, with the reasons therefor, under the seal of the Court, to the Government by which the reference was made and, subject to any appeal which may be presented to [76][the Supreme Court] the case shall be disposed of conformably to such decision.

If the High Court considers that any such statement is imperfectly framed, the High Court may return it for amendment.

The costs (if any) consequent on any such reference shall be dealt with as the High Court in each case directs.

Section 13. Power of Civil Judge to refer questions of jurisdiction to High Court.-


If in any suit instituted, or in any appeal presented, in a Civil Court, the Judge doubts whether he is precluded by this Act from taking cognizance of the suit or appeal, he may refer the matter to the High Court.

The High Court may order the Judge making the reference either to proceed with the case or to return the plaint.

The order of the High Court on any such reference shall be subject to appeal to [77][the Supreme Court], and, save as aforesaid, shall be final.

Section 14. Composition of Bench.-


Every reference under Section 12 or Section 13 shall be heard by a Bench consisting of such number of Judges, not less than three, as the Chief Justice from time to time directs.

Section 15. Amendment of Section 32 of Act 14 of 1869.-


[78][* * *]

[79][Section 16. Privileges of the [80][Government] [81][* * *] [in suits defended by it.-


Whenever any suit is brought in any Court of a subordinate judge of the first class [82][against the [83][Government] [84][* * *] or against any Revenue Officer, [85][and the [86][Government] [87][* * *] undertakes] the defence thereof, it shall be lawful [88][for the [89][State] Government], by certificate signed by a Secretary thereto, to require that the trial of any such suit shall have precedence over the trial of any other suit or other civil proceeding then pending in the Court of the first class subordinate judge, or, if the suit is transferred, in the Court of the District Judge; and the Court shall give effect to every such requirement.

The privilege conferred [90][on the Provincial Government] by this section shall, mutatis mutandis, apply to any appeal or special appeal against any decree in any such suit as is described in this section.

Section 17. Revival of Bombay Regulation 17 of 1827, Section 13.-


[91][* * *]

[92][SCHEDULE]

[93][THE SECOND SCHEDULE

The district of Ahmedabad.

The district of Kaira, exclusive of the Panch Mahals.

The district of Broach.

The district of Surat, exclusive of the lapsed State of Mandvi, as described in the Schedule annexed to [94][Act 10 of 1848].

The district of Thana.

The district of Kolaba, exclusive of the lapsed State of Kolaba mentioned in [95][Act 8 of 1853].

The district of Ratnagiri.

The district of Kanara.]


[1] This Act was extended, and by such extension shall be in force, throughout the State of Bombay (vide Bom. 48 of 1959, S. 2).

[2] Repealed in part by Act 4 of 1894, Repealed in part by Act 16 of 1895, Repealed in part by Act and amended by Act 15 of 1880, Repealed in part by Act and amended by Act 12 of 1891, Amended by Act 16 of 1877, Amended by Act Bom. 21 of 1929, Adapted and modified by the Adaptation of Indian Laws Order in Council, Repealed in part by Act 1 of 1938, Amended by Bom. 17 of 1945, Adapted and modified by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948, Adapted and modified by the Adaptation of Laws Order, 1950, Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, Adapted and modified by the Adaptation of Laws (No. 2) Order, 1956, Amended by Bom. 48 of 1959, Amended by Mah. 41 of 1966 and Amended by the A.O., 1960

[3] For Statement of Objects and Reasons, see Gazette of India, 1873, Pt., v, p. 534, for Preliminary Report of the Select Committee, see ibid., 1874, Pt. V, p. 70; for further Report of the Select Committee, see ibid., 1875, Pt. v, p. 210; and for Proceedings in Council, see ibid., 1875, Supplement p. 4 and ibid., 1876, Supplement pp. 344 and 405.

[4]  Supra.

[5] S. 17 of this Act which revised S. 13 of Bom. Reg. 17 of 1827 was Repealed by Act 15 of 1880, except in scheduled districts, i.e., the villages belonging to the following Mehwassi Chiefs: (1) The Parvi of Kathi; (2) The Parvi of Nal; (3) The Parvi of Singpur; (4) The Walvi of Gaohalli”; (5) The Wassawa of Chikhli; (6) The Parvi of Nawalpur to which the Bombay Land Revenue Code, 1879 (Bom. Act 5 of 1879), has not been extended; see S. 2 of Act 15 of 1880.

[6] The words “and to provide for the recovery by the Local Government of advances made for purposes other than those specified in section three of the Land Improvement Act, 1871,” repealed by the Repealing and Amending Act, 1894 (4 of 1894), S. 2 & Schedule I (w.e.f. 23-2-1894).

[7]  Subs. for “the Bombay Revenue Jurisdiction Act, 1876” by Maharashtra Act 24 of 2012, S. 2 (w.r.e.f. 1-5-1960).

[8] Subs. for “shall come into force on such day” by Bom. 48 of 1959, S. 3(a).

[9] The 19th September 1881-see notification No. 197, dated 18th March 1881, in Gazette of India, 1881, Pt. I, p. 92.

[10]  Subs. for “come into force on the passing thereof” by Bom. 48 of 1959, S. 3(b).

[11] Subs. for “all the territories under the Government of the Governor of Bombay in Council” by the Adaptation of Laws Order, 1950.

[12] Subs. for “State of Bombay” by A.O. 1950.

[13] Subs. for “the City of Bombay” by S. 9 of the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. Act 17 of 1945), Sch. E. road with Bom. 52 of 1947, S. 2 proviso.

[14] Subs. for “Act 15 of 1871” by the Repealing and Amending Act, 1891 (12 of 1891).

[15]  The Broach and Kaira Incumbered Estates Act, 1881.

[16] The Pensions Act, 1871.

[17] Repealed by the Repealing and Amending Act, 1895 (16 of 1895) Sec. 2 & Schedule I (w.e.f. 10-10-1895). Prior to repeal it read as:

“(c) any suit instituted before the passing of this Act.”

[18] Repealed by Mah. Act 12 of 1891, S. 2 & Schedule I (w.e.f. 21-3-1891). Prior to repeal it read as:

“2. Repeal of enactments.- The enactment mentioned in the schedule hereto annexed are repealed to the extent specified in the third column thereof.”

[19] Subs. for “of the Crown” by the Adaptation of Indian Laws Order in Council.

[20] Subs. for “Crown” by the Adaptation of Laws Order, 1950.

[21] The words “by the Provincial Government” were substituted for the words “by Government” by the Adaptation of Indian Laws Order in Council.

[22] Subs. for “Provincial” by the Adaptation of Laws Order, 1950.

[23] Subs. for “claims against the Grown” by the Adaptation of Indian Laws Order in Council.

[24]  Subs. for “drown” by the Adaptation of Laws Order, 1950.

[25] The Bombay Hereditary Officers Act, 1874.

[26] Subs. for “by the Provincial Government” by the adaptation of Indian Laws Order in Council.

[27] Omitted for paragraph “claims against the Government relating to lands held under treaty” and ending with the words “to be held for service” was deleted by Bom. 48 of 1988, S. 4(i).

[28] Omitted for paragraph “claims against the Government relating to lands held under treaty” and ending with the words “to be held for service” was deleted by Bom. 48 of 1988, S. 4(i).

[29] Subs. for “by the Provincial Government” by the Adaptation of Indian Laws Order in Council.

[30] Subs. for “Provincial” by the Adaptation of Laws Order, 1950.

[31] Subs. for “by the Provincial Government” by the Adaptation of Indian Laws Order in Council.

[32]  Subs. for “Provincial” by the Adaptation of Laws Order, 1950.

[33] Subs. for “claims against the Grown” by the Adaptation of Indian Laws Order in Council.

[34] Subs. for “drown” by the Adaptation of Laws Order, 1950.

[35] Bom. 4 of 1868, Bom. 1 of 1866 (except ss. 37 and 38) and Bom. Reg. 17 of 1827 are repealed by the Bombay Land Revenue Code, 1879 (Bom. Act 5 of 1879), in areas in which the latter Act is in force. Ss. 37 and 38 of Bom. I of 1865 are repealed so far as they apply to any village in the Ratnagiri or the Kolaba District to which the Khoti Settlement Act, 1880 (Bom. Act 1 of 1880), extends or is extended.

[36] Subs. for “claims against the Crown” by the Adaptation of Indian Laws Order in Council.

[37]  Subs. for “Crown” by the Adaptation of Laws Order, 1950.

[38] Subs. for “any cess or fate authorized” by Bom. 48 of 1859, S. 4(ii).

[39]  Subs. for “by the Provincial Government” by the Adaptation of Indian Laws Order in Council.

[40]  Subs. for “Provincial” by the Adaptation of Laws Order, 1950.

[41] Subs. for “to the Crown” by the Adaptation of Indian Laws Order in Council.

[42] Subs. for “Crown” by the Adaptation of Laws Order, 1950.

[43]  Clauses (fa) to (ff) were inserted by Bom. 48 of 1959, S. 4(iii).

[44] Bom. 4 of 1868, Bom. 1 of 1866 (except ss. 37 and 38) and Bom. Reg. 17 of 1827 are repealed by the Bombay Land Revenue Code, 1879 (Bom. Act 5 of 1879), in areas in which the latter Act is in force. Ss. 37 and 38 of Bom. I of 1865 are repealed so far as they apply to any village in the Ratnagiri or the Kolaba District to which the Khoti Settlement Act, 1880 (Bom. Act 1 of 1880), extends or is extended.

[45] Subs. for “Provincial Government” by the Adaptation of Indian Laws Order in Council.

[46] Subs. for “Provincial” by the Adaptation of Laws Order, 1960.

[47] Clause (ii) were inserted by Bom. 48 of 1959, S. 4(iv).

[48] Bom. 4 of 1868, Bom. 1 of 1865 (except ss. 37 and 38), and Bom. reg. 17 of 1827 are repealed by the Bombay Land-Revenue Code, 1879 (Bom. Act 5 of 1879), in areas in which the latter Act is in force. Ss. 37 and 38 of Bom. 1 of 1865 are repealed so far as they apply to any village is the Ratnagiri or the Kolaba District to which the Khoti Settlement Act, 1880 (Bom. Act 1 of 1880), extends or is extended.

[49] Bombay Rent-free Estates Act, 1852.

[50] Ins. by Bom. 48 of 1959, S. 4(iv).

[51] Subs. for “against the Crown” by the Adaptation of Indian Laws Order in Council.

[52]  Subs. for “Crown” by the Adaptation of Laws Order, 1950.

[53] Subs. for “by the Provincial Government” by the Adaptation of Indian Laws Order in Council.

[54] Subs. for “Provincial” by the Adaptation of Laws Order, 1950.

[55] Subs. for “against the Crown” by the Adaptation of Indian Laws Order in Council.

[56] Subs. for “Crown” by the Adaptation of Laws Order, 1950.

[57] Ins. by Bombay Revenue Jurisdiction (Amendment) Act, 1877 (16 of 1877).

[58] Subs. for “against the Crown” by the Adaptation of Indian Laws Order in Council.

[59]  Subs. for “Crown” by the Adaptation of Laws Order, 1950.

[60] The Bombay Hereditary Offices Act.

[61] Repealed by Bom. Act 15 of 1880, S.2 (w.e.f. 3-11-1880). Prior to Repeal it read as:

“8. Officers to answer in suits against them for acts done by order of superior authority.-if any act done by a Revenue officer under orders from superior authority subsequently forms the ground of a civil suit against him. He shall appear and answer in such suit as if the act had been done solely by his own authority.”

[62] Repealed by Bom. Act 15 of 1880, S.2 (w.e.f. 3-11-1880). Prior to Repeal it read as:

“9. Appeals from proceedings of Revenue officers.-In every case in which but for the passing of this Act any act or omission of a Revenue officer would have been open to question in a Civil Court, any party aggrieved by such act or omission may, if no other appeal is given by any law for the time being in force, present an appeal, within two months from the date of such act or omission, to the immediate official superior of such officer; and if such official superior be of a grade inferior to that of a Commissioner of Revenue, then the party aggrieved by his decision on appeal may present a further appeal against such decision to the Commissioner of Revenue or such other officer as the Local Governmnet appoints in this behalf. Such further appeal must be presented within one month from the date of the decision complained of. Any appeal under this Section may be admitted after the period of limitation prescribed therefor when the appellant satisfies the officer appealed to that he had sufficient cause for not presenting the appeal within such period. In computing any period of limitation so prescribed, the day on whicg the act, omission or decision complained of took place or was pronounced shall be excluded.”

[63] Repealed by Bom. Act 15 of 1880, S.2 (w.e.f. 3-11-1880). Prior to Repeal it read as:

“10. Power to Local Government to call for record.- The Local Government may call for and examine the record of the proceedings on appeal under Section nine of any officer for the purpose of satisfying itself as to the legality or propriety of any order passed by him, and may reverse or modify his order, or, if it think fit, may direct that additional evidence be taken, or that the appeal be reheard.”

[64] Subs. for “No Civil Court shall entertain” by Mah. 41 of 1966, S. 334 (Schedule K).

[65] Subs. for “against the Crown” by the Adaptation of Indian Laws Order in Council.

[66]  Subs. for “Crown” by the Adaptation of Laws Order, 1950.

[67] Subs. for “Provincial” by the Adaptation of Laws Order, 1950.

[68] The words “the Governor General in Council or” omitted by Adaptation of Indian Laws Order in Council.

[69] Subs. for “Provincial Government” by Adaptation of Indian Laws Order in Council.

[70] Subs. for “Provincial” by the Adaptation of Laws Order, 1950.

[71] The words “the Governor General in Council or” omitted by Adaptation of Indian Laws Order in Council.

[72] Subs. for “Provincial Government” by Adaptation of Indian Laws Order in Council.

[73] Subs. for “Provincial” by the Adaptation of Laws Order, 1950.

[74] The words “as the case may be” omitted by Adaptation of Indian Laws Order in Council.

[75] The words “of Judicature at Bombay” omitted by Adaptation of Laws (No. 2) Order, 1956.

[76]  Subs. for “Her Majesty in Council” by the Adaptation of Laws Order, 1950.

[77] Subs. for “Her Majesty in Council” by the Adaptation of Laws Order, 1950.

[78] Repealed by Mah. Act 1 of 1938, S. 2 & Schedule, dated 26-2-1938. Prior to Repeal it read as:

“15. Amendment of Section 32 of Act 14 of 1869.- For Section thirty-two of the Bombay Civil Courts Act, (Act 14 of 1869), the following shall be substituted (namely); “No Subordinate Judge or court of Small Causes shall receive or register a suit in which the Government or any officer of Government in his official capacity is a party, but in every such case such Judge or Court shall refer the plaintiff to the District Judge, in whose Court alone (subject to the provisions of Section nineteen) such suit shall be instituted.”

[79] Subs. for by Bom. 21 of 1929, S. 2.

80. Subs. for “Crown” by Adaptation of Laws Order, 1950.

[80] The words “or the Federal Railway Authority” omitted by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.

[81] The words “or the Federal Railway Authority” omitted by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.

[82] The words “against the Crown or the Federal Railway Authority” were substituted for the words “against Government” by the Adaptation of Indian Laws Order in Council.

[83] Subs. for “Crown” by Adaptation of Laws Order, 1950.

[84] The words “or the Federal Railway Authority” omitted by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.

[85] Subs. for “and the Crown or the Federal Railway Authority undertakes” by the Adaptation of Indian Laws Order in Council.

[86] Subs. for “Crown” by Adaptation of Laws Order, 1950.

[87]  The words “or the Federal Railway Authority” omitted by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.

[88] Subs. for “for the Provincial Government” by the Adaptation of Indian Laws Order in Council.

[89] Subs. for “Provincial” by the Adaptation of Laws Order, 1950.

[90] Subs. for “on the Provincial Government” by the Adaptation of Indian Laws Order in Council.

[91] Repealed by Mah. Act 15 of 1880, S. 2 (w.e.f. 3-11-1880).

[First clause. Revival of Section 13 of Bom. Reg. 17 of 1827.] Repealed by Act 15 of 1880; but the repeal does not operate in any scheduled district unless and until the Bombay Land-revenue Code (Bom. Act 5 of 1879) extended to such district.

[Second clause. Operation of Bom. Reg. 17 of 1827 in sites of villages and towns.] Rep. Act 15 of 1880 but shall not be deemed to render invalid or illegal anything made valid or legal by such clause.

[Third clause. Recovery of certain advances made by Local Government.].

[92] Repealed by Mah. Act 12 of 1891, S. 2 & Schedule I (w.e.f. 21-3-1891).

[93] Ins. by Bombay Revenue Jurisdiction (Amendment) Act, 1877 (16 of 1877). It is referred to in S. 5, by the Adaptation of Indian Laws Order in Council.

[94] Acts 10 of 1848 and 8 of 1853 were repealed by the Repealing and Amending Act, 1891 (12 of 1891) (w.e.f. 21-3-1891).

[95] Acts 10 of 1848 and 8 of 1853 were repealed by the Repealing and Amending Act, 1891 (12 of 1891) (w.e.f. 21-3-1891).