The Bombay Saranjams, lahagirs, and Other Inams of Political, Nature, Resumption Rules, 1952

 

Whereas, the grants in Saranjam, Jahagir or other political inams are held, continued and resumable at the will and pleasure of the Government of Bombay ;

Whereas, in exercise of the powers referred to in rule 10 of Schedule B of the Bombay Rent-free-Estates Act, 1852, and of section 2 of the Exemptions from Land Revenue (No. 1) Act, 1863, and also of section 2 of the Exemptions from Land Revenue (No. 2) Act, 1863, the Government of Bombay has power to make rules for the purpose of determining the tenures to which the continuation of Jahagirs and Saranjams and other alienations of a political nature shall be subject :

Now in exercise of the aforesaid provisions and all other powers enabling it in this behalf, the Government of Bombay is hereby pleased in supersession of the [Rules] made in Government Resolution (Political Department) No. 2674, dated 5th May, 1898 as amended by Government Resolution (Political Department), No. 4684, dated 29th June, 1901, to make the following rules for the resumption of Saranjams, Jahagirs and other alienations of a political nature :-

Rule - 1.

 

These rules may be called the Bombay Saranjams, Jahagirs, and other Inams of Political Nature, Resumption Rules, 1952.

Rule - 2.

 

(1)     These rules shall come into force at once.

 

(2)     They shall apply to the whole of the State of Bombay except the merged territories.

Rule - 3.

 

In these rules, unless (here is anything repugnant in the subject or context -

(i)       "political inam" means a grant in Saranjam, Jahagir or other alienation of political nature which may be either of the following kinds or both :-

 

(a)      a grant of a village or a portion thereof, or of land or exemption from the payment of land revenue either in whole or in part, entered as Class I in the Alienation Register kept under section 53 of the Bombay Land Revenue Code, 1879, or in the Saranjam list prepared under the orders of the State Government; or

 

(b)      a grant of cash allowance entered in the Saranjam list prepared under the order of the State Government or entered as Class I in the records kept under the rules under the Pensions Act, 1871;but does not include the privy purse of a ruler in respect of which a guarantee of assurance is recognised by Article 363 of the Constitution;

 

(ii)      "appointed day" means the [day] appointed by the State Government by notification in the Official Gazette in this behalf;

 

(iii)     "Code" means the Bombay Land Revenue Code, 1879.

 

(iv)    the Bombay General Clauses Act, 1904, shall apply to the interpretation of these rules as it applies to the interpretation of a Bombay Act.

Rule - 4.

 

If any question arises whether any grant is a saranjam, a jahagir or any other political inam, such question shall be referred to the State Government and the decision of the State Government shall be final [and the entry, if any, in respect of such grant in the Alienation Register kept under section 53 of the Bombay Land Revenue Code, 1879, or in the Saranjam list prepared under the Orders of the State Government or in the records kept under the rules made under the Pensions Act, 1871, shall be deemed to have been amended accordingly.]

Rule - 5.

 

Notwithstanding anything contained in any contract or grant, with effect from and on an appointed date -

(a)      all political inams shall be deemed to have been resumed ;

 

(b)      save as expressly provided by these rules or any orders made by the State Government thereunder, all rights legally subsisting on the said date in respect of such political inams shall be deemed to have been extinguished :

 

Provided that, in the case of a political inam which consists of exemption from payment of land revenue only, either wholly or in part, such exemption shall be deemed to have been extinguished ?

 

(a)      if the amount of such exemption exceeds Rs. 5,000, with effect from the 1st day of August, 1953; and

 

(b)      in all other cases with effect from the 1st day of August, 1955,

Rule - 6.

 

(1)     All villages and lands held as political inam, if such inams are the grants of the soil shall be resumed and shall vest in the State Government free from any rights, tenures, encumbrances or equities created by the holder :

 

 

Provided that, any inferior holder in possession of any lands in such villages or any portion of such lands on payment of annual assessment from the time anterior to the grant of such villages or lands as political inam shall continue to hold the same on payment of land revenue in accordance with the provisions of the Code and the rules relating to unalienated lands, and subject to the condition that the occupancy of the lands shall not be transferable or partible by metes and bounds without the previous sanction of the Collector.

 

(2)     All villages and lands held as political inams, if such inams consist of exemptions from the payment of land revenue, either wholly or in part, shall be resumed and shall vest in the State Government free from any rights, tenures, encumbrances or equities created by the holder. But in the case of such villages and lands -

(a)      if they are in the actual possession of the holder or any person holding from him other than an inferior holder referred to in clause (b) below, or

 

(b)      if they are in the possession of an inferior holder on payment of annual assessment,such resumption shall be by the levy of land revenue in accordance with the provisions of the Code and the rules thereunder relating to unalienated lands.

Rule - 7.

 

The holder of a political inam which consists of a cash allowance and which was recognised as hereditary before the coming into force of these rules shall be entitled to receive a sum equal to seven times of the amount of such cash allowance in full settlement of his claim to the inam.

Rule - 8.

 

The holder of a political inam which consists of a cash allowance which was recognised before the coming into force of these rules to be held for the life of the holder only shall receive a sum equal to three times of such cash allowance in full settlement of his claim to the inam.

Rule - 8A.

 

The amount of compensation payable under rules 7 and 8 shall be payable in transferable bonds carrying interest at the rate of three per cent, per annum from the date of the issue of such bonds and shall be repayable during a period of twenty years from the date of the issue of such bonds by equated annual instalments of principal and interest. The bonds shall be of such denominations and shall be in such forms as the State Government may determine in this behalf.

Rule - 9.

 

The compensation payable under these rules shall be by way of grace merely.

 

G.N., R.D., No. 6017/51-V-K, dated 5th March, 1956 (B.G., Part IV-B, page 255)

 

Amended by G.N., R.D., No. 6017/51-VII/I-L, dated 25th March, 1957 (B.G., Part IV-B, page 417)

Amended by G.N.,R.D., No. LTA-1059 XV-L, dated 27th February, 1962 (M.G., Part IV-B, page 463)

Amended by G.N., R.D.,No. LTA-1062-L, dated 17th May, 1962 (M.G., Part IV-B, page 1772)

Amended by Corrig., R. & F.D., No. LTA-1063/164469-(a)-L, dated 26th August, 1965 (M.G., Part IV-B, page 1600).

In exercise of the powers conferred by rule 8A of the Bombay Saranjams, Jahagirs and others Inams of Political Nature, Resumption Rules, 1952, the Government of Bombay hereby directs as follows, namely :-

Rule - 1.

 

(1)     There shall be a separate series of bonds to be issued in respect of payment of compensation amounts due under the Bombay Saranjams, Jahagirs and other Inams of Political Nature, Resumption Rules (hereinafter referred to as the said rules).

 

(2)     Every such bond shall be in Form A appended hereto.

 

(3)     Such bonds shall be of any of the following denominations, namely:- Rs. 50, Rs. 100, Rs. 200, Rs. 500, Rs. 1,000, Rs. 5,000 and Rs. 10,000.

Rule - 2.

 

The date appointed as the appointed day for the purposes of the said rules shall be the date of issue of such bond.

Rule - 3.

 

(1)     [Subject to the provisions of sub-rule (2), every such bond] shall be repayable in equated annual instalments in accordance with the repayment Schedule in Form B and Tables I to VII in Form C :

 

Provided that, if one or more instalments have fallen due before the delivery of the bond and have not been paid already, such instalments or any balance thereof shall be payable immediately after the delivery of the bond :

[Provided further that, in addition to the accrued amounts of instalments, interest, at three per cent, per annum on the portion of the instalment amount, representing the amount of principal, for the completed number of years for which its payment has been delayed, shall be paid in cash by the Collector.]

(2)     [No interest shall be payable except as provided by or under the Act and the rules made thereunder.]

Rule - 4.

 

Amounts of compensation or part thereof not covered by the smallest denomination of bonds specified in sub-clause (3) of clause 1 shall unless already paid be paid in cash.

Rule - 5.

 

Save as provided herein, the bonds shall be subject to the provisions of the Public Debt Act, 1944 and the Public Debt (Compensation Bonds) Rules, 1954.

 

Form A

[See clause 1(2)]

The Bombay State

Public Debt Office

[Reserve Bank of India, Nagpur]

Rs. [50]
at 3 per cent

No. BY

For Manager

Public Debt Office

 

The Bombay

 

[.....................................................] Compensation Bond

The Governor of Bombay hereby promises to pay to...................................................................at any treasury in the Bombay State.

 

Rupees [Fifty] Only

 

together with interest accruing thereon at the rate of three per cent, per annum in equated yearly instalments on the [.................................] day of [............................] every year during the period of twenty years from the [.......................] day of [..............] 19.........subject to the provisions of the [.............] and the rules framed thereunder.

Rs. 50

Dated the [...............] day..................................

No. By
Manager.

 

And on Behalf of the Governor of Bombay.

Governor, Reserve Bank of India.

 

[Form B]

Repayment Schedule

(See clause 3)

Form C

Tables showing equated annual instalments

Table No. I

Table showing equated annual instalments of principal and interest at 3 per cent, payable on a Bond of Rs. 50 redeemable in 20 years

 

Table No. II

 

Table showing equated annual instalments of principal and interest at 3 per cent, payable on a Bond of Rs. 100 redeemable in 20 years

 

Table No. III

 

Table showing equated annual instalments of principal and interest at 3 per cent, payable on a Bond of Rs. 200 redeemable in 20 years

 

Table No. IV

 

Table showing equated annual instalments of principal and interest at 3 per cent, payable on a Bond of Rs. 500 redeemable in 20 years

 

Table No. V

 

Table showing equated annual instalments of principal and interest at 3 per cent, payable on a Bond of Rs. 1,000 redeemable in 20 years

Table No. VI

 

Table showing equated annual instalments of principal and interest at 3 per cent, payable on a Bond of Rs. 5,000 redeemable in 20 years

 

Table No. VII

 

Table showing equated annual instalments of principal and interest at 3 per cent payable on a Bond of Rs. 10,000 redeemable in 20 years