[THE MADHYA BHARAT ZAMINDARI
ABOLITION ACT SAMVAT, 2003][1] [Act No. 13 of 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 to
the betterment of agriculture as well as the agriculturists in Madhya Bharat
and for other matters connected therewith. Be it enacted as follows :- (1) This Act may be called the
Madhya Bharat Zamindari Abolition Act, Samvat 2003. (2) It extends to the whole of
Madhya Bharat region. (3) It shall come into force on and
from such date[2] 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 Mal, 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 Mal, 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. (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 date 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 to 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, but 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 property 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. 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 2-1/2 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 (1), appoint for any
specified area one or more [3][Deputy Compensation
Officers] [4][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; (iv) such other particulars as may be
prescribed; (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 for 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. 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 [5][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 Co-operative 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
encumbered 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. [6][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, after 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 1 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. (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 disposal 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) After 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 (1) and 25 (2) and if there is any balance left out of the
compensation money after 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. (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 to 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 Sakitulmilkiat tenant.—An amount equal to six times the net annual
income of that land of the Marusi or Sakitulmilkiat 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 the 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 [7][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 [8][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 [9][eight] years of the date of
vesting. On the expiry of [10][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 rate
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. [11][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. [12][(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, after 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 undo 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 Revanue 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. If
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 Mal, 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 Mal, Gwalior, Samvat 1983, on and from the date of vesting,
every proprietor acting 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. (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 father 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 [13][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. [14][Against the order of the [15][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. 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 be
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 to 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. 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 to 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 :— 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 [16][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 [17][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]
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. [2]
W.e.f. 25-06-1951; vide Notfn.
No. 3250 (2) D.A. dated 25-06-1951, Revenue Department; published in M.B.
Govt. Gazette, Extraordinary, dated 25-06-1951. [3]
Substituted by M.B. Act No. 23
of 1952. [4]
Omitted by M.B. Act No. 23 of
1952. [5]
Omitted by M.B. Act No. 23 of
1952. [6]
Substituted by M.P. Act No. 23
of 1952. [7]
Substituted by MP. Act No. 26 of
1958. [8]
Substituted by MP. Act No. 26 of
1958. [9]
Substituted by MP. Act No. 26 of
1958. [10]
Substituted by MP. Act No. 26 of
1958. [11]
Added by M.B. Act No. 31 of
1955. [12]
Inserted by MP. Act No. 16 of
1959. [13]
Substituted by M.B. Act No. 29
of 1956. [14]
Substituted by M.B. Act No. 29
of 1956. [15]
Substituted by M.B. Act No. 29
of 1956. [16]
Substituted by M.P. Act No. 9 of
1959. [17]
Substituted by M.P. Act No. 9 of
1959.THE MADHYA
BHARAT ZAMINDARI ABOLITION ACT SAMVAT, 2003
PREAMBLE