BOMBAY LAND REVENUE CODE, 1879
(1) This Act may be cited as "The Bombay Land Revenue Code, 1879;
(2) Local extent- Save as otherwise provided by Chapter XA, this Act extends to [Bombay area of the State of Gujarat].
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[(4) Save as otherwise provided by Chapter XA, it also extends to the Saurashtra area of the State of Bombay subject to the modifications specified in Schedule J appended to this Act.]
[(5) On and from the date of the coming into force of the Bombay Land Revenue (Extension of Kutch Area and Amendment) Act, 1965, (Gujarat 5 of 1965) this Act shall also extend to and be in force in the Kutch area of the State of Gujarat.]
The Bombay Land Revenue Code, 1879, serves as a foundational legal framework governing land revenue administration in the state of Gujarat, India. Section 1 of the Code establishes the applicability and scope of the legislation, setting the stage for subsequent provisions that regulate land revenue, rights, and responsibilities of landholders.
Section 1 of the Bombay Land Revenue Code, 1879, states that the Act shall extend to the whole of the territories of the Bombay Presidency, which includes the areas that are now part of Gujarat. It outlines the intention of the legislature to consolidate and amend the laws related to land revenue.
The scope of Section 1 is broad, as it encompasses all territories under the jurisdiction of the Bombay Presidency. This includes provisions for the administration of land revenue, the rights of landholders, and the responsibilities of revenue officers.
Section 1 does not prescribe any specific punishments. However, subsequent sections of the Code may outline penalties for non-compliance with the provisions established within the Code.
[Repealed]
In this Act, unless there be something repugnant in the subject or context- (1) "revenue officer" means every officer of any rank whatsoever appointed under any of the provisions of this Act, and employed in or about the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith and for the purposes of (sections 25) and (Section 26) includes village-officer appointed or officiating under any of the provisions of the Bombay Hereditary Offices Act or the Matadars Act, 1887;
(2) "Survey officer" means an officer appointed under, or in the manner provided by (section 188) ;
(3) "Survey settlement" includes a settlement made under the provisions of Chapter VIIIA;
(4) "Land" includes benefits to arise out of land, and things attached to the earth, or permane
(1) The chief controlling authority in all matters connected with the land revenue shall vest in the State Government.
(2) The State Government may, by notification in the Official Gazette, prescribe the territories in the State which shall form a division and may by a like notification alter the limits of the division so formed].
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Each division [x x x] shall be divided into such districts with such limits as may from time to time be prescribed by a duly published order of the State Government. A district to consist of talukas comprising such mahals and villages as State Government may direct.-And each such district shall consists of such talukas, and each taluka shall consist of such mahals and villages, as may from time to time be prescribed in a duly published order of the State Government. And each such mahal shall consist of such villages as may from time to time be prescribed by a duly published order of the State Government.
The Bombay Land Revenue Code, 1879, serves as a foundational legal framework governing land revenue administration in the state of Gujarat, India. Section 7 specifically empowers the State Government to alter the revenue limits of villages, talukas, and districts, thereby facilitating administrative efficiency and land management.
Section 7 of the Bombay Land Revenue Code, 1879, grants the State Government the authority to modify the boundaries of villages, talukas, and districts as deemed necessary. This provision is crucial for the reorganization of administrative units to reflect changing demographic and geographic realities.
The scope of Section 7 is broad, allowing for significant administrative changes that can affect land revenue collection, governance, and local administration. It is a tool for the government to respond to evolving needs in land management and administrative efficiency.
Section 7 does not prescribe specific punishments; rather, it provides a mechanism for administrative changes. However, failure to comply with the provisions of the Code may lead to administrative penalties under other relevant sections.
The State Government may from time to time by a duly published order alter or add to the limits of any village or amalgamate two or more villages or constitute a new village.]
The State Government shall appoint in each district as officer who shall be the Collector [x x x] and who [x x x] may exercise, throughout his district all the powers and discharge all the duties conferred and imposed on a Collector or an Assistant or Deputy Collector by this Act, or any other law for the time being in-force, and in all matters not specially provided for by law shall act according to the instructions of the State Government.
(1) The State Government may appoint in each district so many Additional Collectors as it may deem fit [x x x] The Additional Collector shall exercise such powers and discharge such duties as are exercised or discharged by the Collector in the district or a part of district under this Act or any other law for the time being in force as the State Government may direct.
(2) An Additional Collector appointed under sub-section (1) shall not be subordinate to the Collector except in such matters as the State Government may by a general or special order specify in this behalf.]
The State Government may appoint to each district so many Assistant Collectors, and so many Deputy Collectors as it may deem expedient; the Assistants shall be called "First", "Second", "Supernumerary", etc. as may be expressed in the order of their appointment. to be subordinate to the Collector.-All such Assistant and Deputy Collectors and all other officers employed in the land revenue administration of the district shall be subordinate to the Collector.
Subject to the general orders of the State Government, a Collector may place any of his assistants or deputies in charge of the revenue administration of one or more of the talukas in his district, or may himself retain charge thereof. Any Assistant or Deputy Collector thus placed in charge shall, subject to the provisions of Chapter XIII perform all the duties and exercise all the powers conferred upon a Collector by this Act or any other law at the time being in force, so far as regards the taluka or talukas in his charge: To such Assistant or Deputy Collector as it may not be possible or expedient to place in charge of talukas, the Collector shall, under the general orders of the State Government, assign such particular duties and powers as he may from time to time see fit.Provided that the Collector, may whenever he may deem fit, direct any such Assistant or Deputy not to perform certain duties or exercise certain powers,
If the Collector is disabled from performing his duties or for any reason vacates his office or leaves his district, or dies, his Assistant of highest rank present in the district shall unless other provision has been made by State Government, succeed temporarily to his office, and shall be held to be the Collector under this Act until the Collector resumes charge of his district or until the State Government, appoints a successor to the former Collector and such successor takes charge of his appointment. An officer whose principal office is different from that of an Assistant Collector, and who is an Assistant Collector for special purposes only, shall not be deemed to be an Assistant for the purposes of this section.
The chief officer entrusted with the local revenue administration of a taluka shall be called a Mamlatdar. He shall be appointed by the State Government. His duties and powers.-His duties and powers shall be such as may be expressly imposed or conferred upon him by this Act or by any other law for the time being in force, or as may be imposed upon or delegated to him by the Collector under the general or special orders of the State Government. [A decision or order of a Mamlatdar in performance of the duties and exercise of the powers, imposed or conferred upon him or delegated to him under this section, shall be subject to the provisions of Chapter XIII.]
(1) The State Government may appoint so many Additional Mamlatdars, as it may deem fit. An Additional Mamlatdar shall exercise such powers and discharge such duties in a taluka or part of a taluka under this Act or any other law for the time being in force as the State Government may direct.
(2) An Additional Mamlatdar shall not be subordinate to the Mamlatdar in the taluka except in such matters as the State Government may by a general or special order specify in this behalf.
Whenever it may appear necessary to the State Government, the State Government may appoint to a taluka one or more Mahalkaris and, subject to the orders of the State Government [x x x] the Collector may assign to a Mahalkari within his local limits such of the duties and powers of a Mamlatdar as he may from time to time see fit, and may also from time to time direct whether the Mahalkaris immediate superior shall, for the purposes of section 203 be deemed to be the Mamlatdar or the Assistant or Deputy Collector, or the Collector in charge of the taluka. When a defined portion of a taluka is placed in charge of a Mahalkari, such portion shall be called a mahal.
Section 13 of the Bombay Land Revenue Code, 1879, deals with the suspension or remission of rent payable by tenants or cultivators to the government or landowners. It provides a legal framework for temporarily relieving tenants from their rent obligations under specific circumstances, thereby balancing the interests of landholders and tenants within the revenue administration system.
Section 13 empowers the competent authority to suspend or remit rent when it appears necessary, typically in cases of hardship or special circumstances. The section specifies the conditions and procedures for such suspension or remission, although detailed provisions are often elaborated through rules or subsequent amendments.
Section 13 itself does not prescribe specific punishments. However, violations of orders or fraudulent applications may attract penalties under related provisions of the Bombay Land Revenue Code or other applicable laws.
Note: The analysis is based on the provided sources, emphasizing the legal interpretation, scope, and judicial perspectives related to Section 13 of the Bombay Land Revenue Code, 1879.
It shall be competent to a Mamlatdar or Mahalkari subject to such general orders as may from time to time be passed [x x x] by the Collector, to employ any of his subordinates to perform any portion of his ministerial duties: provided that all acts and orders of his subordinates when so employed shall be liable to revision and confirmation by such Mamlatdar or Mahalkari.
MIf a Mamlatdar or Mahalkari is disabled from performing his duties or for any reason vacates his office, or leaves his taluka or mahal, or dies, such subordinates as may be designated by orders to be issued from time to time in this behalf by the Collector, shall succeed temporarily to the said Mamlatdar's or Mahalkaris office, and shall be held to be the Mamlatdar or Mahalkari under this Act until the Mamlatdar or Mahalkari resumes charge of his taluka or mahal or until such time as a successor is duly appointed and takes charge of his appointment.
[(1)] It shall be lawful for the State Government to appoint a village accountant for a village or a group of villages. In villages where no hereditary patel exists, it shall be lawful for the State Government to appoint a stipendiary patel. The village accountant and the patel shall perform all the duties including the duties of village accountant or hereditary patel as hereinafter prescribed by this Act or any other law for the time being in force and shall hold their situations under the rules in force with regard to subordinate revenue officers. Nothing in this section shall be held to affect any subsisting rights of holders of alienated villages or others in respect of the appointment of patel and village accountants in any alienated or other villages.
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Subject to the general orders of the State Government [x x x] the Collector shall prescribe from time to time what registers, accounts, and other records shall be kept by the Village Accountant. required to keep by the Collector and to prepare public writings.-It shall also be the duty of the Village Accountant to prepare, whenever called upon by the Patel of his village or by any superior Revenue or Police officer of the taluka or district to do so, all writings connected with the concerns of the village which are required either for the use of the Central or the State Government or the public, such as notices, reports of inquests, and depositions and examinations in criminal matters.
For the purposes of Chapters VIII, VIII-A, IX and X the State Government may appoint such officers as may from time to time appear necessary. Such officers shall be designated Settlement Commissioners "Commissioner of Survey", "Superintendent of Survey", "Survey Settlement Officers", "Settlement Officers" and "Assistant", or otherwise as may seem requisite and shall be subordinated the one to the other in such order as the State Government may direct. their duties and powers.-Subject to the orders of the State Government the officers so appointed are vested with the cognizance of all matters connected with survey and settlement, and shall exercise all such powers and perform all such duties as may be prescribed by this or any other law for the time being in force.
It shall be lawful for the State Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise as may seem expedient.
The appointment of all officers mentioned in sections 4 to 13 and 18 and 19 shall be duly notified. Acting appointments.-Any officer appointed to act temporarily for any such officer shall exercise the same powers and perform the same duties as might be performed or exercised by the officer for whom he is so appointed to act.
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The State Government shall from time to time by notification prescribe what revenue officers shall use a seal, and what size and description of seal shall be used by each of such officers.
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The Collector or the Superintendent of Survey or any other officer, deputed by the Collector or Superintendent of Survey, for this purpose shall in all cases in which he may have a claim on any revenue officer or on any person formerly employed as such in his department or district for public money or papers or other property of the Government, by writing under his official seal, if he use one, and signature, require the money, or the particular papers or property detained to be delivered either immediately to the person bearing the said writing, or to such person on such date and at such place as the writing may specify. who may be arrested and confined in jail if he fails to produce them.-If the officer or other person aforesaid shall not discharge the money, or deliver up the papers or property as directed, he may cause him to be, apprehended, and may send him with a warrant, in the form of Schedule C to be confined in the civil jail till he discharges the sums or
The Collector of his own motion, if the officer or other person is or was serving in his department and district, and upon the application of the Superintendent of Survey if such officer or person is or was serving in the survey department in his district, may also take proceedings to recover any public moneys due by him in the same manner and subject to the same rules as are laid down in his Act for the recovery of arrears of land revenue from defaulters, and for the purposes of recovering public papers or other property of the Government may issue a search warrant and Exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure. Persons in possession of public moneys, etc., bound to give them up.-It shall be the duty of all persons in possession of such public moneys, papers or other property of the Government to make over th
The surety or sureties of such officer or other person as is aforesaid, shall be liable to be proceeded against jointly and severally in the same manner as his or their principal is liable to be proceeded against, in case of default, and notwithstanding such principal may be so proceeded against: Extent of liability.-Provided always that in any case of failure to discharge or make good any sum of money due to the Government or to produce any property of the Government of ascertained value no greater sum than is sufficient to cover any loss or damage which the State Government may actually sustain by the default of the principal shall be recovered from the surety or sureties as the amount which may be due from such surety or sureties under the terms of the security bond executed by him or them: Sureties not liable to imprisonment, if penalty be paid.- And provided also that the said surety or sureties shall in no case be liabl
If an officer or other person as aforesaid or his surety or sureties against whom a demand is made, shall give sufficient security in the form of Schedule D, the Collector shall cause such officer or surety if in custody to be liberated, and countermand the sale of any property that may have been attached, and restore it to the owner.
The liability of the surety or sureties shall not be affected by the death of a principal or by his appointment to a situation different from that which he held when the bond was executed, but shall continue so long as the principal occupies any situation in which security is required and until his bond is canceled. Liability of heirs of deceased officer.-The heirs of a deceased officer shall be liable by suit in the Civil Court for any claims which the Government may have against the deceased, in the same way as they would be for similar claims made by an individual.
The Bombay Land Revenue Code, 1879, serves as a foundational legal framework governing land revenue and related matters in the state of Gujarat. Section 29 specifically addresses the liability of sureties in relation to land revenue obligations.
Section 29 stipulates that the liability of a surety is not affected by the death of the principal debtor or by the principal taking a different appointment. This provision ensures that sureties remain accountable for their obligations regardless of changes in the principal's circumstances.
The scope of Section 29 is limited to the obligations of sureties in the context of land revenue. It clarifies that sureties cannot escape their responsibilities due to changes in the principal's status or life events.
Section 29 does not prescribe any specific punishment. Instead, it focuses on the legal obligations of sureties without detailing penalties for non-compliance.
Any surety, whether under a separate or joint bond, may withdraw from his surety ship at any time on his stating, in writing, to the officer to whom the bond has been given, that he desires so to withdraw; and his responsibility under the bond shall cease after sixty days from the date on which he gives such writing as to all demands upon his principal concerning moneys, papers or other property for which his principal may become chargeable after the expiration of such period of sixty days, but shall not cease as to any demands for which his principal may have become liable before the expiration of such period, even though the facts establishing such liability may not be discovered till afterwards.+
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(1) All public roads, lanes and paths, the bridges, ditches, dikes, and fences, on or beside, the same, the bed of the sea and of harbors and creeks below high water-mark, and of rivers, streams, nalas, lakes, and tanks, and all canals, and water-courses, and all standing and flowing water and all lands wherever situated, which are not the property of individuals, or of aggregates of persons legally capable of holding property, and except in so far as any rights of such persons may be established, in or over the same, and except as may be otherwise provided in any law for the time being in force are and are hereby declared to be, with all rights, in or over the same or appertaining thereto, the property of the Government, and it shall be lawful for the Collector subject to the orders of the [State Government], to dispose of them in such manner as he may deem fit, or as may be authorized by general rules sanctioned by [the Gov
Legal Comments
"Scope" - Section 37(2) empowers Collector or Survey Officer to adjudicate claims to government land after formal inquiry with due notice; appeals/revisions lie under specified tribunals; overarching principle that title to government land vesting is assessed in revenue proceedings - [SAMATBHAI PUNABHAI JHALANDRA VS MAMLATDAR, RAJULA]
"Essential ingredients" - Key elements of Section 37(2): formal inquiry, due notice, determination of rights or claims to government land, and consequent orders; completion within the statutory framework governs validity - [SAMATBHAI PUNABHAI JHALANDRA VS MAMLATDAR, RAJULA]
"Essential ingredients" - Section 37(1) declares government ownership of lands not privately owned; Section 37(2) handles claims against government or government against claims; combined, they set the baseline for jurisdiction and rights in Government land disputes - [01300008872]
"Intro" - BLR Code Section 37 is a cornerstone for determining ownership, possession, and rights in public lands; its historical reliance persists in complex land disputes across states (Gujarat, Maharashtra, etc.) - [Phiroze Temulji Anklesaria VS H. C. Vashistha]
"Scope" - Section 37(2) inquiries can be triggered by occupancy, grant, or transfer claims; the scope extends to any case where title or rights in government land are contested; tribunals or collectors decide, with limited appellate avenues - [GOVERNMENT OF GUJARAT VS AMRAJI MOTIJI THAKOR]
"Scope" - Where lands have been historically allocated (sanads, wakf grants, old grants) the continuing validity of such instruments can be challenged only within the avenues provided by Section 37(2) and related revisional provisions; courts scrutinize for natural justice and proper procedure - [01300032467] (note: reference compiled from core BLR sources)
"What Section Says" - Section 37(2) authorizes formal inquiry into government land claims; Section 37(1) declares government title; together they establish that ownership to government lands is the default unless rights are proved - [Bombay Environmental Action Group & another VS State of Maharashtra & others]
"Punishment" - Not applicable: Section 37(2) concerns jurisdiction and procedural mechanism; it does not prescribe criminal penalties; penalties or damages arise under separate provisions (e.g., pecuniary penalties for encroachment or non-compliance under BLR or related Acts) - [GHUNSHABHAI GOVINDBHAI PANCHOLI VS STATE]
"Punishment" - In cases of unauthorized occupancy or contraventions, the recording, eviction, or restoration orders may involve penalties or costs adjudicated under Section 202/211 revisional processes or liability under Sections 61-66, but Section 37 itself does not specify punishment - [Rameshchandra Kanji Joshi VS STATE]
"Essence of decision" - Courts emphasize that Section 37 rights hinge on an equitable, timely inquiry; delays in exercising revisional powers can render orders void; natural justice requires hearing in certain contexts before resumption or sale - [MEDATIA INDRASINGHJI VS RAVAL NARAYAN KISHORESINH]
"Jurisdictional limit" - The Collector operates under delegated powers; however, a collector cannot unreasonably exercise revisional jurisdiction beyond a reasonable time; decision-making must respect time limits to avoid bar by delay - [PATEL CHHOTABHAI MADHAVBHAI VS STATE]
"Locus standi" - Writ petitions challenging Section 37(2) orders require proper party interest; trustees, wakf, or landowners may challenge depending on their recognized rights; courts assess whether petitioners have standing to challenge such orders - [State Of Gujarat VS Rekha Subhash Sagar]
"Case law note" - Mundra Salt decisions acknowledge that title in marshy lands or salt works often hinges on historic grants and government control; Section 37 interacts with other statutes (Salt Act, 1837-1895) but does not automatically vest title in Union; context-specific - [Phiroze Temulji Anklesaria VS H. C. Vashistha], [Union of India through Deputy Salt Commissioner and another VS Mundra Salt and Chemicals Industries and others]
"Case law note" - In Koregaon Park (Pune) matter, Collector’s Rules under Section 37 had independent force of law; despite later enactments, such rules continued to govern specific localities unless expressly repealed; demonstrates enduring vitality of 37(2) rules in local contexts - [00400010964], [Bombay Environmental Action Group & another VS State of Maharashtra & others]
"Public trust / environment" - While not central to Section 37, Supreme Court and High Courts have invoked public trust and environmental considerations in river/land matters; these principles influence ancillary restrictions on disposal of government lands and permissible uses - [Rajesh Madhukar Pandit VS Nashik Municipal Corporation], [Government of the Province of Bombay VS Pestonji Ardeshir Wadia]
"Remedial approach" - Where a Government resolution or administrative instruction attempts to override statutory Section 37 provisions, courts strike down such circulars if they conflict with Section 37 and its Rule 37; administrative instructions cannot supersede statutory rights - [Krishnakumar Bhagwantiprasad VS State of Maharashtra]
"Delay and limitation" - If a challenge to Section 37(2) order is pursued after an unreasonable delay, courts may dismiss or set aside; timely challenge is essential to preserve jurisdiction and remedy - [Mali Sonaji Khemaji VS State of Gujarat], [PATEL CHHOTABHAI MADHAVBHAI VS STATE]
"Appellate pathway" - The Bombay Revenue Tribunal Act and related schemes allocate appellate/revisional jurisdiction; Section 9 and Schedule entries define the appellate route; where not available or misapplied, petitions to High Courts under Article 226/227 may lie for jurisdictional errors - [SAMATBHAI PUNABHAI JHALANDRA VS MAMLATDAR, RAJULA], [Golden Tobacco Co. Private Ltd. VS State of Bombay]
"Comparative hold" - In several matters, courts reject Union of India ownership claims under Section 37 when land is in state/territorial possession; Article 294 and evolving jurisprudence reflect constitutional demarcations of ownership in land matters - [Union of India through Deputy Salt Commissioner and another VS Mundra Salt and Chemicals Industries and others], [00100005100]
"Reservation of minerals" - Section 37’s reach does not automatically negate government possession over minerals; later statutes (e.g., Maharashtra code) clarify mineral rights; arguments about mineral deposits vesting in state follow separate statutory paths - [State of Maharashtra VS Narayan Laxman Thatte & others]
"Influence of old orders" - Government General Orders (e.g., cantonment resumption, Koregaon Park rules) may be treated as having force if saved by Section 336 of subsequent codes; careful parsing of old vs new statutory framework is essential to determine continuing force - [B. M. KHARWAR VS RAMANLAL MOTIRAM], [LAXMI ASSOCIATES VS COLLECTOR, VADODARA]
"Public utility alignment" - When land is earmarked for public purposes (grazing, graveyard, cantonment), due process requires hearing or at least notice to affected persons; extinguishment of established rights must adhere to procedural safeguards - [PACHHAT VARGA SHRAMJIVI SAMUDAIK SAHAKARI KHEDUT co-OP. SOCIETY LIMITED VS HARIBHAI MEVABHAI]
"Due process safeguard" - The courts consistently demand that prior notice and an opportunity to be heard accompany orders affecting occupancy or resumption; failure to observe natural justice can render orders ultra vires - [Hitendrabhai Bhikhabhai Karad VS State of Gujarat], [DEVILAL GOLJIBHAI SHAH VS K. C. SAGAR]
"Writ jurisdiction" - Article 226 petitions serve as a check on revenue officers where there is jurisdictional excess, illegality, or violation of constitutional rights; the writ route remains available for reviewing orders under 37(2) in appropriate circumstances - [PANDYA MANISHANKER DHANJIBHAI VS STATE OF GUJARAT], [01300000886]
(1) Whenever it appears to the State Government that any public road, lane or path which is the property of the State Government or part thereof, is not required for the use of the public the State Government, may, by a notification published in the Official Gazette, make declaration to such effect, stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over any such road, lane or path, or part thereof, as the case may be, shall be extinguished. On the publication of such notification, the Collector shall, as soon as possible, cause public notice of such declaration to be given at convenient places on, or in the vicinity of, such road, lane or path, or part thereof, as the case may be. Such declaration and notice shall specify, as far as practicable the situation and limits of such road, lane or path, or part thereof, and shall invite objections to the aforesaid propo
Subject to the general orders of the State Government, it shall be lawful for survey officers whilst survey operations are proceeding under Chapter VIII, and at any other for the Collector to set apart lands the property of the State Government and not in the lawful occupation of any person or aggregate of persons, in unalienated villages or unalienated portions of villages, for free pasturage for the village cattle, for forest reserves, or for any other public or municipal purpose; and lands assigned specially for any such purpose shall not be otherwise used without the sanction of the Collector; and in the disposal of land under section 37 due regard shall be had to all such special assignments.
The right of grazing on free pasturage-lands shall extend only to the cattle of the village or villages to which such lands belong or have been assigned, and shall be regulated by rules to be from time to time, either generally or in any particular instance, prescribed by the Collector with the sanction of the [State Government], The Collector's decision in any case of dispute as to the said right of grazing shall be conclusive.
Any person who shall unauthorisedly remove from any land which is set apart for a special purpose or from any land which is the property of Government, any natural product shall be liable to the Government for the value thereof, which shall be recoverable from him as an arrear of land revenue. The decision of the Collector as to the value of any such natural product shall be conclusive.]
In villages, or portions of villages, of which the original survey settlement has been completed before the passing of this Act, the right of the Government to all trees in unalienated land, except trees reserved by the Government or by any survey officer, whether by express order made at or about the time of such settlement, or under any rule, or general order in force at the time of such settlement, or by notification made and published at or at any time after, such settlement, shall be deemed to have been, conceded to the occupant. But in the case of settlement completed before the passing of Bombay Act I of 1865 this provision shall not apply to teak, black-wood or sandal-wood trees. The right of the Government to such trees shall not be deemed to have been conceded, except by clear and express words to that effect. Concession of Government rights to trees in case of settlements completed after the passing of this Act.-In
The right to all trees specially reserved under the provision of the last preceding section, and to all trees, brushwood, jungle, or other natural product growing on land set apart for forest reserves under section 32 of Bombay Act I of 1865 or sections 38 of this Act, and to all trees, brushwood, jungle or other natural product, wherever growing, except in so far as the same may be the property of individuals or of aggregates of individuals, capable of holding property, vests in the State Government; and such trees, brushwood. Jungle or other natural product shall be preserved or, disposed of in such manner as the State Government may from time to time direct.
All road-side trees which have been planted and reared by, or, under the orders of, or at the expense of the Government and all trees which have been planted and reared at the expense of Local Fund, by the side of any road, which vests in the Government. But in the event of such trees dying or being blown down, or being cut down by order of the Collector, the timber shall become the property of the holder of the land in which they were growing; and the usufruct, including the lopping of such trees, shall also vest in the said holder; provided that the trees shall not be lopped except under the orders of the Collector.
Any person who shall unauthorisedly fell and appropriate any tree or any portion thereof or remove from his holdings any other natural product whether of the like description or not which is the property of the Government, shall be liable to the Government for the value thereof, which shall be recoverable from him as an arrear of land revenue in addition to any penalty to which he maybe liable under the provisions of this Act for the occupation of the land or otherwise; and notwithstanding any criminal proceedings which may be instituted against him in respect of his said appropriation of Government property. The decision of the Collector as to the value of any such tree, or portion thereof, or other natural product, shall be conclusive.
In villages or lands in which the rights of the Government to the trees have been reserved under section 40 subject to certain privileges of the villagers or of certain classes or persons to cut fire-wood or timber for domestic or other purposes and in lands which have been set apart under section 38 for forest reserves subject to such privileges and in all other cases in which such privileges exist in reaped of any alienated land, the exercise of the said privileges shall be regulated by rules to be from time to time either generally or in any particular instance, prescribed by the Collector or by such other officer as the State Government may direct. In any case of dispute as to the mode or time of exercising any Such privileges the decision of the Collector or of such other officer shall be conclusive.
[(1)] All land, whether applied to agricultural or other purposes, and wherever situate, is liable to the payment of land revenue to the Government according to the rules hereinafter enacted except such as may be wholly exempted under the provisions of any special contract with the Government or any law for the time being in force:
[Provided that a small holder shall not be liable to pay land revenue in respect of the land held by him for the time being for the purpose of agriculture.] But nothing in this Act shall be deemed to affect the power of the Legislature to direct the levy of revenue on all lands under whatever title they may be held whenever and so long as the exigencies of the State may render such levy necessary.
[(2) As soon as may be after the coming into force of the Bombay Land Revenue and the Gujarat Panchayats and Educ
All alluvial lands, newly-formed islands, or abandoned river-bed which vest, under any law for the time being in force in any holder of alienated land, shall be subject in respect of liability to the payment of land revenue to the same privileges, conditions, or restrictions as are applicable to the original holding in virtue of which such lands, islands, or river-beds so vest in the said holder, but no revenues shall be leviable in respect of any such lands, islands, or river-beds until or unless the area of the same exceeds half an acre and also exceeds one tenth of the area of the said original holding.
Every holder of land paying revenue in respect thereof shall be entitled, subject to such rules as may be from time to time made in this behalf by the State Government to a decrease of assessment if any portion thereof not being less than half an acre in extent, is lost by diluvion.
[(1) The land revenue leviable on any land under the provisions of this Act shall be assessed, or shall be deemed to have been assessed, as the case may be, with reference to the use of the land-
(a) for the purpose of agriculture;
(b) for the purpose of residence;
(c) for the purpose of industry;
(d) for the purpose of Commerce, or
(e) for any other purpose.]
(2) [Where land assessed for use for any purpose is permitted or deemed to have been permitted under section 65, or, as the case may be, under section 65-A, to be used for any other purpose, or is used for any other purpose without the permission of the Collector being first obtained or before the expiry
Section 48 of the Bombay Land Revenue Code, 1879, governs the assessment and re-assessment of land revenue based on land use, including provisions for alteration of assessments when land use changes. It forms a crucial part of the legal framework regulating land taxation and use in Maharashtra and Gujarat regions under the historical Land Revenue system.
Section 48 prescribes the manner of assessing land revenue according to land use:- Subsection (1) mandates that land revenue be assessed based on whether land is used for agriculture, building, or other purposes.- Subsection (2) allows for alteration of assessment if the land use changes, even before the expiry of the fixed term, subject to prescribed rules.- It prohibits the use of land for purposes other than those assessed without proper authorization and provides for reassessment upon change of use.
This legal commentary synthesizes the provided sources and references relevant judicial and statutory interpretations of Section 48 of the Bombay Land Revenue Code, 1879.
When it has been customary to levy any special or extra cess, fine, or tax, however designated, from any holder of land, which, though nominally, wholly or partially exempt from the payment of land revenue, has by the exaction of such cess, fine or tax been indirectly taxed to the State, And of land liable to occasional assessment-or when any land ordinarily, or under certain circumstances, wholly or partially exempt from assessment, is subject occasionally, or under particular circumstances, to the payment of assessment, or of any cess or tax however designated, the said assessment, cess, fine, or tax may be commuted into an annual assessment on the land to be paid under all circumstances, but such commuted assessment shall not exceed such amount as the [Collector] shall deem to be a fair equivalent of the assessment, cess, fine or tax for which it is substituted and shall not be in excess of the assessment to which the land would be ordinarily subject, if no right
Whenever, any such cess, fine or tax hitherto payable by any inferior holder shall be made leviable from the superior holder, it shall be lawful for such superior holder to recover from such inferior holder the amount of the commuted assessment fixed in lieu of such cess, fine or tax.
When it has been customary to levy a larger revenue under the name "veta" or any other designation, upon any portion of land than such portion would ordinarily be liable to in consideration of other land being held with it which is wholly or partially exempt from payment of revenue, the excess of revenue payable on the said portion of land may be charged upon the land hitherto held wholly or partially exempt.
(1) On all lands which are not wholly exempt from the payment of land revenue, and on which the assessment has not been fixed under the provisions of Chapter VIII_A, the assessment of the amount to be paid as land revenue shall, subject to rules made in this behalf under section 214, be fixed at the discretion of the Collector, for such period [not exceeding ninety-nine years] as he may, be authorised to prescribe, and the amounts due according to such assessment shall be levied on all such lands:
[x x x] Provided that in the case of lands partially exempt from land revenue, or the liability of which to payment of land revenue is subject to special conditions or restrictions, respect shall be had in the fixing of the assessment and the levy of the revenue to all rights legally subsisting, according to the nature of the said rights:
[Pro
A Register shall be kept by the Collector in such form as may from time to time be prescribed by the State Government of all lands, the alienation of which has been established or recognised under the provisions of any law for the time being in force; and when it shall be shown to the satisfaction of the Collector that any sanad granted in relation to any such alienated lands has been permanently lost or destroyed, he may, subject to the rules and the payment of the fees prescribed by the State Government under section 213, grant to any person whom he may deem entitled to the same a certified extract from the said Register, which shall be endorsed by the Collector to the effect that it has been issued in lieu of the sanad said to have been lost or destroyed, and shall be deemed to be as valid a proof of title as the said sanad.
The Bombay Land Revenue Code, 1879, serves as a foundational legal framework governing land revenue administration in the state of Maharashtra, India. Section 53 specifically addresses the maintenance of a register of alienated lands, which is crucial for tracking land ownership and transactions.
Section 53 mandates that the Collector shall maintain a register of alienated lands in a prescribed format. This register is essential for documenting all transactions involving land alienation, ensuring transparency and accountability in land dealings.
While Section 53 itself does not specify penalties, related provisions in the Bombay Land Revenue Code may impose penalties for failure to comply with the requirements of maintaining accurate records or for unauthorized land transactions.
The settlement of the assessment of each portion of land, or survey number, to the land revenue, shall be made with the person who, under section 136, is primarily responsible to the State Government for the same.
The State Government may authorise the Collector or the officer in charge of a survey or such other officer as it deems fit to fix such rates as it may from time to time deem fit to sanction, for the use, by landholders and other persons, of water, the right to which vests in the Government, and in respect of which no rate is leviable under the Bombay Irrigation Act, 1879. Such rates shall be liable to revision at such periods as the State Government shall from time to time determine, and shall be recoverable as land revenue.
Arrears of land revenue due on account of land by any landholder shall be a paramount charge on the holding and every part thereof, failure in payment of which shall make the occupancy or alienated holding together with all rights of the occupant or holder over all trees, crops, buildings and things attached to the land or permanently fastened to anything attached to the land, liable to forfeiture, whereupon the Collector may levy all sums in arrears by sale of the occupancy or alienated holding, or may otherwise dispose of such occupancy or alienated holding under rules made in this behalf under section 214, and such occupancy or alienated holding when disposed of, whether by sale as aforesaid, or by respiration to the defaulter, or by transfer to another person or otherwise howsoever, shall unless the Collector otherwise directs, be deemed to be freed from all tenures, rights, encumbrances and equities therefore created in
It shall be lawful for the Collector in the event of the forfeiture of a holding through any default in payment or other failure occasioning such forfeiture under the last section or any law for the time being in force, to take immediate possession of such holding, and to dispose of the same by placing it in the possession of the purchaser or other person entitled to hold it according to the provisions of this Act or any other law for the time being in force.
(1) Every revenue officer and every hereditary patel and every [village accountant] receiving payment of land revenue [shall, at the time when such payment is received by him, give] a written receipt for the same.
(2) Every superior holder of an alienated village or of an alienated share of a village who is entitled to recover direct from an inferior holder any sum due on account of rent or land revenue [shall, at the time when such sum is received by him, give] to such inferior holder a written receipt for the same.
(3) Every hereditary patel and [accountant] who receives, in behalf of a superior holder of an alienated village or of an alienated share of a village, any rent or land revenue from an inferior holder [shall, at the time when such rent or land revenue is received by him, give] to such inferior holder a written receipt for th
Any person convicted of a breach of the provisions of the last preceding section after summary inquiry before the Collector shall be liable to a fine not exceeding three times the amount received for which a receipt was not duly granted (50) [or Rs. 100] and one-half of the fine may, at the discretion of the Collector, be paid to the informer if any. Such inquiry may at any time be instituted by the Collector of his own motion without any complaint being preferred to him.
Any person desirous of taking up unoccupied land which has not been alienated must, previously to entering upon occupation obtain the permission in writing of the Mamlatdar or Mahalkari.
Any person who shall unauthorisedly enter upon occupation of any land set apart for any special purpose, or any unoccupied land which has not been alienated, and any person who uses or occupies any such land to the use or occupation of which by reason of any of the provisions of this Act he is not entitled or has ceased to be entitled shall, if the land which he unauthorisedly occupies forms part of an assessed survey number, pay the assessment of the entire number for the whole period of his unauthorized occupation, and if the land so occupied by him has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land used for the same purpose; and shall also be liable, at the discretion of the Collector, to a fine not exceeding five rupees, or a sum equal to ten times the amount of assessment payable by him for one year, if such sum be in excess of
It shall be lawful for the Collector subject to such rules as may from time to time be made by the State Government in this behalf, to require the payment of a price for unalienated land or to sell the same by auction and to annex such conditions to the grant as he may deem fit, before permission to occupy is given under section 60. The price (if any) paid for such land shall include the price of the Government right to all trees not specially reserved under the provisions of section 40 and shall be recoverable as an arrear of land revenue.
When it appears to the Collector that any alluvial land, which vests under any law for the time being in force in the State Government, may with due regard to the interests of the public revenue be disposed of, he shall offer the same to the occupant (if any) of the bank or shore on which such alluvial land has formed. The price of the land so offered shall not exceed three times the annual assessment thereof. If the said occupant shall refuse the offer, the Collector may dispose of the land without any restrictions as to the price to be asked. For the purpose of this section, notwithstanding anything contained in section 3, if the bank or shore has been mortgaged with possession, the mortgagor shall be deemed to be the occupant thereof.
When alluvial land forms on any bank or shore, the occupant, if any, of such bank or shore shall be entitled to the temporary used thereof unless or until the area of the same exceeds one acre. When the area of the alluvial land exceeds the said extent, it shall be at the disposal of the Collector subject to the provisions of the last preceding section.
[(1)] Any occupant of land assessed or held for the purpose of agriculture is entitled by himself his servants tenants, agents, or other legal representatives, to erect farm-buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land, or its more convenient use for the purpose aforesaid. Procedure if occupant wishes to apply his land to any other purpose.-But, if any occupant wishes to use his holding or any part thereof for any other purpose the Collector's permission shall in the first place be applied for by the occupant. The Collector, on receipt of such application,
(a) shall send to the applicant a written acknowledgment of its receipt, and
(b) may, after due inquiry, either grant or refuse the permission applied for: Provided that, where the Collector fails to inform the appl
Where the occupant of any land assessed or held for any non-agricultural purpose wishes to use such land or part thereof for any other non agricultural purpose, the Collector's permission shall in the first place be applied for by him and the provisions of section 65 shall, so far as may be, apply to such application. Explanation.-In this section, and in section 67-A, "non-agricultural purpose" means any of the purposes specified in clauses (b) to (e) of sub-section (1) of section 48.]
(1) Notwithstanding anything contained in section 65 or 65-A, where-
(a) any land used or held for the purpose of agriculture or, as the case may be, for any non-agricultural purpose not being an industrial purpose is,-
(i) designated for the use of industrial purpose in the draft or final development plan or draft or final town planning scheme under the Gujarat Town Planning and Urban Development Act, 1976; or
(ii) situated in the area where no plan or scheme referred to in sub-clause (i) is in force and is designated by the State Government, by notification in the Official Gazette, for the use of such industrial purpose as may be specified therein, having regard to such factors as may be prescribed by rules made under this Act in this behalf:
P
Section 65(b) of the Bombay Land Revenue Code, 1879, pertains to the use of land for bonafide industrial purposes, outlining conditions under which such land can be utilized without prior permission, and establishing penalties for unauthorized use. It forms part of a broader legal framework regulating land use, transfer, and assessment, especially in the context of industrial development and land management in Maharashtra and Gujarat.
Section 65(b) primarily authorizes the use of land for bonafide industrial purposes without requiring prior permission from the Collector, provided certain conditions are met. It also stipulates that such use must comply with applicable laws and that any unauthorized use or diversion is punishable. The section enables the government to regulate and facilitate industrial growth while maintaining control over land utilization.
Section 65(b) applies to:- Land designated for industrial purposes in development plans or notified areas.- Use of land for bona fide industrial activities without prior permission, subject to conditions.- Cases where the government has issued notifications or rules regarding land use for industry.- Situations involving the conversion or change of land use from agricultural or other non-industrial purposes to industrial use.
It does not apply to:- Land used for purposes other than bona fide industrial activities.- Land situated within urban development authorities or where town planning schemes are in force, unless explicitly permitted.- Unauthorized or illegal diversion of land use, which falls under penalties and enforcement provisions.
Violations of Section 65(b), such as unauthorized use or diversion of land for industrial purposes, attract penalties including:- Fine, which may extend up to ten thousand rupees, or as specified by the Collector.- Recovery of land or interest through attachment and sale.- Initiation of proceedings for cancellation of unauthorized use.- Penalties for non-compliance with notifications or conditions prescribed under the section.
Note: The references are based on the provided sources, emphasizing legal precedents, statutory interpretations, and related regulations to give a comprehensive legal overview.
If any land referred to in section 65 or section 65-A be used for any purpose other than the purpose for which such land is assessed or held without the permission of the Collector being first obtained, or before the expiry of three months referred to in section 65 or despite refusal of permission during the said period of three months, then, without prejudice to the occupant's liability to pay the new assessment leviable under section 48 or the conversion tax leviable under section 67-A,- (a) the occupant and any tenant or other person holding under or through him shall be liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of the survey number of which it may form a part; and
(b) the occupant shall also be liable to pay for the period during which the said land has been so used, such fine as the Collector may, su
Nothing [in sections 65, 65-A and 66] shall prevent the granting of the permission aforesaid on such terms or conditions as may be prescribed by the Collector, subject to any rules made in this behalf by the State Government.
67A:Payment of conversion tax by occupant for charge of use of land in certain areas.
(1) Where any land assessed or held for the purpose of agriculture and situated in an area specified in column (2) of the Table below (hereafter in this section referred to as the specified area)-
(a) is permitted, or deemed to have been permitted, under section 65, to be used for any other purpose; or
(b) is used for any other purpose without the permission of the Collector being first obtained or before the expiry of the period prescribed <
An occupant is entitled to the use and occupation of his land for the period, if any, to which his tenure is limited, or if the period is unlimited, or a survey settlement has been extended to the land in perpetuity conditionally on the payment of the amounts due on account of the land revenue for the same, according to the provisions of this Act, or of any rules made under this Act, or of any other law for the time being in force, and on the fulfillment of any other terms or conditions lawfully annexed to his tenure: Provided that nothing in this or any other section shall make it, or shall be deemed ever to have made it, unlawful for the Collector at any time to grant permission to any person to occupy any unalienated unoccupied land, for such period and on such conditions as he may, subject to rules made by the State Government in this behalf, prescribed, and in any such case the occupancy shall, whether a survey settlemen
The right of the Government to mines and mineral products in all [x x x] land is and is hereby declared to be expressly reserved: [x x x]
[(1) Notwithstanding anything contained in any custom, usage, grant, sanad or order or agreement or any law for the time being in force, or in any judgment, decree or order of a court or of other authority, with effect on and from the 1st may, 1960 all mines whether being worked or not and minerals whether discovered or not and all quarries which are situate within the limits of any land, granted or recognised under any contract, grant or law for the time being in force or decree of a court, shall vest in and with all rights over the same or appurtenant there to be the property of the State Government, and the State Government shall, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 (Lxvii of 1957) have all powers necessary for the proper enjoyment and disposal of such rights.
(2) The rights of the Government to mines and mineral products in
In any case where an occupancy is not transferable without the previous sanction of the Collector, and such sanction has not been granted to a transfer which has been made or ordered by Civil Court or on which the Court's decree or order is founded. (a) such occupancy shall not be liable to the process of any court, and such transfer shall be null and void, and
(b) the court, on receipt of a certificate under the hand and seal of the Collector, to the effect that any such occupancy is not transferable without his previous sanction and that such sanction has not been granted, shall remove any attachment or other process placed or on set aside any sale of, or affecting, such occupancy.
[Repealed]
If an occupant who is either a Hindu, a Mohammedan, or a Buddhist dies interstate and without known heirs, the Collector shall dispose of his occupancy by sale, subject to the provisions of this Act or of any other law at the time in force for the sale of forfeited occupancies in realization of the land revenue, and the law at the time in force concerning property left by Hindus, Mohammedans or Buddhists dying interstate and without known heirs shall not be deemed to apply to the said occupancy but only to the proceeds of such sale after deducting all arrears of land revenue due by the deceased to the Government and all expenses of the said sale.
An occupancy shall, subject to the provisions contained in section 56, and to any conditions lawfully annexed to the tenure, and have as otherwise prescribed by law, be deemed an heritable and transferable property.
(1) Notwithstanding anything in the foregoing section, in any tract or village to which the State Government may, by notification published before the introduction therein of an original survey settlement under section 103, declare the provisions of this section applicable, occupancies shall not after the date of such notification be transferable without the previous sanction of the Collector.
(2) The State Government may, by notification in the Official Gazette, from time to time exempt any part of such tract or village or any person or class of persons from the operation of this section.
(1) Notwithstanding anything contained in section 73, an occupancy of a person belonging to any of the Schedule Tribes (hereafter in this section and in section 73-AB referred to as "(the tribal)" shall not be transferred to any person without the previous sanction of the Collector.
(2) The previous sanction of the Collector under sub-section (1) may be given in such circumstances and subject to such conditions as may be prescribed.
(3)
(a) Where tribal transfers the possession of his occupancy to another tribal in contravention of sub-section (1), the tribal transferor or his successor in interest may, within two years of such transfer, apply to the collector that the possession of such occupancy may be restored to him and there upon the Collector shall, after issuing a notice to the transfer
Notwithstanding anything contained in section 73 or in sub-section (1) of section 73-AA or in any condition lawfully annexed to the tenure, but subject to the provision contained in section 35, it shall be lawful for an occupant to mortgage, or create a charge on his interest, in his occupancy in favour of the State Government in consideration of a loan advanced to him by the State Government under the Land Improvement Loans Act, 1883, the Agriculturists Loans Act, 1883 (19 of 1883) or the Bombay Non-Agriculturists 'Loans Act, 1928 (Bombay Ill of 1928) as in force in the State of Gujarat or in favour of a bank or a cooperative society, and without prejudice to any other remedy open to the State Government, bank or cooperative society as the case may be, the event of his making default in the payment of such loan in accordance with the terms on which such loan was granted, it shall be lawful for the State Government, bank of C
(1) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under section 73-A or section 73-AA or section 73-AB required to be settled, decided or dealt with by the Collector nor shall the civil court have jurisdiction to entertain any suit or application for grant of injunction (whether temporary or permanent) in relation to such question.
(2) No order of the Collector made under section 73-A or section 73-AA or section 73-AB shall be called in question in any civil or criminal court.
Explanation.-For the purposes of this section, a civil court shall include a Mamlatdar's Court under the Mamlatdars Court Act, 1906 (Bombay II of 1906).
(1) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908),-
(a) no document relating to transfer (not being a mortgage or creation of charge failing under section 73-AB of an occupancy of a person belonging to any of the Scheduled Tribes shall be registered on or after the date of the commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (Gujarat 37 of 1980) (hereinafter in this section referred to as "the said date"), by any registering officer appointed under the Registration Act, 1908 unless the person presenting the document furnishes a declaration by the transferor in the prescribed form which shall be subject to verification in the prescribed manner, that the transfer of occupancy is made with the previous sanction of the Collector under section 73-A or section 73-AA;
(b) a document r
[ Where any occupancy, by virtue of any conditions annexed to the tenure by or under this Act, is not transferable or partible without the previous sanction of the State Government, the Collector or any other officer authorised by the State Government, such sanction shall not be given except on payment to the State Government of such sum as the State Government may by general or special order determine.]
The occupant may relinquish his land, that is, resign it in favour of the Government but subject to any rights, tenures, encumbrances or equities lawfully subsisting in favour of any person (other than the Government or the occupant) by giving notice in writing to the Mamlatdar or Mahalkari before the 31st March in any year or before such other date as may from time to be prescribed in this behalf by tile State Government and such relinquishment shall have effect from the close of the current year: Provided that no portion of land which is less in extent than a whole survey number or sub-division of a survey number may be relinquished.
[Repealed]
,-The provisions of the last section shall apply as far as maybe, to the holders of alienated land: Provided that,
(a) it shall not be lawful to relinquish as aforesaid, any portion of any land held wholly or partially exempt under the circumstances described in the first paragraph of section 49 until the commuted assessment payable in respect of such portion of land has been determined under the provisions of the said section; and that
(b) Relinquishment of land described in section 51.-if any person relinquishes land on which, under the circumstances described in section 51, a larger revenue is levied than would ordinarily be leviable on such land, he shall be deemed to have relinquished also the land held with it which is wholly or partially exempted from payment of revenue.
If any person relinquishes land, the way to which lies through other land which he retains, the right of way through the land so retained shall continue to the future holder of the land relinquished.
Nothing in section 74 shall affect- the validity of the terms or conditions of any lease or other express instrument under which land is, or may hereafter be, held from the Government.
[Repealed]
Any person unauthorisedly occupying, or wrongfully in possession of, any land- may be summarily evicted by the Collector: (a) to the use or occupation of which by reason of any of the provisions of this Act he is not entitled or has ceased to be entitled, or
(b) which is not transferable without previous sanction under section 73-A or section 73-AA or section 73-AB by virtue of any condition lawfully annexed to the tenure under the provisions of section 62, 67 or 68,
[Provided that this section shall not apply in the case where the tribal transferor does not make an application under cause (a) of sub-section (3) of section 73-AA within the time specified in that clause for restoration of possession.]
In order to prevent the forfeiture of an occupancy under the provisions of section 56 or of any other law for the time being in force,[through non-payment of the land revenue due on account thereof by the person primarily liable for payment of it shall be lawful for any person interested to pay on behalf of such person] all sums due on account of land revenue and the Collector shall on due tender thereof receive the same. And in any such case the Collector may under section 86 give to the person who has paid the land revenue as aforesaid aid for the recovery of any portion of such land revenue which he may consider to be properly payable by other persons: Provided that nothing authorized or done under the provisions of this section shall affect the rights of the parties interested as the same may be established in any suit between such parties in a Court of competent jurisdiction.
[Repealed]
It shall be lawful for the State Government by notification in the Official Gazette from time to time.- During the period for which any notification under the above clause (a) is in force within any local area, such rules shall be substituted for the provisions of which the operation is suspended as the (73) [State Government] shall from time to time direct.(a) to suspend the operation of section 60 or 74 or of both, within any prescribed local area, either generally, or in respect of cultivators or occupant of a particular class or classes; and
(b) to cancel any such notification.
A person placed, as tenant, in possession of land by another, or in that capacity, holding, taking, or retaining possession of land permissively from or by sufferance of another shall be regarded as holding the same at the rent or for the services agreed upon between them; or in the absence of satisfactory evidence of such agreement at the rent payable or services renderable by the usage of the locality, or, if there be no such agreement or usage, shall be presumed to hold at such rent as, having regard to all the circumstances of the case, shall be just and reasonable. Duration of tenancy.-And where by reason of the antiquity of a tenancy, no satisfactory evidence of its commencement is forthcoming, and there is not any such evidence of the period of its intended duration, if any, agreed upon between the landlord and tenant, or those under whom they respectively claim title or any usage of the locality as to duration of such
An annual tenancy shall in the absence of proof of the contrary be presumed to run from the end of one cultivating season to the end of the next. The cultivating season may be presumed to end on the 31st March. Three months' notice of termination of tenancy to be given by landlord to tenant, or vice versa.-An annual tenancy shall in the absence of any special agreement in writing to the contrary require for its termination a notice given in writing by the landlord to the tenant, or by the tenant to the landlord, at least three months before the end of the year of tenancy at the end of which it is intimated that the tenancy is to cease. Such notice may be in the form of Schedule E, or to the like effect.
[ - The provisions of sections 83 and 84 shall cease to apply to tenancies to which the provisions of the Bombay Tenancy and Agricultural Lands Act, [1948 (Bombay LXVII of 1948), or as the case may be, of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 (Bombay XCIX of 1958), apply.]
(1) Whenever from any cause the payment of the whole or any part of the land revenue payable to the State Government by a superior holder in respect of any land is suspended or remitted, the Collector, acting under general or special orders of the State Government, may suspend or remit as the case may be, the payment to such superior holder of the rent or land revenue of such land by the inferior holder or holders to an amount which-
(a) in the case of land in respect of which full assessment is payable to the State Government, shall not exceed double the amount of the land revenue of which the payment by such superior holder has been suspended or remitted by the State Government, and
(b) in the case of land in respect of which land revenue less than the full assessment is payable to the State Government, shall not exceed double the amo
(1) Every superior holder of an alienated village or of an alienated share of a village, in which there are a hereditary patel and a [Village Accountant] shall receive his dues on account of rent or land revenue, from the inferior holders through such patel and accountant.
(2) Where such patel and accountant fail to recover in behalf of such superior holder any sum due and payable to him on account of rent or land revenue, such superior holder shall, with the previous consent of the Collector, be entitled to recover his dues direct from the inferior holders.
(3) Where any such patel or accountant has recovered any sum in behalf of such superior holder and fails to account to him for the same, the Collector, shall, on written application from the superior holder, recover such sum from such patel or accountant as an arrear of land revenue.
Superior holders shall, upon written application to the Collector, be entitled to assistance, by the use of precautionary and other measures, for the recovery of rent or land revenue payable to them by inferior holder or by co-sharers in their holdings under the same rules, except that contained in section 137, and in the same manner as prescribed in Chapter XI for the realization of land revenue by the State Government: [Provided that such application shall be made before the expiry of the year immediately succeeding the revenue year or the year of the tenancy in which the said rent or land revenue became payable.]
(1) On application being made under section 86 to the Collector, he shall cause a written notice thereof to be served on the inferior holder or co-sharer fixing a day for inquiry into the case.
(2) On the day so fixed he shall hold a summary inquiry, and shall pass an order for rendering assistance to the superior holder for the recovery of such amount, if any, of rent or land revenue as appears to him upon the evidence before him to be lawfully due.
(3) Assistance may be refused or granted to a limited extent only.-But, if it appears to the Collector that the question at issue between the parties is of a complicated or difficult nature, he may in his discretion either refuse the assistance asked for, or, if the land to which the dispute relates, has been assessed under the provisions of this Act grant assistance to the extent only for t
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
(1) The superior holder of an alienated village or of an alienated share of a village, in which there are a hereditary patel and a *[Village Accountant] and to which a survey settlement has been extended under section 216, may by application in writing to the Assistant or Deputy Collector in charge of the taluka request that the rent or land revenue due to such superior holder may during a period named in the application be recovered as a revenue demand.
(2) The Collector may in his discretion sanction the application for a period not exceeding that named by the applicant, and in such case the following provisions shall apply:-
(a) Any rent or land revenue that accrues or has accrued due to the superior holder during the sanctioned period or a period of six years previous thereto shall, to an extent not exceeding the assessment fixed on
It shall be lawful for the State Government, whenever it may seem expedient, to direct the survey of any land in any part of the area to which this Act extends, with a view to the settlement of the land revenue, and to the record and preservation of rights connected therewith, or for any other similar purpose and such survey shall be called a revenue survey. Such survey may extend to the lands of any village, town, or city, generally, or to such land only as the State Government may direct; and subject to the orders of the State Government it shall be lawful for the officers conducting any such survey to except from the survey settlement any land to which it may not seem expedient that such settlement should be applied. Control of revenue survey .-The control of every such revenue survey shall vest in and be exercised by the State Government.
It shall be lawful for the survey officer deputed to conduct to take part in any such survey, to require by general notice or by summons, the attendance of holders of lands and of all persons interested therein, in person, or by legally constituted agent duly instructed and able to answer all material questions, and the presence of taluka and village officers, who in their several stations and capacities are legally, or by usage, bound to perform service in virtue of their respective offices and to require from them such assistance in the operations of the survey and such service in connection therewith, as may not be inconsistent with the position of the individual so called on.
lt shall be lawful for the survey officer to call upon all holders of land and other persons interested therein to assist in the measurement or classification of the lands to which the survey extends by furnishing flag-holders; and in the event of necessity for employing hired labour for this or other similar object, incidental to survey operations, it shall be lawful to assess the cost thereof, with all contingent expenses on the lands surveyed, for collection as a revenue demand.
Except as hereinafter provided, no survey number comprising land used for purposes of agriculture only shall be made of less extent than a minimum to be fixed from time to time for the several classes of land in each district by the Commissioner of Survey, with the sanction of the State Government. A record of the minima so fixed shall be kept in the Mamlatdar's office in each taluka, and shall be open to the inspection of the public at reasonable times. Exception.-These provisions shall not apply to survey numbers which have already been made of less extent than the minima so fixed, or which may be so made under the authority of the Commissioner of Survey given either generally or in any particular instance in this behalf; and any survey number separately recognized in the land records shall 1 be deemed to have been authorisedly made whatever be its extent.
[Repealed].
[Repealed].
[Repealed].
[Repealed].
[Repealed].
[Repealed].
The fixing of the assessment under the provisions of this Act shall be strictly limited tot he assessment of the ordinary land revenue, and shall not operate as a bar to the levy of any cess which it shall be lawful for the State Government to impose under the provisions of any law for the time being in force for purposes of local improvement, such as schools, village, and district roads bridges, tanks, wells, accommodation or travelers, and the like or of any rate for the use of water which may be imposed under the provisions of section 55 or of the Bombay Irrigation Act 1879.
It shall be lawful for the State Government to direct at any time, a fresh survey or any operation subsidiary thereto: Provided that when a general classification of the soil of any area has been made a second time, or when any original classification of the soil of any area has been approved by the State Government as final, no such classification shall be again made with a view to the revision of the assessment of such area.
[Repealed]
It shall be the duty of the survey officer, or the Settlement Officer on the occasion of making or revision a settlement of land revenue, to prepare a register, to be called "the Settlement Register", showing the area and assessment of each survey number, with any other particulars that may be prescribed and other records in accordance with such orders as may from time to time be made on this behalf by the State Government.
[Repealed]
[Repealed]
In the event of any alienated village or estate coming under the temporary management of Government Officers, it shall be lawful for the Collector to let out the lands thereof, at rates determined by means of a survey settlement or at such other fixed rates as he may deem to be reasonable, and to grant unoccupied lands on lease and otherwise to conduct the revenue management thereof under the rules for the management of unalienated lands, so far as such rules may be applicable, and for so long as the said village or estate shall be under the management of Government Officers: Provided, however, that any written agreements relating to the land, made by the superior holder of such village or estate, shall not be affected by any proceedings under this section in so far as they shall not operate to the detriment of the lawful claims of the Government on the land.
Existing survey settlements of land revenue made, approved and confirmed under the authority of the State Government shall be, and are hereby declared to be, in force subject to the provisions of this Act.
Expenses properly incurred in making partition of estates paying revenue to the State Government shall be recoverable as a revenue demand in such proportions as the Collector may think fit from the sharers at whose request the partition is made, or from the persons interested in the partition.
[Repealed]
[Repealed]
When any portion of cultivable land is permitted to be used under the provisions of section 65 or 67 for any non-agricultural purpose or when any portion of land is specially assigned under section 38, or when any assessment is altered or levied on any portion of land under sub-section (2) or sub-section (3) of section 48, such portion may, with the sanction of the Collector, be made into a separate number at any time notwithstanding the provisions of section 98.
[Repealed].
[Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947)].- (1) survey numbers may from time to time and at any time be divided into so many sub-divisions as may be required in view of, the acquisition of rights in land or for any other reasons;
(2) the division of survey numbers into sub-divisions and the fixing of the assessment of the sub-divisions shall be carried out and from time to time revised in accordance with rules made by the State Government in this behalf:
Provided that the total amount of the assessment of any survey number or sub-division shall not be enhanced during any term for which such assessment may have been fixed under the provisions of this Act, unless such assessment is liable to alteration under section 48;
&nb
Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947), if any sub-division of a survey number is relinquished under section 74 or is forfeited for default in payment of land revenue, the Collector shall offer such sub- division at such price as he may consider it to be worth to the occupants of the other sub-divisions of the same survey number in such order as in his discretion he may think fit; in the event of all such occupants refusing the same, it shall be disposed of as the Collector shall deem fit: Provided that until the said sub-division shall be occupied or until the entire survey number shall be relinquished, whichever event may first occur, the assessment of the said sub-division shall be levied from the occupants of the other sub-divisions of the survey number in proportion to the amount of assessment due from such occupants on account of
In this Chapter, unless there is anything repugnant in the subject or context- (1) "Settlement" means the result of the operations conducted in a zone in order to determine the land revenue assessment.
[(1-A) "zone" means a local area comprising a taluka or a group of talukas or portions thereof of one or more districts, which in the opinion of the State Government or an officer authorised by it in this behalf, is contiguous and homogeneous in respect of-
(i) physical configuration,
(ii) climate and rainfall,
(iii) principal crops grown in the area, and
(iv) soil characteristics.]
(2) "Term of a settlement" means the period for which the State Government has
(1) The State Government may at any time direct a settlement, hereinafter referred to as an original settlement, of the land revenue of any land of which a revenue survey has been made under section 95 [or not].
(2) The State Government may also direct at any time a fresh settlement, hereinafter referred to as a revision settlement, of the land revenue of such land:
Provided that no enhancement of assessment shall take effect before the expiration of the settlement for the time being in force.
A settlement shall remain in force for a period of 30 years: Provided that in the case of any particular settlement, the State Government may, for reasons to be recorded, direct that the settlement shall remain in force for any period less than 30 years: Provided further that, when in the opinion of the State Government a revision settlement is inexpedient, or when the introduction of such settlement has, for any cause, been delayed, the State Government may extend the term of the settlement or the time being in force for such period as it may think fit.
[Deleted]
(2) The groups shall ordinarily be formed on a consideration of the following factors:- (1) The land revenue assessment on all lands in respect of which a settlement has been directed under sub-section (1) or sub-section (2)of section 117-D and which are not wholly exempt from the payment of land revenue shall, subject to the limitations contained in [the first proviso to sub-section (1) of] section 52; be determined by dividing the lands to be settled into groups and fixing the standard rates for each group;
[x x x]
(i) physical configuration,
(ii) climate and rainfall,
(iii) prices, and
(iv) yield of principal crops:
Provided that if deemed necessary, the fol
If during 30 years immediately preceding the date on which the settlement for the time being in force expires any improvements have been effected in any land by or at the expense of the holder thereof, the increase [in the average yield of crops] of such land due to the said improvements shall not be taken into account in fixing the revised assessment thereof.
In making a settlement the Settlement Officer shall proceed as follows:- (1) He shall hold enquiry in the manner prescribed by rules made under this Act.
(2) He shall divide the lands to be settled into groups.
(3) He shall ascertain in the prescribed manner the [average yield of crops] of lands for the purposes of the settlement.
(4) He shall then fix standard rates for each class of land in each group on a consideration of [the relevant factors as provided] in sub-section (2) of section 117-G.
(5) He shall submit to the Collector a report, hereinafter called the settlement report, containing his proposals for the settlement.
(1) After the settlement report has been submitted to the Collector, the Collector shall cause such report to be published in the prescribed manner.
(2) There shall also be published in each village concerned in the regional language of such village a notice stating for each class of land in the village the existing standard rate and the extent of any increase or decrease proposed therein by the Settlement Officer. The notice shall also state that any person may submit to the Collector his objections in writing to the proposals contained in the settlement report within three months from the date of such notice.
After taking into consideration such objections as may have been received by him, the Collector shall forward to the State Government, through such officers as the State Government may direct, the settlement report with his remarks thereon.
Any person aggrieved by the report published by the Collector under section 117-J may within two months from the date of notice under sub-section (2) of section 117-J apply to the State Government for reference to the Gujarat Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957 (Bombay XXXI of 1958). On such person depositing such amount of costs as may be prescribed, the State Government shall direct the report to be sent to the Revenue Tribunal for enquiry. The Revenue Tribunal after making an enquiry in the manner prescribed shall submit its own opinion on the objections raised and on such other matters as may be referred to it by the State Government. The State Government may make rules for the refund of the whole or any portion of the costs in such cases as it deems fit.
(1) The settlement report together with the objections, if any received thereon and the opinion of the Revenue Tribunal on a reference, if any, made to it under section 117-KK shall be laid on the table of the State Legislature and a copy thereof shall be sent to every member thereof. The said report shall be liable to be discussed by a resolution moved in the State Legislature at its next following session.
(2) After the termination of such session the State Government may pass such orders as it may deem fit:
Provided that no increase in the standard rates proposed in the settlement report shall be made unless a fresh notice as provided in section 117-J has been published in each village affected by such rates and objections received, if any, have been considered by the State Government. The provisions of sub-section (1) shall, so far
[(1) Notwithstanding anything contained in this Chapter, it shall be lawful for the State Government in any year, after the expiry of every ten years from the date on which the settlement was introduced under section 117-O, to enhance or reduce the assessment on lands in any zone, by placing a surcharge or granting a rebate, on the assessment by reference to the alteration of the prices of the principal crops in such zone.
(2) For the purpose of sub-section (1), the prices of principal crops shall be recorded and published in the Official Gazette.
(3) The surcharge shall be levied or the rebate shall be granted under sub-section (1) according to the scale prescribed by rules made in this behalf.]
(1) The State Government may at the time of passing orders under sub-section (2) of section 117-L extent any land from assessment under this Chapter for any advantage or specified kind of advantage accruing to it from water.
(2) The State Government may at any time during the term of the settlement, after publishing a notice in the village concerned in the regional language of such village and after the expiry of a period of six months from the date of the publication of such notice, withdraw any exemption granted by it under sub-section (1) and direct that such land shall be assessed for such advantage.
After the State Government has passed orders under section 117-L and notice of the same has been given in the prescribed manner the settlement shall be deemed to have been introduced and the land revenue according to such settlement shall be levied from such date as the State Government may direct: Provided that in the year in course of which a survey settlement, whether original or revised may be introduced under this section, the difference between the old and the new assessment of all lands on which the latter may be in excess of the former shall be remitted and the revised assessment shall be levied only from the next following year:
Provided further that in the year next following that in which any original or revised survey settlement has been introduced any occupant who may be dissatisfied with the increased rate imposed by such new assessment on any of the survey numbers or
-Nothing in this Chapter shall be deemed to prevent the Settlement Officer from determining and registering the proper full assessment on lands wholly exempt from the payment of land revenue.
Notwithstanding anything contained in this Chapter the State Government may direct at the time of passing orders under sub-section (2) of section 117-L that any land in respect of which a settlement is made under this Chapter shall be liable to be assessed to additional land revenue during the term of the settlement for additional advantages accruing to it from water received on account of irrigation works or improvements in existing irrigation works completed after the State Government has directed the settlement under section 117-D and not effected by or at the expense of the holder of the land. Such land revenue shall be leviable only when no rate in respect of such additional advantages is levied under the Bombay Irrigation Act, 1879 (Bombay VII of 1879): Provided that the State Government shall, before making such direction, publish a notice in this behalf in the village concerned in the regional language of such village
All settlement of land revenue heretofore made and introduced and in force at the date of the commencement of the Bombay Land Revenue Code (Amendment) Act, 1939, shall be deemed to have been made and introduced in accordance with the provisions of this Chapter and shall, notwithstanding anything contained in section 117-E, be deemed to continue to remain in force until the introduction of a revision settlement.
The boundaries of villages situated in the area to which this Act extends shall be fixed, and all disputes relating thereto shall be determined by survey officers, or by such other officers as may be nominated by the State Government for the purpose, who shall be guided by the following rules. Rule 1.-When the patels and other village officers of any two or more adjoining villages and in the case of an alienated village the holder thereof or his duly constituted agent, shall voluntarily agree to any given line of boundary as the boundary common to their respective villages, the officer determining the boundary shall require the said parties to execute and agreement to that effect, and shall then mark off the boundary in the manner agreed upon. And any village boundary fixed in this manner shall be held to be finally settled, unless it shall appear to the said officer that the agreement has been obtained by fraud, intimidation
If at the time of a survey, the boundary of a field or holding be undisputed, and its correctness be affirmed by the village officers then present, it may be laid down as pointed out by the holder or person in occupation, be not present, it shall be fixed by the survey officer according to the land records and according to occupation as ascertained from the village officers and the holders of adjoining lands, or on such other evidence or information as the survey officer may be able to procure. If any dispute arise concerning the boundary of a field or holding which has not been surveyed, or if at any time after the completion of a survey a dispute arise concerning the boundary of any survey number or sub-division of a survey number, it shall be determined by the Collector, who shall be guided by the land records if they afford satisfactory evidence of the boundary previously fixed, and if not, by such other evidence as he ma
If the several parties concerned in a boundary dispute agree to submit the settlement thereof to an arbitration committee, and make application to that effect in writing, the officer whose duty it would otherwise be to determine the boundary shall require the said parties, to nominate a committee of not less than three persons, within a specified time, and if within a period to be fixed by the said officer the committee so nominated or a majority of the members thereof arrive at a decision, such decision, when confined by the said officer, or if the said officer be a survey officer lower in rank than a Superintendent of Survey, by the Superintendent of Survey, shall be final: When award may be remitted for reconsideration- Provided that the said officer, or the Superintendent of Survey shall have power, to remit the award, or any of the matters referred to arbitration, tot he reconsideration of the same committee, for any of
(1) The settlement of a boundary under any of the foregoing provisions of this chapter shall be determinative-
(a) of the proper position of the boundary line or boundary marks, and
(b) of the rights of the landholders on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings.
(2) Where a boundary has been so fixed, the Collector may at any time summarily evict any landholder who is wrongfully in possession of any land which has been adjudged in the settlement of boundary not to appertain to his holding or to the holding of any person through or under whom he claims.
It shall be lawful for any survey officer, authorised by a Superintendent of Survey or Settlement Officer, to specify or cause to be constructed, laid out, maintained or repaired boundary marks of villages of survey numbers or subdivisions of survey numbers whether cultivated or uncultivated, and to assess all charges incurred thereby on the holders or others having an interest therein. Requisition on landholders to erect or repair boundary-marks.- Such officer may require landholders to construct, lay out, maintain or repair their boundary-marks, by a notification which shall be posted in the chavdi or other public place in the village, to which the lands under survey belong directing the holders of survey numbers or sub-divisions to construct, lay out, maintain or repair, within a specified time, the boundary-marks of their respective survey numbers or sub-divisions and on their failure to comply with the requisition so mad
Every landholder shall be responsible for the maintenance and good repair of the boundary marks of his holding, and for any charges reasonably incurred on account of the same by the revenue officers in cases of alteration, removal, or disrepair. It shall be the duty of the village officers and servants to prevent the destructions or unauthorised alteration of the village boundary-marks.
When the survey settlement shall have been introduced into a district, the charge of the boundary marks, shall devolve on the Collector and it shall be his duty to take measures for their construction laying out, maintenance and repair, and for this purpose the powers conferred on survey officers by section 12 shall vest in him.
Any person convicted after a summary inquiry before the Collector or, before a survey officer, Mamlatdar, or Mahalkari, of wilfully erasing, removing or injuring a boundary marks, shall be liable to a fine not exceeding fifty rupees for each mark so erased, removed or injured. One-half of every fine imposed under this section may be awarded by the officer imposing it to the informer, if any, and the other half shall be chargeable with the cost of restoring the mark.
It shall be lawful for the Collector or for a survey officer, acting under the general or special orders of the State Government, to determine what lands are included within the site of any village, town, or city, and to fix, and from time to time to vary the limits of the same, respect being had to all subsisting rights of landholders.
Act XI of 1852 and Bombay Acts II and VII of 1863 shall be deemed to be applicable, and to have always been applicable, in the territories to which they respectively extend, to all lands within the limits of the site of any town or city in which an inquiry into titles has been made under the provisions of Bombay Act IV of 1868 which have been hitherto ordinarily used for agricultural purposes only; but the provisions of the said Acts shall not be deemed applicable to any other lands within the limits of the site of any such town or city.
[(1)] The existing exemption from payment of land revenue of lands other than lands which have hitherto been ordinarily used for purposes of agriculture only, situate within the sites of towns and cities in which an inquiry, into titles has been made under the provisions of Bombay Act IV of 1868 shall be continued-
First-if such lands are situated in any town or city where there has been in former years a survey which the State Government recognize for the purpose of this section, and are shown in the maps or other records of such survey as being held wholly or partially exempt from the payment of land revenue;
Second-if such lands have been held wholly or partially exempt from the payment of land revenue for a period of not less than five years before the application of Bombay Act I of 1865, or IV of 1868 to such town or city;
(1) Claims to exemption [under sub-section (1) of section 128] shall be determined by the Collector after a summary inquiry, and his decision shall be final.
(2) Any suit instituted in a Civil Court to set aside any order passed by the Collector under sub-section (1), in respect of any land situate within the site of a village, town or city, shall be dismissed (although limitation has not been set up as a defence) if it has not been instituted within one year from the date of the order.
In towns and cities to which [Sub-section (1) of section 128] applies, the sub-section (1) of holders of any lands other than lands which have hitherto been used for purposes of agriculture only, which have been unauthorisedly occupied for a period commencing less than two years before Bombay Act I of 1865 or IV of 1868 was applied to the Town or city in which the said lands are situate, shall be liable to pay a price for the said lands in addition to the land revenue assessed thereupon. The said price shall be determined according to the provisions of section 62.
If the State Government shall at any time deem it expedient to direct a survey of the lands other than those used ordinarily for the purposes of agriculture only within the site of any village, town, or city under the provisions of section 95, or a fresh survey thereof under the provisions of section 106, such survey shall be conducted, and all its operations shall be regulated, according to the provisions of Chapters VIII and IX of this Act: Provided that nothing contained in section 96, 97,101, 104, or 118 thereof shall be considered applicable to any such survey in any town or city containing more than two thousand inhabitants.
When a survey is extended under the provisions of the last preceding section to the site of any town or city containing more than two thousand in habitants, each holder of a building site shall be liable to the payment of a survey fee to be assessed by the Collector under such rules as may be prescribed in this behalf from time to time by the State Government, provided that the said fee shall in no case exceed such amount for each building site or any portion thereof held separately as the State as the State Government may, having regard to the cost ordinarily incurred in such survey operations, specify inshore rules. The said survey-fee shall be payable within six months from the date of a public notice to be given in this behalf by the Collector after the completion of the survey of the site of the town or city, or of such part thereof as the notice shall refer to.
Every holder of a building site as aforesaid shall be entitled, after payment of the said survey-fee, to receive from the Collector without extra charge one or more sanads, in the form of Schedule H, or to the like effect specifying by plan and description the extent and conditions of his holding: Provided that if such holder do not apply for such sanad or sanads at the time of payment of the survey fee or thereafter within six months from the date of the public notice issued by the Collector under the last preceding section, the Collector may require him to pay an additional fee not exceeding one rupee for each sanad. Every such sanad shall be executed on behalf of the Government by such officer as may from time to time be lawfully empowered to execute the same.
The Bombay Land Revenue Code, 1879, is a significant piece of legislation governing land revenue and related matters in the state of Maharashtra, India. Section 133 specifically addresses the grant of "Sanad" for building sites, which is crucial for establishing legal rights over land.
Section 133 provides that every holder of a building site is entitled to a Sanad after the payment of the requisite survey fees. This Sanad serves as a formal document recognizing the holder's rights over the land.
The scope of Section 133 extends to all holders of building sites within the jurisdiction of the Bombay Land Revenue Code. It establishes a legal framework for the recognition of rights over land, facilitating the process of obtaining a Sanad.
While Section 133 itself does not prescribe specific punishments, related sections of the Bombay Land Revenue Code may impose penalties for non-compliance with the provisions of the Code, including unauthorized alterations or failure to pay land revenue.
"Sanad Definition" - The Sanad issued under Section 133 is interpreted as a permanent grant of land, not a lease, emphasizing its heritable and transferable nature. - [ Ahmed Fakirsaheb Kokani VS Mohammedsaheb Hasansaheb Khatib]
"Natural Justice" - Courts have emphasized the importance of natural justice, stating that affected parties must be given a fair hearing before adverse decisions are made regarding land rights. - [ Ahmed Fakirsaheb Kokani VS Mohammedsaheb Hasansaheb Khatib]
"Building Site Rights" - Section 133 ensures that holders of building sites have a clear legal title, which is essential for property transactions and development. -
"Revenue Authority Limitations" - Revenue authorities cannot decide on the title of land; such disputes must be referred to a competent civil court. - [ Nirmalaben @ Nilaben Ratnasinh Chauhan W/O Takhatsinh Dansinh Thakore VS State Of Gujarat Through The Secretary]
"Mutations and Entries" - The process of mutation of entries in land records must comply with the provisions of the Code, and any disputes regarding title should be resolved in civil courts. - [ Nirmalaben @ Nilaben Ratnasinh Chauhan W/O Takhatsinh Dansinh Thakore VS State Of Gujarat Through The Secretary]
"Legal Standing" - Petitioners must demonstrate legal standing and interest in the property to challenge decisions made under the Code. - [ Radhe Enterprise VS State of Gujarat]
"Breach of Permission" - The issuance of notices for breaches of non-agricultural (NA) permissions must be timely and comply with procedural requirements. - [ Radhe Enterprise VS State of Gujarat]
"Judicial Review" - Courts have the authority to review actions taken by revenue authorities under the Code, particularly regarding the issuance of Sanads and related rights. - [ Ahmed Fakirsaheb Kokani VS Mohammedsaheb Hasansaheb Khatib]
"Permanent Rights" - The Sanad under Section 133 is recognized as conferring permanent rights, which cannot be arbitrarily revoked without due process. - [ Ahmed Fakirsaheb Kokani VS Mohammedsaheb Hasansaheb Khatib]
"Procedural Compliance" - Revenue authorities must adhere to procedural norms when dealing with applications for Sanads and related matters. - [ Nirmalaben @ Nilaben Ratnasinh Chauhan W/O Takhatsinh Dansinh Thakore VS State Of Gujarat Through The Secretary]
"Impact of Non-Compliance" - Non-compliance with the provisions of the Code can lead to legal disputes and challenges in civil courts, affecting the rights of landholders. - [ Nirmalaben @ Nilaben Ratnasinh Chauhan W/O Takhatsinh Dansinh Thakore VS State Of Gujarat Through The Secretary]
"Time Limits" - The courts have stressed the need for revenue authorities to act within reasonable time limits when addressing applications and disputes. - [ Radhe Enterprise VS State of Gujarat]
"Land Revenue Liability" - All land is liable to pay revenue unless specifically exempted, reinforcing the importance of compliance with land revenue laws. -
"Judicial Precedents" - Judicial interpretations of Section 133 have established important precedents regarding land rights and the issuance of Sanads. - [ Ahmed Fakirsaheb Kokani VS Mohammedsaheb Hasansaheb Khatib]
"Authority's Jurisdiction" - Revenue authorities must operate within their jurisdiction and cannot assume powers that belong to civil courts. - [ Nirmalaben @ Nilaben Ratnasinh Chauhan W/O Takhatsinh Dansinh Thakore VS State Of Gujarat Through The Secretary]
"Legal Clarity" - Section 133 provides legal clarity for holders of building sites, facilitating property development and investment. -
"Dispute Resolution" - The Code encourages resolution of disputes through established legal channels, ensuring fairness and justice in land matters. - [ Nirmalaben @ Nilaben Ratnasinh Chauhan W/O Takhatsinh Dansinh Thakore VS State Of Gujarat Through The Secretary]
"Public Interest" - The provisions of Section 133 serve the public interest by regulating land use and ensuring compliance with urban planning norms. -
"Administrative Discretion" - The exercise of discretion by revenue authorities in granting Sanads must be guided by the principles of fairness and transparency. - [ Ahmed Fakirsaheb Kokani VS Mohammedsaheb Hasansaheb Khatib]
This commentary provides an overview of Section 133 of the Bombay Land Revenue Code, 1879, highlighting its significance in land law and the legal implications surrounding it.
If any land within the site of any village, town, or city, hitherto ordinarily used for agricultural purposes only, with respect to which a summary settlement has been made between the Government and the holder under the provisions, of any law for the time being in force, be used for any other purposes, it shall be liable to payment of one-eighth or the rate fixed for unalienated land used for similar purposes in the same locality, in addition to the quit-rent payable under the terms of such summary settlement.
[Repealed]
The State Government may, by notification in the Official Gazette, direct that this Chapter, or any specified provisions thereof, shall not be in force in any specified local area, or with reference to any lands or any class of villages or lands, or generally.
(1) A record of rights shall be maintained in every village and such record shall include the following particulars:-
(a) the names of all persons other than tenants who are holders, occupants, owners or mortgages of the land or assignees of the rent or revenue thereof;
(b) the nature and extent of the respective interests of such persons and the conditions or liabilities (if any) attaching thereto;
(c) the rent or revenue (if any) payable by or to any of such persons;
(d) such other particulars as the State Government may prescribe by rules made in this behalf;
(2) Provided that the said particulars shall be entered in the record of rights with respect to perpetual tenancies, and also with respect to te
Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land, or assignee of the rent or revenue thereof, [shall report in writing] his acquisition of such right to the village accountant within three months from the date of such acquisition, and the said village accountant shall at once give a written acknowledgment of the receipt of such report to the person making it: Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the village accountant: Provided further that any person acquiring a right by virtue of a registered document shall be exempted from the obligation to report to the village accountant.
Explanation I.-The righ
[(1) The village accountant shall enter in a register of mutations every report made to him under section 135C or any intimation of acquisition or transfer of any right of the kind mentioned in section 135C received from the Mamlatdar or a Court of Law.]
(2) Whenever a village accountant makes an entry in the register of mutations he shall at the same time post up a complete copy of the entry in a conspicuous place in the chavdi, and shall give written intimation to all persons appearing from the record of rights or register of mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.
(3) Should any objection to any entry made under sub-section (1) in the register of mutations be made [x x x] or in writing to the village accountant, it shall be the duty of the village acco
(1) Any person whose rights, interests or liabilities are required to be or have been entered in any record of register, under this Chapter shall be bound, on the requisition of any revenue officer or village accountant engaged in compiling or revising the record of register, to furnish or produce for his inspection, within one month from the date of such requisition all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.
(2) A revenue officer or village accountant to whom any information is furnished or before whom any document is p [produced in accordance with requisition under sub-section (1) shall at once give a written acknowledgment thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature, stating the fact of its produc
Any person neglecting to make the report required by section 135-C, or furnish-the information or produce the documents required by section 135-E within the prescribed period shall be liable, at the discretion of the Collector, to be charged a fee not exceeding twenty-five rupees, which shall be leviable as an arrear of land revenue.
Subject to rules made in this behalf by State Government- (a) any revenue officer or village accountant may for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter exercise any of the powers of a survey officer under sections 96 and 97, except the powers of assessing the cost of hired labour under section 97, and
(b) any revenue officer of a rank not lower than that. of an Assistant or Deputy Collector or of a survey officer may assess the cost of the preparation or revision of such map or plan and call contingent expenses, including the cost of clerical labour and supervision, on the lands to which such maps or plan relate, and such costs shall be recoverable as revenue demand.
(1) The plaintiff or applicant in every suit or application as hereinafter defined relating to land situated in any area to which this Chapter applies shall annex to the plaint or application a certified copy of any entry in the record of rights, register of mutations or register of tenancies relevant to such land.
(2) If the plaintiff or applicant fails so to do for any cause which the court or conciliator deems sufficient, he shall produce such certified copy within a reasonable time to be fixed by the Court or conciliator, and if such certified copy is not so annexed or produced the plaint or application shall be rejected, but the rejection thereof shall not of its own force preclude the presentation of a fresh plaint in respect of the same cause of action or of a fresh application in respect of the same subject- matter with a certified copy annexed.
&
Not-withstanding anything in section 87, the Collector shall refuse assistance to any superior holder under the said section, if his claim to such assistance is not supported by an entry or entries duly made in the record of rights, register of mutations or register of tenancies.
An entry in the record of rights, and a certified entry in the register of mutations shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor.
Applications for certified copies of entries in the record of rights, the register of mutations and the register of tenancies may be made to, and such copies may be given by the village accountant, Mahalkari or Mamlatdar.
Section 135(k) of the Bombay Land Revenue Code, 1879, pertains to the procedure for obtaining certified copies of entries in revenue records, including the record of rights, mutation registers, and tenancy registers. It plays a crucial role in ensuring transparency and authenticity of land records, which are essential for land transactions and legal disputes.
Section 135(k) authorizes applications for certified copies of entries in the revenue records, facilitating access to official land records for interested parties, including landholders, tenants, and other stakeholders.
The section covers all applications for certified copies of entries in revenue records, ensuring that interested persons can obtain authenticated copies for legal and administrative purposes. It is applicable to various types of revenue records maintained by the revenue department.
While Section 135(k) itself primarily deals with the procedure for obtaining certified copies, related provisions (such as Section 135(l)) specify penalties for contraventions, including fines which may extend up to two hundred rupees for certain violations [Source: ""].
This concise legal commentary synthesizes the key aspects of Section 135(k) of the Bombay Land Revenue Code, 1879, based on available sources, highlighting its procedural, legal, and practical significance.
(1) No suit shall lie against the Government or any officer of Government in respect of a claim to have an entry made in any record or register that is maintained under this Chapter, or to have any such entry omitted or amended, and the provisions of Chapter XIII shall not apply to any decision or order under this Chapter.
(2) Appeal-The correctness of the entries in the record of rights and register of mutations shall be inquired in to and the particulars thereof revised, by such Revenue officers and in such manner and to such extent and subject to such appeal as the State Government may from time to time by rules prescribed in this behalf.
[(1) This chapter shall apply to such taluka in a district as the State Government may, by notification in the Official Gazette, specify.
(2) This chapter shall cease to apply to such taluka in a district as the State Government may, by notification in the Official Gazette, specify.
(3) This chapter shall re-apply to such taluka in a district as the State Government may, by notification in the Official Gazette.]
[(1) In respect of every agriculturist holding land in a village or group of villages [in a tahika to which this Chapter is applied under sub-section (1) or re-applied under sub-section (3) of section 135LL and for which a competent authority is appointed], there shall be prepared by the [competent authority] an agriculturist pass-book in duplicate in such form and containing particulars as to rights recorded in the record of rights and such other particulars (including the particulars regarding sub- sisting mortgages of land, the total amount of mortgage money and the amount of interest due thereon) as may be prescribed by rules made under this Act.]
[(2)
(a).-The agriculturist pass-book shall be supplied to the agriculturist holding land in a taluka to which this Chapter is applied under sub-section (1) or re-applied under sub-section
[ No bank shall entertain an application by an agriculturist for grant of financial assistance unless such an application is accompanied by his agriculturist pass-book. Explanation.-ln this section [and sections 1350 and 135R], the expression "bank" means-
(i) a banking company as defined in the Banking Regulation Act, 1949 (X of 1949);
(ii) the State Bank of India constituted under the State Bank of India Act, 1955 (XXIII of 1955);
(iii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (XXXIII of 1959);
(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (V of 1970)
[or the Banking Companies (Acqu
[(1) Whenever an. agriculturist mortgages or creates a charge on his land or any interest therein in favour of a bank for the purpose of obtaining financial assistance from that bank, or
(2) whenever an agriculturist redeems any mortgage or a charge on his land or any interest therein by payment of mortgage money, the bank shall-
(a) make necessary entries in the agriculturist pass-book of the agriculturist and thereafter return the pass-book to the agriculturist, and
(b)
(i) in the case falling under clause (1) report in writing of its acquisition of right as mortgagee to the
[competent authority] in accordance with the provisions of section 135C, and
(ii)
[(1) No document of transfer of any agricultural land by sale, purchase, gift mortgage whether with or without possession, exchange, partition, lease, surrender or otherwise shall be registered by any registering authority to a taluka to which this Chapter is applied under sub-section (1) or re-applied under sub-section (3) of section 135 LL unless such document is accompanied by the agriculturist pass-book relating to such land.]
(2) The registering authority shall after registering such document make necessary entries in the agriculturist pass-book of the agriculturist and thereafter return the pass-book to the agriculturist.
(3) The registering authority shall makes report in writing of such registration to the competent authority.
-The competent authority shall be responsible to keep, the agriculturist pass-book and the duplicate agriculturist pass-book retained by it, up-to-date by making necessary entries therein as provided in sections 135P and 135Q, respectively.]
[ Whenever entries are transferred from the register of mutations to the record of rights under section 135D, the competent authority shall call for the agriculturist pass-book from the concerned agriculturist and thereupon the agriculturist shall produce the agriculturist pass-book before the competent authority within such period as may be prescribed by rules made under this Act and on such production of pass-book, the competent authority shall make entries therein, corresponding to those in the record of rights and keep such pass-book up-to-date.]
[ The [competent authority] shall also keep the duplicate agriculturist pass-book retained by him up-to-date by making necessary entries therein, from time to time, after verifying the entries from the original agriculturist pass-book and for that purpose, he may, from time to time, call for the original agriculturist pass-book from the agriculturist whereupon it shall be the duty of the agriculturist to forward his agriculturist pass-book to the [competent authority.]
[A certified copy of any entry not being an entry made by a bank or registering authority in- shall in all legal proceedings be received as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded to the same extent as the original entry itself in the record of rights but not further or otherwise.](a) the agriculturist pass-book of the agriculturist,
(b) the agriculturist pass-book of the agriculturist,
[Any agriculturist who contravenes the provision of section 135P shall be punished with fine which may extent to two hundred rupees.
[ (124) Any person who unauthorisedly makes, alters or deletes any entry in the pass-book or furnishes false information to the competent authority in relation to the pass- book shall be punished with fine which may extend to one thousand rupees. Explanation.-For the purposes of this Chapter-
(i) the expression 'agriculturist' means land holder who holds land for the purpose of agriculture;
(ii) the expression 'competent authority' means such revenue officer as the State Government may, by notification in the Official Gazette, appoint;
(in) the expression 'registering authority' means the registering officer appointed under the Registration Act, 1908".]
(1) In the case of un- alienated land the occupant and in the case of alienated land the superior holder, shall be primarily liable to the State Government for the payment of the land revenue, including all arrears of land revenue, due in respect of the land. Joint occupants and joint holders who are primarily liable under this section shall be jointly and severally liable:
[Provided that in the case of any land in the possession of a tenant, if such tenant is liable to pay land revenue in respect of such land under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, (Bombay LXvii of 1948),
[or as the case may be the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 (Bombay Xix of 1958)] such tenant shall be primarily liable for the payment of the land revenue in respect of such land.]<
The claim of the State Government to any moneys recoverable under the provisions of this Chapter, shall have precedence over any other debt, demand, or claim whatsoever, whether in respect of mortgage, judgment-decree, execution or attachment or otherwise howsoever, against any land or the holder thereof.
In all cases the land revenue for the current years of land used for agricultural purposes, if not otherwise discharged shall be recoverable, in preference to all other claims, from the crop of the land subject to the same.
The land revenue shall be leviable on or at any time after the first day of the revenue year for which it is due; but, except when precautionary measures are deemed necessary under the provisions of sections 140 to 144, payment will be required only on the dates to be fixed under the provisions hereinafter contained.
When the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, whether by order of a Civil Court or other public authority or by private agreement, the Collector may prevent its being removed from the land until the demands for the current year in respect of the said land have been paid, whether the date fixed for the payment of the same under the provisions hereinafter contained, has yet arrived or not. But in no case shall a crop or any portion of the same, which has been sold, mortgaged or otherwise disposed of, be detained on account of more than the demands of the year in which the detention is made. anything but the crop of the land, or the seizure of the crop or any other goods after removal from the land. 37 Bom 542=20 Ind Cas 526=15 Bom LR665.
It shall be lawful for the Collector in order to secure the payment of the land revenue by enforcement of the lien of the State Government on the crop- (a) to require that the crop growing on any land liable to the payment of land revenue shall not be reaped until a notice in writing has first been given to himself or to some other officer to be named by him, in this behalf, and such notice has been returned endorsed with an acknowledgment of its receipt;
(b) the removal thereof, or-to direct that no such crop shall be removed from the land on which it has been reaped, or from any place in which it may have been deposited, without the written permission of himself or of some other officer as aforesaid;
(c) place watchmen over it-to cause watchmen to be placed over any such crop to prevent the unlawful reaping or removal of the same, and
The Collector's orders under either clause (a) or clause (b) of the last preceding section may be issued generally to all the holders of land paying revenue to State Government is in a village or to individual holders merely. If the order be general, it shall be make known by public proclamation to be made by beat of drum in the village and by affixing a copy of the order in the chavdi or some other public building in the village. If it be to individual holders, a notice thereof shall be served on each holder concerned. Penalty for disobedience of order-Any person who shall disobey any such order after the same has been so proclaimed, or a notice thereof has been served upon him or, who shall within the meaning of the Indian Penal Code, abet the disobedience of any such order, shall be liable, on conviction after a summary inquiry by the Collector, to a fine not exceeding double the amount of the land revenue due on the land
The Collector shall not defer the reaping of the crop, nor prolong its deposit unduly, so as to damage the produce; and if within two months after the crop has been deposited the revenue due has not been discharged, he shall either release the crop and proceed to realize the revenue in any other manner authorised by this Chapter or take such portion thereof as he may deem fit, for sale under the provisions of this Chapter applicable to sales of movable property in realization of the revenue due and of all legal costs, and release the rest.
If owing to disputes amongst the sharers, or for other cause, the Collector shall deem that there is reason to apprehend that the land revenue payable in respect of any holding consisting of an entire village or of a share of a village will not be paid as it falls due, he may cause the village or share of a village to be attached and taken under the management of himself or any agent whom he appoints for that purpose. Powers of manager, and disposal of surplus profits.- The provisions of section 160 shall apply to any village or share of a village so attached, and all surplus profits of the land attached, beyond the cost of such attachment and management, including the payments of the land revenue and the cost of the introduction of a revenue survey, if the same be introduced under the provisions of section 111, shall be kept in deposit for the eventual benefit of the person or persons entitled to the same, or paid to the sai
The precautionary measures authorised by the last five sections shall be relinquished if the person primarily responsible for the payment of revenue or any person who would be responsible for the same if default were made by the person primarily responsible shall pay the costs, if any, lawfully incurred by the Collector upto the time to such relinquishment, and shall furnish security satisfactory to the Collector for the payment, of the revenue, at the time at which or in the installments, if any, in which, it is payable under the provisions hereinafter contained.
Land revenue, except when it is recovered under the provisions of the foregoing sections 140 to 144, shall be payable at such times, in such installments, to such persons and at such places as may from time to time be determined by the orders of the State Government.
Any sum not so paid becomes thereupon an arrear of land revenue, and the persons responsible for it, whether under the provisions of section 136 or of any other section, become defaulters.
If any installments of land revenue be not fully paid within the prescribed time, it shall be lawful for the Collector to impose as a penalty, or as interest such charge on such installments, and on the arrears, if any of former years, as may be authorized according to a scale to be fixed from time to time under the orders of the State Government, and further to proceed to levy at once the entire balance of land revenue due by the defaulter for the current year: Provided that no such charge shall be imposed on any installment, the payment of which has been suspended by order of the State Government, in respect of the period during which the payment remained suspended.
A statement of account, certified by the Collector or by an Assistant or Deputy Collector, shall, for the purposes of this Chapter, be conclusive evidence of the existence of the arrear of the amount of land revenue due, and of the person who is the defaulter. Collectors may realize each other's demands.-On receipt of such certified statement, it shall be lawful for the Collector of one district to proceed to recover the demands of the Collector of any other district under the provisions of this Chapter as if the demand arose in his own district.
An arrear of land revenue may be recovered by the following processes- (a) by serving a written notice of demand on the defaulter under section 152;
(b) by forfeiture of the occupancy or alienate holding in respect of which the arrear is due under section 153;
(c) by distraint and sale of the defaulter's movable property under section 154;
(d) by sale of the defaulter's immovable property under section 155;
(e) by arrest and imprisonment of the defaulter under sections 157 and 158;
(f) in the case of alienated holding consisting of entire villages, or shares of villages, by attachment of the said villages or shares of villages under sections 159 to 163.
The said processes may be employed for the recovery of arrears of former years as well as of the current year, but the preferences given by sections 137 and 138 shall apply only to demands for the current year: Provided that any process commenced in the current year shall be entitled to the said preferences, notwithstanding that it may not be fully executed within that year.
A notice of demand may be issued on or after the day following that on which the arrear accrues. The State Government may from time to time frame rules for the issue of such notices, and shall fix the costs recoverable from the defaulter as an arrear of revenue, and direct by what officer such notices shall be issued.
The Collector may declare the occupancy or alienated holding in respect of which an arrear of land revenue is due, to be forfeited to the State Government, and sell or otherwise dispose of the same under the provisions of sections 56 and 57, and credit the proceeds, if any, to the defaulter's accounts: Provided that the Collector shall not declare any such occupancy or alienated holding to be forfeited-
(a) unless previously thereto he shall have issued a proclamation and written notices of the intended declaration in the manner prescribed by sections 165 and 166 for sales of immovable property, and
(b) until after the expiration of at least .fifteen days from the latest date on which any of the said notices shall have been affixed as required by section 166.
The Collector may also cause the defaulter's movable property to be distrained and sold. By whom to be made-Such distraint shall be made by such officers or class of officers as the [Collector] under the orders of the State Government may from time to time direct.
The Collector may also cause the right, title and interest of the defaulter in any immovable property other than the land on which the arrears is due to be sold.
All such property as is by the Civil Procedure Code exempted from attachment or sale in execution of a decree, shall also be exempt from distraint or sale, under either of the last two preceding sections. The Collector's decision as to what property is so entitled to exemption shall be conclusive.
[(1) At any time after an arrear becomes due, the defaulter (not being an agriculturist from whom such arrear in respect of his occupancy is due) may be arrested and detained in custody for ten days in the office of the Collector or of a Mamlatdar unless the revenue dues together with the penalty or interest and the cost of arrest and of notice of demand, if any, and the cost of his subsistence during detention is sooner paid :
Provided that no such arrest shall be made unless the default is willful and the defaulter is given an opportunity to show cause against his arrest and detention.
(2) If, on the expiry of ten days the amount due by the defaulter is not paid, then, or if the Collector deems fit on any earlier day, he may be sent by the Collector with a warrant, in the form of Schedule C for imprisonment in the civil jail of the di
[The State Government may] from time to time, declare by what officers, or class of officers, the powers of arrest conferred by section 157 may be exercised, and also fix the costs of arrest and the amount of subsistence money to be paid by the State Government to any defaulter under detention or imprisonment.
If the holding, in respect of which an arrear is due, consists of an entire, village, or of a share of a village, and the adoption of any of the other processes before specified is deemed inexpedient, the Collector may with the previous sanction of the [State Government] cause such village or share of a village to be attached and taken under the management of himself or any agent whom he appoints for that purpose.
The lands of any village or share of a village so attached shall revert to the Government unaffected by the acts of the superior holder or of any of the shares, or by any charges or liabilities subsisting against such lands, or against such superior holder or shares as are interested therein, so far as the public revenue is concerned, but without prejudice in other respects to the rights of individuals; Powers of manager.-and the Collector or the agent so appointed shall be entitled to manage the lands attached, and to receive all rents and profits accruing therefrom to the exclusion of the superior holder or any of the shares thereof, until the Collector restores the said superior holder to the management thereof.
All surplus profits of the lands attached, beyond the cost of such attachment and management, including the payment of the current revenue, and the cost of the introduction of a revenue survey, if the same be introduced under the provisions of section 111 shall be applied in defraying the said arrear.
The village or share of a village so attached shall be released from attachment, and the management thereof shall be restored to the superior holder on the said superior holder's making an application to the Collector for that purpose at any time within twelve years from the first of August next after the attachment- if at the time that such application is made it shall appear that the arrear has been liquidated; or if the said superior holder shall be willing to pay the balance, if any still due by him, and shall do so within such period as the Collector may prescribe in that behalf. Disposal of surplus receipts.-The Collector shall make over to the superior holder the surplus receipts, if any, which have accrued in the year in which his application for restoration of the village or share of a village is made after defraying all arrears and costs; but such surplus receipts, if any, or previous years shall be at the disposal
If no application be made for the restoration of a village or portion of a village so attached within the said period of twelve years, or if, after such application has been made, the superior holder shall fail to pay the balance, if any, still due by him within the period prescribed by the Collector in this behalf, the said village or portion of a village shall thence forward vest in the State Government free from all encumbrances created by the superior holder or any of the shares or any if his or their predecessors- in-title, or in anywise subsisting as against such superior holder or any of the shares, but without prejudice to the rights of the persons in actual possession of the land.
Any defaulter detained in custody, or imprisoned, shall forthwith be set at liberty and the execution of any process shall, at any time, be stayed, on the defaulter's giving before the Collector or other person nominated by him for the purpose, or if the defaulter is in jail, before the officer in charge of such jail, security in the form of Schedule D, satisfactory to the Collector, or to such other person or officer. or on amount demanded being paid under protest-And any person against whom proceedings are taken under this Chapter may pay the amount claimed under protest to the officer taking such proceedings, and upon such payment the proceedings shall be stayed.+
When any sale of either movable or immovable property is ordered under the provisions of this Chapter, the Collector shall issue a proclamation, in the vernacular language of the district, of the intended sale, specifying the time and place of sale, and in the case of movable property whether the sale is subject to confirmation or not, and, when land paying revenue to the State Government, is to be sold, the revenue assessed upon it, together with any other particulars he may think necessary. Proclamation of sales.-Such proclamation shall be made by beat of drum at the head-quarters of the taluka, and in the village in which the immovable property is situate, if the sale be of immovable property; if the sale be of movable property the proclamation shall be made in the village in which such property was seized, and in such other places as the Collector may direct.
A written notice of the intended sale of immovable property, and of the time and place thereof, shall be affixed in each of the following places, viz., the office of the Collector of the district, the office of Mamlatdar or Mahalkari of the taluka or mahal in which the immovable property is situate, the chavdi or some other public building in the village in which it is situate, and the defaulter's dwelling- place. In the case of movable property, the written notice shall be affixed in the Mamlatdar's or Mahalkaris office, and in the chavdi or some other public building in the village in which such property was seized. The Collector may also cause notice of any sale, whether of movable or immovable property, to be published in any other manner that he may deem fit.
Sales shall be made by auction by such persons as the Collector may direct. Time when sale may be made.-No such sale shall take place on a Sunday or other general holiday recognized by the State Government, nor until after the expiration of at least thirty days in the case of immovable property, or seven days in the case of movable property, from the latest date on which any of the said notices shall have been affixed as required by the last preceding section. Postponement of sale.-The sale may from time to time be postponed for any sufficient reason.
Nothing in the last three sections applies to the sale of perishable articles. Such articles shall be sold by auction with the least possible delay, in accordance with such orders as may from time to time be made by the Collector either generally or specially in that behalf.
If the defaulter, or any person on his behalf, pay the arrear in respect of which the property is to be sold and all other charges legally due by him at any time before the day fixed for the sale, to the person appointed under section 146 to receive payment of the land revenue due, or to the officer appointed to conduct the sale or if he furnishes security under section 164, the sale shall be stayed.
Sales of perishable articles shall be at once finally concluded by the officer conducting such sales. All other sales of movable property shall be finally concluded by the officer conducting such sales, or shall be subject to confirmation, as may be directed in orders to be made by the Collector either generally or specially in that behalf. In the case of sales made subject to confirmation, the Collector shall direct by whom such sales may be confirmed.
When the sale is finally concluded by the officer conducting the same, the price of every lot shall be paid for at the time of sale, or as soon as after the said officer shall direct, and in default of such payment the property shall forthwith be again put up and sold. On payment of the purchase- money the officer holding the sale shall grant a receipt for the same, and the sale shall become absolute as against all persons whomsoever.
When the sale is subject to confirmation, the party who is declared to be the purchaser shall be required to deposit immediately twenty-five per centum on the amount of his bid, and in default of such deposit the property shall forthwith be again put up and sold. The full amount of purchase money shall be paid by the purchaser before sunset of the day after he is informed of the sale having been confirmed, or, if the said day be a Sunday or other authorized holiday, then before sunset of the first office day after such day. On payment of such full amount of the purchase-money, the purchaser shall be granted a receipt for the same, and the sale shall become absolute as against all persons whomsoever.
In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately twenty five per centum on the amount of his bid, and in default of such deposit the property shall forthwith be again put up and sold.
The full amount of purchase- money shall, be paid by the purchaser before sunset of the fifteenth day from that on which the sale of the immovable property took place, or if the said fifteenth day be a Sunday or other authorized holiday, then before sunset of the first office day after fifteenth day.
In default of payment within the prescribed period of the full amount of purchase-money, whether of movable or immovable property the deposit, after defraying there out the expenses of the sale, shall be forfeited the State Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold.
If the proceeds of the sale, which is eventually made, be less than the price bid by such defaulting purchaser, the difference shall be recoverable from him by the Collector as an arrear of land revenue.
Every re-sale of property in default of payment of the purchase-money, or after postponement of the first sale, shall, except when such resale takes place forthwith, be made after the issue of a fresh notice in the manner prescribed for original sales.
At any time within thirty days from the date of the sale of immovable property application may be made to the Collector to set aside the sale on the ground of some material irregularity, or mistake, or fraud, in publishing or conducting it; But, except as is otherwise provided in the next following section, no sale shall be set aside on the ground of any such irregularity or mistake, unless the applicant proves to the satisfaction of the Collector that he has sustained substantial injury by reason thereof. If the application be allowed, the Collector shall set aside the sale, and direct a fresh one.
On the expiration of thirty days from the date of the sale, if no such application as is mentioned in the last preceding section has been made, or if such application has been made and rejected, the Collector shall make an order confirming the sale: Provided that, if he shall have reason to think that the sale ought to be set aside notwithstanding that no such application has been made, or on grounds other than those alleged in any application which has been made and rejected, he may, after recording his reasons in writing, set aside the sale.
Whenever the sale of any property is not confirmed, or is set aside, the purchaser shall be entitled to receive back his deposit or his purchase-money, as the case may be.
After a sale of any occupancy or alienated holding has been confirmed in manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the land and shall cause his name to be entered in the land records as occupant or holder in lieu of that of the defaulter, and shall grant him a certificate to the effect that he has purchased the land to which the certificate refers.
The certificate shall state the name of the person declared at the time of sale to be the actual purchaser; and any suit brought in a Civil Court against the certified purchaser on the ground that the purchase was made on behalf of another person not the certified purchaser, though by agreement the name of the certified purchaser was used, shall be dismissed.
When any sale of movable property under this Chapter has become absolute, and when any sale of immovable property has been confirmed, the proceeds of the sale shall be applied to defraying the expenses of the sale and to the payment of any arrears due by the defaulter at the date of the confirmation of such sale, and recoverable as an arrear of land revenue, and the surplus (if any) shall be paid to the person whose property has been sold. Expenses of sale how calculated-The expenses of the sale shall be estimated at such rates and according to such rules as may from time to time be sanctioned by [x x x] the State Government.
The said surplus shall not, except under an order of a Civil Court, be payable to any creditor of the person whose property has been sold.
Notwithstanding anything in section 136, the person named in the certificate of title as purchaser shall not be liable for land-revenue due in respect of the land for any period previous to the date of the sale.
If any claim shall be set up by a third person to movable property attached under the provisions of this Chapter, the Collector shall admit or reject his claim on a summary inquiry held after reasonable notice. If the claim be admitted wholly or partly, the property shall be dealt with accordingly. Except in so far as it is admitted the property shall be sold and the title of the purchaser shall be good for all purposes, and the proceeds shall be disposable as hereinbefore directed.
All sums due on account of land revenue, conversion tax], all quitrents, nazranas , succession duties, transfer duties and forfeitures, and all cesses, profits from land, emoluments, fees, charges, penalties, fines and costs payable or leviable under this Act or under any Act or Regulation hereby repealed, or under any Act for the time being in force relating to land revenue; and all moneys due by any contractor for the farm of customs duties, or of any other duty or tax, or of any other item of revenue whatsoever, and all specific pecuniary penalties to which any such contractor renders himself liable under the terms of his agreement; and also all sums declared by this or by any other Act or Regulation at the time being in force or by any contract with the Government to be leviable as an assessment, or as a revenue demand, or as an arrear of land revenue; shall be levied under the foregoing provisions of this Chapter and all
In all official acts and proceedings a revenue officer shall, in the absence of any express provisions of law to the contrary, be subject as to the place, time and manner of performing his duties to the direction and control of the officer to whom he is subordinate.
Every revenue officer not lower in rank than a Mamlatdar's first karkun, or an Assistant Superintendent of Survey, in their respective departments, shall have power to summon any person whose attendance he considers, necessary either to be examined as a party or to give evidence as a witness, or to produce documents for the purposes of any inquiry which such officer is legally, empowered to make. A summons to produce documents maybe for the production of certain specified documents, or for the production of all documents of a certain description in the possession of the person summoned. All persons so summoned shall be bound to attend, either in person or by an authorised agent, as such officer may direct: Provided that exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908], shall be applicable to requisitions for attendance under this section; and all persons so summoned shall be bound to state the truth
Every summons shall be in writing, in duplicate, and shall state the purpose for which it is issued, and shall be signed by the officer issuing it, and if he have a seal shall also bear his seal: How to be served-and shall be served by tendering or delivering a copy of it to the person summoned or, if he cannot be found, by affixing a copy of it to some conspicuous part of his usual residence. Service in district other than that of issuer.-If his usual residence be in another district, the summons may be sent by post to the Collector of that district, who shall cause it to be served in accordance with the preceding clause of this section.
Every notice under this Act, unless it is otherwise expressly provided, shall be served either by tendering or delivering a copy thereof to the person on whom it is to be served or to his agent, if he have any; or by affixing a copy thereof to some conspicuous place on the land, if any, to which such notice refers. Notice not void for error.-No such notice shall be deemed void on account of any error in the name or designation of any person referred to therein, unless when such error has produced substantial injustice.
In any formal or summary inquiry if any party desires the attendance of witnesses, he shall follow the procedure prescribed by the Code of Civil Procedure, 1908, (V of 1908), for parties applying for summonses for witnesses.
In ail formal inquiries the evidence shall be taken down in full, in writing, in the language in ordinary use in the district, by, or in the presence and hearing and under the personal superintendence and direction of, the officer making the investigation or inquiry, and shall be signed by him. In cases in which the evidence is not taken down in full in writing by the officer making the inquiry he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes; and such memorandum shall be written and signed by such officer with his own hand, and shall form part of the record. If such officer is prevented from making a memorandum as above required, he shall record the reason of his inability to do so. Taking evidence given in English; Translation to be on record.- When the evidence is given in English, such officer may take it down in that language with his own hand, and an
Every decision, after a formal inquiry, shall be written by the officer passing the same in his own hand-writing, and shall contain a full statement of the grounds on which it is passed.
In summary inquiries the presiding officer shall himself, as any such inquiry proceeds, record a minute of the proceedings in his own hand in English or in the language of the district, embracing the material averments made by the parties interested, the material parts of the evidence, the decision, and the reasons for the same: Provided that it shall at any time be lawful for such officer to conduct an inquiry directed by this Act to be summary under all, or any, of the rules applicable to a formal inquiry, if he deem fit.
A formal or summary inquiry under this Act shall be deemed to be a "Judicial proceeding" within the meaning of sections 193, 219 and 228 of the Indian Penal Code, and the office of any authority holding a formal or summary inquiry shall be deemed a Civil Court for the purposes of such inquiry. Hearing and decisions. Notice to parties.-Every hearing and decision, whether in a formal or summary inquiry shall be in public, and the parties or their authorised agents shall have due notice to attend.
An inquiry which this Act does not require to be either formal or summary, or which any revenue officer may on any occasion deem to be necessary to make, in the execution of his lawful duties, shall be conducted according to such rules applicable thereto, whether general or special, as may have been prescribed by the State Government, or an authority superior to the officer conducting such inquiry, and, except in so far as controlled by such rules, according to the discretion of the officer in such way as may seem best calculated for the ascertainment of all essential facts and the furtherance of the public good.
In all cases in which a formal or summary inquiry is made, authenticated copies and translations of decisions, orders and the reasons therefor, and of exhibits, shall be furnished to the parties, and original documents used as evidence shall be restored to the persons who produced them, or to persons claiming under them on due application being made for the same, subject to such charges for copying etc. as may, from time to time be authorized by the State Government.
Whenever it is provided by this Act that a defaulter, or any other person may be arrested, such arrest shall be made upon a warrant issued by any officer competent to direct such persons' arrest.
It shall be lawful for any revenue officer at any time, and from time to time, to enter, when necessary, for the purposes of measurement, fixing, or inspecting boundaries, classification of soil, or assessment, or for any other purpose connected with the lawful exercise of his office under the provisions of this Act, or of any other law for the time being in force relating to land revenue, any lands or premises, whether belonging to the Government or to private individuals, and whether fully assessed to the land revenue or partially or wholly exempt from the same: Provided always that no building used as a human dwelling shall be entered, unless with the consent of the occupier thereof, without a notice having been served at the said building not less than seven days before such entry; and provided also that in the cases of buildings of all descriptions, due regard shall be paid to the social and religious prejudices of the o
The State Government may declare what shall, for the purposes of this Act, be deemed to be the language in ordinary use in any district.
Whenever it is provided by this, or by any other Act for the time being in force, that the Collector may or shall evict any person wrongfully in possession of land, such eviction shall be made in the following manner, viz.- by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land, and if such notice is not obeyed by removing or deputing a subordinate to remove any person who may refuse to vacate the same, and if the officer removing any such person shall be resisted or obstructed by any person, the Collector shall hold a summary inquiry info the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance and obstruction still continue, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force f
In the absence of any express provision of this Act, or of any law for the time being in force to the contrary, an appeal shall lie from any decision or order passed by a revenue officer under this Act or any other law for the time being in force to that officer's immediate superior, whether such decision or order may itself have been passed on appeal from a subordinate officer's decision or order or not.
Subject to the provision in the Bombay Revenue Tribunal Act, 1939 an appeal shall lie to the State Government from any decision or order passed [x x x] by a Survey Commissioner, except in the case of any decision or order passed by such officer on appeal from a decision or order itself recorded in appeal by any officer subordinate to him.
No appeal shall be brought after the expiration of sixty days if the decision or order complained of have been passed by an officer inferior in rank to a Collector or a Superintendent of Survey in their respective departments; nor after the expiration of ninety days in any other case. In computing the above periods, the time required to prepare a copy of the decision or order appealed against shall be excluded.
Any appeal under this Chapter may be admitted after the period of limitation prescribed therefor, when the appellant satisfies the officer or the State Government to whom or to which he appeals, that he had sufficient cause for not presenting the appeal within such period. No appeal shall lie against order passed under this section admitting an appeal.
Whenever the last day of any period provided in this Chapter for the presentation of an appeal falls on a Sunday or other holiday recognized by the State Government the day next following the close of the holiday shall be deemed to be such last day.
Every petition of appeal shall be accompanied by the decision or order appealed against or by an authenticated copy of the same.
The appellate authority may for reasons to be recorded in writing either annual, reverse, modify or confirm the decision or order of the subordinate officer appealed against, or he may direct the subordinate officer to make such further investigation or to take such additional evidence as he may think necessary, or he may himself take such additional evidence: Provided that it shall not be necessary for the appellate authority to record reasons in writing-
(a) when an appeal is dismissed summarily, or
(b) when the decision or order appealed from is itself a decision or order recorded in appeal, or
(c) when an appeal is made to the State Government under section 204.
In any case in which an appeal lies, the appellate authority may, pending decision of the appeal, direct the execution of the decision or order of the subordinate officer to be suspended.
The State Government and any revenue officer, not inferior in rank to an Assistant or Deputy Collector or a Superintendent of Survey, in their respective departments, may call for and examine the record of any inquiry or the proceedings of any subordinate revenue officer for the purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer. The following officer may in the same manner call for and examine the proceedings of any officer subordinate to them in any matter in which neither a formal nor a summary inquiry has been held, namely, a Mamlatdar, a Mahalkari, an Assistant Superintendent of Survey and an Assistant Settlement Officer. And to pass orders thereupon.-If in any case, it shall appear to the State Government, or to such Officer aforesaid, that any decision or order or proceedings so called
Whenever in this Act it is declared that a decision or order shall be final, such expression shall be deemed to mean that no appeal lies from such decision or order. The State Government alone shall be competent to modify, annul or reverse any such decision or order under the provisions of the last preceding section.
Subject to such rules and the payment of such fees as the State Government may from time to time prescribe in this behalf, all maps and land records shall be open to the inspection of the public at reasonable hours, and certified extracts from the same or certified copies thereof shall be given to all persons applying for the same.
(1) The State Government may, by notification published in the Official Gazette, [make, whether prospectively or retrospectively, rules] not inconsistent with the provisions of this Act to carry out the purposes and objects thereof and for the guidance of all persons in matters connected with the enforcement of this Act or in cases not expressly provided for therein.
(2) In particular, and without prejudice to the generality of the fore-going power, such rules may be made-
(a) regulating the appointment of revenue officers and the exercise by them of their powers and duties;
[xxx]
(b) regulating the assessment of land to the land revenue and the alteration and revision of such assessment and the recovery of land revenue;
[(1) It shall be lawful for the State Government, in making any rule under section 214, to prescribe that any person committing a breach of the same shall on conviction by a Magistrate be punished with imprisonment for a term not exceeding one month or with fine not exceeding five hundred rupees, or with both, in addition to any other consequences that would ensue from such breach.]
[(2) Nothing in section 214 shall authorise the State Government to make retrospectively a rule prescribing a penalty referred to in sub-section (1).
(b) Notwithstanding the retrospective operation of any rule made under section 214, nothing or no action constituting breach of such rule, done or taken by a person before such rule is so made shall render such persons liable to penalty prescribed under sub- section (1).]
[(1) The provisions of Chapters VIII. VIII-A, IX and X shall be applicable to all alienated villages and alienated shares of villages subject to the following modifications:-
(i) subject to the provisions of any covenant or agreement entered into by the State Government with the holder or holders of any such village or share the costs of any survey directed under section 95 or a fresh survey directed under section 106 and of any settlement carried out under the said Chapters in any such village or share shall be payable by the holder or holders in proportion to their share in the rent or revenue of the village or share;
(ii) if the State Government so directs such costs shall also be payable by any class of persons who, in the opinion of the State Government, have any interest in any land in such village or share and in such proportion
When a survey settlement has been introduced under the provisions of the last section or if any law for the time being in force, into an alienated village, the holders of all lands to which such settlement extends shall have the same rights and be affected by the same responsibilities in respect of the lands in their occupation as holders of land in unalienated villages have, or are affected by, under the provisions of this Act, and all the provisions of this Act, relating to holders of land in unalienated villages shall be applicable, so far as may be, to them.
Nothing in this Act, which applies in terms to unalienated land or to the holders of unalienated and only, shall be deemed to affect alienated land, or the rights of holders of alienated land or of the Government in respect of any such land, and no presumption shall be deemed to arise either in favour or to the prejudice, of any holder of alienated land from any provision of this Act in terms relating to unalienated land only.
[-(1) The Bombay Land Revenue Code, 1879 (Bombay V of 1879), as extended to the Kutch area of the State of Gujarat under section 2 of the Part C States (Laws) Act. 1950 is hereby repealed:
Provided that unless a different intention appears, the repeal shall not in relation to the Kutch area of the State of Gujarat-
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of the Act so repealed or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any of
(1) The Bombay Land Revenue Code, 1879 (Bombay V of 1879), as applied to the Saurashtra area of the State of Bombay by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 (Sau. Ord. XXV of 1948), is hereby repealed: Provided that unless a different intention appears, the repeal shall not in relation to the Saurashtra area of the State of Bombay: -
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of the Act so repealed or anything duly done or suffered thereunder, or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in r
If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order published in the Official Gazette make such provision or give such direction as appears to it to be necessary for removing the difficulty."
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