S.1 Short title, extent and commencement

       (1) This Act may be called the (Bombay Personal Inams Abolition Act, 1952) .
       (2) It extends to the 3 (1) 1. These words were substituted for the words "pre-Re-organisation State of Bombay, excluding the transferred territories and" by the Gujarat Adaption of Laws (State and Concurrent Subjects) Order, 1960.[Bom area of the State of Gujarat] excluding the merged territories.
       (3) It shall come into force on such date as the State Government may by notification in the Official Gazette specify in this behalf.

S.2 Definitions

       (1) In this Act, unless there is anything repugnant in the subject context,-
       (a) "appointed date" means the date on which this Act comes into force;
       (b) "Code" means the (Bombay Land Revenue Code, 1879)
       ; (Bom. V of 1879).3 (*) *. This clause was inserted by Bom. 9 of 1954. s. 2.
       [(ba) "Collector" includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act;]
       (c) "inamdar" means a holder of a personal inam and includes any person lawfully holding under or through him;
       (d) "inam village" or "inam land" means a village or a portion of a village or land, as the case may be, held by a perso

S.3 Act not to apply to certain inams and grants

       Nothing in this Act shall apply to- (1) saranjams, jahagirs and other political inams;
       (2) devasthan inams or inams held by religious or charitable institutions;
       (3) inams held for service useful to Government; and
       (4) inams held for service useful to the community; and
       (5) revenue free sites granted by Government for the construction of schools, colleges, hospitals, dispensaries, religious or charitable institutions or other public works from which no profit is intended to be derived. 3 (1) 1. Section 6A was inserted by Guj. 42 of 1961, s. 3.
       [Explanation -For the purposes of this section inams held by religious or charitable institutions means Devasthan or Daarmdaya inams granted or recognised by the ru

S.4 Abolition of personal inams and rights in respect of such inams

       Notwithstanding anything contained in any usage, settlement, grant, sanad or order or a decree or order of a Court or any law for the time being in force, with effect from and on the appointed date; (i) all personal inams shall be deemed to have been extinguished.
       (ii) save as expressly provided by or under the provision? of this Act, all rights legally subsisting on the said date in respect of such personal inams shall be deemed to have been extinguished :
       Provided that in the case of a personal inam consisting of exemption from the payment of land revenus only, either wholly or in part, such exemption shall be deemed to have been extinguished-
       (a) if the amount of such exemption is or exceeds Rs. 5,000 with effect from the 1st day of August 1953, and
      

S.5 Liability of inam village or inam land to payment of land revenae and inamdar and permanent holder to be occupant

       (1) All inam village or inam lands are and shall be liable to the payment of land revenue in accordance with the provisions of the Code and the rules made thereunder and the provisions of the Code and the rules relating to unalienated lands shall appiy to such lands.
       (2)
       (a) An inamdar in respect of the inam land in his actual possession or in possession of a person holding from him other than an inferior holder, referred to in clause (b) below, or
       (b) an inferior holder holding inam land on payment of annual assessment only, shall primarily be liable to the State Government for the payment of land revenue in due respect of such land held by him and shall be entitled to all the rights and shall be liable to all obligations in respect of such land as an occupant under the Code or rules made the

S.6 Compensation for abolition of cash allowance

       Notwithstanding anything contained in any law usage, settlement, grant, Compensation or order but subject to the provisions of this Act, a sum equal to seven times the amount of a cash allowance referred to in section 2(l)(e)(ii) if any, due to an inamdar as personal inam shall be paid to him as compensation in consideration of the extinguishment of his right to receive such allowance.

S.6(a) Compensation for abolition of personal inams consisting of share of revenue

       3 (1) 1. Section 6A was inserted by Guj. 42 of 1961, s. 3. -In the case of personal inam consisting of a share in the revenues of a village, portion of a village or land referred to in section 2(l)(e)(i), a sum equal io seven times the amount of such revenues received by or due to the inamdar for the year immediately preceding the appointed date shall be paid io the inamdar as compensation for the abolition of the personal inam].

S.7 All public roads, etc., situate in inaro villages to vest in Government

       All public roads, lanes and paths, the bridge^, ditches, dikes and fences, on or besides, the same, the bed of the sea and of harbours, creeks 1elow high water mark and of rivers, streams, hallas lakes, well and tanks, and all canals, and water courses, and all standing and flowing water, all unbuilt village site lands, all waste lands and all uncultivated lands (excluding lands used for building or other non-agricultural purposes) which are situate within the limits of any inam village or inam land shill, except in so far as any rights of any person other than the inamdar may be established in or over the same and except as may otherwise be provided by any law for the time being in force, vest in and shall be deemed to be, with all rights in or over the same or appurtaining thereto, the property of the State Government and all rights held by an inamdar in such property shall be deemed to have been extinguished and it shall b

Legal Commentary on Section 7 of the Bombay Personal Inams Abolition Act, 1952

Introduction

The Bombay Personal Inams Abolition Act, 1952, was enacted to abolish personal inams and vest the rights of inam lands in the government. Section 7 of this Act specifically addresses the vesting of certain lands in the government and outlines the implications for inamdars and their rights.

What Section 7 Says

Section 7 provides that all public roads, lanes, and paths situated in inam villages shall vest in the government. It also stipulates that lands not in the possession of any individual on the appointed date will be deemed to be the property of the state.

Essential Ingredients

• Vesting of Lands: Lands that are not in possession of any individual on the appointed date vest in the government.
• Public Infrastructure: Public roads, lanes, and paths in inam villages are specifically mentioned as vested in the government.

Scope of Section

• Applicability: Section 7 applies to lands that are uncultivated and not in the possession of any inamdar on the appointed date.
• Exclusion from Section 5: It clarifies that Section 7 operates independently of Section 5, which deals with lands in possession of inamdars.

Punishment for Section

The Act does not specify any punitive measures directly under Section 7; rather, it focuses on the vesting of lands and the rights of inamdars.

Legal Comments

• Vesting - Section 7 facilitates the transfer of certain lands to the government, ensuring that public infrastructure is maintained by the state. - [Rangildas Varajdas Khandwala VS The Collector of Surat and Anr]
• Possession - Lands not in anyone's possession on the appointed date are vested in the government, distinguishing between occupied and unoccupied lands. - [AMBABAI JANHAVIBAI VS STATE OF MAHARASHTRA]
• Public Roads - The inclusion of public roads and paths in the vesting clause emphasizes the government's interest in maintaining public infrastructure. -
• Interpretation - Courts have interpreted Section 7 in conjunction with Section 5, ensuring that lands in possession of inamdars are treated differently from those that are not. - [AMBABAI JANHAVIBAI VS STATE OF MAHARASHTRA]
• Compensation - Inamdars whose rights are extinguished under Section 7 are entitled to compensation as per the provisions of the Act. -
• Non-Agricultural Use - The Act does not exempt uncultivated lands used for non-agricultural purposes from assessment under the Bombay Land Revenue Code. - [Rangildas Varajdas Khandwala VS The Collector of Surat and Anr]
• Legislative Intent - The harmonious interpretation of Sections 5 and 7 reflects the legislature's intent to abolish personal inams while ensuring that public interests are safeguarded. - [AMBABAI JANHAVIBAI VS STATE OF MAHARASHTRA]
• Rights Extinguishment - The rights of inamdars are extinguished as of the appointed date, which is crucial for determining the applicability of Section 7. -
• Court Findings - Courts have upheld that uncultivated lands in the possession of inamdars do not vest in the government under Section 7, as they are covered by Section 5. - [AMBABAI JANHAVIBAI VS STATE OF MAHARASHTRA]
• Assessment Liability - Lands used for building or other non-agricultural purposes are liable to assessment, reinforcing the government's revenue collection mechanisms. - [Rangildas Varajdas Khandwala VS The Collector of Surat and Anr]
• Conflict Resolution - The interpretation of Sections 5 and 7 helps resolve potential conflicts regarding land ownership and government rights. - [AMBABAI JANHAVIBAI VS STATE OF MAHARASHTRA]
• Public Interest - The Act serves a public interest by ensuring that lands necessary for public use are retained by the government. -
• Legal Precedent - The decisions made in courts regarding Section 7 have set important precedents for future cases involving land rights and government claims. - [AMBABAI JANHAVIBAI VS STATE OF MAHARASHTRA]
• Inamdar Rights - The Act clarifies that inamdars lose their rights to lands not in their possession, which is a significant shift in land ownership dynamics. -
• Compensation Mechanism - The Act provides a framework for compensation, ensuring that inamdars are not left without recourse after the abolition of their rights. -
• Government Authority - Section 7 reinforces the authority of the government to manage and control lands that are essential for public use. -
• Legal Clarity - The provisions of Section 7 provide legal clarity regarding the status of lands post-abolition, which is crucial for land administration. -
• Judicial Interpretation - The courts have played a vital role in interpreting Section 7, ensuring that its application aligns with the broader objectives of the Act. - [AMBABAI JANHAVIBAI VS STATE OF MAHARASHTRA]
• Land Revenue Code - The relationship between the Bombay Personal Inams Abolition Act and the Bombay Land Revenue Code is critical for understanding land assessment and taxation. - [Rangildas Varajdas Khandwala VS The Collector of Surat and Anr]
• Future Implications - The implications of Section 7 extend beyond immediate land rights, affecting future land use and government policies on land management. -

S.8 Rights to trees

       The rights to trees specially reserved under the Indian Forest Act, 1927 (XVI of 1927), or any other law for the time being in force, except those the ownership of which has been transferred by the State Government under any contract, grant of law for the time being in force shall vest in the State Government and nothing in this Act shall in any way effect the right of the State Government to apply the provisions of the Indian Forests Act, 1927 (XVI of 1927), as in force in the 3 (1) 1. These words substituted for the words "pre Reorganisation State of Bombay excluding the transferred territories" by the Gujarat Adaptation of Laws (State and Concurreent subjects) Order, 1960.[Bombay area of the State of Gujarat] to forest in an inam village or inam land.

S.9 Vesting of rights to mines and mineral products in the State Government

       3 (1) 1. Sec. 9 substituted by Guj. 8 of 1912 and shall be deemed always to have been substituted.(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 any from the appointed date, all mines whether being worked or not and minerals whether discovered or not and all quarries which are situate within the limits of any inam village or inam land granted or recognised under any contract, grant or for the time being in force or decree of a court, shall vest in and with all rights over the same or appurtenant thereto 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 rig

Legal Commentary on Section 9 of the Bombay Personal Inams Abolition Act, 1952

Introduction

Section 9 of the Bombay Personal Inams Abolition Act, 1952, plays a crucial role in determining the rights of Inamdars over mines and minerals in Inam lands after the abolition of personal Inams. It aims to clarify the extent to which rights over mineral resources are preserved or extinguished upon vesting of land in the State.

What does Section 9 Say

Section 9 stipulates that rights of Inamdars over mines and minerals in Inam lands are preserved despite the abolition of the Inam. It explicitly states that the rights over mines and mineral products existing before the appointed date are saved, and such rights continue to be vested in the Inamdar unless explicitly extinguished or transferred.

Essential Ingredients

• Recognition that Inamdars held rights over mines and minerals prior to abolition.
• Preservation of these rights post-abolition under specified conditions.
• Clarification that the rights include underground mineral deposits and mineral products extracted from the land.
• The clause applies to rights existing on the appointed date, not to future rights or claims.

Scope of Section

• The section applies to rights over mines and minerals that existed before the land vested in the Government.
• It covers both underground mineral deposits and mineral products extracted from the land.
• The scope includes rights derived from grants, contracts, or law that were in force at the time of abolition.
• It does not extend to rights created after the appointed date or rights not recognized as existing at that time.

Punishment for Section

• The Act does not specify direct punishments under Section 9 itself.
• Violations, such as unauthorized extraction or transfer of mineral rights, may attract penalties under other provisions of the Act or applicable laws.
• Legal consequences primarily involve the extinguishment or preservation of rights as per the section’s stipulations.

Legal Comments

• Interpretation of rights - Section 9 clarifies that rights over mines and minerals are preserved, emphasizing the importance of existing rights at the time of abolition [State of Maharashtra VS Narayan Laxman Thatte & others].
• Inam grants and mineral rights - Courts have held that grants of Inam lands include rights to underground minerals, which are saved under Section 9 [State of Maharashtra VS Narayan Laxman Thatte & others].
• Scope of mineral rights - The section covers both mineral deposits and mineral products, including stones deposited underground, as evidenced in case law [State of Maharashtra VS Narayan Laxman Thatte & others].
• Distinction between open and closed mines - Courts interpret “mine” to mean an excavation or open mine, not an unopened or undiscovered deposit, to avoid creating dual ownership or uncertainty [STATE OF GUJARAT VS MAHARAJ SAJJAN SINGHJI NAHERSINGHJI].
• Preservation of rights - Rights over mineral deposits are deemed to survive the abolition, provided they existed prior to the vesting, supporting the view that rights are saved unless explicitly extinguished [State of Maharashtra VS Narayan Laxman Thatte & others].
• Legal interpretation in case law - Courts have consistently interpreted Section 9 as protecting rights over mineral resources, including stones and underground deposits, exercised over a long period [State of Maharashtra VS Narayan Laxman Thatte & others].
• Scope of rights in relation to land - Rights include those over mineral deposits lying underground at the time of abolition, not rights over future deposits or unopened mines [STATE OF GUJARAT VS MAHARAJ SAJJAN SINGHJI NAHERSINGHJI].
• Impact on lessees and claimants - Lessees or claimants holding rights granted by Inamdar for mines or minerals are protected under Section 9, provided such rights were in existence at the relevant time [STATE OF GUJARAT VS MAHARAJ SAJJAN SINGHJI NAHERSINGHJI].
• Limitations of Section 9 - The section does not protect rights created after the appointed date or rights not recognized as existing at that time, limiting its scope to existing rights [STATE OF GUJARAT VS MAHARAJ SAJJAN SINGHJI NAHERSINGHJI].
• Relation to other laws - Section 9 operates alongside other provisions, such as those relating to compensation or transfer, but primarily aims to safeguard mineral rights that predate abolition [State of Maharashtra VS Narayan Laxman Thatte & others].
• Legal clarity and certainty - The section provides legal certainty that mineral rights held by Inamdars are preserved, preventing arbitrary extinguishment post-abolition [State of Maharashtra VS Narayan Laxman Thatte & others].
• Judicial interpretation - Courts have consistently upheld that rights over mineral deposits, including underground stones, are saved under Section 9, reinforcing its protective scope [State of Maharashtra VS Narayan Laxman Thatte & others].
• Implication for government and claimants - The government’s recognition or acknowledgment of existing mineral rights supports the view that such rights are protected under Section 9 [State of Maharashtra VS Narayan Laxman Thatte & others].
• Legal significance of long-standing exercise of rights - Continuous exercise and recognition of rights over mines and minerals strengthen the claim that such rights are preserved under the section [State of Maharashtra VS Narayan Laxman Thatte & others].
• Distinction from other categories of inams - Rights over mines and minerals are distinct from rights over land or buildings, and Section 9 specifically addresses mineral rights [SAYED MOHOMED BAQUIR VS STATE of Bombay].
• Policy intent - The section reflects the legislative intent to safeguard mineral rights that have been historically exercised, preventing their loss due to land abolition [State of Maharashtra VS Narayan Laxman Thatte & others].
• Legal certainty for Inamdar claims - Ensures that Inamdar rights over mineral deposits are not extinguished inadvertently, providing clarity and protection for claimants [State of Maharashtra VS Narayan Laxman Thatte & others].

Note: The references are based on the provided sources, primarily focusing on case law and interpretative judgments related to Section 9 of the Bombay Personal Inams Abolition Act, 1952.

S.10 Compensation to inamdars for extinguishment of rights under section

       7.(1) Any inamdar having any right or interest in any property preferred to in section 7 shall be entitled to compensation in the manner provided in the following paragraphs, namely;-
       (a) Within a period of twelve months from the appointed date. the inamdar shall apply in writing to the Collector staling the nature of his right or interest, the grounds of his claim and the amount of a compensation claimed by him for the extinguishment of his right or interest;
       (b) The Collector shall hold a formal inquiry in the manner provided in the Code and if the Collector is satisfied that the applicant had any right or interest in the property and that such right or interest had been extinguished under section 7, he shall make an award in the manner prescribed in section 11 of the Land Acquisition Act, 1894, (1 of 1894) subject to the following co

S.11 Appeal against Collector's a ward

       An appeal shall lie against an award of the Collector to the 3 (1) 1. These words and figures were substituted for the words and figures "Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939" by the by the Gujarat Adaption of Laws (State and Concurrent Subjects) Order, 1960.[Gujarat Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957] (Bom. XXXI of 1958) notwithstanding anything contained in the said Act

S.12 Procedure before Revenue Tribunal

       (1) The 3 (2) 2. These words were substituted for the words 'Bombay Revenue Tribunal" ibid.[Gujarat Revenue Tribunal shall, after giving notice to the appellant and the State Government, decide the appeal and record its decision.
       (2) In deciding an appeal under this Act the 3 (2) 2. These words were substituted for the words 'Bombay Revenue Tribunal" ibid.[Gujarat Revenue Tribunal] shall exercise all the powers which a Court has and shall follow the same procedure which a Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908, (V of 1908)

S.13 Limitalion

Every appeal made under this Act to the 3 (2) 2. These words were substituted for the words 'Bombay Revenue Tribunal" ibid.[Gujarat Revenue Tribunal] shall be filed within a period of sixty days from the date of the award of the Collector. The pro visions of section 4, 5, 12, and 14 of the Indian Limitation Act, 1908, (IX of 1908) shall apply to the filing of such appeal.

S.14 Court fees

Notwithstanding anything contained in the Court Fees, Act. 1870, (VII of 1870) every appeal made under this Act to the [Gujarat Revenue Tribunal] shall bear a court fee stamp of such value as may be prescribed.

S.15 Finality of award and decision of Revenue Tribunal

       The award made by the Collector subject to an appeal to the 3 (2) 2. These words were substituted for the words 'Bombay Revenue Tribunal" ibid.[Gujarat Revenus Tribunal] and the decision of the 3 (2) 2. These words were substituted for the words 'Bombay Revenue Tribunal" ibid.[Gujarat Revenue Tribunal] on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.

S.16 Inquiries and proceedings to be judicial proceedings

       All inquiries and procceedings before the Collector and the 3 (2) 2. These words were substituted for the words 'Bombay Revenue Tribunal" ibid.[Gujarat Revenue Tribunal] under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860).

S.16(a) Application for compensation under section 6A

       3 (3) 3. Section 16A was inverted by Guj. 42 of 1961, s. 4,(1) An inamdar entitled to compensation under section 6A shall, within a period of twelve months from the commencement of the Bombay Personal Inams (Gujarat Amendment) Act, 1961, (XLII of 1961) make an application in the prescribed form to the Collector.
       (2) The Collector shall after holding a formal inquiry in the manner provided in the Code make an award determining the amount of compensation.
       (3) An appeal shall lie from the said award to the Gujarat Revenue Tribunal.
       (4) The provisions of sections 10 to 16 (both inclusive) shall so far as may be, apply to the proceedings in respect of such award, or appeal as the case may be.]

S.17 Method of compensation for abolition, etc. of other rights in properly

       (1) If any person is aggrieved by the provisions of this Act as abolishing, extinguishing or modifying any of his rights to or interest in property and if compensation for such abolition, extinguishment or modification has not been provided for in the provisions of this Act, such person may apply to the Collector for compensation.
       (2) The application under sub-section (1) shall be made to the Collector in the prescribed form within twelve months from the appointed date. The Collector shall, after holding a formal inquiry in the manner provided by the Code, make an award, determining the compensation in the manner and according to the method provided in for sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894 (1 of 1894).
       (3) An appeal shall lie from the said award to the 3 (1) 1. This section was inserted by Bom

S.17(a) Amount of compensation to be payable in transferable bonds

       3 (1) 1. This section was inserted by Bom. 9 of 1954, s. 3.The amount of compensation payable under the provisions of this Act shall be payable in transferable bonds carrying interest at the rate of three percent per annum from the date of the issue of such bonds and shall be re-payable during a period of twenty years from the date of the issue of such bonds by equated annual instalments of principal and insterest. The bonds shall be of such denominations and shall be in such forms as may be prescribed.

S.18 Provisions of Bom. LXVll of 1948 to govern the relations of inamdar and tenants

       Nothing in this Act shall in any way be deemed to affect the appliction of any of the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, (Born. LXVI of 1948), to any inam village or inam land or the mutual rights and obligations of an inamdar and his tenants, save in so far as the said provisions are not in any way inconsistent with the expressions of this Act.

S.19 Rules

The State Government may, subject to the condition of previous publication makes rules for the purposes of carrying out the provisions of this Act. Such rules shall when finally made be published in the Official Gazette.

S.20 Modification and discontinuance of application of certain enactments

       (1) With effect from and on the appointed date-
       (a) the provisions of the enactment specified in Schedule I shall be repealed as amended to the extent specified in column 3 of the said Schedule and
       (b) the provisions of the enactments specified in Schedule II shall cease to apply to all inam villages or inam lands and to Inamdars.
       (2) Nothing in sub-section (1) shall be deemed to affect,-
       (a) any obligation or liability already incurred before the appointed date;
       (b) any proceeding in respect of such obligation or liability; or .
       (c) anything done in the course of such proceeding in any court on or before the aforesaid date and such proceeding may be continue

Sch.1 Schedule I

       (See section 20)
       content="text/html;charset=windows-1252">
       Year.
        No.
        Short title
        Extent of repeal or
       
        amendment
       
       1
        2
        3
        4
       
       1887
        VII
        The Toda Giras Alloances
        Th