The Maharashtra Bhil Naik Inams Abolition Act
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1955 : XXI] 1
THE MAHARASHTRA BHIL NAIK INAMS ABOLITION ACT
[Text as on 4th December 2023]
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CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Act not to apply to certain inams.
4. Abolition of Bhil Naik Inams and resumption of inam villages and lands.
5. Occupancy rights in respect of lands in inam villages and inam lands.
6. Uncultivated and waste lands and all property of the nature specified in section 37 of the
Code vests in Government.
7. Method of compensation for abolition, etc. of other rights in lands.
8. Court-fees.
9. Finality of award of Collector and decision of Revenue Tribunal.
9A. Revisional powers in respect of awards made before commencement of
Bom. XCIII of 1958.
10. Inquiries and proceedings to be judicial proceedings.
11. Amount of compensation to be payable in transferable bonds.
12. Provisions of Bom. LXVII of 1948 to govern relations of landlord and tenants.
13. Rules.
14. Saving.
2 The Maharashtra Bhil Naik Inam Abolition Act [1955 : XXI
1955 : XXI] The Maharashtra Bhil Naik Inam Abolition Act 3
LIST OF AMENDMENT ACT
1. Amended by Bom. 40 of 1956
Adopted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
2. Amended by Bom. 93 of 1958
3. Amended by Mah. 24 of 2012 (22-8-2012)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Bhil Naik Inam Abolition Act [1955 : XXI
1955 : XXI] The Maharashtra Bhil Naik Inam Abolition Act 5
ACT No. XXI of 19551
[THE MAHARASHTRA BHIL NAIK INAMS ABOLITION ACT.]
[This Act received assent of the President on the 20th May 1955; the assent
was first published in the Maharashtra Government Gazette,
Part IV, on the 3rd June 1955.]
An Act to abolish Bhil Inams prevailing in the districts of
West Khandesh and Nasik in the State of Bombay.
WHEREAS it i s necessary and expedient in the public interest to abolish the Bhil Naik Inams
held for service useful to Government on political considerations in the districts of West Khandesh and
Nasik in the State of Bombay and to provide for other incidental and con sequential matters hereinafter
appearing ; It is hereby enacted in the Sixth Year of the Republic of India as follows :––
1. Short title, extent and commencement.— (1) This Act may be called 2[the Maharashtra Bhil
Naik Inams Abolition Act].
(2) It extends to the districts of 3[West Khandesh (Except the villages specified in Parts II and III
of the First Schedule to the Bombay Reorganisation Act, 1960)] and Nasik in the 4[State of
Maharashtra].
(3) It shall come into force on such date as the State Government may, by notification in the
Official Gazette, appoint in this behalf.
2. Definitions.— (1) In this Act, unless there is anything repugnant in the subject or context,––
(i) “appointed date” means the date on which this Act comes into force ;
(ii) “Bhil Naik Inam” means the grant of a village or land for service useful to Government
on political considerations in accordance with the terms and conditions specified in Government
Resolution in the Revenue Department No. 5763, dated the 19 th August, 1902 and entered in the
alienation register kept under section 53 of the Code as “Class VI –Village servants useful to
Government” and inc ludes the land granted in Marod village of Navapur taluka under
Government order in the Revenue Department No. 288, dated the 11th January 1919 :
(iii) “Code” means the Bombay Land Revenue Code, 1879 (Bom. V of 1879);
(iv) “Collector” includes an officer appointed by the State Government to perform the
functions and exercise the powers of the Collector under this Act ;
(v) “inamdar” means a holder of a Bhil Naik Inam ;
(vi) “inam village” or “inam land” means a village or land, as the case may be, held by an
inamdar under a Bhil Naik Inam ;
(vii) “prescribed” means prescribed by rules made under this Act.
(2) The other words and expressions used but not defined in this Act shall have the meanings
assigned to them in the Code.
3. Act not to apply to certain inams.— Nothing in this Act shall apply to––
(i) devastan inams or inams held for religious or charitable institution ; and
(ii) inams other than Bhil Naik Inams held for service useful to Government in a inam
village or inam land.
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1955, Part V, p.p.28-29.
2 This short title was amended for the existing short title “The Bombay Bhil Naik Inams Abolition Act, 1955” by Mah. 24
of 2012, s. s. 2 and 3, Schedule, entry 55, w. e. f. 1-5-1960.
3 These words were substituted for the words “West Khandesh” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
4 These words were substituted for the words “State of Bombay”, ibid .
6 The Maharashtra Bhil Naik Inam Abolition Act [1955 : XXI
1[Explanation.––For the purposes of this section an inam held for a religious or charitable
institution shall mean a Devasthan or Dharmadaya inam granted or recognised by the ruling authority
for the time being for a religious or charitable institution and entered as such in the alienation register
kept under section 53 of t he Code or in the records kept under the rules made under the Pensions Act,
1871(XXIII of 1871).]
4. Abolition of Bhil Naik Inam and resumption of inam village and lands. —
Notwithstanding any settlement, grant, sanand or order or any law for the time bei ng in force, with
effect from and on the appointed date––
(1) all Bhil Naik Inams shall be deemed to have been abolished, and
(2) any liability to render service and all other incidents appertaining to such inams are hereby
extinguished.
(3) All inam villages and inam lands are hereby resumed and shall be deemed to be subject to the
payment of land revenue under the provisions of the Code (Bom. V of 1962) and the rules made
thereunder and the provisions of the Code and the rules relating to unalienated lands shall apply to such
lands.
5. Occupancy rights in respect of lands in inam villages and inam lands. — (1) In an inam
village and inam land––
(i) in the case of land which in not uncultivated on the appointed date and is in the actual
possession of an inamdar or in the possession of a person holding through or from him other than
an inferior holder referred to in clause (b) below, such inamdar, and
(ii) in the case of land, which is not uncultivated on the appointed date and is in the
possession of an inferior holder on payment of annual assessment only to the inamdar, such
inferior holder,
shall be primarily liable to the State Government for the payment of land revenue due in respect
of such land 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 the rules made thereunder or any other law for the
time being in force :
Provided that the inamdar, in respect of the land which is in the possession of a person
holding through or from him and the inferior holder in respect of the land in his possession shall
be entitled to the rights of an occupant on payment to the State Government of such occupancy
price as may be fixed by the State Government by special or general order but not exceeding an
amount equal to six times the amount of the full assessment of such lan d within the prescribed
period.
(2) If the inamdar or the inferior holder fails to pay the occupancy price within the prescribed
period he shall be deemed to be unauthorized occupying the land and shall be liable to be summarily
ejected in accordance with the provisions of the Code.
(3) The occupancy of the land granted under this section shall not be transferable or partible by
metes and bounds without the previous sanction of the Collector and except on payment of such
amount as the State Government may, by general or special order, determine.
Explanation.–– For the purposes of this section and section 6, land shall be deemed to be
uncultivated if it has not been cultivated for a continuous period of three years immediately before the
appointed date.
6. Uncultivated and waste lands and all property of the nature specified in section 37 of the
Code vest in Government. — For the removal of doubt it is hereby declared that all uncultivated and
waste lands, whether assessed or unassessed, in an inam village or inam land and all other kinds of
1 This Explanation was added and shall be deemed always to have been added at the end by Bom. 40 of 1956, s. 4 and
Second Schedule.
1955 : XXI] The Maharashtra Bhil Naik Inam Abolition Act 7
property referred to in section 37 of the Code situate in an inam village or inam land, which are not the
property of the individuals or of any aggregate 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, together with all rights in and over
the same or appertaining thereto, the property of the State Government and it shall be lawful to dispose
of or set apart the same by the authority and for the purpose provided in section 37 or 38 of the Code
(V of 1908), as the case may be.
7. Method of compensation for abolition, etc., of other rights in land. — (1) If any person is
aggrieved by the provisions of this Act as abolishing, extinguishing or modifying any of his righ ts to,
or interest in, property such person may apply to the Collector for compensation.
(2) An application under sub -section ( 1) shall be m ade to the Collector in a prescribed form
within six 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 meth od provided for in sub -section ( 1) of section 23 and section 24 of the Land
Acquisition Act, 1894 (I of 1894).
1[(2-A) (i) Where the officer making an award under sub -section (2) is a Collector under this Act
but not a Collector appointed under section 8 of the Code and the amount of such award exceeds five
thousand rupees, then the award shall not be made without the previous approval of––
(a) the Collector appointed under section 8 of the Code, if the amount of the award
does not exceed twenty-five thousand rupees, or
(b) the Commissioner, if the amount of the award exceeds twenty-five thousand rupees
but does not exceed one lakh of rupees, or
(c) the State Government, if the amount of the award exceeds one lakh of rupees.
(ii) Where the officer making an award under sub -section (2) is a Collector under this Act
and also a Collector appointed under section 8 of the Code, and the amount of such award
exceeds twenty-five thousand rupees, then such award shall not be made without the previous
approval of––
(a) the Commissioner, if the amount of the award does not exceed one lakh of
rupees, or
(b) the State Government, if the amount of the award exceeds one lakh of rupees.
(iii) Every award under sub -section (2) shall be in the form prescribed in section 26 of the
Land Acquisition Act, 1894 (I of 1894).]
(3) Nothing in this section shall entitle any person to compensation on the ground that any land,
which was wholly or partially exempt from the payment of land revenue, has been under the provisions
of this Act made subject to the payment of full assessment in accordance with the provisions of the
Code.
(4) Any person aggrieved by the award of the Collector made under sub-section (2) may appeal to
the 2[Maharashtra Revenue Tribunal constituted und er the Bombay Revenue Tribunal Act, 1957
(Bom. XXXI of 1958)] within 60 days from the date of the award.
(5) In deciding appeals under sub-section (4), the 3[Maharashtra Revenue Tribunal] shall exercise
all the powers which a Court has and follow the same procedure which the Court follows in deciding
appeals from the decree or order of an original Court under the Code of Civil procedure,
1908 (V of 1908).
1 Sub-section (2-A) was inserted by Bom. 93 of 1958, s. 2, Sch.
2 These words were substituted for the words “Maharashtra Revenue Tribunal constituted under the Bombay Revenue
Tribunal Act, 1939” by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
8 The Maharashtra Bhil Naik Inam Abolition Act [1955 : XXI
(6) In computing the period for filing appeals the provisions of sections 4, 5, 12 and 14 of the
Indian Limitation Act, 1908 (IX of 1908), shall apply to the appeals made under this section.
8. Court-fees.— Notwithstanding anything contained in the Court-fees Act, 1870 (VII of 1870),
every appeal made under this Act, to the 1[Maharashtra Revenue Tribunal] shall bear a Court-fee stamp
of such value as may be prescribed.
9. Finality of award of Collector and decision of Revenue Tribunal. — The award made by
the Collector subject to an appeal to the 2[Maharashtra Revenue Tribunal] and the decision of the
3[Maharashtra Revenue Tribunal] on the appeal shall be final and conclusive and shall not be
questioned in any suit or proceeding in any court.
4[9A. Revisional powers in respect of awards made before commencement of
Bom. XC III of 1958. — Where any award was made under sub -section ( 2) of section 7 before the
commencement of the Bombay Land Tenures Abolition (Amendment) Act, 1958
(Bom. XCIII of 1958) and no appeal was filed against such award under sub -section (4) of section 7
then notwithstanding anything contained in section 9, the State Government may call for the record of
the inquiry or proceedings relating to such award for the purpose of satisfyin g itself as to the legality,
propriety or regularity of such inquiry or proceedings and if, after giving the interested parties an
opportunity to be heard, it is not satisfied as to the legality, propriety or regularity of such inquiry or
proceedings, it may cancel the award and direct the Collector to make a fresh award and thereupon all
the provisions of this Act relating to the making of an award, the finality of such award and the appeal
against such award shall mutatis mutandis apply to such fresh award.]
10. Inquiries and proceedings to be judicial proceedings. — All inquiries and proceedings
before the Collector and the 5[Maharashtra 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).
11. Amount of compensation payable in transferable bonds. —The amount of compensation
payable under the provisions of this Act shall be payable in transferable bonds carrying interest at the
rate of three per cent. per annum from the date of the issue of such bonds and shall be repayable during
a period of twenty years from the date of the issue of such bonds by equated annual instalments of
principal and interest. The bonds shall be of such denominations an d shall be in such forms as may be
prescribed.
12. Provisions of Bom. LXVII of 1948 to govern relations of landlord and tenants .—
Nothing in this Act shall in any way be deemed to affect the application of any of the provisions of the
Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948) , to any inam village or
inam land or the mutual rights and obligations of a holder and his tenants, save in so far as the said
provisions are not in any way inconsistent with the express provisions of this Act.
13. Rules.— The State Government may, subject to the condition of previous publication, make
rules for the purpose of carrying out the provisions of this Act. Such rules, shall when finally made be
published in the Official Gazette.
14. Saving.— Nothing in this Act shall be deemed to affect,––
(a) any obligation or liability already incurred before the appointed date ; or
(b) any proceeding or remedy in respect of such obligation or liability ; and any such
proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed.
1 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
2 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
3 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
4 Section 9A was inserted by Bom. 93 of 1958. s. 20, Sch.
5 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
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