The Maharashtra Bhagdari and Narwadari Tenures Abolition Act.

1949 : XXXII]   1 
THE MAHARASHTRA BHAGDARI AND NARWADARI TENURES  
ABOLITION ACT  
[Text as on 23th April 2024]                                                                                                              
—————— 
CONTENTS 
PREAMBLE. 
SECTIONS. 
 1.  Short title, extent and commencement.  
 2.  Abolition of Bhagdari and Narwadari tenures.  
 3.  Holder of land forming part of bhag, narwa or recognised sub-division and persons in lawful 
possession of majmun to be deemed to be occupants.  
 4.  All other majmun land and other property to be property of the Crown.  
 5.  Alienation so far made not to be invalid.  
 6.  Custom of female heirs excluded by male heirs void.  
 7.  Saving of recognised alienation.  
 8.  Method of compensation for the extinguishment or modification of any rights in land.  
 9.  Repeal.  
 10.  Rules.  
 11.  Interpretation. 
       
   
2  The Maharashtra Bhagdari and Narwadari Tenures [1949 : XXXII 
Abolition Act 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1949 : XXXII] The Maharashtra Bhagdari and Narwadari Tenures  3 
Abolition Act 
 
LIST OF AMENDMENT ACTS 
 1. Adopted and modified by Bombay Adaptation of Laws (State and Concurrent Subjects) 
Order, 1956.  
 2. Adopted and modified by Maharashtra Adaptation of Laws (State and Concurrent Subjects) 
Order, 1960. 
 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 Bhagdari and Narwadari Tenures [1949 : XXXII 
Abolition Act 
 
 
 
 
 
 
  
 
 
 
  
1949 : XXXII] The Maharashtra Bhagdari and Narwadari Tenures  5 
Abolition Act 
 
ACT No. XXXII of 19491 
[THE MHARASHTRA BHAGDARI AND NARWADARI TENURES ABOLITION ACT.] 
[This Act received the assent of the Governor General on the 16th June 1949; assent was  
first published in the ―Bombay Government Gazette‖ on the 23rd June 1949.] 
An Act to abolish the Bhagdari and Narwadari tenures in the  
Province of Bombay. 
WHEREAS it is expedient to abolish the Bhagdari and Narwadari tenures which prevail in certain 
parts of the Province of Bombay and to provide for certain other purposes hereinafter; It is hereby 
enacted as follows :––  
1.  Short title, extent and commencement. — (1) This Act may be called 2[the Maharashtra 
Bhagdari and Narwadari Tenures Abolition Act].  
(2) It extends to the whole of the 3[Bombay area of the State of Maharashtra].  
(3) It shall come into force on such date as the Provincial Government may by notific ation in the 
Official Gazette specify.  
2.  Abolition of Bhagdari and Narwadari tenures.— With effect from and on the date on which 
this Act comes into force,––  
(1) the Bhagdari and Narwadari  tenures shall, wherever they prevail, be deemed to have been 
abolished ;  
(2) all the incidents of the said tenures attaching to any land held on such tenures shall be deemed 
to have been extinguished ;  
(3) any declaration made by the Provincial Governme nt under section 6 of the Bhagdari and 
Narwadari Act, 1862 (Bom. V of 1862), shall be deemed to have been cancelled.  
3.  Holder of land forming part of bhag, narwa or recognised sub -division and persons in 
lawful possession of majmun to be deemed to be oc cupants.— (i) Every holder of any land forming 
part of a bhag, narwa or share in a bhagdari or narwadari village or any homestead, building site 
(gabhan) or premises appurtenant or appendant to any such bhag, narwa or share or a recognised  
sub-division of a bhag, narwa or share, and  
(ii) every person lawfully in possession of any land forming part of a gam or pati majmun in a 
bhagdari or narwadri village,  
immediately before the coming into force of this Act, shall be deemed to be an occupant within the 
meaning of the Bombay Land Revenue Code, 1879  (Bom. V of 1879) , in respect of such land in his 
possession and shall be primarily liable to the Provincial 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 the obligations 
in respect of such land as an occupant under the said Code or any other law for the time being in force. 
4.  All other majmun land and other property to be property of the Crown. — For the 
removal of doubt, it is hereby declared that all land forming part of a gam or pati majmun in a bhagdari 
or narwadari village other than the land referred to in clause (ii) of section 3, all waste and uncultivated 
land and all other kinds of property referred to in section 37 of the Bombay Land Revenue Code, 1879  
(Bom. V of 1879) , situated in a bhagdari or narwadari village, which are not the property of any 
individual or of any aggregate of persons 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 
                                                   
1  For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part V, page 139. 
2  The short title was amended for the existing short title ―the Bombay Bhagdari and N arwadari Tenures Abolition Act, 
1949‖ by Mah. 24 of 2012, ss. 2 and 3, Schedule, entry 38, w. e. f. 1-5-1960. 
3  These words were substituted for the words ―pre -Reorganisation State of Bombay, excluding the transferred territories‖ 
by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 
6  The Maharashtra Bhagdari and Narwadari Tenures [1949 : XXXII 
Abolition Act 
 
any law for the time being is force are, together with all rights in or over the same or appertaining 
thereto, the property of the Crown, and i t shall be lawful to dispose of or set apart the same for the 
authority in the manner and for the purpose provided in section 37 or 38 of the Bombay Land Revenue 
Code 1879 (Bom. V of 1879), as the case may be.  
5.  Alienation so far made not to be invalid. — Any alienation, assignment, mortgage of, or any 
charge or incumbrance on, any bhag, narwa or share in any bhagdari or narwadari village other than a 
recognise sub -division of such bhag, narwa or share or any homestead, building site (gabhan) or 
premises appurtenant or appendant to any such bhag, narwa or share made or created before the 
coming into force of this Act in contravention of the provisions of section 3 of the Bhagdari and 
Narwadari Act, 1862 (Bom. V of 1862), shall not be or ever to have been d eemed to be invalid merely 
on the ground that it was made or created in contravention of the said section :  
Provided that the Collector or the other revenue officer has not made an order removing the 
person in whose favour such alienation, assignment, mor tgage, charge or incumbrance was made or 
created from the possession of such land, and such order has not been set aside by a competent court 
before the coming into force of this Act.  
6.  Custom of female heirs excluded by male heirs void. — Any custom, us age or practice 
relating to the succession to any bhag, narwa or a bhagdari or narwadari village or any homestead, 
building site (gabhan) or premises appurtenant or appendant to such bhag, narwa, or village whereby 
contrary to the personal law governing th e parties, the female heirs were excluded absolutely or in 
favour of more distant male heirs, shall, to the extent of repugnancy, be deemed to be void and of no 
effect from and after the date on which this Act comes into force.  
7.  Saving of recognised al ienation.— Nothing in section 3 of the Exemption from the Land 
Revenue (No. 2) Act, 1863  (Bom. VII  of 1863) , shall affect the rights of any person in respect of any 
land in a Bhagdari or Narwadari village, the alienation of which land in favour of such pe rson may 
have been recognised under the provisions of a special contract with the Crown or any law for the time 
being in force.  
8.  Method of compensation for the extinguishment or modification of any rights in 
land.— (1) If any person is aggrieved by any of the provisions of this Act as extinguishing or 
modifying any of his rights in land and if such person proves that such extinguishment or 
modification amounts to the transference to public ownership of land or any righ t in or over such 
land, such person may apply to the Collector for compensation.  
(2) Such application shall be made in a prescribed form and shall be made within six months from 
the date on which this Act comes into force.  
(3) The Collector shall, after holding a formal inquiry in the manner provided by the Bombay 
Land Revenue Code, 1879  (Bom. V of 1879) , award such compensation as he deems reasonable, and 
adequate. In deciding the amount of the compensation the Collector shall be guided by the provisions  
of sub-section (1) of sections 23 and 24 of the Land Acquisition Act, 1894  (I of 1894). Subject to the 
provisions of sub-section (4), the award of the Collector shall be final. 
(4) Any person aggrieved by the award of the Collector may appeal 1[to the Maharashtra Revenue 
Tribunal constituted under the Bombay Revenue Tribunal Act, 1957 (Bom. XXXI of 1958)].  
(5) In deciding appeals under sub -section (4) the 2[Maharashtra Revenue Tribunal] shall exercise 
all the powers which a Court has and 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).  
                                                   
1  These words and fig ures were substituted, for the portion be ginning with ―to  the Bombay‖ and ending with ―1939‖  
by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Orders, 1960. 
2  These words were substituted for the words ―Bombay Revenue Tribunal‖, by Maharashtra Adaptation of Laws (State and 
Concurrent Subjects) Orders, 1960. 
1949 : XXXII] The Maharashtra Bhagdari and Narwadari Tenures  7 
Abolition Act 
 
9.  Repeal.— The Bhagdari and Narwadari Act, 1862 (Bom. V of 1862) and section 117 of the 
Bombay Land Revenue Code, 1879 (Bom. V of 1879), are hereby repealed. The repeal of the said 
enactments and the provision declaring any incident of the Bhagdari and Narwadari tenures to have 
been extinguished shall not affect,— 
(a) any right, title, interest, obligation or liability already acquired, accrued or incurred 
before the date on which this Act comes into force ;  
(b) any legal proceeding, or remedy in respec t of any such right, title, interest, obligation or 
liability or anything done or suffered to be done before such date.  
10.  Rules.— The Provincial Government may make rules for the purpose of carrying out the 
provisions of this Act. Such rules shall be s ubject to the condition of previous publication and shall 
when finally made be published in the Official Gazette.  
11.  Interpretation.— The words and expressions used in this Act shall have the meanings 
assigned to them in the Bombay Land Revenue Code, 1879 (Bom. V of 1879). 

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