The Maharashtra Service Inams (Useful to Community) Abolition Act.

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1953 : LXX] 1

THE MAHARASHTRA SERVICE INAMS (USEFUL TO
COMMUNITY) ABOLITION ACT
[Text as on 17th May 2024]
________________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Abolition of service inams and rights in respect of such inams.
4. Liability of service inam villages and lands to land revenue and persons liable to pay
the same.
5. Resumption of service inam land and its regrant to holder.
6. Compensation in lieu of cash allowance or land revenue.
7. Method of compensation for abolition, etc., of other rights in land.
8. Court-fees.
9. Finality of award of Collector and decision of Revenue Tribunal.
10. Inquiries and proceedings to be judicial proceedings.
10A. Revisional powers in respect of awards made before commencement of Bom. XCIII
of 1958.
11. Amount of compensation to be payable in transferable bonds.
12. Provisions of Bom. LXVII of 1948 to govern relations of holder and tenants.
13. Rules.
14. Discontinuance of application of certain enactments.
THE SCHEDULE
2 The Maharashtra Service Inams (Useful to Community) Abolition Act [1953 : LXX

1953 : LXX] The Maharashtra Service Inams (Useful to Community) Abolition Act 3

LIST OF AMENDMENT ACTS
1. Amended by Bom. 58 of 1954
2. Amended by Bom. 51 of 1955
3. Amended by Bom. 93 of 1958
4. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
5. Amended by Mah. 4 of 1964
6. Amended by Mah. 21 of 2002 (6-5-2002)
7. Amended by Mah. 19 of 2008 (9-5-2008)
8. Amended by Mah. 24 of 2012 (1-5-1960)
9. Amended by Mah. 10 of 2021

Note :- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Service Inams (Useful to Community) Abolition Act [1953 : LXX

1953 : LXX] The Maharashtra Service Inams (Useful to Community) Abolition Act 5

ACT No. LXX OF 19531
[THE MAHARASHTRA SERVICE INAMS (USEFUL TO COMMUNITY) ABOLITION ACT.]
[This Act received the assent of the President on the 15th December 1953; assent was first published
in the Maharashtra Government Gazette, Part IV on the 22nd December 1953.]
An Act to abolish service inams useful to the community in certain parts
of the State of Bombay.
WHEREAS it is necessary and expedient in the public interest to abolish service inams useful to
the community in certain parts of the State of Bombay and to provide for other incidental and
consequential matters hereinafter appearing; It is hereby enacted as follows :—
1. Short title, extent and commencement. — (1) This Act may be called 2[the Maharashtra
Service Inams (Useful to Community) Abolition Act.]
(2) It extends to the territories formerly comprising of Khandesh, Deccan and Southern Maratha
Country and subsequently forming part of the districts of East Khandesh, West Khandesh, Ahmednagar,
Nasik, Poona, Satara, Sholapur, Bijapur, Belgaum, Kanara and Dharwar as they existed before the
States’ Merger (Governor’s Provinces) Order, 1949.
(3) It shall come into force on such 3[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,—
(a) “appointed day” means the day on which this Act comes into force ;
(b) “Code” means the Bombay Land Revenue Code, 1879 (Bom. V of 1879);
(c) “Collector” includes an officer appointed by the State Government to perform the
functions and exercise the powers of the Collector under this Act;
(d) “holder” means (except in the expression “inferior holder”) a holder of a service inam
and includes any person lawfully holding under or through him ;
(e) “service inam village” or “service inam land” means a village or a portion of a village or
land, as the case may be, held in inam by a person for service useful to the community ;
(f) “service inam” means,—
(i) a grant of a village, portion of a village, land or total or partial exemption from land
revenue held for service useful to the community and entered in the alienation register kept
under section 53 of the Code as “Class VI-village servants useful to village communities”;
(ii) a grant of money or land revenue including anything payable as a cash allowance
on the part of the State Government for service useful to the community ;
(g) “prescribed” means prescribed by rules made under this Act ;
(h) “Schedule” means a Schedule appended to this Act ;
(i) the words and expressions used but not defined in this Act shall have the meanings
assigned to them in the Code.
(2) If any question arises whether any grant is a service inam, the State Government shall, having
regard to the relevant entries in the alienation records and after holding such inquiry as may be deemed
fit, decide the question and such decision shall be final :

1 For Statement of Objects and Reasons of the L. A. Bill No. LXV of 1953, see Bombay Government Gazette, 1953,
Part V, dated 31st August 1953, pages 458-459.
2 This short title was substituted for “the Bombay Service Inams (Useful to Community) Abolition Act, 1953” by Mah. 24
of 2012, s. 4 : Schedule, Entry-52.
3 1st day of April 1954 (See G.N., R.D., No. 8824/45-II, dated the 16th February 1954).
6 The Maharashtra Service Inams (Useful to Community) Abolition Act [1953 : LXX

Provided that the State Government may authorise any officer to decide such question and subject
to an appeal to the State Government his decision shall be final.
3. Abolition of service inams and rights in respect of such inams.— With effect from and on
the appointed day, notwithstanding anything contained in any law, usage, settlement, grant, sanad or
order—
(1) all service inams shall be deemed to have been abolished and all incidents appertaini ng
thereto shall be deemed to have been extinguished ;
(2) all rights to hold office and any liability to render service appertaining to the said inams
are hereby extinguished.
4. Liability of service inam villages and lands to land revenue and persons liable to pay the
same.— (1) All service inam villages and service inam lands which have been adjudicated under rule
8 of Schedule B to the Bombay Rent-free Estates Act, 1852 (XI of 1852) 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 apply to such villages
and lands.
(2) In the case of service inam land to which sub-section (1) applies,–
(a) where such land is in possession of the holder or in possession of a person (other than an
inferior holder) holding from him, the holder, and
(b) where such land is in possession of an inferior holder holding the same on payment of
annual assessment only, such inferior holder,
shall primarily be liable to the State Government for the payment of land revenue due in respect
of such land held by him and shall be entitled to all 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.
5. Resumption of service inam land and its regrant to holder. — (1) All service inam lands
which have not been adjudicated under rule 8 of Schedule B to the Bombay Rent-free Estates Act, 1852
(XI of 1852), are hereby resumed and shall be liable to the payment of land revenue under the provisions
of the Code and the rules made thereunder and the provisions of the Code and the rules relating to the
unalienated lands shall apply to such lands.
(2) A service inam land re sumed under the provisions of 1[sub-section (1)] shall be regranted to
the holder on payment of the occupancy price equal to six times the amount of the full a ssessment of
such land within 2[five years] from the appointed day and the holder shall be deemed to be an occupant
within the meaning of the Code in respect of such land and shall primarily be liable to pay land revenue
to the State Government in accordance with the provisions of the Code and the rules made thereunder:
Provided that, if the holder fails to pay the occupan cy price within the period of 3[five years] as
provided in this section, he shall be deemed to be unauthorisedly occupying the land and shall be liable
to be summarily ejected in accordance with the provisions of the Code :
4[Provided further that where a service inam consisting of land is inalienable and is in the
possession of a person other than the descendant of the original grantee, then for the purposes of regrant
of land, the person in possession of the land shall produce satisfactory documentary evidence to show
that the alienation of the land in his favour or in favour of his predecessor -in-title was made with the
sanction of the competent authority, and was lawfully made.]

1 These words, brackets and figure were substituted for the words “this Act” by Bom. 58 of 1954, s. 2, Schedule.
2 These words were substituted for the words “two years” by Bom. 51 of 1955, s. 3, Second Schedule.
3 These words were substituted for the words “two years” by Bom. 51 of 1955, s. 3, Second Schedule.
4 This proviso was added by Mah. 4 of 1964, s. 2.
1953 : LXX] The Maharashtra Service Inams (Useful to Community) Abolition Act 7

1[(3) 2[(a)] On or after the commencement of Bombay Paragana and Kulkarni Watans (Abolition),
the Bombay Service Inams (Useful to Community) Abolition, the Bombay Merged Territories
Miscellaneous Alienation Abolition, the Bombay Inferior Village Watan s Abolition and the
Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2000 (Mah. XXI of 2002)
(hereinafter, in this section, referred to as “the commencement date”), the occupancy of the land
regranted under sub -section (1) may be transferr ed by the occupant for agricultural purpose, and no
previous sanction or no objection certificate from the Collector or any other authority shall be necessary
for such transfer. After such transfer, the land shall be continued to be held by such transferee occupant
on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the Code :
3[(b) Before the commencement date, if any such occupancy has already, without previous
sanction or no objection certificate from the Collector or any other authority, been transferred by the
occupant, for agricultural purpose, such transfer may be regularised on the production of registered
instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such
regularisation, the occupancy of such land shall be held by such transferee occupant on new and
impartiable tenure (Occupant Class II), in accordance with the provisions of the Code:]
Provided that, any such occupancy held on new and impartiable tenure (Occupant Class II) may,
after the commencement date, be converted into old tenure (Occupant Class I) by the occupant, by
making payment of fifty per cent. of the amount of the current market value of such land to the
Government, and after such conversion, such land shall be held by the occupant as Occupant Class I,
in accordance with the provisions of the Code:
Provided further that, if on the commencement date, any such occupancy has already, with the
prior permission of the Collector or any ot her competent authority, on payment of the appropriate
amount as Nazarana, been transferred for non -agricultural use, such transfer of occupancy shall be
deemed to have been made under the first proviso and the land shall be deemed to be held by the
occupant as an Occupant Class I, in accordance with the provisions of the Code, with effect from the
date of such transfer :
Provided also that, if on the commencement date, any such occupancy has already prior
permission of the Collector or any other competent authority and without payment of the amount equal
to fifty per cent. of the current market value of such land, as Nazarana been tra nsferred for non -
agricultural use, such transfer may be regularised on payment of an amount equal to fifty per cent., of
the current market value of such land for non -agricultural use as Nazarana, and an amount equal to
fifty per cent. of such Nazarana as a fine, and on such payment, the occupant shall hold the land as an
Occupant Class I, in accordance with the provisions of the Code.]
4[Provided also that, on or before the commencement of the Maharashtra Paragana and Kulkarni
Watans (Abolition), the Maharashtra Service Inams (Useful to Community) Abolition, the Maharashtra
Merged Territories Miscellaneous Alienations Abolitio n, the Maharashtra Inferior Village Watans
Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2021 (Mah. X
of 2021), if any such occupancy has already, without prior permission of the Collector or any other
competent authority and without payment of an amount equal to fifty per cent. of the current market
value of such land, been transferred for non -agricultural use, or utilised for non -agricultural use, and
division of such land or plot has been or is being regularised unde r the Maharashtra Gunthewari
Developments (Regularisation, Upgradation and Control) Act, 2001(Mah. XXVII of 2001) (hereinafter
referred to as “the Gunthewari Developments Act”), then such transfer may be regularised on payment
of an amount equal to twenty five per cent. of the current market value of such land in addition to any
amount payable under the Gunthewari Development Act for regularization of gunthewari
Development; and on such payment, the occupant shall hold the land or plot as an occupant Class-I in
accordance with the provisions of the Code.

1 Sub-section (3) was substituted by Mah. 21 of 2002, s. 3.
2 Sub-section (3) was re-numbered as clause (a) thereof by Mah. 19 of 2008, s. 3.
3 This clause was inserted by Mah. 19 of 2008, s. 3.
4 This proviso was inserted by Mah. 10 of 2021, s. 3.
8 The Maharashtra Service Inams (Useful to Community) Abolition Act [1953 : LXX

Explanation.— For the purposes of this sub-section, the term “market value of such land” means
the value of such land specified in the Annual Statement of Rates published under the provisions of the
Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995 or any other Rules
for the time being in force, in this regard for the relevant year, and where such Annual Statement of
Rates is not prepared or available, it means the value of such l and as determined by the Assistant
Director of the Town Planning Department of the concerned District.].
6. Compensation in lieu of cash allowance or land revenue. — Notwithstanding anything
contained in any law, usage, settlement, grant, sanad or order,—
(1) a sum equal to seven times the amount of the cash allowance due to a holder on the
appointed day shall be paid to such holder ;
(2) in the case of any land or village, in respect of which the service inam consists of the
whole or a part of the land revenue of such land or village, a sum equal to ten times the amount
of such land revenue shall be paid to the holder.
7. Method of compensation for abolition, etc., of other rights in land. — (1) If any person is
aggrieved by the provisions of this Act a s 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 f or
compensation.
(2) An application under sub-section (1) shall be made to the Collector in a prescribed form within
six months from the appointed day. The Collector shall, after holding a formal inquiry in the manner
provided by the Code, make an award d etermining the compensation in the manner and according to
the method provided for in sub -section (1) of section 23 and section 24 of the Land Acquisition Act,
1894 (I of 1894).
1[(2A) (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 service
inam 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.

1 Sub-section (2A) was inserted by Bom. 93 of 1958, s. 2, Schedule.
1953 : LXX] The Maharashtra Service Inams (Useful to Community) Abolition Act 9

(4) Any person aggrieved by the awa rd of the Collector made under sub -section (2) may appeal
to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939
(Bom. XII of 1939), within 60 days from the date of the award.
(5) In deciding appeals under sub-section (4), the Bombay 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).
(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 Bombay 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 Bombay Revenue Tribunal and the decision of the Bombay
Revenue Tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or
proceeding in any Court.
10. Inquiries and proceedings to be judi cial proceedings.— All inquiries and proceedings
before the Collector and the Bombay 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).
1[10A. Revisional powers in respect of awards made before commencement of Bom. XCIII
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 satisfying 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.]
11. Amount of compensation to be 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 i ssue 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 and shall be in such
forms as may be prescribed.
12. Provisions of Bom. LXVII of 1948 to govern relations of holder and tenants.— Nothing
in this Act shall in any way be deemed to affect the application of any of the provisions of the 2Bombay
Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII o f 1948), to any service inam village or
service 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.

1 Section 10A was inserted by Bom. 93 of 1958, s. 2, Schedule.
2 Now read as Maharashtra Tenancy and Agricultural Lands Act.
10 The Maharashtra Service Inams (Useful to Community) Abolition Act [1953 : LXX

14. Discontinuance of application of certa in enactments.— (1) With effect from and on the
appointed day the provisions of the enactments specified in the Schedule shall to the extent specified
in column 4 thereof cease to apply to all service inams.
(2) Nothing in sub-section (1) shall be deemed to affect,—
(a) any obligation or liability already incurred before the appointed day ;
(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 any such proceeding may be continued and disposed of as if this Act had not been passed.

THE SCHEDULE
Year.

1
No.

2
Short Title.

3
Extent of cessation of
application.
4
1852 XI The Bombay Rent-free Estates
Act, 1852.
The whole Act shall cease
to apply.
1863 II The Exemptions from Land Revenue
(No. 1) Act, 1863.
Do. Do.
1871 XXIII The Pensions Act, 1871. Do. Do.
1926 XI The Invalidation of Hindu Ceremonial
Emoluments Act, 1926.
Sections 5 and 6.

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